Emerging Areas of Human Rights in the 21st Century: The Role of the Universal Declaration of Human Rights

190 Pages·2011·1.01 MB·English

by  Marco Odello and Sofia Cavandoli (eds)

Emerging Areas of Human Rights
in the 21st Century
This book includes a set of studies and reflections that have emerged since the
adoptionoftheUniversalDeclarationofHumanRightsin1948.Encompassinga
number of rights, such as the right to environmental protection, the right to
humanitarian aid and the right to democratic governance, this collection focuses
on issues and areas that were not originally mentioned or foreseen in the
Declaration but that have since developed into salient topics.
These developing rights are considered in the light of contemporary national
and international law, as well as against the wider picture and the contexts in
which human rights may have effect. Moreover, thetopics covered take ina wide
range of research fields, including law, politics and criminology.
Emerging Areas of Human Rights in the 21st Century is aimed primarily at under-
graduate and postgraduate students, and scholars interested in international law,
human rights and politics.
Marco Odello is a Lecturer in law at Aberystwyth University, UK.
Sofia Cavandoli is a Lecturer in law at Aberystwyth University, UK.
Routledge Research in Human Rights Law
Available titles in this series include:
GlobalHealthandHuman Rights
LegalandPhilosophical Perspectives
JohnHarringtonandMariaStuttaford
TheRighttoDevelopmentinInternational Law
TheCaseofPakistan
Khurshid Iqbal
TheRighttoReligiousFreedom inInternationalLaw
Between grouprightsandindividual rights
AnatScolnicov
Forthcoming titles in this series include:
Children andInternationalHuman RightsLaw
TheRightoftheChildtobeHeard
AislingParkes
TheEuropean ConventiononHuman Rightsanditsnew
Contracting Parties
Democratictransitionand consolidationintheEuropeanJurisprudence
James A.Sweeney
EnsuringandEnforcing Economic, Socialand CulturalRights
TheJurisprudence oftheUNCommittee onEconomic, SocialandCulturalRights
MarcoOdelloandFrancesco Seatzu
HumanRightsMonitoring Mechanisms oftheCouncil ofEurope
Gauthier deBeco
TheHumanRighttoWater
ItsApplication intheOccupied Palestinian Territories
AmandaCahill
International HumanRightsLawandDomestic Violence
Theeffectivenessof internationalhuman rightslaw
Ronagh McQuigg
TheEUasa‘GlobalPlayer’ inHumanRights
JanWetzel
HumanRightsin theAsia-PacificRegion
TowardsInstitutionBuilding
HitoshiandBenSaul(eds.)
CorporateHumanRightsViolations
OvercomingRegulatoryHurdles
SuryaDeva
Jurisdiction, Immunityand TransnationalHumanRights Litigation
Xiaodong Yang
Vindicating Socio-Economic Rights
InternationalStandards andComparative Experiences
PaulO’Connell

Emerging Areas of Human
Rights in the 21st Century
The Role of the Universal Declaration
of Human Rights
Edited by
fi
Marco Odello and So a Cavandoli
Firstpublished2011
byRoutledge
2ParkSquare,MiltonPark,Abingdon,Oxon,OX144RN
SimultaneouslypublishedintheUSAandCanada
byRoutledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
This edition published in the Taylor & Francis e-Library, 2011.
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©2011MarcoOdelloandSofiaCavandoli.Thecontributors,theirchapters.
The right of the editors to be identi fied as the authors of the editorial material,
andoftheauthorsfortheirindividualchapters,hasbeenassertedinaccordance
withsections77and78oftheCopyright,DesignsandPatentsAct1988.
Allrightsreserved.Nopartofthisbookmaybereprintedorreproducedor
utilisedinanyformorbyanyelectronic,mechanical,orothermeans,now
known or hereafter invented, including photocopying and recording, or in any
informationstorageorretrievalsystem,withoutpermissioninwritingfromthe
publishers.
BritishLibraryCataloguinginPublicationData
AcataloguerecordforthisbookisavailablefromtheBritishLibrary
LibraryofCongressCataloginginPublicationData
Emergingareasofhumanrightsinthe21stcentury:theroleoftheuniversal
declarationofhumanrights/editedbyMarcoOdelloandSofiaCavandoli.
p.cm.
1. Humanrights.2. UnitedNations.GeneralAssembly.Universal
DeclarationofHumanRights. I.Odello,Marco.II.Cavandoli,Sofia.
K3240.E442011
341.40 8–dc22
2010031807
ISBN 0-203-83172-1 Master e-book ISBN
ISBN 13: 978-0-415-56209-6 (hbk)
ISBN13:978-0-203-83172-4(ebook)
Contents
List of contributors viii
Introduction 1
MARCOODELLOANDSOFIACAVANDOLI
1 ‘Virtual world, real rights?’: Human rights
and the internet 7
DIANEROWLAND
2 The dilemma of intervention: Human rights
and the UN Security Council 24
EMMAMCCLEAN
3 The contribution of the Universal Declaration
of Human Rights to the promotion and protection
of democracy in international law 45
RICHARDBURCHILLANDSOFIACAVANDOLI
4 Human rights dimensions of contemporary
environmental protection 66
ENGOBOEMESEH
5 Offenders, deviants or patients? Human rights
and the incarcerated offender 87
GARETHNORRIS
6 Indigenous rights in the constitutional state 106
MARCOODELLO
7 An international convention on the rights
of older people? 128
JOHNWILLIAMS
8 Humanitarian aid, human rights and corruption 149
SUSANBREAUANDINDIRACARR
Index 176
Contributors
Professor Susan Breau is Professor of International Law at Flinders Law
School, Adelaide,Australia. Her research interests are the law of armed conflict
and international human rights law. Her latest book co-authored with Kerim
Yildiz, Director of the Kurdish Human Rights Project in London is entitled
The Kurdish Conflict: International Humanitarian Law and Post-conflict Mechanisms
(Routledge, 2010). She is also currently the legal advisor to the Recording the
Civilian Casualties of Armed Conflict project of the Oxford Research Group
in London.
Dr Richard Burchill is the Director of the McCoubrey Centre for International
Law and Senior Lecturer at the Law School, University of Hull, UK. He is
alsoavisitingprofessorattheGeorgeC.MarshallEuropeanCentreforSecurity
Studies teaching on the programme of Terrorism and Security Studies. His
research and teaching interests focus on issues of democracy and the protection
of human rights in the context of global governance. His current research is
concentrating on the role of international organisations in the promotion
and protection of democracy. His publications have appeared in a number of
countries including the UK, the US, Canada, New Zealand and Singapore. He
istheco-author withA.Conte ofDefiningCivil andPoliticalRights: TheJurisprudence
oftheUnitedNationsHumanRightsCommittee,2ndedn(AshgatePublishing,2009)as
well as the editor ofDemocracy and International Law: Library of Essays in International
Law (Ashgate Publishing, 2006).
Professor Indira Carr is Professor of Law at Surrey University. Her research
interests include various aspects of international trade law and information
technology law. She has been working on international corruption for a
number of years and her research has been funded by prestigious funding
bodies such as the Arts & Humanities Research Council (AHRC) and the
British Academy. She is a member of various research panels such as the
AHRC and committees such as the Society of Legal Scholars and Transpar-
ency International, UK. She is also the Founder Editor of the journal Infor-
mation and Communications Technology Law and Joint Founder Editor (with
Brian Carr) of the journal Asian Philosophy, both published by Taylor &
Francis.
Contributors ix
Sofia Cavandoli is a Lecturer in law at Aberystwyth University. Sofia is a
graduate fromthe University ofEastAngliaand holds anLLM inInternational
Law from the University of Hull. Her research interests include various aspects
of public international law, international law of human rights and international
environmental Law.
Dr Engobo Emeseh is a Lecturer in law at Aberystwyth University. Her broad
area of research is environmental law and policy. Her particular areas of interest
includeenvironmentalregulationandenforcement,corporatesocialresponsibility,
environmental governance, and the interface between environmental law and
other subject areas such as criminal law, human rights law and international
investment law.
Dr Emma McClean is a Lecturer in law at the University of Westminster,
London. She is currently working on a monograph on Human Security and
InternationalLawandhaspublishedintheareasofhumanrightsandtheUnited
Nations.
Dr Gareth Norris is a Lecturer in criminology at Aberystwyth University. He
has a background in psychology and completed the MSc in investigative
psychologyattheUniversityofLiverpoolin2000.HisPhDfocusedontheconcept
of the authoritarian personality, and he completed his doctoral thesis at Bond
University, Queensland, Australia in 2005. His current research interests
include the use of animation during investigations and in court, fear of crime
and offender profiling. He has also managed a project in conjunction with the
Prison Service in the North West, looking at the barriers to resettlement for
ex-offenders, particularly, women, young offenders and those with mental
health issues.
Dr Marco Odello is a Lecturer in law at Aberystwyth University. He is a
member of the International Institute of Humanitarian Law. He has published
articles and contributions in the areas of international law, human rights,
humanitarian law and international organisations. Co-author of La Convenzione
Internazionale sui Diritti del Minore e l’Ordinamento Italiano (ESI, 1994); Mazzarelli
and Odello (eds), L’insegnamento dei Diritti Umani (EDIUN, 1999); co-author of
Problemas actuales del derecho público en Mexico (Porrua, 2004).
Professor Diane Rowland is Professor of law at Aberystwyth University.
She has published widely in various aspects of IT law and the fourth edition
of her book Information Technology Law (co-authors Uta Kohl and Andrew
Charlesworth) will be published by Routledge in 2011. SheisapastChairand
Vice-Chair of the national executive of the British and Irish Law, Education
andTechnologyAssociation(BILETA)andisalsoamemberoftheeditorialboard
of the Journal of Information Law and Technology (JILT), the International
Review of Law, Computers and Technology, the Masaryk University Journal
of Law and Technology and the IT law editor of the Web Journal of Current
Legal Issues.