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Human Rights Between Law And Politics
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Book Synopsis Human Rights Standards by : Makau Mutua
Download or read book Human Rights Standards written by Makau Mutua and published by SUNY Press. This book was released on 2016-01-14 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic.
Book Synopsis The Law, Policy and Politics of the UN Human Rights Council by : Bertrand G. Ramcharan
Download or read book The Law, Policy and Politics of the UN Human Rights Council written by Bertrand G. Ramcharan and published by BRILL. This book was released on 2015-05-19 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Human Rights Council is the leading human rights organ of the United Nations and, ten years after it was established, it has attracted commendation as well as severe criticism. Its universal periodic review is widely recognized as a valuable process of international cooperation to advance the universal implementation of human rights. However, it has been criticized for not acting effectively and fairly in dealing with situations of shocking violations of human rights in many parts of the world. It is an international organ with the highest responsibilities to uphold universal values but, at the same time, it is a political organ of United Nations Member States, and it shows the characteristics of both a values-based body and a theatre of political drama. It is the merit of this book to present the Human Rights Council in terms of its mandates, roles and organization while seeking to remind the membership and the international community at large that the Council must be anchored in the modern human rights law of the Charter - of which the author gives a superb presentation. The book then proceeds to make the case that human rights are part of international constitutional law and this is exceedingly important at a time when universal values have come under stress from various quarters including from terrorist formations. The argument of the book is essentially that the modern human rights law of the Charter and the human rights provisions of international constitutional law must take precedence for everyone, everywhere.
Book Synopsis Mobilizing for Human Rights by : Beth A. Simmons
Download or read book Mobilizing for Human Rights written by Beth A. Simmons and published by Cambridge University Press. This book was released on 2009-10-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.
Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington
Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-10 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Book Synopsis World Politics, Human Rights, and International Law by : Francis A. Boyle
Download or read book World Politics, Human Rights, and International Law written by Francis A. Boyle and published by Rowman & Littlefield. This book was released on 2021-02-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Politics, Human Rights, and International Law examines the functional dynamics between these concepts based upon the author's professional experiences dealing with real world situations, problems, and crises: from the Bush, Obama, and Trump administrations; Iraq, Iran, Palestine, Israel, and Syria; Bosnia and Herzegovina; successfully litigating genocide at the World Court; indicting Slobodan Milosevic at the International Criminal Tribunal for the Former Yugoslavia; prosecuting American torture and enforced disappearances at the International Criminal Court; opposing nuclear, chemical, and biological weapons; citizen civil resistance against state crimes; protecting Indigenous Peoples, etc. The reader can see how the author defined these predicaments from the perspective of international law and human rights, and then proceeded to grapple with them and to rectify them. This book demonstrates the power of international law and human rights to make a positive difference for international peace and justice as well as for the good of humanity in the real world of international power politics. By reading this book the citizen will be empowered and inspired to do the same.
Book Synopsis International Human Rights in Context by : Henry J. Steiner
Download or read book International Human Rights in Context written by Henry J. Steiner and published by Oxford University Press, USA. This book was released on 1996 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major work offers a range of new cases and materials which help to explain the law of human rights in a broad context.
Book Synopsis Human Rights Between Law and Politics by : Petr Agha
Download or read book Human Rights Between Law and Politics written by Petr Agha and published by Bloomsbury Publishing. This book was released on 2017-08-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value of the Margin of Appreciation, or to give it a complementary role within the principle of proportionality, while others have been wholly critical of it. In contradiction to these approaches this volume shows that the doctrine is a genuinely normative principle capable of balancing conflicting values. It explores to what extent the tension between human rights and politics, embodied in the doctrine, might be understood as a mutually reinforcing interplay of variables rather than an entrenched separation. By linking the interpretation of the Margin of Appreciation doctrine to a broader conception of human rights, understood as complex political and moral norms, this volume argues that the doctrine can assist in the formulation of the common good in light of the requirements of the Convention.
Book Synopsis The Politics of International Law by : Martti Koskenniemi
Download or read book The Politics of International Law written by Martti Koskenniemi and published by Bloomsbury Publishing. This book was released on 2011-06-10 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.
Book Synopsis Force and Freedom by : Arthur Ripstein
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Book Synopsis Human Rights as Politics and Idolatry by : Michael Ignatieff
Download or read book Human Rights as Politics and Idolatry written by Michael Ignatieff and published by Princeton University Press. This book was released on 2011-12-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens. Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe. Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.
Book Synopsis The European Court of Human Rights between Law and Politics by : Jonas Christoffersen
Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2013-09-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Book Synopsis The Debasement of Human Rights by : Aaron Rhodes
Download or read book The Debasement of Human Rights written by Aaron Rhodes and published by Encounter Books. This book was released on 2018-04-17 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of human rights began as a call for individual freedom from tyranny, yet today it is exploited to rationalize oppression and promote collectivism. How did this happen? Aaron Rhodes, recognized as “one of the leading human rights activists in the world” by the University of Chicago, reveals how an emancipatory ideal became so debased. Rhodes identifies the fundamental flaw in the Universal Declaration of Human of Rights, the basis for many international treaties and institutions. It mixes freedom rights rooted in natural law—authentic human rights—with “economic and social rights,” or claims to material support from governments, which are intrinsically political. As a result, the idea of human rights has lost its essential meaning and moral power. The principles of natural rights, first articulated in antiquity, were compromised in a process of accommodation with the Soviet Union after World War II, and under the influence of progressivism in Western democracies. Geopolitical and ideological forces ripped the concept of human rights from its foundations, opening it up to abuse. Dissidents behind the Iron Curtain saw clearly the difference between freedom rights and state-granted entitlements, but the collapse of the USSR allowed demands for an expanding array of economic and social rights to gain legitimacy without the totalitarian stigma. The international community and civil society groups now see human rights as being defined by legislation, not by transcendent principles. Freedoms are traded off for the promise of economic benefits, and the notion of collective rights is used to justify restrictions on basic liberties. We all have a stake in human rights, and few serious observers would deny that the concept has lost clarity. But no one before has provided such a comprehensive analysis of the problem as Rhodes does here, joining philosophy and history with insights from his own extensive work in the field.
Book Synopsis The Inter-American Human Rights System by : Par Engstrom
Download or read book The Inter-American Human Rights System written by Par Engstrom and published by Routledge. This book was released on 2020-05-21 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System’s normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.
Download or read book Not Enough written by Samuel Moyn and published by Harvard University Press. This book was released on 2018-04-10 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: “No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books
Book Synopsis The UN Human Rights Council by : Bertrand Ramcharan
Download or read book The UN Human Rights Council written by Bertrand Ramcharan and published by Routledge. This book was released on 2013-03 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Rights Council is already the subject of major public interest and controversy. The Council is already being criticized for having dropped some of the protection strategies of the former commission and this book aims to present a balanced view of the council, acknowledging where it has made positive contributions, point out its deficiencies, and identify options for improving the body’s future work.
Download or read book Human Rights written by Michael Goodhart and published by Oxford University Press, USA. This book was released on 2013 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights: Politics and Practice is an introduction to human rights that goes beyond a purely legal perspective to look at theoretical issues and practical approaches. Bringing together leading experts, it is up to date with cutting edge research in a constantly evolving field.
Book Synopsis Moral and Political Conceptions of Human Rights by : Reidar Maliks
Download or read book Moral and Political Conceptions of Human Rights written by Reidar Maliks and published by Cambridge University Press. This book was released on 2017-07-25 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.
