20 février 2017

OUVRAGE : B.R. Farrell, Habeas Corpus in International Law


Habeas Corpus in International Law is the first comprehensive examination of this subject. It looks at the location, scope, and significance of the right to a judicial determination of the legality of one's detention as guaranteed by international and regional human rights instruments. First, it examines the history of habeas corpus and its place in human rights treaties, providing a useful resource for understanding the status and application of this internationally-protected right. The book continues by identifying and analyzing the primary challenges to habeas corpus, in particular its applicability during armed conflict, the possibility of derogation, and its extraterritorial application and procedural shortcomings. The book next addresses the significance of habeas corpus guarantees not just in protecting personal liberty, but in promoting the international rule of law by serving as a unique check on executive action. Finally, it offers suggestions on how this right might be strengthened.


Foreword page
Table of Cases
Defining Habeas Corpus

1. The Development of Habeas Corpus in Domestic Law

1.1. Origins of Habeas Corpus in English Law
1.2. A Right of Universal Importance
2. The Universal Declaration of Human Rights
2.1. The Post-war Development of International Law
2.2. Drafting the Universal Declaration
2.3. The Broad Guarantee of Habeas Corpus
3. The International Covenant on Civil and Political Rights
3.1. The Travaux Préparatoire of Article 9(4)
3.2. Interpreting Article 9(4)
4. Habeas Corpus and Regional Human Rights Systems
4.1. European Human Rights System
4.2. Inter-American Human Rights System
5. Challenges to the Effectiveness of Habeas Corpus
5.1. Detention Review during Armed Conflict
Armed Conflict
5.2. Derogation from Human Rights Obligations
5.3. Territorial Limits of Habeas Corpus Guarantees
5.4. Procedural Concerns
6. The Importance of Effective International Habeas Corpus Guarantees
6.1. The Role of Habeas Corpus in Protection of the Individual Detainee
6.2. Habeas Corpus and the Rule of Law

7. Strengthening Habeas Corpus in International Law

7.1 The Location for Advancement
7.2 Fundamental Considerations: An Adaptable Remedy Available to Every Person
7.3 Asserting the Proper Scope and Application of Habeas Corpus

Brian R. FARRELL, Habeas Corpus in International Law, Cambridge, Cambridge University Press, 2016 (280 pp.)

Brian R. Farrell is a Lecturer in Law and Human Rights and Associate Director of the Center for Human Rights at the University of Iowa College of Law. He is the author of over twenty publications on international law, human rights, criminal law, and legal education.

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