The international law of human rights and states of exception: with special reference to the preparatory works and the case-law of the international monitoring organs

Analyse: The thesis contains an account of the history of emergency powers and examines the principles of legality and of a democratic society which precondition the resort to all limitations on the enjoyment of human rights
It analyses the concepts of public order and national security in human rights law, as well as the notion of public emergency in three major human rights treaties and international labour law
It then deals with the legal obligations from which States may not in any circumstances derogate and the relationship between these obligations and those that may to some extent be derogated from in public emergencies
It finally examines the remaining conditions for the lawful exercise of the right of derogation, namely, the principle of strict proportionality, the principle of consistency with other international legal obligations, the principle of non-discrimination and the principle of international notification of derogations

Publication infos:
Genève, [s.n.], 1996
Publication year:
Number of pages:
XVII, 1121 p.
PhD Director(s):
Directeur de thèse: Professeur Georges Abi-Saab
Call number:

 Record created 2011-06-03, last modified 2019-09-30

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