Transnational Lawmaking Coalitions For Human Rights

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Transnational Lawmaking Coalitions for Human Rights

Author : Nina Reiners
Publisher : Cambridge University Press
Page : 215 pages
File Size : 43,6 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781108845540

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Transnational Lawmaking Coalitions for Human Rights by Nina Reiners Pdf

Explores how expert bodies and non-state empowered professionals come together to shape human rights law.

The Many Paths of Change in International Law

Author : Ezgi Yildiz
Publisher : Oxford University Press
Page : 401 pages
File Size : 51,8 Mb
Release : 2024-02-16
Category : Law
ISBN : 9780198877844

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The Many Paths of Change in International Law by Ezgi Yildiz Pdf

How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Human Rights Politics

Author : Michael Krennerich
Publisher : Springer Nature
Page : 189 pages
File Size : 50,7 Mb
Release : 2024-06-28
Category : Electronic
ISBN : 9783031570261

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Human Rights Politics by Michael Krennerich Pdf

Strengthening the UN Human Rights Treaty Bodies

Author : Nils-Hendrik Grohmann
Publisher : Mohr Siebeck
Page : 331 pages
File Size : 42,5 Mb
Release : 2024-03-28
Category : Electronic
ISBN : 9783161628252

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Strengthening the UN Human Rights Treaty Bodies by Nils-Hendrik Grohmann Pdf

Women's Property Rights Under CEDAW

Author : José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder
Publisher : Oxford University Press
Page : 433 pages
File Size : 53,8 Mb
Release : 2024
Category : Law
ISBN : 9780197751879

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Women's Property Rights Under CEDAW by José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder Pdf

For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.

Between Forbearance and Audacity

Author : Ezgi Yildiz
Publisher : Cambridge University Press
Page : 275 pages
File Size : 55,9 Mb
Release : 2023-06-30
Category : Law
ISBN : 9781009117326

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Between Forbearance and Audacity by Ezgi Yildiz Pdf

When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.

Defensive Relativism

Author : Frederick Cowell
Publisher : University of Pennsylvania Press
Page : 329 pages
File Size : 49,8 Mb
Release : 2022-10-25
Category : Law
ISBN : 9781512823325

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Defensive Relativism by Frederick Cowell Pdf

Defensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. The end goal of defensive relativism is to allow a state to appear human rights compliant while at the same time not implementing international human rights law. Drawing on a range of materials, such as state reports on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and cases from the European Court of Human Rights involving freedom of religion, this book provides a definitive survey of defensive relativism. Crucially, Frederick Cowell argues, defensive relativism is not about alternative practices of human rights law, or debates about the origins or legitimacy of human rights as a concept. Defensive relativism is instead a variety of tactical argument used by states to justify ignoring international human rights law. Yet, as Cowell concludes, defensive relativism can’t be removed from the law, as it is a reflection of unresolved tensions about the nature of what it means for rights to be universal.

Handbook on Governance in International Organizations

Author : Alistair D. Edgar
Publisher : Edward Elgar Publishing
Page : 385 pages
File Size : 54,5 Mb
Release : 2023-11-03
Category : Political Science
ISBN : 9781800884939

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Handbook on Governance in International Organizations by Alistair D. Edgar Pdf

Required for peace and security, economic governance, sustainable development and humanitarian support, International Organisations (IOs) are central to the structure of global governance. Introducing the importance of governance in IOs, this Handbook addresses the collective challenges and synthesises the expertise of global or regional representativeness for international cooperation.

Contesting the World

Author : Phil Orchard,Antje Wiener
Publisher : Cambridge University Press
Page : 357 pages
File Size : 45,7 Mb
Release : 2024-06-06
Category : Philosophy
ISBN : 9781009479165

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Contesting the World by Phil Orchard,Antje Wiener Pdf

Introduces an interpretation-contestation framework for comprehending the emergence, transformation, and legitimacy of international norms.

The Humanisation of Global Politics

Author : Sassan Gholiagha
Publisher : Cambridge University Press
Page : 319 pages
File Size : 49,6 Mb
Release : 2022-09-01
Category : Law
ISBN : 9781108904964

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The Humanisation of Global Politics by Sassan Gholiagha Pdf

This book observes a growing humanisation of global politics relating to the appearance of individual human beings in discourses of global politics. It identifies a mismatch concerning International Relations theory and International Law and the study of the humanisation of global politics. To overcome this mismatch, Sassan Gholiagha proposes a novel theoretical framework based on feminist and constructivist International Relations theory and non-statist theories of International Law scholarship. The book applies this interdisciplinary framework together with an interpretative analytical framework to three cases: the discourse on prosecution, studying international criminal law and the work of the International Criminal Court; the discourse on protection, focusing on the Responsibility to Protect; and the use of drones in targeted killing operations. Drawing on these case studies and the frameworks, the book identifies how individual human beings as participants in global politics position themselves and are positioned by others in these various discourses.

Between Power and Irrelevance

Author : George E. Mitchell,Hans Peter Schmitz,Tosca Bruno-van Vijfeijken
Publisher : Oxford University Press
Page : 369 pages
File Size : 43,7 Mb
Release : 2020-05-28
Category : Business & Economics
ISBN : 9780190084738

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Between Power and Irrelevance by George E. Mitchell,Hans Peter Schmitz,Tosca Bruno-van Vijfeijken Pdf

Geopolitical shifts, increasing demands for accountability, and growing competition have been driving the need for change within transnational nongovernmental organizations (TNGOs). As the world has changed and TNGOs' ambitions have expanded, the roles of TNGOs have shifted and their work has become more complex. To remain effective, legitimate, and relevant in the future necessitates organizational changes, but many TNGOs have been slow to adapt. As a result, the sector's rhetoric of sustainable impact and social transformation has far outpaced the reality of TNGOs' more limited abilities to deliver on their promises. Between Power and Irrelevance openly explores why this gap between rhetoric and reality exists and what TNGOs can do individually and collectively to close it. George E. Mitchell, Hans Peter Schmitz, and Tosca Bruno-van Vijfeijken argue that TNGOs need to change the fundamental conditions under which they operate by bringing their own "forms and norms" into better alignment with their ambitions and strategies. This book offers accessible, future-oriented analyses and lessons-learned to assist practitioners and other stakeholders in formulating and implementing organizational changes. Drawing upon a variety of perspectives, including hundreds of interviews with TNGO leaders, firsthand involvement in major organizational change processes in leading TNGOs, and numerous workshops, training institutes, consultancies, and research projects, the book examines how to adapt TNGOs for the future.

Reinvigorating the United Nations

Author : Markus Kornprobst,Sławomir Redo
Publisher : Taylor & Francis
Page : 221 pages
File Size : 51,5 Mb
Release : 2024-05-23
Category : Political Science
ISBN : 9781040090169

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Reinvigorating the United Nations by Markus Kornprobst,Sławomir Redo Pdf

This book examines pathways for how to reinvigorate the United Nations, in light of recent crises. The United Nations requires reinvigoration. The organisation’s supply of global governance falls short of global demand in areas ranging from health to environment, while intra-state armed conflicts are on the rise again, and fullblown inter-state war has returned to the agenda. At the same time, decision-making mechanisms are deadlocked, and their legitimacy is increasingly questioned. But what pathways are there for reinvigorating the United Nations? This book argues for consolidating key principles pertaining to inter-state relations and human rights, for elaborating on the UN system in order to avoid fragmentation and make it possible for it to keep pace with a changing world, and for revisiting UN decision-making structures so that it can become more inclusive and rebuild trust among stakeholders. The volume embraces a comprehensive approach to studying the organisation, and the authors analyse the institutions comprising the UN system, as well as the social context within which actors put these institutions to use. The book contributes to scholarly debates about the United Nations and about how it is embedded in a broader international order currently beset by crises and, ultimately, aims to show what concrete steps for strengthening the organisation might look like. This book will be of much interest to students of international organisations, diplomacy studies, global governance, and International Relations in general. The Introduction, Chapter 5, Chapter 10 and the Conclusion of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial 4.0 International License. Chapter 7 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-NoDerivs 4.0 International License.

International Norm Disputes

Author : Lisbeth Zimmermann,Professor for International Institutions and Peace Processes Lisbeth Zimmermann,Chair of International Relations and Theories of Global Order Nicole Deitelhoff,Nicole Deitelhoff,Max Lesch,Postdoctoral Researcher Max Lesch,Antonio Arcudi,Anton Peez
Publisher : Oxford University Press
Page : 305 pages
File Size : 55,6 Mb
Release : 2023-07-20
Category : Law
ISBN : 9780198873235

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International Norm Disputes by Lisbeth Zimmermann,Professor for International Institutions and Peace Processes Lisbeth Zimmermann,Chair of International Relations and Theories of Global Order Nicole Deitelhoff,Nicole Deitelhoff,Max Lesch,Postdoctoral Researcher Max Lesch,Antonio Arcudi,Anton Peez Pdf

International Norm Disputes: The Link between Contestation and Norm Robustness offers a rich, comparative study of when and why contested international norms decline. It presents central findings on the link between contestation and norm robustness based on four detailed, contemporary case studies - the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the International Criminal Court, and the moratorium on commercial whaling. It also includes two historical case studies - privateering and the transatlantic slave trade. This scholarly volume provides in-depth knowledge on contestation and robustness dynamics of central international norms. Having meticulously collected relevant data and conducted extensive qualitative coding, the authors clearly demonstrate that norms are likely to weaken when challengers contest the validity of a norm's core claims but remain robust when they contest a norm's application and contestation does not become permanent. These important findings, comparatively presented here for the first time, are crucial for understanding the much-discussed problems of the contemporary liberal international order. The insights provided establish how different types of challenges will affect global governance mechanisms and which conditions are most likely to create fundamental change.

International Human Rights Law in a Global Context

Author : Felipe Gómez Isa,Koen de Feyter
Publisher : Universidad de Deusto
Page : 974 pages
File Size : 53,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9788498308136

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International Human Rights Law in a Global Context by Felipe Gómez Isa,Koen de Feyter Pdf

The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

Advocacy and Change in International Organizations

Author : Oksamytna
Publisher : Oxford University Press
Page : 305 pages
File Size : 53,7 Mb
Release : 2023-09-21
Category : Political Science
ISBN : 9780192857507

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Advocacy and Change in International Organizations by Oksamytna Pdf

How do international organizations change? Many organizations expand into new areas or abandon programmes of work. Advocacy and Change in International Organizations argues that they do so not only at the collective direction of member states. Advocacy is a crucial but overlooked source of change in international organizations. Different actors can advocate for change: national diplomats, international bureaucrats, external experts, or civil society activists. They can use one of three advocacy strategies: social pressure, persuasion, and 'authority talk'. The success of each strategy depends on the presence of favourable conditions related to characteristics of advocates, targets, issues, and context. Institutionalization of new issues in international organizations as a multi-stage process, often accompanied by contestation. This book demonstrates how the advocacy-focused framework explains the origins of three workstreams of contemporary UN peacekeeping operations: communication, protection, and reconstruction. The issue of strategic communications was promoted by UN officials through the strategy of persuasion. Protection of civilians emerged due to a partially successful social influence campaign by a coalition of elected Security Council members and a subsequent (and successful) persuasion efforts by Canada. Quick impact projects entered peacekeepers' practice as the result of 'authority talk' by an expert panel. The three issues illustrate the diversity of pathways to change in international organizations, representing the top-down, bottom-up, and outside-in pathways. Moreover, they have achieved different degrees of institutionalization in UN's policies, structures, and frameworks: protection of civilians is the most institutionalized, as evidenced by measures to hold peacekeepers accountable for non-implementation, while quick impact projects are the least institutionalized.