Paradigms Of International Human Rights Law

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Paradigms of International Human Rights Law

Author : Aaron Xavier Fellmeth
Publisher : Oxford University Press
Page : 304 pages
File Size : 40,8 Mb
Release : 2016-06-30
Category : Law
ISBN : 9780190611286

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Paradigms of International Human Rights Law by Aaron Xavier Fellmeth Pdf

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 A. Gonzalez-Salzberg,Loveday Hodson
Publisher : Routledge
Page : 280 pages
File Size : 48,7 Mb
Release : 2021-03-31
Category : Electronic
ISBN : 0367727404

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Research Methods for International Human Rights Law by Damian A. Gonzalez-Salzberg,Loveday Hodson Pdf

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.

Irrational Human Rights? An Examination of International Human Rights Treaties

Author : Naiade el-Khoury
Publisher : BRILL
Page : 290 pages
File Size : 50,9 Mb
Release : 2020-12-15
Category : Law
ISBN : 9789004439764

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Irrational Human Rights? An Examination of International Human Rights Treaties by Naiade el-Khoury Pdf

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.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 48,8 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

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.

What Is Right for Children?

Author : Martha Albertson Fineman,Karen Worthington
Publisher : Routledge
Page : 462 pages
File Size : 44,9 Mb
Release : 2016-02-11
Category : Law
ISBN : 9781134760787

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What Is Right for Children? by Martha Albertson Fineman,Karen Worthington Pdf

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.

International Humanitarian Law and International Human Rights Law

Author : Orna Ben-Naftali
Publisher : Oxford University Press
Page : 425 pages
File Size : 41,6 Mb
Release : 2011-01-13
Category : Law
ISBN : 9780191001604

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International Humanitarian Law and International Human Rights Law by Orna Ben-Naftali Pdf

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.

The Realisation of Human Rights

Author : Yves Haeck,Brianne McGonigle Leyh,Clara Burbano Herrera,Diana Contreras-Garduño
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2013
Category : Festschriften
ISBN : 1780682166

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The Realisation of Human Rights by Yves Haeck,Brianne McGonigle Leyh,Clara Burbano Herrera,Diana Contreras-Garduño Pdf

Introduction by the Editors (p. 1) Part I. International Human Rights Law in General The International Law of Human Rights Two Decades After the Second World Conference on Human Rights in Vienna in 1993 (p. 13) Article 1 UDHR: from Credo to Realisation (p. 41) Some Reflections on Balancing Conflicting Human Rights (p. 53) Initial Assessment of the United Nations Declaration on Human Rights Education and Training (p. 73) Part II . European Human Rights Law The Role of Dialogue in the Relationship Between the European Court of Human Rights and National Courts (p. 89) Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35(3)(b) European Convention on Human Rights (p. 107) The Stubbornness of the European Court of Human Rights' Margin of Appreciation Doctrine (p. 125) Are Judges of the European Court of Human Rights so Qualified that They are in No Need of Initial and In-Service Training? A 'Straatsburgse Myj/mering' (Myjer's Musings from Strasbourg) for Leo Zwaak (p. 151) Part III . Inter-American and African Human Rights Law A Barren Effort? The Jurisprudence of the Inter-American Court of Human Rights on Jus Cogens (p. 165) Strengthening or Straining the Inter-American System on Human Rights (p. 193) Preventing Human Rights Violations: Recommendations for Enhancing the Effectiveness of Interim Measures Before the Inter-American and African Human Rights Commissions (p. 221) The Recent Practice of the Inter-American Defence Attorney Figure During the Proceedings Before the Inter-American Court of Human Rights (p. 243) From the Non-Discrimination Clause to the Concept of Vulnerability in International Human Rights Law. Advancing on the Need for Special Protection of Certain Groups and Individuals (p. 259) The Debt of the Peruvian State Towards the Inter-American System of Human Rights (p. 273) Part IV. International Human Rights Law, International Criminal Law and International Humanitarian Law The Right to Truth in International Criminal Proceedings: An Indeterminate Concept from Human Rights Law (p. 291) Disputes over Exemplary Justice: Kenyans Before the International Criminal Court (p. 313) Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: a Plea for Mutual Respect and a Common Sense Approach (p. 335) A Battle over Elasticity - Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law (p. 351) Part V. International Human Rights Law, Extraordinary Rendition and Forced Disappearances Extraordinary Rendition and the Security Paradigm (p. 369) Enforced Disappearance as Continuing Crimes and Continuing Human Rights Violations (p. 389) Why is Establishing a Systematic Practice in the Adjudication of Enforced Disappearance Conducive to Providing Protection Against This Crime? (p. 415) Part VI. International and National Protection of Human Rights Partnership between National Human Rights Institutions and Human Rights Treaty Bodies in the Implementation of Concluding Observations (p. 437) Strategic Litigation by Equality Bodies and National Human Rights Institutions to Promote Equality (p. 461) The International Responsibility of the State for the Conduct of Indigenous Legal Systems: the Case of Ecuador (p. 475) Unconstitutionality of the Denunciation of the American Convention on Human Rights by Venezuela (p. 497) Independence of the Judiciary in Turkey: Institutional Reforms after 1999 (p. 527) read now Contributing Authors (p. 551).

Paradigms of Justice

Author : Denise Celentano,Luigi Caranti
Publisher : Taylor & Francis
Page : 263 pages
File Size : 42,7 Mb
Release : 2020-10-28
Category : Philosophy
ISBN : 9781000206319

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Paradigms of Justice by Denise Celentano,Luigi Caranti Pdf

This book explores the relation between redistribution and recognition, two key paradigms in the contemporary discourse on justice. Combining insights from the traditions of critical social theory and analytical political philosophy, the volume offers a multifaceted exploration of this incredibly inspiring conceptual couple from a plurality of perspectives. The chapters engage with concepts such as universal basic income, property-owning democracy, poverty, equality, self-respect, pluralism, care, and work, all of which have an impact on individuals’ recognition as well as on distributive policies. An important contribution to the field of political and social philosophy, the volume will be useful to scholars and researchers of politics, law, human rights, economics, social justice, as well as policymakers.

International Human Rights Law

Author : Daniel Moeckli,Sandesh Sivakumaran,Sangeeta Shah,David Harris
Publisher : Oxford University Press
Page : 781 pages
File Size : 47,8 Mb
Release : 2022-06
Category : Human rights
ISBN : 9780198860112

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International Human Rights Law by Daniel Moeckli,Sandesh Sivakumaran,Sangeeta Shah,David Harris Pdf

Written by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights. Digital formats This fourth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

The Law of International Human Rights Protection

Author : Walter Kälin,Jörg Künzli
Publisher : Oxford University Press, USA
Page : 589 pages
File Size : 50,7 Mb
Release : 2009
Category : Law
ISBN : 9780199565207

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The Law of International Human Rights Protection by Walter Kälin,Jörg Künzli Pdf

Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? This text shows how human rights create legal entitlements for those protected by them and impose obligations on those bound by them.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 50,8 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058288

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

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.

Paradigms of International Human Rights Law

Author : Aaron Xavier Fellmeth
Publisher : Oxford University Press
Page : 313 pages
File Size : 45,9 Mb
Release : 2016
Category : Law
ISBN : 9780190611279

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Paradigms of International Human Rights Law by Aaron Xavier Fellmeth Pdf

"This book 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."--Book jacket.

Corporate Responsibility for Human Rights Impacts

Author : Lara Jill Blecher,Nancy Kaymar Stafford,Gretchen Bellamy
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2014
Category : Corporate governance
ISBN : 1627223916

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Corporate Responsibility for Human Rights Impacts by Lara Jill Blecher,Nancy Kaymar Stafford,Gretchen Bellamy Pdf

Written by a highly respected panel of experts, this book examines the difficult and nuanced questions associated with corporate accountability from all sides. This book contributes unique and thoughtful perspectives, legally grounded and passionately contended, to the ongoing dialogue about the intersection of human rights and corporate responsibility. Corporate Responsibility for Human Rights Impacts focuses mainly on developments in the United States and the United Kingdom, although examples of legal developments in corporate accountability for human rights in developing countries are discussed in many chapters. This book considers the question: how will lawyers and courts deal with the thorny issue of extraterritoriality in transnational litigation brought against companies for human rights abuses abroad?

International Humanitarian Law and International Human Rights Law

Author : Orna Ben-Naftali
Publisher : OUP Oxford
Page : 424 pages
File Size : 54,7 Mb
Release : 2011-01-13
Category : Law
ISBN : 9780191029639

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International Humanitarian Law and International Human Rights Law by Orna Ben-Naftali Pdf

The idea that international humanitarian law (IHL) and international human rights law (IHRL) are complementary, rather than mutually exclusive regimes generated a paradigmatic shift in the international legal discourse. The reconciliation was driven by a humanistic ethos and its purpose was to offer greater protection of the rights to life, liberty and dignity of all individuals under all circumstances. The complementarity of both regimes currently enjoys the status of the new orthodoxy and simultaneously invites critical reflection. This collection of essays accepts the invitation, offering diverse assessments of the merits of taking human rights to the battlefields of the twenty-first century. The book comprises three parts: part I focuses on the paradigmatic (security based "armed conflict" vs. human rights centered "law enforcement" paradigms) and the normative complexities of the interaction between both regimes in the "fight against terror" and in other, allegedly new, types of wars. Part II discusses the interplay between IHRL and IHL in the context of three specific regimes: belligerent occupation; the European Court of Human Rights and the protection of cultural heritage. Part III explores the potential fusion of IHL and IHRL into a new paradigm in two areas: post-bellum accountability and compensation to victims of war crimes. The range of issues, multitude of competing norms and narratives, and shifting paradigms explored in this collection, converse with each other. This conversation mirrors the process through which international law - paying deference to political realities while simultaneously seeking to transcend them - charts new pathways to advance its humanizing project.

Irrational Human Rights?

Author : Naiade El-Khoury
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2021
Category : International law and human rights
ISBN : 9004439757

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Irrational Human Rights? by Naiade El-Khoury Pdf

"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"--