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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 legal foundations of the right to a fair trial. The author compiles and analyzes the complete travaux préparatoires, providing a comprehensive record of the decade-long negotiation process within United Nations bodies. By examining the evolution of the text and the specific debates among delegates, the work establishes a primary source framework for interpreting fair trial standards in international law.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this volume as a foundational reference for understanding the legislative history of international human rights treaties. Readers frequently note the academic density of the prose, which serves as a critical companion to existing treatises on international fair trial standards.
Page Count:
354
Publication Date:
2021-01-01
Publisher:
OUP Oxford
ISBN-10:
0192652788
ISBN-13:
9780192652782
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