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Originally presented as the author's Thesis (Ph. D.)--University of Cambridge Faculty of Law. / Description based on print version record. Includes bibliographical references (p. [215]-247) and index.

Originally presented as the author's thesis (Ph.D.)--University of Cambridge Faculty of Law. / Includes bibliographical references (p. [215]-247) and index.

This thesis seeks to identify the moral wrong of torture, and to trace the relationship between that wrong and the definition of torture in international law. Because understanding a concept's modern manifestation requires an understanding of its history, the thesis begins by tracing the historical trajectory of legal prohibitions of different forms of ill-treatment beginning with the English Bill of Rights in 1689, subsequently articulated in the 1948 Universal Declaration of Human Rights, that 'no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment'. This prohibition, almost universally accepted by States, has come to be interpreted as embodying a hierarchy with torture at the apex. The shift towards a hierarchical interpretation of the prohibition of torture and ill-treatment in international law was remarkable, both for its decisiveness and for its surprisingly recent occurrence. The reasons for that shift are examined, before turning to a consideration of the competing accounts of what it is that makes torture wrong. Two predominant accounts of the moral wrong of torture are identified, described here as the 'dignitarian' and the 'defencelessness' accounts. Although most international instruments and judicial decisions on torture implicitly reflect the dignitarian account, the thesis argues that this account is open to challenge on normative grounds. Instead, it argues that the preferable account of the moral wrong of torture is a modified form of the defencelessness account, according to which torture is the deliberate infliction of severe pain or suffering in the context of a profoundly asymmetric power relation. Finally, the thesis turns to a consideration of the definitions of torture in international law. It contends that there are distinct conceptions of torture operating in the criminal paradigm, and in the human rights paradigm, respectively. While both conceptions of torture at present reflect the dignitarian account, the thesis argues that there is scope in the human rights paradigm for a more expansive 'defencelessness' conception of torture to be adopted.

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Human rights are increasingly recognised as part of international law and politics, but they at times conflict with principles of state sovereignty and non-intervention. This thesis examines the conflict that exists between the order provided by states and various aspirations for justice as expressed in cases of international judicial interventions. It argues that a shift has taken place in international relations from a predominantly state-centric view of international law towards an increased recognition of principles of individual justice. The overarching theoretical and analytical framework of this thesis is based on the English School of International Relations and its pluralist and solidarist approaches to the conflict between order and justice. Pluralism emphasises order over justice whereas solidarism looks at ways of overcoming the conflict by recognising the mutual interdependence of order and justice. The framework chosen also integrates a constructivist approach and the ‘norm life cycle’ to explain how norms emerge and are internalised in international society. Through close textual analysis, this thesis examines four case studies as concrete expressions of the order and justice conflict: Pinochet and the House of Lords; the Congo versus Belgium at the ICJ; the establishment of the ad hoc war crimes tribunal for the Former Yugoslavia; and the creation of the International Criminal Court. It is argued that these cases reflect different stages of the norm life cycle and demonstrate normative developments that lead to changes in the rules of international society. The cases illustrate both acceptance as well as resistance to such developments which suggests that norm development is not a neat progression but rather a dynamic process. The overall argument of the thesis is that a development has taken place in international relations towards increased recognition and internalisation of human rights and their enforcement in the international order. This can be seen as a starting point for the creation of a more ‘just’ order.

Thesis (M.A. (Human Rights))--Mahidol University, 2008. / LICL has E-Thesis 0045 ; please contact computer services.

8. RESUMÉ This graduation thesis deals with a child forced labour, its determination and means of the international law to combat child labour. The aim of the thesis is to clarify the concept of child labour from the view of the international law and to summarize the most important means of the protection of children from economic exploitation. It tries to compare these measures and find out, if they are able to change or influence the situation of children forced to work in a real life. I focused on the most significant universally operating international organizations, whose international law documents deal with the prohibition of child labour, as well as important international organizations and their documents in the regional level. The concept of the child forced labour was explained trough international law documents and scientific works from the field of international law and international law of human rights as well. In the same way it was proceeded to find substantial characters of supervisory mechanisms to particular international conventions. The thesis in the same time refers to details that appear trough practice of mechanisms, there are explained basic concepts and differences in decisions. Working and effectiveness of international bodies with competence in child forced labour were researched...

Thesis (Ph. D.)--Miami University, Dept. of Political Science, 2003. / Title from second page of PDF document. Includes bibliographical references (p. 184-206).

MASTER'S THESIS Evolution of the protection of the freedom of assembly and association under the ECHR and the ICCPR in the Russian Federation. Author: Daria Solomina Supervisor: JUDr. Milan Lipovský, Ph.D. Study programme: MAIN Academic Year: 2020/2021 Abstract The rights of assembly and association are vital elements of the international system of human rights. The democratic society needs to protect those freedoms to let the population a chance to express important ideas, concerns, raise political and social issues and make sure the government knows what is important to pay attention to. The international legal system (in particular created by the ECHR and the ICCPR), has come up with fundamental basis for the realization of the rights of assembly and association. However, the main responsibility of the implementation of those rules and norms lays on the states and their domestic legal systems. This thesis researches the structure of the legal protection of the freedoms of assembly and association in the Russian Federation, discovers the significant discordances between it and the provisions of the ECHR and the ICCPR, and attempts to give the political reasoning that is behind those differences. Analyzing the case-law, historical developments of the political life of the Russian Federation and the...