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Vol 22 No 7 July/August 2017

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The United Nations Convention Against Torture: A Commentary


ISBN13: 9780199280001
Published: March 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £177.50



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The prohibition of torture - the right to physical and mental integrity - is guaranteed in the strongest terms under international law. It is protected as an absolute right, non-derogable even in times of war or public emergency under many human rights treaties and is also generally accepted as a part of customary international law and even ius cogens.

The problem of torture resurfaced in the second half of the 20th century, and more recently in the contexts of the war in Iraq, the situation of detainees in Guantanamo Bay, and of attempts to extradite persons considered to be 'threats to national security' to States where they may be at risk of torture.

The main instrument to combat torture within the framework of the United Nations is the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). It is one of the few human rights treaties which makes explicit use of the criminal law in order to prevent and eradicate violations - the main obligation of Sates parties to the CAT is to ensure that all acts of torture are offences under domestic criminal law and that punishments are appropriate to the grave nature of such crimes. The CAT even goes beyond the traditional principles of territorial and personal jurisdiction and for the first time applies the principle of universal jurisdiction under a human rights treaty.

This volume explores the problematic definition of torture in the Convention, the substantive obligations of States parties, the principle of 'non-refoulement', provisions for international monitoring, and also the concept of preventative visits to all places of detention as contained in the Optional Protocol to the CAT. It also covers issues including the distinction between torture and cruel inhuman or degrading treatment and the principle of non-admissibility of evidence extracted under torture. Full article by article commentary on the Convention also provides historical context and thorough analysis of case-law and practice from international and regional courts and monitoring bodies. Relevant case-law from domestic courts (such as that of the House of Lords in the Pinochet case) and the practices of domestic prison inspection panels are also discussed.

Series: Oxford Commentaries on International Law

The United Nations Principles to Combat Impunity: A Commentary ISBN 9780198743606
To be published February 2018
Oxford University Press
£95.00
The UN Declaration on the Rights of Indigenous Peoples: A Commentary ISBN 9780199673223
To be published February 2018
Oxford University Press
£95.00
Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement 2nd ed ISBN 9780198707219
To be published February 2018
Oxford University Press
£125.00
The European Convention on Human Rights: A Commentary ISBN 9780198813620
Published July 2017
Oxford University Press
£49.99
The International Criminal Court: A Commentary on the Rome Statute 2nd ed ISBN 9780198739777
Published September 2016
Oxford University Press
£225.00
The Arms Trade Treaty: A Commentary ISBN 9780198723523
Published June 2016
Oxford University Press
£125.00
£70.00
£58.33 + £11.67 VAT
(ePub)
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Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations 4th ed ISBN 9780198703969
Published January 2016
Oxford University Press
£145.00
The 1949 Geneva Conventions: A Commentary ISBN 9780199675449
Published October 2015
Oxford University Press
£250.00
The 1949 Geneva Conventions: A Commentary (eBook) ISBN 9780191003530
Published October 2015
Oxford University Press
£208.33 + £41.67 VAT
(ePub)
Buy
The European Convention on Human Rights: A Commentary (eBook) ISBN 9780191066771
Published September 2015
Oxford University Press
£162.50 + £32.50 VAT
(ePub)
Buy
The European Convention on Human Rights: A Commentary ISBN 9780199594061
Published September 2015
Oxford University Press
£195.00
The Rio Declaration on Environment and Development: A Commentary ISBN 9780199686773
Published February 2015
Oxford University Press
£120.00
The Rio Declaration on Environment and Development: A Commentary (eBook) ISBN 9780191510427
Published February 2015
Oxford University Press
£100.00 + £20.00 VAT
(ePub)
Buy
The Chemical Weapons Convention: A Commentary (eBook) ISBN 9780191650369
Published August 2014
Oxford University Press
£120.83 + £24.17 VAT
(ePub)
Buy
The Chemical Weapons Convention: A Commentary ISBN 9780199669110
Published August 2014
Oxford University Press
£145.00
£83.33 + £16.67 VAT
(ePub)
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The UNCITRAL Arbitration Rules: A Commentary 2nd ed (eBook) ISBN 9780191665325
Published March 2013
Oxford University Press
£162.50 + £32.50 VAT
(ePub)
Buy
The UNCITRAL Arbitration Rules: A Commentary 2nd ed ISBN 9780199696307
Published March 2013
Oxford University Press
£195.00
Commentaries on Selected Model Investment Treaties
Edited by: Chester Brown
ISBN 9780199645190
Published January 2013
Oxford University Press
£200.00
Commentaries on Selected Model Investment Treaties (eBook)
Edited by: Chester Brown
ISBN 9780191651977
Published January 2013
Oxford University Press
£158.33 + £31.67 VAT
(ePub)
Buy
The Charter of the United Nations: A Commentary 3rd ed (eBook) ISBN 9780191653872
Published November 2012
Oxford University Press
£329.17 + £65.83 VAT
(ePub)
Buy
The Charter of the United Nations: A Commentary 3rd ed ISBN 9780199580156
Published November 2012
Oxford University Press
£415.00
£32.49 + £6.50 VAT
(ePub)
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The Vienna Conventions on the Law of Treaties: A Commentary ISBN 9780199546640
Published April 2011
Oxford University Press
£462.50
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary ISBN 9780199542512
Published January 2011
Oxford University Press
£305.00
Convention on Cluster Munitions: A Commentary ISBN 9780199599004
Published October 2010
Oxford University Press
£157.50
The Law of International Responsibility ISBN 9780199296972
Published May 2010
Oxford University Press
£285.00
The UN Genocide Convention: A Commentary
Edited by: Paola Gaeta
ISBN 9780199570218
Published October 2009
Oxford University Press
£95.00
The 1972 World Heritage Convention: A Commentary ISBN 9780199291694
Published March 2008
Oxford University Press
£105.00
£44.49