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Eva Rieter Karin Zwaan Editors

Urgency and Human Rights

Eva Rieter Karin Zwaan •

Editors

Urgency and Human Rights The Protective Potential and Legitimacy of Interim Measures

123

Editors Eva Rieter Centre for State and Law Radboud University Nijmegen, The Netherlands

Karin Zwaan Centre for State and Law Radboud University Nijmegen, The Netherlands

ISBN 978-94-6265-414-3 ISBN 978-94-6265-415-0 https://doi.org/10.1007/978-94-6265-415-0

(eBook)

Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg © T.M.C. ASSER PRESS and the authors 2021 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. This T.M.C. ASSER PRESS imprint is published by the registered company Springer-Verlag GmbH, DE part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany

This book is dedicated to Prof. Theo C. van Boven whose incessant commitment to addressing urgent human rights cases continues to inspire.

Preface

This book aims to contribute to the ongoing discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. Preventing irreparable harm in urgent situations requires a multifaceted approach by litigants, adjudicators and other official authorities at the international level. The book discusses urgency and human rights from the vantage point of various practitioners and scholars in international and regional adjudicatory systems. It does so with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. As the editors, we joined forces, first to organise an expert seminar on Urgency and Human Rights (29–30 May 2015), together with Rosa Möhrlein, and now to publish this book. Clara Burbano, Yves Haeck and Andrea Saccucci supported the venture. Several of the contributors to this book also took part in that seminar, with its call for papers. We thank Radboud University International Office, the Centre for State and Law of Radboud University and Ghent University Human Rights Centre for the funds provided, which enabled us to organise this seminar. We very much appreciate the patience of the contributing authors throughout this project. They submitted (the new versions of) their chapters between Summer 2019 and the first half