CEU Electronic Theses and Dissertations, 2011
| Author | Alnaouq, Motaz A. |
|---|---|
| Title | DEROGATION, EMERGENCY AND THE RULE OF LAW: SCOPE AND LIMITATIONS |
| Summary | In my paper I am examining if measures taken by these states are in line with their human rights obligations under international and treaty law. Because the mere suspicion is not in itself a sufficient ground for torture or other forms of ill-treatment of those accused of being terrorists, the right of states to derogate from their human rights obligations is not a blank cheque for abuse or torture. Hence, the majority of these countries have not properly used their derogation or emergency powers under both international and treaty law. For the purposes of this dissertation I will explain what we mean by derogation or emergency in national and international law I will also delve into examining different definitions of terrorism and finding a proper one that can lay the ground for the establishment of unified definition of the term. Lastly, with providing practical examples of the measures taken by States to combat terrorism and assess how national and international bodies have reacted to it. I will illustrate that not by breaching human rights and international law States can ensure their security and stability but only by sincere and comprehensive dialogue between nations we can both eliminate terrorism and support stability, peace and the rule of law. |
| Supervisor | Mink, Júlia |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/alnaouq_motaz.pdf |
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