Research Handbook on International Human Rights Law ...

1 Research Handbook on International Human Rights LawRESEARCH HANDBOOKS IN International LAWThis highly original series offers a unique appraisal of the state of the art ofresearch and thinking in International law. Taking a thematic approach, eachvolume, edited by a prominent expert, covers a specific aspect of internationallaw or examines the International legal dimension of a particular strand of thelaw. A wide range of sub-disciplines in the spheres of both public and privatelaw are considered; from International environmental law to internationalcriminal law, from International economic law to the law of internationalorganisations, and from International commercial law to International humanrights law.

2 The Research Handbookscomprise carefully commissioned chap-ters from leading academics as well as those with an emerging a genuinely International approach to the law, and addressing currentand sometimes controversial legal issues, as well as affording a clear substan-tive analysis of the law, these Handbooks are designed to inform as well as tocontribute to current useful as reference tools or introductions to specific topics, issues anddebates, the Handbookswill be used by academic researchers, post-graduatestudents, practising lawyers and lawyers in policy in this series include: Research Handbook in International Economic LawEdited by Andrew T.

3 Guzman and Alan O. SykesResearch Handbook on International Human Rights LawEdited by Sarah Joseph and Adam McBethHandbook of Research on International Consumer LawEdited by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson with DavidKraftResearch Handbook onInternational Human RightsLawEdited bySarah JosephProfessor of Law and Director, Castan Centre for HumanRights Law, Monash University, AustraliaAdam McBethSenior Lecturer and Deputy Director, Castan Centre for Human Rights Law, Monash University, AustraliaRESEARCH HANDBOOKS IN International LAWE dward ElgarCheltenham, UK Northampton, MA, USA The Editors and Contributors Severally 2010 All Rights reserved.

4 No part of this publication may be reproduced, stored in aretrieval system or transmitted in any form or by any means, electronic, mechanical orphotocopying, recording, or otherwise without the prior permission of the byEdward Elgar Publishing LimitedThe Lypiatts15 Lansdown RoadCheltenhamGlos GL50 2 JAUKE dward Elgar Publishing, Pratt House9 Dewey CourtNorthamptonMassachusetts 01060 USAA catalogue record for this book is available from the British LibraryLibrary of Congress Control Number: 2009937758 ISBN 978 1 84720 368 7 (cased)Typeset by Cambrian Typesetters, Camberley, SurreyPrinted and bound by MPG Books Group, UK02 ContentsList of contributorsviiPrefacexiii1 The United Nations and Human rights1 Sarah Joseph and Joanna Kyriakakis2 Economic, social and cultural Rights : an examination of state obligations36 Manisuli Ssenyonjo3 Extraterritoriality: universal Human Rights without universal obligations?

5 71 Sigrun I Skogly4 Non-state actors and International Human Rights law97 Robert McCorquodale5 NGOs and Human Rights : channels of power115 Peter J Spiro6 Human Rights in economic globalisation139 Adam McBeth7 Human Rights and development167 Stephen P Marks8 Gender and International Human Rights law: the intersectionality agenda196 Anastasia Vakulenko9 Refugees and displaced persons: the refugee definition and humanitarian protection215 Susan Kneebone10 International criminal law241 Elies van Sliedregt and Desislava Stoitchkova11 The four pillars of transitional justice: a gender-sensitive analysis272 Ronli Sifris12 The International Court of Justice and Human rights299 Sandesh Sivakumaran13 The Council of Europe and the protection of Human Rights : a system in need of reform326 Virginia Mantouvalou and Panayotis Voyatzisv14 The Inter-American Human Rights system.

6 Selected examples of its supervisory work353 Diego Rodr guez-Pinz n and Claudia Martin15 African Human Rights law in theory and practice388 Magnus Killander16 The political economy and culture of Human Rights in East Asia414 Michael C Davis17 Islam and the realization of Human Rights in the Muslim world440 Mashood A Baderin18 Religion, belief and International Human Rights in the twenty-first century467 Peter Cumper19 DRIP feed: the slow reconstruction of self-determination for Indigenous peoples492 Melissa Castan20 Counter-terrorism and Human rights512 Alex Conte21 Human Rights education: a slogan in search of a definition541 Paula GerberIndex567viResearch Handbook on International Human Rights lawContributorsMashood A Baderinis currently Professor of Law and Head of the School ofLaw at the School of Oriental and African Studies (SOAS), University ofLondon.

7 He researches in the areas of Islamic Law; International Law; International and Comparative Human Rights Law; Human Rights and IslamicLaw, with particular interest in the interaction between International Law, Human Rights Law and Islamic law in Muslim States. Amongst his publica-tions are International Human Rights and Islamic Law (OUP, 2003 and 2005), International Law and Islamic Law (Ashgate, 2008) and articles in leadinginternational academic journals. He is a founding co-editor of the MuslimWorld Journal of Human Castanis a Senior Lecturer and Deputy Director for the CastanCentre for Human Rights Law.

8 Her teaching and Research interests are domes-tic and International Indigenous legal issues, constitutional law, internationalhuman Rights law and legal education. She has various publications onIndigenous Rights under International law, and recently authoredConstitutional Law(Pearson Education, 2008). She is co-author of TheInternational Covenant on Civil and Political Rights : Cases, Commentary andMaterials(OUP, 2004) and Federal Constitutional Law: A ContemporaryView(Lawbook, 2006). She is currently running a major Research project oncapacity building for native title bodies with the Australian Conteis a consultant on security and Human Rights ( )

9 Who has worked within government and internationalorganisations, in private legal practice, and as a professor of International member of the advisory panel of experts to the United Nations SpecialRapporteur on the Promotion and Protection of Human Rights andFundamental Freedoms while Countering Terrorism, Dr Conte is also a fellowto the International Policy Institute on Counter-Terrorism. He is the SeriesEditor of the Ashgate International Law Series, and was the founding GeneralEditor of the New Zealand Yearbook of International Cumperis a Senior Lecturer in the School of Law in the University ofLeicester, where he teaches Constitutional and Administrative Law, HumanRights Law, and Law and Religion.

10 He has published in a number of journalsin the UK and overseas, and is the joint editor of Minority Rights in the New Europe(Kluwer, 1999).viiMichael C Davisis a Professor of Law at the Chinese University of HongKong. He has served as the J. Landis Martin Visiting Professor of Law atNorthwestern University Law School (2005 2006), the Robert and MarionShort Visiting Professor of Law at Notre Dame Law School (2004 2005) andas the Schell Senior Fellow in Human Rights at the Yale Law School(1994 1995).