Human Rights Committee Its Role in the Development of the International Covenant on Civil and Political Rights

Name: Human Rights Committee Its Role in the Development of the International Covenant on Civil and Political Rights
Price: 47.3 USD
Availability: InStock
ISBN: 9780198258940

ISBN-10: 0198258941

ISBN-13: 9780198258940

Edition: 1994 (Reprint)

Authors: Dominic McGoldrick

List price: $68.00

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The Human Rights Committee is charged with the task of monitoring the implementation of the International Covenant on Civil and Political Rights. Since its inception it has arguably become the most important independent international human rights body in the world. Through the consideration of State Reports, from over half of the world community, and the examination of communications submitted by individuals (under the Optional Protocol to the Covenant), the Human Rights Committee seeks to establish a universal human rights jurisprudence. This book analyses the institutional characteristics of the Human Rights Committee, how it has developed its practices and procedures under the Covenant…

Book details

List price: $68.00
Copyright year: 1994
Publisher: Oxford University Press, Incorporated
Publication date: 6/23/1994
Binding: Paperback
Pages: 640
Size: 6.14" wide x 9.21" long x 1.50" tall
Weight: 2.420
Language: English



Table of Cases


Table of Agreements, Charters, Committees, Conventions, Declarations, Resolutions, Treaties


Table of Statutes


Table of Abbreviations


Annual Reports on the Human Rights Committee


States Parties to the International Covenant on Civil and Political Rights


Introduction to Paperback Edition


Introduction



The Origins, Drafting, and Significance of the International Covenant on Civil and Political Rights



Origins



Drafting



One Covenant or Two



Progressive or Immediate Obligations



International Measures of Implementation



Self-Determination



The Territorial (Colonial) Clause, the Federal Clause, Reservations



The Positions of the Superpowers



An Outline of the ICCPR



The Significance of the ICCPR in International Law



The Human Rights Committee


Introduction



Membership



Election



Organization of Work



Functions



Relations with the Secretariat



The Status of the Human Rights Committee



The Nature of the Human Rights Committee



The System of Periodic Reporting


Introduction



The National Reports



The initial reports



Supplementary (or Additional) reports



Periodic reports



The periodicity of reports



The Submission of Reports



Sources of Information



The Process of Consideration: Initial and Supplementary Reports



The first round



The second round



The Process of Consideration: Periodic Reports



Second periodic reports



Third periodic reports



The Committee's Jurisdiction under Article 40



The Role of the ECOSOC



The Annual Report of the HRC to the General Assembly



Appraisal



The Optional Protocol to the ICCPR


Introduction



The Origins, Drafting, and Significance of the Optional Protocol to the ICCPR



The Structure and Terms of the OP to the ICCPR



Status of the OP; Status of Communications under the OP



The Procedural Functioning of the OP



The receipt and transmission of communications



General provisions regarding the consideration of communications



Access to the HRC



Legal representation and legal aid



The determination of admissibility: procedures



The consideration of communications on the merits: procedures



Evidence



Final views under the OP



The Interpretation and Application of the OP



The function of the HRC under the OP



The interpretation of the ICCPR and the OP



Incompatibility with the provisions of the Covenant



The same matter is not being examined under another procedure of the international investigation or settlement



The individual has exhausted all available domestic remedies



Abuse of the right of submission



Anonymous communications



The Optional Protocol: Significance, Appraisal, and Prospects



The status of the individual



The HRC under the OP



The effectiveness of the OP for individuals



Article 1


Introduction



Article 1 under the Reporting Process


Article 1(1)


Article 1(2)


Article 1(3)



Article 1 under the Optional Protocol


Appraisal



Article 2


Introduction



Article 2 under the Reporting Process


Article 2(1)


Article 2(2)


Article 2(3)



Article 2 under the Optional Protocol


Article 2(1)


Article 2(2)


Article 2(3)


Appraisal



Article 4


Introduction



Article 4 under the Reporting Process


Article 4(1)


Article 4(2)


Article 4(3)


The United Kingdom and Article 4



Article 4 under the Optional Protocol


Appraisal



Article 6


Introduction



Article 6 under the Reporting Process



Article 6 under the Optional Protocol


Appraisal



Article 7


Introduction



Article 7 under the Reporting Process



Articles 7 and 10 under the Optional Protocol


Appraisal



Article 14


Introduction



Article 14 under the Reporting Process


Article 14(1)


Article 14(2)


Article 14(3)


Article 14(4)


Article 14(5)


Article 14(6)


Article 14(7)



Article 14 under the Optional Protocol


Introduction


The scope of article 14


Fair hearing: competent, independent, and impartial tribunal


Equality before courts and tribunals


Public hearing and public judgment


Article 14(2)


Article 14(3)(a)


Article 14(3)(b)


Article 14(3)(c)


Article 14(3)(d)


Article 14(3)(e)


Article 14(3)(f)


Article 14(3)(g)


Article 14(4)


Article 14(5)


Article 14(6)


Article 14(7)


Appraisal



Article 19


Introduction



Article 19 under the Reporting Process


Article 19(1)


Article 19(2), (3)



Article 19 under the Optional Protocol


Appraisal



Article 20


Introduction



Article 20 under the Reporting Process


Article 20(1)


Article 20(2)


The General Comment on Article 20



Article 20 under the Optional Protocol


Appraisal



Appraisal and Prospectus


Appendices



The International Covenant on Civil and Political Rights



The Optional Protocol to the International Covenant on Civil and Political Rights



Model Communication under the Optional Protocol



The Second Optional Protocol to the International Covenant on Civil and Political Rights


Bibliography


Index