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 : 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 2016-06-30 with total page 313 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 Gonzalez-Salzberg
Publisher : Routledge
ISBN 13 : 0429889364
Total Pages : 275 pages
Book Rating : 4.4/5 (298 download)

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

Download or read book Research Methods for International Human Rights Law written by Damian Gonzalez-Salzberg and published by Routledge. This book was released on 2019-06-13 with total page 275 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.

Paradigms of International Human Rights Law

Author : Aaron Xavier Fellmeth
Publisher :
ISBN 13 : 9780190611309
Total Pages : 292 pages
Book Rating : 4.6/5 (113 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 . This book was released on 2016 with total page 292 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. It first explains the types of individual, corporate, and state duties available. It then evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels. Lastly, it discusses negative and p.

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 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).

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 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.

Paradigms of International Human Rights Law

Author : Aaron Xavier Fellmeth
Publisher : Oxford University Press
ISBN 13 : 0190611294
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

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

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.

The Protection of Vulnerable Groups under International Human Rights Law

Author : Ingrid Nifosi-Sutton
Publisher : Taylor & Francis
ISBN 13 : 1317560728
Total Pages : 304 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis The Protection of Vulnerable Groups under International Human Rights Law by : Ingrid Nifosi-Sutton

Download or read book The Protection of Vulnerable Groups under International Human Rights Law written by Ingrid Nifosi-Sutton and published by Taylor & Francis. This book was released on 2017-07-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of States’ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerable groups as an underlying and essential component of International Human Rights Law through a systematic and comprehensive analysis of international human rights law instruments and relevant practice of international and regional human rights monitoring bodies. The book illuminates how human rights monitoring bodies foster protection of vulnerable groups and their members at the domestic level, and underscores and assesses vulnerability paradigms these bodies have elaborated. The book also puts forward a legal definition of vulnerable groups. This book will be of great interest to students and scholars of international human rights law.

Targeted Killing in International Law

Author : Nils Melzer
Publisher : Oxford University Press on Demand
ISBN 13 : 0199533164
Total Pages : 523 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Targeted Killing in International Law by : Nils Melzer

Download or read book Targeted Killing in International Law written by Nils Melzer and published by Oxford University Press on Demand. This book was released on 2008-05-29 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title examines the international lawfulness of state-sponsored targeted killings in military and police operations. Analysing recent state practice and jurisprudence, it establishes when targeted killing may be considered lawful, and what legal restraints are imposed on the practice in times of war and peace.

The Twilight of Human Rights Law

Author : Eric Posner
Publisher : Oxford University Press
ISBN 13 : 0199313466
Total Pages : 219 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Twilight of Human Rights Law by : Eric Posner

Download or read book The Twilight of Human Rights Law written by Eric Posner and published by Oxford University Press. This book was released on 2014-10-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

The Subject of Human Rights

Author : Danielle Celermajer
Publisher : Stanford University Press
ISBN 13 : 1503613720
Total Pages : 430 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Subject of Human Rights by : Danielle Celermajer

Download or read book The Subject of Human Rights written by Danielle Celermajer and published by Stanford University Press. This book was released on 2020-09-22 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Subject of Human Rights is the first book to systematically address the "human" part of "human rights." Drawing on the finest thinking in political theory, cultural studies, history, law, anthropology, and literary studies, this volume examines how human rights—as discourse, law, and practice—shape how we understand humanity and human beings. It asks how the humanness that the human rights idea seeks to protect and promote is experienced. The essays in this volume consider how human rights norms and practices affect the way we relate to ourselves, to other people, and to the nonhuman world. They investigate what kinds of institutions and actors are subjected to human rights and are charged with respecting their demands and realizing their aspirations. And they explore how human rights shape and even create the very subjects they seek to protect. Through critical reflection on these issues, The Subject of Human Rights suggests ways in which we might reimagine the relationship between human rights and subjectivity with a view to benefiting human rights and subjects alike.

Irrational Human Rights?

Author : Naiade El-Khoury
Publisher :
ISBN 13 : 9789004439757
Total Pages : 0 pages
Book Rating : 4.4/5 (397 download)

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Book Synopsis Irrational Human Rights? by : Naiade El-Khoury

Download or read book Irrational Human Rights? written by Naiade El-Khoury and published by . This book was released on 2021 with total page 0 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. Such an examination as to the effects of international human rights treaties, or rather their limits, puts prevalent views of international law to the test. In doing so, this book convincingly argues that rational theories are inadequate to grasp the full effect of international human rights treaties"--

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 497 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 2016-01-22 with total page 497 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.

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.