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This chapter covers the regime for the enjoyment and exercise of rights and freedoms under international human rights law. It explores restrictions, derogations, and the loss of rights and freedoms, as well as the principles governing these aspects. The chapter examines the legal and procedural frameworks for regulating the exercise of rights, the conditions under which restrictions and derogations are permissible, and the safeguards to prevent abuse. It also discusses the role of international bodies in monitoring compliance with human rights standards and the challenges in balancing individual rights with public interests. The chapter highlights the importance of ensuring that any limitations on rights are lawful, necessary, and proportionate.
This chapter discusses the judicial review of international decisions using the model of the Inter-American Court of Human Rights. It examines the jurisdiction, implementation, and monitoring of the Court’s judgments, highlighting its role in ensuring compliance with human rights standards. The chapter explores the procedures for reviewing and enforcing the Court’s decisions, the challenges in achieving compliance, and the impact of the Court’s jurisprudence on the development of international human rights law. It also highlights the importance of judicial review in promoting accountability and strengthening the protection of human rights.
The chapter analyses existing regional cybersecurity treaties to highlight the differences in these treaties that reflect the divide between the state-oriented and market-oriented models of internet governance, and to find possible areas of convergence that may pave the way towards global co-operation. It also discusses the role and limitations of the private sector, including IT industries, technical experts, and civil societies, in cybersecurity governance. Realistic scenarios of future global cybersecurity governance would envision expanding and strengthening regional co-operation and co-operation between like-minded states. However, reaching a consensus on particular cybersecurity issues will not automatically result in effective cybersecurity governance. Fundamental differences in the levels of cyber-preparedness and the ability of states to combat cybercrimes will create a living space for cybercriminals and other malign actors to engage in illegal activities. Continuous efforts to support states with less cybercapacity, including through strengthening education, technical skills, and material resources should accompany any attempts to create cybersecurity governance norms.
This chapter explores the impact of devolution upon particular aspects of the UK’s constitutional arrangements. First, devolution required a major departure for the courts from their historic reluctance to review legislation. Devolution obliges the courts to become involved in politically contentious debates and, where necessary, to strike down legislation enacted by the devolved legislatures if it exceeds their competences under the devolution arrangements. As the devolved administrations push for increased autonomy, this may even require the courts to rule upon the legitimacy of legislation seeking independence. The chapter thereafter considers the place of England within the Union following devolution to the other constituent parts of the UK. England remains the only non-devolved territory within the UK and, as such, continues to be governed from Westminster. This gives rise to a number of representational, legislative and administrative difficulties. This chapter outlines the consequences of England lacking any meaningful devolved structures of government, and the proposed responses to the difficulties associated with this most obvious of devolution’s asymmetries.
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