Theory & Reality in the International Protection of Human Rights

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Author :
Publisher : Brill Nijhoff
ISBN 13 : 9781571050977
Total Pages : 0 pages
Book Rating : 4.0/5 (59 download)

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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

Theory and Reality in the International Protection of Human Rights

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Publisher : BRILL
ISBN 13 : 9004637818
Total Pages : 342 pages
Book Rating : 4.0/5 (46 download)

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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.

Universal Human Rights in Theory and Practice

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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

Making Human Rights a Reality

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Publisher : Princeton University Press
ISBN 13 : 1400846285
Total Pages : 296 pages
Book Rating : 4.4/5 (8 download)

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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.

International Protection of Human Rights: Achievements and Challenges

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Publisher : Universidad de Deusto
ISBN 13 : 8498305179
Total Pages : 706 pages
Book Rating : 4.4/5 (983 download)

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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).

Environmental Protection and Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1139498525
Total Pages : 1025 pages
Book Rating : 4.1/5 (394 download)

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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.

The Realisation of Human Rights

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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).

The Human Right to a Healthy Environment

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Publisher : Cambridge University Press
ISBN 13 : 1108369294
Total Pages : 309 pages
Book Rating : 4.1/5 (83 download)

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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 2018-06-28 with total page 309 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.

The Handbook of Global Health Policy

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Publisher : John Wiley & Sons
ISBN 13 : 0470674199
Total Pages : 632 pages
Book Rating : 4.4/5 (76 download)

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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

The UN Human Rights Treaty System in the 21 Century

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Publisher : BRILL
ISBN 13 : 9004502750
Total Pages : 1136 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis The UN Human Rights Treaty System in the 21 Century by : Anne Bayefsky

Download or read book The UN Human Rights Treaty System in the 21 Century written by Anne Bayefsky and published by BRILL. This book was released on 2021-12-28 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every United Nations member state is part of the human rights treaty system through the ratification of at least one of the six major human rights treaties, rendering universal participation a reality. For human rights victims, the treaty system is of central importance because international legal standards may offer benefits which political fora may not: the potential to generate remedies, attention, accessiblity. At the same time, the implementation mechanisms associated with the human rights treaties were designed at a time when the argument that international interest in human rights was an interference in domestic jurisdiction was at its peak. The challenge for the 21st Century is to move the theory of universality of international human rights standards towards effective implementation of human rights obligations. This book is a major contribution to the effort to focus attention on effective implementation of the human rights treaties. The contributors examine the major implementation shortfalls of the UN human rights treaty system, and offer concrete recommendations as to where future implementations efforts should be placed. The contributors are in a unique position to formulate and share their insights. They are drawn from among all of the constituencies involved in the human rights treaty system: the treaty bodies themselves, the NGO community, the UN secretariat, regional human rights regimes, UN agencies, UN human rights actors from the Human Rights Commission, the judiciary and academia. The book also includes, as a unique resource, all of the major documents concerning the UN human rights treaty system: the text of the treaties, the text of all amendments, statistics on individual communications to the treaty bodies, the text of all meetings of the chairpersons of the treaty bodies, reports and commentaries submitted to the UN Human Rights Commission, recent resolutions of the Human Rights Commission and the General Assembly on the human rights treaties, reform proposals by the International Law Association, regional human rights instruments. In the words of Philip Alston, the author of the UN report on enhancing the long-term effectiveness of the UN human rights treaty system, Professor Bayefsky's work `...has been more systematic and comprehensive, and has continued over a longer period of time, than any other comparable sholarly work on the subject.' (March 2000) In this volume Professor Bayefsky has collected the views of a range of authors immersed in the contribution and welfare of the UN human rights treaty system in the 21st century. It is necessary text for all those interested in the future of the international protection of human rights.

International Protection of Human Rights

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Publisher :
ISBN 13 : 9789521222856
Total Pages : 677 pages
Book Rating : 4.2/5 (228 download)

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Book Synopsis International Protection of Human Rights by : Catarina Krause

Download or read book International Protection of Human Rights written by Catarina Krause and published by . This book was released on 2009 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting Human Rights

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Publisher : Georgetown University Press
ISBN 13 : 9781589013988
Total Pages : 252 pages
Book Rating : 4.0/5 (139 download)

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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.

Human Rights in Theory and Practice

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Publisher : SAGE Publishing India
ISBN 13 : 9354795676
Total Pages : 194 pages
Book Rating : 4.3/5 (547 download)

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Book Synopsis Human Rights in Theory and Practice by : Ravindran Daniel

Download or read book Human Rights in Theory and Practice written by Ravindran Daniel and published by SAGE Publishing India. This book was released on 2022-10-07 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appreciation of the context that advances or hinders the enjoyment of human rights would provide the basis for developing relevant strategies, including the use of concepts, laws and mechanisms to promote human rights protection. With this aim, this book facilitates reflection on the theory and practice of human rights. It deals with the historical evolution of human rights ideas, traces the evolution of international human rights law, examines the UN and other human rights protection mechanisms, discusses the growth of human rights NGOs and their contribution, and studies the changing contours of the human rights movement. Human Rights in Theory and Practice: An Overview of Concepts and Treaties includes detailed examination of the provisions of major human rights treaties. It is a revised and updated version of the 1998 publication, Human Rights Praxis: A Resource Book for Study, Action and Reflection, which was widely used by activists and other readers and was translated into Bahasa Indonesia, Thai and Tamil. The present book will similarly be of interest to human rights activists and scholars of politics, law, sociology, history, international relations and peace studies.

International Law of Human Rights

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Publisher : Routledge
ISBN 13 : 1351562266
Total Pages : 733 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis International Law of Human Rights by : MichaelK. Addo

Download or read book International Law of Human Rights written by MichaelK. Addo and published by Routledge. This book was released on 2017-07-05 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is a social construct crafted by human endeavour to achieve or at least contribute to the achievement of goals perceived to be valuable or necessary to effective social relations. In effect, international law is no more than a facilitative process and so cannot have answers and conclusions of its own other than what lies within the ambitions of those who define the limits of the process. The essays collected together here reveal how international law facilitates the achievement of the long standing ambition of turning human rights ideals and rhetoric into reality.

The International Legal Governance of the Human Genome

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Publisher : Routledge
ISBN 13 : 1134047436
Total Pages : 225 pages
Book Rating : 4.1/5 (34 download)

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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.

The Moral Dimensions of Human Rights

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Publisher : OUP USA
ISBN 13 : 0199744785
Total Pages : 249 pages
Book Rating : 4.1/5 (997 download)

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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.

International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108477747
Total Pages : 1311 pages
Book Rating : 4.1/5 (84 download)

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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.