Towards the Establishment of a World Court of Human Rights

The book discusses the establishment of an envisaged 'World Court of Human Rights' (WCHR) and addresses the question its complementary jurisdiction. It is divided into five chapters, four of which are substantive while the last also offers the general conclusions of the study. This book firstly describes the previous initiatives towards the establishment of an international / universal /world court of human rights both in and outside the United Nations. Although these attempts have proved unsuccessful, the pursuit of the idea of an international human rights courts has never ceased. This book is devoted to an analysis of the WCHR's jurisdiction as elaborated in the statutes of Prof. Manfred Nowak / Dr. Julia Kozma, Prof. Martin Scheinin and the consolidated draft for a WCHR. The analysis consists of the Court's jurisdiction respectively over States and non-States 'entities' (the United Nations as an example). It also includes the legal issues to be resolved in this regard. This book finally addresses the critique of and opposition to the proposed WCHR. The author rebuts these objections at large and points out the added value a WCHR might yield - at least in the author's eyes.

Autorentext

Li TIAN graduated from South-Central University for Nationalities (LL.B and M.A), China University of Political Science and Law (LL.M) and University of Vienna (Dr. iur.). He is the project consultant of Chinese Initiative on International Law and the Translator of International Committee of the Red Cross (Regional Delegation for East Asia).

Klappentext

The book discusses the establishment of an envisaged 'World Court of Human Rights' (WCHR) and addresses the question its complementary jurisdiction. It is divided into five chapters, four of which are substantive while the last also offers the general conclusions of the study. This book firstly describes the previous initiatives towards the establishment of an international / universal /world court of human rights both in and outside the United Nations. Although these attempts have proved unsuccessful, the pursuit of the idea of an international human rights courts has never ceased. This book is devoted to an analysis of the WCHR's jurisdiction as elaborated in the statutes of Prof. Manfred Nowak / Dr. Julia Kozma, Prof. Martin Scheinin and the consolidated draft for a WCHR. The analysis consists of the Court's jurisdiction respectively over States and non-States 'entities' (the United Nations as an example). It also includes the legal issues to be resolved in this regard. This book finally addresses the critique of and opposition to the proposed WCHR. The author rebuts these objections at large and points out the added value a WCHR might yield - at least in the author's eyes.