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Fausto Pocar

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Fausto Pocar

This timely literature review analyses the most influential legal scholarship on the enforcement of human rights at institutional level, both regional and international. It includes discussion of charter-based and reporting monitoring procedures as well as the role of high commissioners and treaty bodies. The review later focuses on the movement towards establishing quasi-judicial procedures, the judicial enforcement of human rights and interim measures, concluding with a thoughtful consideration of the potential for universal judicial enforcement – a world court of human rights. This insightful study will be an essential research resource for those studying, working or teaching in this important field.
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Fausto Pocar

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Ben Wagner, Matthias C. Kettemann and Kilian Vieth

In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. As ever more human beings, organizational systems and technical devices transition online, realizing human rights in online settings is becoming ever more pressing. When looking at basic human rights such as freedom of expression, privacy, free assembly or the right to a fair trial, all of these are heavily impacted by new information and communications technologies. While there have been many long-standing debates about the management of key Internet resources and the legitimacy of rules applicable to the Internet – from legal norms to soft law, from standards to code – it is only more recently that these debates have been explicitly framed in terms of human rights. The scholarly field that has grown in response to these debates is highly interdisciplinary and draws from law, political science, international relations, geography and even computer science and science and technology studies (STS). In order to do justice to the interdisciplinary nature of the field, this Research Handbook on Human Rights and Digital Technology: Global Politics, Law and International Relations unites carefully selected and reviewed contributions from scholars and practitioners, representing key research and practice fields relevant for understanding human rights challenges in times of digital technology.

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Research Handbook on Human Rights and Digital Technology

Global Politics, Law and International Relations

Edited by Ben Wagner, Matthias C. Kettemann and Kilian Vieth

In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights. It examines the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, its contributions draw on law, political science, international relations and even computer science and science and technology studies.
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Penelope Mathew and Tristan Harley

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Penelope Mathew and Tristan Harley

This chapter looks at the Common European Asylum System (CEAS). It examines the Dublin system of allocating responsibility for unauthorised asylum seekers to the European Union country in which they first arrive; the harmonisation of the definition of a refugee and beneficiaries of protection for those in refugee-like situations (subsidiary protection), the procedures for determining refugee status and the reception conditions for asylum seekers (eg rights with respect to accommodation); efforts to share responsibility for refugees within the EU, such as the efforts to relocate asylum seekers; and the ‘external dimension’, including efforts to resettle refugees from third countries, and regional protection programmes that seek to improve protection in countries within the region of the refugee flow. The chapter documents the different forms of regionalism evident in the tension between individual EU member states’ desire to deter refugees and practices and proposals for reform that focus on sharing responsibility.
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Penelope Mathew and Tristan Harley

One of the first major multilateral arrangements to address refugee situations within a regional context was the 1989 Comprehensive Plan of Action for Indochinese Refugees (CPA). This arrangement built on a 1979 arrangement conceived following the end of the war in Vietnam to address the mass displacement of people in the region. Under the CPA, countries of first asylum in the region, such as Indonesia, the Philippines, Malaysia, Thailand and Hong Kong, agreed to give temporary protection to Vietnamese and Laotians arriving in their territory so long as states from outside the region committed to resettle large numbers of these refugees. This chapter examines the successes and limitations of this arrangement, and explores the conception of regionalism reflected in this arrangement which sought to shift responsibility for refugees from the region to the developed world.
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Penelope Mathew and Tristan Harley