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The right to a fair trial is the most litigated human right in the world. Understanding the right requires reference not only to its interpretation by courts, treaty bodies, rapporteurs, experts, and scholars, but also to the preparatory work of the treaty (travaux préparatoires) and the circumstances of its conclusion. This volume brings together for the first time the complete travaux to Article 14 of the International Covenant on Civil and Political Rights, with reference to the discussion regarding other articles where relevant. It traces the evolution of the text over more than a decade of the drafting process through a number of United Nations bodies. The materials reveal a lengthy and complex process of drafting the Covenant, the intentions of the delegates regarding the interpretation of certain provisions, and those issues that they left open for states parties to decide through their practice. This is a companion volume to The Right to a Fair Trial in International Law (OUP 2020).
This volume investigates the original intent and drafting history of Article 14 of the International Covenant on Civil and Political Rights to clarify the foundational meaning of the right to a fair trial. Authors Amal Clooney and Philippa Webb provide a comprehensive legal analysis by compiling the travaux préparatoires, which document the decade-long negotiation process within United Nations bodies. By examining these primary source materials, the authors establish a framework for understanding how specific provisions were debated, negotiated, and ultimately codified by state delegates.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a definitive reference for understanding the legislative history of international human rights law. Experts highlight the text as a necessary companion for those conducting rigorous academic or judicial research into the origins of fair trial standards.
Page Count:
368
Publication Date:
2022-01-14
Publisher:
Oxford University Press
ISBN-10:
0192897926
ISBN-13:
9780192897923
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