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| Author | : Andreas Føllesdal |
| Publsiher | : Cambridge University Press |
| Total Pages | : 323 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 1107034604 |
| Rating | : 4.4/5 (4 downloads) |
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
| Author | : Rüdiger Wolfrum |
| Publsiher | : Springer Science & Business Media |
| Total Pages | : 422 |
| Release | : 2008-02-26 |
| Genre | : Law |
| ISBN | : 3540777644 |
| Rating | : 4.7/5 (44 downloads) |
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
| Author | : Matthew Saul |
| Publsiher | : Cambridge University Press |
| Total Pages | : 417 |
| Release | : 2017-10-12 |
| Genre | : Law |
| ISBN | : 110718374X |
| Rating | : 4.3/5 (4 downloads) |
Saul, Follesdal and Ulfstein examine in detail the interplay between national parliaments and the international human rights judiciary.
| Author | : Matthew Saul |
| Publsiher | : |
| Total Pages | : 20 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
| Rating | : 4./5 ( downloads) |
This paper addresses the role of international law in political communication in the practice of interim governance. It seeks to develop a clearer understanding of the value of membership of an international human rights treaty regime for assessments of the legitimacy of interim governance arrangements. The paper has a particular focus on the case of Afghanistan. It has three main parts. The first part considers the way in which assessments of the legitimacy of interim governments are structured (it argues for legitimacy of promises to be added to the established two part schema of origin and exercise). The second part examines key considerations relevant for the extent to which political communication rights exert constraint on the discretion of interim governments. The third part examines three modalities by which the strength of political communication rights as a source of constraint might be strengthened: UN SC resolution, peace agreement, and aid agreement. A key argument is that membership of an international human rights regime with political communication rights is a reason to take more seriously the promises of interim governments to pursue democracy, as it provides a platform for international scrutiny of the efforts that are made to move towards democratic governance. However, it is further contended that in practice the law appears to be too easily overlooked by both interim governments and the international actors that keep them in authority.
| Author | : Matthew Saul |
| Publsiher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2017-10-12 |
| Genre | : Political Science |
| ISBN | : 1316878465 |
| Rating | : 4.8/5 (65 downloads) |
The emerging international human rights judiciary (IHRJ) threatens national democratic processes and 'hollows out' the scope of domestic and democratic decision-making, some argue. This new analysis confronts this head on by examining the interplay between national parliaments and the IHRJ, proposing that it advances parliament's efforts. Taking Europe and the European Court of Human Rights as its focus - drawing on theory, doctrine and practice - the authors answer a series of key questions. What role should parliaments play in realising human rights? Which factors influence the effects of the IHRJ on national parliaments' efforts? How can the IHRJ adjust its influence on parliamentary process? And what triggers the backlash against the IHRJ from parliaments and when? Here, the authors lay foundations for better informed scholarship and legal practice in the future, as well as a better understanding of how to improve the effectiveness and validity of the IHRJ.
| Author | : Naiade el-Khoury |
| Publsiher | : BRILL |
| Total Pages | : 290 |
| Release | : 2020-12-15 |
| Genre | : Law |
| ISBN | : 9004439765 |
| Rating | : 4.9/5 (65 downloads) |
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.
| Author | : Allen Buchanan |
| Publsiher | : Oxford University Press |
| Total Pages | : 331 |
| Release | : 2013-12 |
| Genre | : Law |
| ISBN | : 0199325383 |
| Rating | : 4.5/5 (83 downloads) |
This book provides a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. Any attempt to achieve a moral assessment of that enterprise must first evaluate the system of international legal human rights, which includes both legal norms and the institutions that create, interpret, and implement them. When philosophers have addressed the system of international legal human rights at all, they have tended to assume that international legal human rights, when they are morally justified, mirror, or at least help to realize, preexisting moral human rights. But international legal human rights, like many other legal rights, can be justified by appeal to several different types of moral considerations, of which the need to realize preexisting moral individual rights is only one. Justifying the system of international legal human rights requires not only advancing sound arguments for international legal human rights norms, but also an account of the legitimacy of the institutions of the international legal human rights system. It also requires showing that the legal rights in question should be part of a system of international law, rather than merely being included in domestic legal systems. Finally, justification also requires an account of the supremacy of international human rights law: a determination of whether and if so under what conditions, international human rights law should trump domestic law, including the constitutional law of the best existing liberal democratic states --
| Author | : Andreas Føllesdal |
| Publsiher | : Cambridge University Press |
| Total Pages | : 322 |
| Release | : 2013-10-24 |
| Genre | : Political Science |
| ISBN | : 9781107034600 |
| Rating | : 4.7/5 (346 downloads) |
The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
| Author | : Jamie Mayerfeld |
| Publsiher | : University of Pennsylvania Press |
| Total Pages | : 320 |
| Release | : 2016-05-27 |
| Genre | : Law |
| ISBN | : 0812248163 |
| Rating | : 4.8/5 (63 downloads) |
Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.
| Author | : Ian Clark |
| Publsiher | : Oxford University Press on Demand |
| Total Pages | : 289 |
| Release | : 2005-02-24 |
| Genre | : Political Science |
| ISBN | : 0199258422 |
| Rating | : 4.8/5 (22 downloads) |
The word 'legitimacy' is seldom far from the lips of practitioners of international affairs. The legitimacy of recent events - such as the wars in Kosovo and Iraq, the post-September 11 war on terror, and instances of humanitarian intervention - have been endlessly debated by publics around the globe. And yet the academic discipline of IR has largely neglected this concept. This book encourages us to take legitimacy seriously, both as a facet of international behaviour withpractical consequences, and as a theoretical concept necessary for understanding that behaviour. It offers a comprehensive historical and theoretical account of international legitimacy. It argues that the development of principles of legitimacy lie at the heart of what is meant by an international society,and in so doing fills a notable void in English school accounts of the subject.Part I provides a historical survey of the evolution of the practice of legitimacy from the 'age of discovery' at the end of the 15th century. It explores how issues of legitimacy were interwoven with the great peace settlements of modern history - in 1648, 1713, 1815, 1919, and 1945. It offers a revisionist reading of the significance of Westphalia - not as the origin of a modern doctrine of sovereignty - but as a seminal stage in the development of an international society based on sharedprinciples of legitimacy. All of the historical chapters demonstrate how the twin dimensions of legitimacy - principles of rightful membership and of rightful conduct - have been thought about and developed in differing contexts.Part II then provides a trenchant analysis of legitimacy in contemporary international society. Deploying a number of short case studies, drawn mainly from the wars against Iraq in 1991 and 2003, and the Kosovo war of 1999, it sets out a theoretical account of the relationship between legitimacy, on the one hand, and consensus, norms, and equilibrium, on the other.This is the most sustained attempt to make sense of legitimacy in an IR context. Its conclusion, in the end, is that legitimacy matters, but in a complex way. Legitimacy is not to be discovered simply by straightforward application of other norms, such as legality and morality. Instead, legitimacy is an inherently political condition. What determines its attainability or not is as much the general political condition of international society at any one moment, as the conformity of its specificactions to set normative principles.
| Author | : Steven Greer |
| Publsiher | : Cambridge University Press |
| Total Pages | : 561 |
| Release | : 2018-03-29 |
| Genre | : Law |
| ISBN | : 1107025508 |
| Rating | : 4.5/5 (8 downloads) |
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
| Author | : Andreas Follesdal |
| Publsiher | : Routledge |
| Total Pages | : 210 |
| Release | : 2013-11-12 |
| Genre | : Political Science |
| ISBN | : 1135079315 |
| Rating | : 4.9/5 (15 downloads) |
Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.
| Author | : Salvador Santino F. Regilme |
| Publsiher | : Rutgers University Press |
| Total Pages | : 146 |
| Release | : 2022-06-17 |
| Genre | : Political Science |
| ISBN | : 1978828446 |
| Rating | : 4.8/5 (46 downloads) |
Human Rights at Risk brings together social scientists, legal scholars, and humanities scholars to analyze the policy challenges of human rights protection in the twenty-first century. The volume is organized based on three overarching themes that highlight the challenges and risks in international human rights: international institutions and global governance of human rights; thematic blind spots in human rights protection; and the human rights challenges of the United States as a global and domestic actor amidst the contemporary global shifts to authoritarianism and illiberal populism. One of the very few books that offer new perspectives that envision the future of transnational human rights norms and human dignity from a multidisciplinary perspective, Human Rights at Risk comprehensively examines the causes and consequences of the challenges faced by international human rights. Scholars, students, and policy practitioners who are interested in the challenges and reform prospects of the international human rights regime, United States foreign policy, and international institutions will find this multidisciplinary volume an invaluable guide to the state of global politics in the twenty-first century.
| Author | : Alice Donald |
| Publsiher | : Oxford University Press |
| Total Pages | : 340 |
| Release | : 2016-08-19 |
| Genre | : Law |
| ISBN | : 0191093157 |
| Rating | : 4.3/5 (57 downloads) |
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.
| Author | : Nehal Bhuta |
| Publsiher | : Oxford University Press |
| Total Pages | : 464 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 0192638378 |
| Rating | : 4.8/5 (78 downloads) |
The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it's inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today - its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.
| Author | : Michael Ignatieff |
| Publsiher | : Princeton University Press |
| Total Pages | : 216 |
| Release | : 2011-12-28 |
| Genre | : Philosophy |
| ISBN | : 1400842840 |
| Rating | : 4.2/5 (4 downloads) |
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.
| Author | : Andreas von Arnauld |
| Publsiher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2020-01-02 |
| Genre | : Political Science |
| ISBN | : 1108751172 |
| Rating | : 4.1/5 (72 downloads) |
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
