The Legitimacy Of International Human Rights Regimes
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The Legitimacy of International Human Rights Regimes by Andreas Føllesdal,Johan Karlsson Schaffer,Geir Ulfstein Pdf
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
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.
This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Legitimacy in International Law by Rüdiger Wolfrum,Volker Röben Pdf
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.
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 --
Human Rights in the Global Political Economy by Tony Evans Pdf
Tony Evans critically investigates the theory and practice of human rights in the current global order. Evans covers a range of contentious debates as he considers critiques of the prevailing conceptions of human rights. He then explores the changing global context of human rights issues, the nature and status of human rights within that context, and recent institutional responses. With its emphasis on policy and process, his book offers a rich analysis of the politics of today's human rights regime.
Governmental Illegitimacy in International Law by Brad R. Roth Pdf
When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge moretraditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference in matters `essentially' within a state's domestic jurisdiction.Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism', with some expansively proclaiming the emergence of an international `right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy.This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination,informed by theoretical and comparative perspectives on governmental legitimacy.The inquiry establishes that the category of `illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficientdeterminacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of `democratic governance,' nor would such a norm serve the purposes of the scheme ofsovereign equality of states embodied in the United Nations Charter.
Universal Human Rights in Theory and Practice by Jack Donnelly Pdf
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
The Legitimacy of International Human Rights Regimes by Andreas Føllesdal,Johan Karlsson Schaffer,Geir Ulfstein Pdf
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.
The Promise of Human Rights by Jamie Mayerfeld Pdf
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.
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.
