Paradigms Of International Human Rights Law

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Paradigms of International Human Rights Law

Author : Aaron Xavier Fellmeth
Publisher : Oxford University Press
ISBN 13 : 0190611286
Total Pages : 304 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Paradigms of International Human Rights Law by : Aaron Xavier Fellmeth

Download or read book Paradigms of International Human Rights Law written by Aaron Xavier Fellmeth and published by Oxford University Press. This book was released on 2016-06-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other.

Research Methods for International Human Rights Law

Author : Damian A. Gonzalez-Salzberg
Publisher : Routledge
ISBN 13 : 9780367727406
Total Pages : 280 pages
Book Rating : 4.7/5 (274 download)

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Book Synopsis Research Methods for International Human Rights Law by : Damian A. Gonzalez-Salzberg

Download or read book Research Methods for International Human Rights Law written by Damian A. Gonzalez-Salzberg and published by Routledge. This book was released on 2021-03-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

International Human Rights Law

Author : Riccardo Pisillo Mazzeschi
Publisher : Springer Nature
ISBN 13 : 303077032X
Total Pages : 557 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis International Human Rights Law by : Riccardo Pisillo Mazzeschi

Download or read book International Human Rights Law written by Riccardo Pisillo Mazzeschi and published by Springer Nature. This book was released on 2021-09-29 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI).

Irrational Human Rights? An Examination of International Human Rights Treaties

Author : Naiade el-Khoury
Publisher : BRILL
ISBN 13 : 9004439765
Total Pages : 290 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Irrational Human Rights? An Examination of International Human Rights Treaties by : Naiade el-Khoury

Download or read book Irrational Human Rights? An Examination of International Human Rights Treaties written by Naiade el-Khoury and published by BRILL. This book was released on 2020-12-15 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms.

International Humanitarian Law and International Human Rights Law

Author : Orna Ben-Naftali
Publisher : Oxford University Press
ISBN 13 : 0191001600
Total Pages : 425 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis International Humanitarian Law and International Human Rights Law by : Orna Ben-Naftali

Download or read book International Humanitarian Law and International Human Rights Law written by Orna Ben-Naftali and published by Oxford University Press. This book was released on 2011-01-13 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the complex relationship between international human rights and humanitarian law, this volume explores the potential for fusing the two regimes into a new legal paradigm.

The Realisation of Human Rights

Author : Yves Haeck
Publisher :
ISBN 13 : 9781780682167
Total Pages : 0 pages
Book Rating : 4.6/5 (821 download)

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Book Synopsis The Realisation of Human Rights by : Yves Haeck

Download or read book The Realisation of Human Rights written by Yves Haeck and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction by the Editors (p. 1) Part I. International Human Rights Law in General The International Law of Human Rights Two Decades After the Second World Conference on Human Rights in Vienna in 1993 (p. 13) Article 1 UDHR: from Credo to Realisation (p. 41) Some Reflections on Balancing Conflicting Human Rights (p. 53) Initial Assessment of the United Nations Declaration on Human Rights Education and Training (p. 73) Part II . European Human Rights Law The Role of Dialogue in the Relationship Between the European Court of Human Rights and National Courts (p. 89) Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35(3)(b) European Convention on Human Rights (p. 107) The Stubbornness of the European Court of Human Rights' Margin of Appreciation Doctrine (p. 125) Are Judges of the European Court of Human Rights so Qualified that They are in No Need of Initial and In-Service Training? A 'Straatsburgse Myj/mering' (Myjer's Musings from Strasbourg) for Leo Zwaak (p. 151) Part III . Inter-American and African Human Rights Law A Barren Effort? The Jurisprudence of the Inter-American Court of Human Rights on Jus Cogens (p. 165) Strengthening or Straining the Inter-American System on Human Rights (p. 193) Preventing Human Rights Violations: Recommendations for Enhancing the Effectiveness of Interim Measures Before the Inter-American and African Human Rights Commissions (p. 221) The Recent Practice of the Inter-American Defence Attorney Figure During the Proceedings Before the Inter-American Court of Human Rights (p. 243) From the Non-Discrimination Clause to the Concept of Vulnerability in International Human Rights Law. Advancing on the Need for Special Protection of Certain Groups and Individuals (p. 259) The Debt of the Peruvian State Towards the Inter-American System of Human Rights (p. 273) Part IV. International Human Rights Law, International Criminal Law and International Humanitarian Law The Right to Truth in International Criminal Proceedings: An Indeterminate Concept from Human Rights Law (p. 291) Disputes over Exemplary Justice: Kenyans Before the International Criminal Court (p. 313) Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: a Plea for Mutual Respect and a Common Sense Approach (p. 335) A Battle over Elasticity - Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law (p. 351) Part V. International Human Rights Law, Extraordinary Rendition and Forced Disappearances Extraordinary Rendition and the Security Paradigm (p. 369) Enforced Disappearance as Continuing Crimes and Continuing Human Rights Violations (p. 389) Why is Establishing a Systematic Practice in the Adjudication of Enforced Disappearance Conducive to Providing Protection Against This Crime? (p. 415) Part VI. International and National Protection of Human Rights Partnership between National Human Rights Institutions and Human Rights Treaty Bodies in the Implementation of Concluding Observations (p. 437) Strategic Litigation by Equality Bodies and National Human Rights Institutions to Promote Equality (p. 461) The International Responsibility of the State for the Conduct of Indigenous Legal Systems: the Case of Ecuador (p. 475) Unconstitutionality of the Denunciation of the American Convention on Human Rights by Venezuela (p. 497) Independence of the Judiciary in Turkey: Institutional Reforms after 1999 (p. 527) read now Contributing Authors (p. 551).

What Is Right for Children?

Author : Martha Albertson Fineman
Publisher : Routledge
ISBN 13 : 1134760787
Total Pages : 462 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis What Is Right for Children? by : Martha Albertson Fineman

Download or read book What Is Right for Children? written by Martha Albertson Fineman and published by Routledge. This book was released on 2016-02-11 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.

Corporate Responsibility for Human Rights Impacts

Author : Lara Jill Blecher
Publisher :
ISBN 13 : 9781627223911
Total Pages : 0 pages
Book Rating : 4.2/5 (239 download)

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Book Synopsis Corporate Responsibility for Human Rights Impacts by : Lara Jill Blecher

Download or read book Corporate Responsibility for Human Rights Impacts written by Lara Jill Blecher and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a highly respected panel of experts, this book examines the difficult and nuanced questions associated with corporate accountability from all sides. This book contributes unique and thoughtful perspectives, legally grounded and passionately contended, to the ongoing dialogue about the intersection of human rights and corporate responsibility. Corporate Responsibility for Human Rights Impacts focuses mainly on developments in the United States and the United Kingdom, although examples of legal developments in corporate accountability for human rights in developing countries are discussed in many chapters. This book considers the question: how will lawyers and courts deal with the thorny issue of extraterritoriality in transnational litigation brought against companies for human rights abuses abroad?

Paradigms of International Human Rights Law

Author : Aaron Xavier Fellmeth
Publisher : Oxford University Press
ISBN 13 : 0190611278
Total Pages : 313 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Paradigms of International Human Rights Law by : Aaron Xavier Fellmeth

Download or read book Paradigms of International Human Rights Law written by Aaron Xavier Fellmeth and published by Oxford University Press. This book was released on 2016 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms."--Book jacket.

Universal Human Rights in Theory and Practice

Author : Jack Donnelly
Publisher : Cornell University Press
ISBN 13 : 9780801487767
Total Pages : 308 pages
Book Rating : 4.4/5 (877 download)

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Book Synopsis Universal Human Rights in Theory and Practice by : Jack Donnelly

Download or read book Universal Human Rights in Theory and Practice written by Jack Donnelly and published by Cornell University Press. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: (unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR

Handbook of Sociology and Human Rights

Author : David L. Brunsma
Publisher : Routledge
ISBN 13 : 131725838X
Total Pages : 585 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Handbook of Sociology and Human Rights by : David L. Brunsma

Download or read book Handbook of Sociology and Human Rights written by David L. Brunsma and published by Routledge. This book was released on 2015-10-23 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long the province of international law, human rights now enjoys a renaissance of studies and new perspectives from the social sciences. This landmark book is the first to synthesize and comprehensively evaluate this body of work. It fosters an interdisciplinary, international, and critical engagement both in the social study of human rights and the establishment of a human rights approach throughout the field of sociology. Sociological perspectives bring new questions to the interdisciplinary study of human rights, as amply illustrated in this book. The Handbook is indispensable to any interdisciplinary collection on human rights or on sociology. This text: Brings new perspectives to the study of human rights in an interdisciplinary fashion. Offers state-of-the-art summaries, critical discussions of established human rights paradigms, and a host of new insights and further research directions. Fosters a comprehensive human rights approach to sociology, topically representing all 45 sections of the American Sociological Association.

Paradigms of Justice

Author : Denise Celentano
Publisher : Taylor & Francis
ISBN 13 : 1000206319
Total Pages : 263 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Paradigms of Justice by : Denise Celentano

Download or read book Paradigms of Justice written by Denise Celentano and published by Taylor & Francis. This book was released on 2020-10-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relation between redistribution and recognition, two key paradigms in the contemporary discourse on justice. Combining insights from the traditions of critical social theory and analytical political philosophy, the volume offers a multifaceted exploration of this incredibly inspiring conceptual couple from a plurality of perspectives. The chapters engage with concepts such as universal basic income, property-owning democracy, poverty, equality, self-respect, pluralism, care, and work, all of which have an impact on individuals’ recognition as well as on distributive policies. An important contribution to the field of political and social philosophy, the volume will be useful to scholars and researchers of politics, law, human rights, economics, social justice, as well as policymakers.

Human Rights, Inc.

Author : Joseph R. Slaughter
Publisher : Fordham Univ Press
ISBN 13 : 0823228193
Total Pages : 436 pages
Book Rating : 4.8/5 (232 download)

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Book Synopsis Human Rights, Inc. by : Joseph R. Slaughter

Download or read book Human Rights, Inc. written by Joseph R. Slaughter and published by Fordham Univ Press. This book was released on 2009-08-25 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of “world literature” and international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call “the free and full development of the human personality.” Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe’s Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism. Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature—imperatives that, today more than ever, are intertwined.

Human Rights in International Relations

Author : David P. Forsythe
Publisher : Cambridge University Press
ISBN 13 : 1139451030
Total Pages : 275 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Human Rights in International Relations by : David P. Forsythe

Download or read book Human Rights in International Relations written by David P. Forsythe and published by Cambridge University Press. This book was released on 2006-05-01 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of David Forsythe's successful textbook provides an authoritative overview of the place of human rights in international politics in an age of terrorism. The book focuses on four central themes: the resilience of human rights norms, the importance of 'soft' law, the key role of non-governmental organizations, and the changing nature of state sovereignty. Human rights standards are examined according to global, regional, and national levels of analysis with a separate chapter dedicated to transnational corporations. This second edition has been updated to reflect recent events, notably the creation of the ICC and events in Iraq and Guantanamo Bay, and new sections have been added on subjects such as the correlation between world conditions and the fate of universal human rights. Containing chapter-by-chapter guides to further reading and discussion questions, this book will be of interest to undergraduate and graduate students of human rights, and their teachers. David Forsythe received the Distinguished Scholar Award for 2007 from the Human Rights Section of the American Political Science Association.

Humanity's Law

Author : Ruti Teitel
Publisher : Oxford University Press
ISBN 13 : 0199911681
Total Pages : 320 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Humanity's Law by : Ruti Teitel

Download or read book Humanity's Law written by Ruti Teitel and published by Oxford University Press. This book was released on 2011-10-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 430 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-21 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.