Human Rights in States of Emergency in International Law

In the last decades the gravest violations of fundamental human rights have occurred in states of emergency, where the emergency has been used as an excuse for breaching basic human rights. One of the most important problems in the international protection of these rights is identifying the standards governing them. "Human Rights in States of Emergency in International Law" analyzes the principles regulating this question in international law. Part 1 examines human rights in emergencies in the context of multilateral treaties and the legal regime of the derogation clause. Part 2 deals with the issue in the context of general international law. There is no doubt that even those States which are non-parties to human rights treaties have international obligations in this field from customary international law. It is however, essential to discover precisely how emergencies affect these obligations, and this book provides the first comprehensive study of human rights in emergencies in international law.Table of ContentPart 1 Human rights standards in states of emergency in the context of multilateral treaties - the legal regime of the derogation clause: the principle of exceptional threat - the existence of the emergency as envisaged in the three main multilateral treaties; the principles of proclamation of the state of emergency; the principle of notification; the principle of non-derogability of fundamental rights; the principle of proportionality; the principle of non-discrimination; the principle of consistency. Part 2 Human rights in states of emergency in general international law: customary international law and human rights - two preliminary questions; first line of inquiry - human rights in emergencies, the doctrine of state necessity; second line of inquiry - the emergence of some of the principles of the derogation clause as principles of general international law.