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Author: Julie Fraser
Publisher: Cambridge University Press
Published: 2020-08-06
Total Pages: 339
ISBN-13: 1108489575
DOWNLOAD EBOOKCritiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.
Author: Julie Fraser
Publisher: Cambridge University Press
Published: 2020-08-06
Total Pages: 339
ISBN-13: 1108805639
DOWNLOAD EBOOKHaving articulated numerous human rights norms and standards in international treaties, the pressing challenge today is their realisation in States' parties around the world. Domestic implementation has proven a difficult task for national authorities as well as international supervisory bodies. This book examines the traditional State-centric and legalistic approach to implementation, critiquing its limited efficacy in practice and failure to connect with local cultures. The book therefore explores the permissibility of other measures of implementation, and advocates more culturally sensitive approaches involving social institutions. Through an interdisciplinary case study of Islam in Indonesia, the book demonstrates the power of social institutions like religion to promote rights compliant positions and behaviours. Like the preamble of the 1948 Universal Declaration of Human Rights, the book reiterates the role not just of the State but indeed 'every organ of society' in realising rights.
Author: Ryan Goodman
Publisher: Cambridge University Press
Published: 2011-11-14
Total Pages: 365
ISBN-13: 1139504223
DOWNLOAD EBOOKNational Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.
Author: Gerd Oberleitner
Publisher: Springer
Published: 2018-10-27
Total Pages: 390
ISBN-13: 9789811052057
DOWNLOAD EBOOKThis book introduces readers to the major human rights institutions, courts, and tribunals and critically assesses their legacy as well as the promise they hold for realizing human rights globally, and the challenges they face in doing so. It traces the rationale of setting up international institutions, courts, and tribunals with the aim of ensuring respect for international human rights law and presents their historic development, and critically analyzes their contribution to the promotion and protection of human rights. At the same time, it asks which promises old and new (and envisaged) human rights institutions hold for safeguarding human rights in light of continuing violations and recent global trends in human rights and politics. The first section presents institutions created within the framework of the United Nations. The second part of the volume assesses how international criminal tribunals have reframed human rights violations as individual criminal acts. The third part of the volume is devoted to established and emerging regional human rights bodies and courts around the world.
Author: Gerard McCann
Publisher: Policy Press
Published: 2020-04-29
Total Pages: 294
ISBN-13: 1447349237
DOWNLOAD EBOOKWith international human rights under challenge, this book represents a comprehensive critique that adds a social policy perspective to recent political and legalistic analysis. Expert contributors draw on local and global examples to review constructs of universal rights and their impact on social policy and human welfare. With thorough analysis of their strengths, weaknesses and enforcement, it sets out their role in domestic and geopolitical affairs. Including a forward by Albie Sachs, this book presents an honest appraisal of both the concepts of international human rights and their realities. It will engage those with an interest in social policy, ethics, politics, international relations, civil society organisations and human rights-based approaches to campaigning and policy development.
Author: A. Follesdal
Publisher: Springer Science & Business Media
Published: 2005-06-08
Total Pages: 424
ISBN-13: 9781402031410
DOWNLOAD EBOOKThe concept of global justice makes visible how we citizens of affluent countries are potentially implicated in the horrors so many must endure in the so-called less developed countries. Distinct conceptions of global justice differ in their specific criteria of global justice. However, they agree that the touchstone is how well our global institutional order is doing, compared to its feasible alternatives, in regard to the fundamental human interests that matter from a moral point of view. We are responsible for global regimes such as the global trading system and the rules governing military interventions. These institutional arrangements affect human beings worldwide, for instance by shaping the options and incentives of governments and corporations. Alternative paths of globalization would have differed in how much violence, oppression, and extreme poverty they engender. And global institutional reforms could greatly enhance human rights fullfillment in the future. The importance of this global justice approach reaches well beyond philosophy. It enables ordinary citizens to understand their options and responsibility for global institutional factors, and it challenges social scientists to address the causes of poverty and hunger that act across borders. The present volume addresses four main topics regarding global justice: The normative grounds for claims regarding the global institutional order, the substantive normative principles for a legitimate global order, the roles of legal human rights standards, and some institutional arrangements that may make the present world order less unjust. All royalties from this book have been assigned to Oxfam.
Author: Ilias Bantekas
Publisher: Cambridge University Press
Published: 2024-02-15
Total Pages: 1033
ISBN-13: 1009306383
DOWNLOAD EBOOKNow in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Author: Jack L. Goldsmith
Publisher: Oxford University Press
Published: 2005-02-03
Total Pages: 271
ISBN-13: 019803766X
DOWNLOAD EBOOKInternational law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Author: Marianne O. Nielsen
Publisher: University of Arizona Press
Published: 2020-05-05
Total Pages: 225
ISBN-13: 0816540411
DOWNLOAD EBOOKThis volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Author: Jack Donnelly
Publisher: Westview Press
Published: 2012-07-22
Total Pages: 305
ISBN-13: 0813345022
DOWNLOAD EBOOKInternational Human Rights examines the ways in which states and other international actors have addressed human rights since the end of World War II. This unique textbook features substantial attention to theory, history, international and regional institutions, and the role of transnational actors in the protection and promotion of human rights. Its purpose is to explore the difficult and contentious politics of human rights, and how those political dimensions have been addressed at the national, regional, and especially international levels. The fifth edition is substantially updated, rewritten, and revised throughout, including updates on multilateral institutions (especially the UN's Universal Periodic Review process and the Human Rights Council's Special Procedures mechanisms), regional systems, human rights in foreign policy (including a specific chapter on U.S. foreign policy), humanitarian intervention and the "responsibility to protect," and (anti)terrorism and human rights. The book also includes a new chapter on the unity (indivisibility) of human rights. Chapters include discussion questions, case studies for in-depth examination of topics (including new case studies on the U.N. Special Procedures, Myanmar, and Israeli settlements in West-Bank Palestine), and ten "problems" (including new entries on the war in Syria and hierarchies between human rights) tailored to promote classroom discussion.
