Human Rights and Humanitarian Law

Developments in Indian and International Law
South Asian Human Rights Documentation Centre (SAHRDC)
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Description
This unique volume is a wide-ranging, yet exhaustive examination of human rights and humanitarian law in India as well as their interconnections with international law. Designed as a basic text for LLM and MA students pursuing courses in human rights and related subjects, including criminology and legal administration, it has been developed using the UGC course outline. Thematically organized and lucid, this book provides extremely useful reference material for human rights law practitioners and judges, and also for police and other government officials undergoing training on human rights issues in relation to their work. The topics covered include:
•  The Indian constitutional framework relating to human rights 
•  India's obligations under international law   
•  The criminal justice system 
•  Environmental protection and development issues    
•  The debate about human rights and cultural rights    
•  Regional associations and human rights    
•  International humanitarian and refugee law
The methodology adopted in the book integrates the theoretical and practical aspects of learning. Every chapter includes cross-references and a list of recommended reading, case law wherever relevant, and web-based citations for easy research.
Apart from law professionals and post-graduate law students, this volume will be of interest to scholars and students of international relations and politics, gender studies, environmental law, and development studies, media personnel, and a variety of NGOs.
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Contents
1. The Jurisprudence of Human Rights
Introduction
Cultural Relativism and 'Asian Values'
Religion and Human Rights
Indian Perspectives
Natural Rights Approach
Utilitarian Approach
Positivist Approach
Liberal-Egalitarian Approach
Critique within Western Scholarship
Recommended Reading
2. Human Rights in the International Legal Framework
Introduction
Obligations in International Law
The Development of Human Rights as part of International Law
The United Nations System
Subjects of International Human Rights Obligations
State Sovereignty
International Institutions
Regional Courts and Mechanisms
International Tribunals
Recommended Reading
3. Regional Approaches to Human Rights Implementation
Introduction
European Regional Framework
Regional Framework of The Americas
Regional Framework in Africa
The Arab World
Asia-Pacific
Recommended Reading
4. International Humanitarian Law
Origin and Development of International Humanitarian Law
Principles of International Humanitarian Law
Protection under International Humanitarian Law
Implementation: International Mechanisms and National Perspectives- 
on International Humanitarian Law
Recommended Reading
5. International Refugee Law
Introduction
Determination of Refugee Status
International and Domestic Protections for Refugees
Solutions to the Refugee Problem
International Law and Internally Displaced Persons: UN Guiding Principles -
on Internal Displacement, 1998
National Case Study—Refugee Protection in India
Recommended Reading
6. Human Rights in the Indian Constitutional Framework
Introduction
Implementation of International Law
Civil and Political Rights
Economic, Social, and Cultural Rights
Constitutional Safeguards for the Socially Disadvantaged
Fundamental Duties
Conflicts between Rights and the Constitutionality of Special Laws
Constitutional Remedies
Exercise of Fundamental Rights during an Emergency
Recommended Reading
7. Human Rights and Criminal Justice System in India
Introduction to the Indian Criminal Justice System
Rights of the Accused Person
Rights of Victims and Witnesses
Violence against Women
Conflict of Rights and Other Issues
Recommended Reading
8. Economic, Social, and Cultural Rights
Historical Overview
Content and Monitoring of the ICESCR
Thematic Issues
Domestic Protection and Enforcement of ESCRs
Recommended Reading
9. Environmental Protection and Human Rights
Introduction
Basic Conceptions, Rights, and Principles
International Framework of Environment Protection
National Framework of Environment Protection
Select Concerns
Enforcement of Environmental Rights
Recommended Reading
Appendix 1—Comparative Study of Regional Mechanisms
Appendix 2—Essence of International Humanitarian Law
Appendix 3—Directions of the Supreme Court in Prakash Singh v. Union of India
Appendix 4—State Criminal Court System
Appendix 5—Guidelines laid down by the Supreme Court in D.K. Basu
v. State of West Bengal to be followed in Cases of Arrest and Detention
Glossary
Subject Index
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