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Theory And Reality In The International Protection Of Human Rights
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Book Synopsis Theory and Reality in the International Protection of Human Rights by : Watson
Download or read book Theory and Reality in the International Protection of Human Rights written by Watson and published by BRILL. This book was released on 2023-06-26 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many theories and propositions have been advanced on the tacit assumption that international law encompasses the protection of human rights. Very few, if any, question the validity of this position. Here is a book that does. Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation—as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated. Published under the Transnational Publishers imprint.
Book Synopsis Theory & Reality in the International Protection of Human Rights by : James Shand Watson
Download or read book Theory & Reality in the International Protection of Human Rights written by James Shand Watson and published by Brill Nijhoff. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Gap Between Theory and Reality
Book Synopsis Environmental Protection and Human Rights by : Donald K. Anton
Download or read book Environmental Protection and Human Rights written by Donald K. Anton and published by Cambridge University Press. This book was released on 2011-04-11 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.
Book Synopsis The Handbook of Global Health Policy by : Garrett W. Brown
Download or read book The Handbook of Global Health Policy written by Garrett W. Brown and published by John Wiley & Sons. This book was released on 2014-06-03 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Global Health Policy provides a definitive source of the key areas in the field. It examines the ethical and practical dimensions of new and current policy models and their effect on the future development of global health and policy. Maps out key debates and policy structures involved in all areas of global health policy Isolates and examines new policy initiatives in global health policy Provides an examination of these initiatives that captures both the ethical/critical as well as practical/empirical dimensions involved with global health policy, global health policy formation and its implications Confronts the theoretical and practical questions of ‘who gets what and why’ and ‘how, when and where?’ Captures the views of a wide array of scholars and practitioners, including from low- and middle-income countries, to ensure an inclusive view of current policy debates
Book Synopsis The Human Right to a Healthy Environment by : John H. Knox
Download or read book The Human Right to a Healthy Environment written by John H. Knox and published by Cambridge University Press. This book was released on 2018-06-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a globally recognized right to a healthy environment has not prevented the development of human rights norms relating to the environment. Indeed, one of the most noteworthy aspects of human rights law over the last twenty years is that UN treaty bodies, regional tribunals, special rapporteurs, and other human rights mechanisms have applied human rights law to environmental issues even without a stand-alone, justiciable human right to a healthy environment. In The Human Right to a Healthy Environment, a diverse set of scholars and practitioners, all of whom have been instrumental in defining the relationship between human rights and the environment, provide their thoughts on what is, or should be, the role of an international human right to a healthy environment. The right to a healthy environment could be a capstone to this field of law, could help to provide structure to it, or could move it in new directions.
Book Synopsis Protecting Human Rights by : Todd Landman
Download or read book Protecting Human Rights written by Todd Landman and published by Georgetown University Press. This book was released on 2005-10-04 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ours has been called a global "age of rights," an era in which respect for human rights is considered the highest aspiration of the international democratic community. Since the United Nation's 1948 Universal Declaration of Human Rights, a wide variety of protections—civil, political, economic, social, and cultural—have been given legal validation as countries ratify treaties, participate in intergovernmental organizations, and establish human rights tribunals and truth and reconciliation commissions. Yet notable human rights failures have marred the post-Declaration era, including ongoing state violence toward citizens, the selectivity of humanitarian intervention (evidenced by the international community's failure to respond in Rwanda), and recent legislation in advanced democracies that trades some rights for protection against the threat of terrorism. How are we to reconcile the language of rights with the reality? Do we live in an age of rights after all? In Protecting Human Rights, Todd Landman provides a unique quantitative analysis of the marked gap between the principle and practice of human rights. Applying theories and methods from the fields of international law, international relations, and comparative politics, Landman examines data from 193 countries over 25 years (1976-2000) to assess the growth of the international human rights regime, the effect of law on actual protection, and global variation in human rights norms. Landman contends that human rights foreign policy remains based more on geo-strategic interest than moral internationalism. He argues that the influence human rights ideals have begun to have on states cannot be separated from the broader impact of socioeconomic changes that swept the globe in the late twentieth century. Landman concludes that international law alone will not suffice to fully protect human rights—it must be accompanied by democratic government, effective conflict resolution, and just economic systems.
Book Synopsis International Protection of Human Rights: Achievements and Challenges by : Felipe Gómez Isa
Download or read book International Protection of Human Rights: Achievements and Challenges written by Felipe Gómez Isa and published by Universidad de Deusto. This book was released on 2006-01-01 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the beginning of the nineties, there was an expectation within the human rights community that the next decade would be a period of consolidation for the international human rights regime. This did not happen. In fact, the human rights regime underwent dramatic changes in response to new circumstances. We have tried to highlight both the achievements and the challenges ahead in this Manual, the result of a joint project under the auspices of HumanitarianNet, a Thematic Network on Humanitarian Development Studies leaded by the University of Deusto (Bilbao, the Basque Country, Spain), and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice, Italy).
Book Synopsis The International Legal Governance of the Human Genome by : Chamundeeswari Kuppuswamy
Download or read book The International Legal Governance of the Human Genome written by Chamundeeswari Kuppuswamy and published by Routledge. This book was released on 2009-06-09 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human genome is a well known symbol of scientific and technological progress in the twenty-first century. However, concerns about the exacerbation of inequalities between the rich and the poor, the developing and the developed states, the healthy and the unhealthy are causing problems for the progress of scientific research. The international community is moving towards a human rights approach in addressing these concerns. Such an approach will be piecemeal and ineffective so long as fundamental issues about economic, social and cultural rights, the so-called second generation of human rights, are not addressed. This book argues that, in order to be able to meaningfully apply a human rights framework to the governance of the human genome, the international human rights framework should be based on a unified theory of human rights where the distinction between positive and negative rights is set aside. The book constructs a common heritage concept with the right to development at its core and explores the content of the right to development through rational human rights theory. It is argued that the notion of property rights in the human genome should be placed within the context of protecting human rights, including the right to development. The concept of common heritage of humanity, contrary to the widely held belief that it is in opposition to patenting of gene sequences, supports human rights-based conceptions of property rights. This book fills a gap in the literature on international legal governance of the human genome will provide an essential reference point for research into the right to development, development issues in bioethics, the role of international institutions in law making and research governance.
Book Synopsis The Moral Dimensions of Human Rights by : Carl Wellman
Download or read book The Moral Dimensions of Human Rights written by Carl Wellman and published by OUP USA. This book was released on 2011-02-03 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Moral Dimensions of Human Rights, Carl Wellman takes a broad approach to human rights by discussing all three types - moral, international, and national -at length. At the same time, Wellman pays special attention to the moral reasons that are relevant to each kind of human rights.
Book Synopsis Human Rights and the Dark Side of Globalisation by : Thomas Gammeltoft-Hansen
Download or read book Human Rights and the Dark Side of Globalisation written by Thomas Gammeltoft-Hansen and published by Routledge. This book was released on 2016-12-08 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.
Book Synopsis International Law by : Malcolm N. Shaw
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2021-07-22 with total page 1311 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative and engaging work, combining straightforward exposition with extensive footnotes for further research.
Book Synopsis The African Human Rights System, Activist Forces and International Institutions by : Obiora Chinedu Okafor
Download or read book The African Human Rights System, Activist Forces and International Institutions written by Obiora Chinedu Okafor and published by Cambridge University Press. This book was released on 2007-05-17 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2007 book draws from and builds upon many of the more traditional approaches to the study of international human rights institutions (IHIs), especially quasi-constructivism. The author reveals some of the ways in which many such domestic deployments of the African system have been brokered or facilitated by local activist forces, such as human rights NGOs, labour unions, women's groups, independent journalists, dissident politicians, and activist judges. In the end, the book exposes and reflects upon the inherent inability of the dominant compliance-focused model to adequately capture the range of other ways - apart from via state compliance - in which the domestic invocation of IHIs like the African system can contribute - albeit to a modest extent - to the pro-human rights alterations that can sometimes occur in the self-understandings, conceptions of interest or senses of appropriateness held within key domestic institutions within states.
Book Synopsis International Human Rights and Islamic Law by : Mashood A. Baderin
Download or read book International Human Rights and Islamic Law written by Mashood A. Baderin and published by OUP Oxford. This book was released on 2003-09-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.
Book Synopsis Making Human Rights a Reality by : Emilie M. Hafner-Burton
Download or read book Making Human Rights a Reality written by Emilie M. Hafner-Burton and published by Princeton University Press. This book was released on 2013-03-21 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. Making Human Rights a Reality takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights "stewards" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.
Book Synopsis Waging Humanitarian War by : Eric A. Heinze
Download or read book Waging Humanitarian War written by Eric A. Heinze and published by State University of New York Press. This book was released on 2009-01-22 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How severe must human suffering be before military intervention is considered? Can there be commensurate legal grounding for such an argument? Which actors are the most appropriate agents of intervention? In this reasonable and straightforward approach to the perplexing issue of humanitarian intervention, Eric A. Heinze incorporates insights from various strands of ethical, legal, and international relations theory. He identifies the conditions under which humanitarian intervention is morally permissible, establishes the extent to which such an ethical argument can be grounded in international law, and determines which actors are best equipped to undertake this task under prevailing political conditions. Heinze presents the reader with a number of empirical examples, including the 1999 Kosovo intervention, the 2003 Iraq war, and the ongoing humanitarian crisis in Darfur, Sudan. The result is a more theoretically consistent—and therefore more practically workable—approach to humanitarian intervention.
Book Synopsis International Law and the Construction of the Liberal Peace by : Russell Buchan
Download or read book International Law and the Construction of the Liberal Peace written by Russell Buchan and published by A&C Black. This book was released on 2014-07-18 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention. Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law. In light of this, this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur.
Book Synopsis Handbook on the European Convention on Human Rights by : Mark Eugen Villiger
Download or read book Handbook on the European Convention on Human Rights written by Mark Eugen Villiger and published by BRILL. This book was released on 2022-12-05 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
