Human Rights Between Law And Politics

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Human Rights Between Law and Politics

Petr Agha
Human Rights Between Law and Politics Book PDF

Author : Petr Agha
Publisher : Bloomsbury Publishing
Page : 367 pages
File Size : 51,7 Mb
Release : 2017-08-24
Category : Law
ISBN : 9781509902828

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Human Rights Between Law and Politics by Petr Agha Pdf

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.

International Human Rights in Context

Henry J. Steiner,Philip Alston,Ryan Goodman
International Human Rights in Context Book PDF

Author : Henry J. Steiner,Philip Alston,Ryan Goodman
Publisher : Oxford University Press, USA
Page : 1534 pages
File Size : 46,8 Mb
Release : 2008
Category : Law
ISBN : 9780199279425

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International Human Rights in Context by Henry J. Steiner,Philip Alston,Ryan Goodman Pdf

Completely revised and updated to bring it up to date with recent events, this popular textbook incorporates a wide range of carefully edited materials from both primary and secondary sources.

Human Rights Standards

Makau Mutua
Human Rights Standards Book PDF

Author : Makau Mutua
Publisher : SUNY Press
Page : 258 pages
File Size : 50,5 Mb
Release : 2016-01-14
Category : Political Science
ISBN : 9781438459394

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Human Rights Standards by Makau Mutua Pdf

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.

The European Court of Human Rights between Law and Politics

Jonas Christoffersen,Mikael Rask Madsen
The European Court of Human Rights between Law and Politics Book PDF

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 0 pages
File Size : 54,7 Mb
Release : 2013-09-05
Category : Law
ISBN : 0199686440

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The European Court of Human Rights between Law and Politics by Jonas Christoffersen,Mikael Rask Madsen Pdf

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.

The Law, Policy and Politics of the UN Human Rights Council

Bertrand G. Ramcharan
The Law Policy and Politics of the UN Human Rights Council Book PDF

Author : Bertrand G. Ramcharan
Publisher : BRILL
Page : 304 pages
File Size : 48,8 Mb
Release : 2015-05-22
Category : Law
ISBN : 9789004289031

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The Law, Policy and Politics of the UN Human Rights Council by Bertrand G. Ramcharan Pdf

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.

The Politics of International Law

Martti Koskenniemi
The Politics of International Law Book PDF

Author : Martti Koskenniemi
Publisher : Bloomsbury Publishing
Page : 388 pages
File Size : 46,6 Mb
Release : 2011-06-10
Category : Law
ISBN : 9781847316554

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The Politics of International Law by Martti Koskenniemi Pdf

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.

Law and Politics

Keith E. Whittington
Law and Politics Book PDF

Author : Keith E. Whittington
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2012
Category : Law
ISBN : 0415680352

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Law and Politics by Keith E. Whittington Pdf

A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.

Tracing the Roles of Soft Law in Human Rights

Stéphanie Lagoutte,Thomas Gammeltoft-Hansen,John Cerone
Tracing the Roles of Soft Law in Human Rights Book PDF

Author : Stéphanie Lagoutte,Thomas Gammeltoft-Hansen,John Cerone
Publisher : Oxford University Press
Page : 353 pages
File Size : 42,8 Mb
Release : 2016
Category : Law
ISBN : 9780198791409

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Tracing the Roles of Soft Law in Human Rights by Stéphanie Lagoutte,Thomas Gammeltoft-Hansen,John Cerone Pdf

"Some of the contributions were presented at the 2014 Association of Human Rights Institutes Research Conference in Copenhagen"--Preface.

Human Rights in World Politics

Seyom Brown
Human Rights in World Politics Book PDF

Author : Seyom Brown
Publisher : Addison-Wesley Longman
Page : 212 pages
File Size : 54,6 Mb
Release : 2000
Category : Political Science
ISBN : UVA:X004435139

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Human Rights in World Politics by Seyom Brown Pdf

The Rights of Peoples

Mobilizing for Human Rights

Beth A. Simmons
Mobilizing for Human Rights Book PDF

Author : Beth A. Simmons
Publisher : Cambridge University Press
Page : 473 pages
File Size : 40,5 Mb
Release : 2009-10-29
Category : Law
ISBN : 9780521885102

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Mobilizing for Human Rights by Beth A. Simmons Pdf

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.

The Oxford Handbook of Law and Politics

Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
The Oxford Handbook of Law and Politics Book PDF

Author : Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
Publisher : OUP Oxford
Page : 828 pages
File Size : 47,5 Mb
Release : 2010-06-11
Category : Political Science
ISBN : 9780191616280

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The Oxford Handbook of Law and Politics by Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira Pdf

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.

Law, Democracy and the European Court of Human Rights

Rory O'Connell
Law Democracy and the European Court of Human Rights Book PDF

Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 53,8 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072

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Law, Democracy and the European Court of Human Rights by Rory O'Connell Pdf

Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Not Enough

Samuel Moyn
Not Enough Book PDF

Author : Samuel Moyn
Publisher : Harvard University Press
Page : 276 pages
File Size : 43,7 Mb
Release : 2018-04-10
Category : Political Science
ISBN : 9780674984820

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Not Enough by Samuel Moyn Pdf

The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens’ most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.

Moral and Political Conceptions of Human Rights

Reidar Maliks,Johan Karlsson Schaffer
Moral and Political Conceptions of Human Rights Book PDF

Author : Reidar Maliks,Johan Karlsson Schaffer
Publisher : Cambridge University Press
Page : 317 pages
File Size : 41,9 Mb
Release : 2017-07-25
Category : Law
ISBN : 9781107153974

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Moral and Political Conceptions of Human Rights by Reidar Maliks,Johan Karlsson Schaffer Pdf

Human rights can be understood as moral or political. This volume shows how this distinction matters for theory and practice.

International Law: Politics and Values

Louis Henkin
International Law Politics and Values Book PDF

Author : Louis Henkin
Publisher : BRILL
Page : 389 pages
File Size : 52,9 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004633056

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International Law: Politics and Values by Louis Henkin Pdf

This volume derives from a series of lectures delivered as the `general course' at the Hague Academy of International law in July 1989. Like those lectures, this volume does not pretend to provide a complete treatise covering all international law. Rather, it offers a particular perspective on the principal subjects of traditional international law, elaborates new developments, and dares reexamine assumptions and premises. The book is built on three themes. The first addresses law as politics, and international law as the law of a political system, now comprised of more than 180 separate, independent states. The essential autonomy of states accounts for the political (as well as economic and cultural) heterogeneity in a pluralist and fragmented system, and international law as its common denominator of normative expression. A second theme explores change in international law as reflecting change in the values and purposes of the international political system. It traces the pursuit through law of the traditional ideal of the state system to secure every state's right to realize its own agenda through its own institutions, and the superimposed contemporary purpose to promote individual human rights and welfare in every society. The third theme perceives a movement in the law from `conceptualism' to `functionalism', from logical deduction out of abstract principles to pragmatic attention to practical needs and solutions to new and old human problems. Each of these themes dominates in several chapters but the other themes are not absent from any of them. Each will add a fresh perspective and contribute to understanding the nature and operation of international law in the international political system at the turn of a new century.