Urgency and Human Rights

The Protective Potential and Legitimacy of Interim Measures

Editors: Rieter, Eva, Zwaan, Karin (Eds.)

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  • Discusses urgency and human rights from the vantage point of various practitioners and scholars
  • Presents approaches and ideas by legal scholars and practitioners on the question whether interim measures can be useful tools in the face of urgent human rights situations
  • Provides an insight into the protective potential of interim measures, with a special focus on protection gaps and obstacles
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About this book

This book deals with urgency and human rights. ‘Urgent’ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases.

This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use.

Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases.

There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect.

Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.

Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.



About the authors

Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands. Dr. Karin Zwaanis associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.

Table of contents (11 chapters)

Table of contents (11 chapters)
  • Introduction: Perspectives on the Protective Potential of Interim Measures in Human Rights Cases and the Legitimacy of Their Use

    Pages 1-15

    Rieter, Eva

  • Urgency and Human Rights: The Necessary and Legitimate Role of Regional Human Rights Tribunals

    Pages 17-35

    Shelton, Dinah

  • Urgency and Human Rights in EU Law: Procedures Before the Court of Justice of the EU

    Pages 37-63

    Prechal, Sacha (et al.)

  • The Politics of Interim Measures in International Human Rights Law

    Pages 65-86

    Pillay, Roísín

  • Provisional Measures in the African Human Rights System: Lingering Questions of Legitimacy

    Pages 87-113

    Ebobrah, Solomon T.

Buy this book

eBook $109.00
price for USA in USD
  • ISBN 978-94-6265-415-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.99
price for USA in USD
  • ISBN 978-94-6265-414-3
  • Free shipping for individuals worldwide
  • Institutional customers should get in touch with their account manager
  • Covid-19 shipping restrictions
  • Usually ready to be dispatched within 3 to 5 business days, if in stock
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Bibliographic Information

Bibliographic Information
Book Title
Urgency and Human Rights
Book Subtitle
The Protective Potential and Legitimacy of Interim Measures
Editors
  • Eva Rieter
  • Karin Zwaan
Copyright
2021
Publisher
T.M.C. Asser Press
Copyright Holder
T.M.C. Asser Press and the authors
eBook ISBN
978-94-6265-415-0
DOI
10.1007/978-94-6265-415-0
Hardcover ISBN
978-94-6265-414-3
Edition Number
1
Number of Pages
XI, 319
Number of Illustrations
2 b/w illustrations, 1 illustrations in colour
Topics