"During the past three decades, international legal expert Francis A. Boyle has dealt with some of the most difficult problems created by Britain's continued military occupation of six northeast counties in Ireland. In so doing, he along with other Irish Americans engaged the formidable Irish American domestic lobby in support of the Irish resistance. This book addresses some of the most important aspects of their historic campaigns--the struggle to prevent deportation of Irish freedom-fighter, Joe Doherty, the protest against the U.S.-U.K. Extradition Treaty of 2006, the effort to engage U.S. multinationals in implementing the MacBride Principles to roll back discrimination against Catholics in Northern Ireland. But most significantly, Boyle makes the legal case for viewing the horrific Irish 'Potato Famine'--the Irish Hecatomb--as a result, not of laissez-faire economic policy, but of intentional British genocide. This is the definitive book on all legal/political/human rights aspects of the Irish conflict, including Britain's international legal obligation to decolonize Northern Ireland and going forward, a legal and human rights framework for establishing a United Ireland where all Irish can live in peace with justice for all irrespective of their differences. United Ireland, Human Rights, and International Law is required reading for Irish Americans, people living in Ireland, and the Irish Diaspora around the world"--Provided by publisher.
and effectiveness in representing clients.
Linda Moore and Mary O'Rawe
This book provides the first comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. Brice Dickson studies the effectiveness of the Convention in protecting human rights in a society wracked by terrorism and deep political conflict, detailing the numerous applications lodged at Strasbourg relating to the conflict and considering how they were dealt with by the enforcement bodies. The book illustrates the limitations inherent in the Convention system but also demonstrates how the European Commission and Court of Human Rights gradually developed a more interventionist approach to the applications emanating from Northern Ireland. In turn this allowed the Convention to become a more secure guarantor of basic rights and freedoms during times of extreme civil unrest and political turmoil elsewhere in Europe. The topics examined include the right to life, the right not to be ill-treated, the right to liberty, the right to a fair trial, the right to a private life, the right to freedom of belief, the right to freedom of expression, the right to freedom of assembly, and the right not to be discriminated against. The book argues that, while eventually the European Court did use the applications from Northern Ireland to establish important human rights principles, their development was slow and arduous and some gaps in protection still remain. The book illustrates the limits of the European Convention as a tool for protecting human rights in times of crisis.
A state of emergency has existed in Northern Ireland since 1922. Security forces have broad powers to stop and question people, to search their homes, to detain them without charges for as long as sevendays and to exclude them from Northern Ireland or Great Britain. The right to trial by jury has been suspended for offenses related to terrorism. Political violence is a daily occurrence, and death is commonplace; almost 2, 900 people have died in "The Troubles" since 1969.
This Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the law of the sea, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a symposium issue on Brexit, Ireland and international law, bringing together leading academics exploring the international legal-political context of Brexit for Ireland.
Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
By the 1980s the concept of internationally recognized human rights was being reinforced by a growing body of international law and by the multiplication of agencies concerned with such matters as torture in Paraguay, slavery in Mauritania, the British use of force in Northern Ireland, and starvation and malnutrition in EastøAfrica and Southeast Asia. No matter how much a national leader might find it more convenient to focus on other matters, some world organization or private group could be counted on to keep the issue of universal human rights alive. Because the subject is particularly timely, David P. Forsythe has revised Human Rights and World Politics, first published in 1983. For this second edition, Forsythe has updated all chapters and completely rewritten the one on U.S. foreign policy to include the second Reagan administration. After a brief history of the evolution of human rights in international law and diplomacy, he surveys human rights standards as developed by the United Nations and other official organizations. Moving from the definitive core of law, Forsythe turns to the interpretation and implementation of rights agreements; the role of private or unofficial organizations such as Amnesty International and the Red Cross; the relationship between civil-political and socio-economic rights; the role of human rights in U.S. foreign policy, particularly under Carter and Reagan; and lobbying in Washington by human-rights interest groups. In all, Forsythe?s exhaustive research and careful analysis bring clarity and concreteness to a subject too often obscured by rhetoric.
Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.
Incorporating HC 360-i and ii, session 2008-09
Human Rights Law provides thorough coverage of human rights issues, offering a practical text for trainee solicitors and practitioners in Ireland. This fourth edition has been fully updated to cover recent developments in the field.
Terrorism and the Law offers a thoughtful and up-to-date discussion of the key materials on terrorism law. It provides comprehensive coverage of the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these laws, and of the practical issues raised.
The Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
This edited collection addresses some of the most important challenges in contemporary human rights law and practice. Its central theme is the linkage between public finance, particularly budget decisions, and the realisation (or not) of economic and social rights. While much academic and political debate on economic and social rights implementation has focused on the role of the courts, this work places the spotlight squarely on those organs of government that have the primary responsibility and the greatest capacity for giving effect to such rights: namely, the elected branches of government. The major actors considered in this book are politicians, public servants and civil society, with their role in realising economic and social rights the work's key focus. The book thus makes a crucial contribution to remedying the current imbalance in attention paid by economic and social rights scholars to the legislature and executive vis-a-vis the judiciary. Featuring pioneering work by leading experts in the field of human rights and public finance, this multidisciplinary collection will be of great interest to academics, practitioners, public servants and students working in the areas of law, human rights, economics, development and political science.
This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.