Search Results: international-human-rights-law-returning-to-universal-principles

International Human Rights Law

Returning to Universal Principles

Author: Mark Gibney

Publisher: Rowman & Littlefield

ISBN: 1442249110

Category: Law

Page: 174

View: 4918

This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights enforcement, unquestionably the weakest aspect of international human rights law. He proposes several practical models that could begin to provide victims the “effective remedy” promised by the law itself. The book concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on. And rather than witnessing the end of human rights—as some have suggested—we should see our times as the true beginning.

Building a Treaty on Business and Human Rights

Context and Contours

Author: Surya Deva,David Bilchitz

Publisher: Cambridge University Press

ISBN: 1107199115

Category: Law

Page: 498

View: 1302

This book provides a sustained treatment of the politico-legal context and content of a proposed business and human rights treaty.

From Civil to Human Rights

Dialogues on Law and Humanities in the United States and Europe

Author: Helle Porsdam

Publisher: Edward Elgar Publishing

ISBN: 1849802300

Category: Political Science

Page: 232

View: 6015

Helle Porsdam s new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a must read for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century. Peter L. Murray, Harvard Law School, Cambridge, US Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe s rise from the ashes and the choices it must make to inspire rather than repulse the world around it. Richard Weisberg, Cardozo Law School, New York, US Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct European narratives . This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

Bait and Switch

Human Rights and U.S. Foreign Policy

Author: Julie A. Mertus

Publisher: Routledge

ISBN: 113593472X

Category: Political Science

Page: 280

View: 1149

It has become routine for the U.S. government to invoke human rights to justify its foreign policy decisions and military ventures. But this human rights talk has not been supported by a human rights walk. Policymakers consistently apply a double standard for human rights norms: one the rest of the world must observe, but which the U.S. can safely ignore. Based on extensive interviews with leading foreign policymakers, military officials, and human rights advocates, Mertus tells the story of how America's attempts to promote human rights abroad have, paradoxically, undermined those rights in other countries. The second edition brings the story up to date, including new sections on the second half of the Bush administration and the Iraq War, and updates on Afghanistan. The first edition of Bait and Switch won the American Political Science Association's 2005 Best Book on Human Rights.

The Global Struggle for Human Rights

Author: Debra DeLaet

Publisher: Cengage Learning

ISBN: 1285462602

Category: Political Science

Page: 264

View: 1219

Explore the tension between state sovereignty and human rights, genocide, economic rights, and various concepts of justice as they relate to the promotion of fundamental human rights with THE GLOBAL STRUGGLE FOR HUMAN RIGHTS: UNIVERSAL PRINCIPLES IN WORLD POLITICS. This textbook covers human rights in relation to gender equity, feminist perspectives, and sexual orientation and suggests a universal perspective on human rights sensitive to cultural differences and diversity among and within nations. The text also explores human rights law and the question of whether human rights are universal. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Universal Human Rights and Extraterritorial Obligations

Author: Mark Gibney,Sigrun Skogly

Publisher: University of Pennsylvania Press

ISBN: 9780812204841

Category: Political Science

Page: 264

View: 5633

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

Human Rights and Global Diversity

Author: R. Paul Churchill

Publisher: Routledge

ISBN: 1315509075

Category: Philosophy

Page: 176

View: 6182

This accessible text defends human rights as truly universal for all persons globally, while respecting the importance of plurality and cultural diversity. It is unique, as well, in discussing cross-cultural negotiations regarding human rights. The book shows that there is no inherent contradiction between human rights norms and social and cultural values, practices, and forms of life worthy of preservation.

Universal Rights Down to Earth (Norton Global Ethics Series)

Author: Richard Thompson Ford

Publisher: W. W. Norton & Company

ISBN: 0393079007

Category: Political Science

Page: 141

View: 2313

This analysis of human rights struggles from around the world explores five cases including food distribution in India and sex trafficking in Japan and concludes that reform and change must begin locally with local laws, institutions and social relationships. 13,000 first printing.

Five Uneasy Pieces

American Ethics in a Globalized World

Author: Mark Gibney

Publisher: Rowman & Littlefield

ISBN: 9780742535893

Category: Philosophy

Page: 203

View: 3545

In 'Five Uneasy Pieces', Mark Gibney offers an assessment of the role of the US in the wider world, contrasting the policies that have been adopted with those that he argues would constitute a more ethically based relationship with other nations.

Making Human Rights a Reality

Author: Emilie M. Hafner-Burton

Publisher: Princeton University Press

ISBN: 1400846285

Category: Law

Page: 296

View: 7697

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.

The Global Struggle for Human Rights

Author: Debra L. DeLaet

Publisher: Cengage Learning

ISBN: 1285966090

Category: Political Science

Page: 264

View: 6053

Explore the tension between state sovereignty and human rights, genocide, economic rights, and various concepts of justice as they relate to the promotion of fundamental human rights with THE GLOBAL STRUGGLE FOR HUMAN RIGHTS: UNIVERSAL PRINCIPLES IN WORLD POLITICS. This textbook covers human rights in relation to gender equity, feminist perspectives, and sexual orientation and suggests a universal perspective on human rights sensitive to cultural differences and diversity among and within nations. The text also explores human rights law and the question of whether human rights are universal. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Education as a Human Right

Principles for a Universal Entitlement to Learning

Author: Tristan McCowan

Publisher: A&C Black

ISBN: 144112277X

Category: Education

Page: 224

View: 5177

A comprehensive reassessment of the idea that all humans are entitled to learning, examining existing conceptualisations and proposing a new basis for Education for All.

Power, Suffering, and the Struggle for Dignity

Human Rights Frameworks for Health and Why They Matter

Author: Alicia Ely Yamin,Paul Farmer

Publisher: University of Pennsylvania Press

ISBN: 0812247744

Category: Medical

Page: 336

View: 6553

Directed at a diverse audience of students, legal and public health practitioners, and anyone interested in understanding what human rights-based approaches (HRBAs) to health and development mean and why they matter, this book provides a solid foundation for comprehending what a human rights framework implies and the potential for social transformation it entails.

Human Rights and Gender Violence

Translating International Law into Local Justice

Author: Sally Engle Merry

Publisher: University of Chicago Press

ISBN: 9780226520759

Category: Social Science

Page: 264

View: 9624

Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Universal Human Rights in Theory and Practice

Author: Jack Donnelly

Publisher: Cornell University Press

ISBN: 0801467497

Category: Political Science

Page: 336

View: 3485

In the third edition of his classic work, revised extensively and updated to include recent developments on the international scene, Jack Donnelly explains and defends a richly interdisciplinary account of human rights as universal rights. He shows that any conception of human rights-and the idea of human rights itself-is historically specific and contingent. Since publication of the first edition in 1989, Universal Human Rights in Theory and Practice has justified Donnelly's claim that "conceptual clarity, the fruit of sound theory, can facilitate action. At the very least it can help to unmask the arguments of dictators and their allies."

The Debasement of Human Rights

How Politics Sabotage the Ideal of Freedom

Author: Aaron Rhodes

Publisher: Encounter Books

ISBN: 1594039801

Category: Political Science

Page: 296

View: 4906

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.

Dictionary of International Human Rights Law

Author: Connie de la Vega

Publisher: Edward Elgar Publishing

ISBN: 1782540709

Category: Political Science

Page: 264

View: 6967

ÔConstance de la VegaÕs Dictionary of International Human Rights Law is a marvellous new human rights resource. It provides concise definitions and explanations of key human rights phrases, including specific recognised and emerging rights, relevant concepts, institutions and instruments. Human rights law has not grown in a vacuum, so some related concepts, such as from international criminal law and the law of armed conflict, are wisely included. This book will be an important addition to the libraries of human rights scholars, practitioners and advocates throughout the world.Õ Ð Sarah Joseph, Monash University, Australia This one-of-a-kind Dictionary provides a comprehensive breakdown of terms employed in the discussion of international human rights law. In addition to a list of definitions, this innovative volume also includes an appendix featuring descriptions of major treaties, documents, and other important human rights instruments, along with references on how to locate them. Students and professors of international, human rights and humanitarian law will find this volume an indispensable resource, as will government officials and other practitioners working with human rights issues.

Inspiration for global governance

the universal declaration of human rights and the earth charter

Author: Rudolphus Franciscus Marie Lubbers,Ruud Lubbers,Willem van Genugten,Tineke Lambooy

Publisher: Kluwer

ISBN: 9789013063059

Category: Corporate governance

Page: 102

View: 9520

Litigating Transnational Human Rights Obligations

Alternative Judgments

Author: Mark Gibney,Wouter Vandenhole

Publisher: Routledge

ISBN: 1135121052

Category:

Page: 358

View: 2347

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

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