Introduction

The Paris Minimum Standards: eight years of study by theILA

The structure of the present study

1 Section A Emergency: Declaration, Duration and Control

Public emergency and allied concepts: a generic term

Public emergency envisaged in three different situations

Public emergency resulting from political crises

ILA's definition of public emergency: four basic elements

Existence of emergency: European precedents

Three general principles to prevent abuse of emergen powers

The threshold issue: the legitimacy of a government competent to declare and maintain emergency

Paris Minimum Standards: the declaration, duration and termination of emergency

Aberrations from reference model

The role of the legislature in an emergency regime

Termination of emergency

The scope of judicial review

2 Section B Emergency Powers and the Protection of the Individual

General Principles

A: The power to take derogatory measures: five conditions precedent

The notification of derogation

The rule of proportionality

Consistency with other international law obligations

The principle of non-discrimination

Non-derogable rights and freedoms

B: The role of the legislature: six norms in the Paris Minimum Standards

C: The importance of an independent judiciary in time of emergency

Undermining its independence: four ways

The role of the judiciary and the independence of the legal profession: the Paris Miminum Standards

3 Section C Non-Derogable Rights and Freedoms: Draft Articles 1—16

The principle of emergency-proof non-derogable rights

Paris Minimum Standards: the ILA's dynamic mosaic of sixteen non-derogable rights

Appendices

Index