Henry J. Steiner: International Human Rights in Context: Law, Politics, Morals
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Жанр : Oxford University Press
Издательство : Oxford University Press
Год издания : 2007
Аннотация:
• Lucid analysis of the subject in its socio-political context, chartering the development of human rights, whilst tackling today's debates and dilemmas, providing students with stimulating and thought-provoking commentary • Diverse range of materials alongside extensive text and editorial commentary, making this the definitive teaching and research tool • Questions are embedded throughout the text to encourage deeper reflection and critical enquiry • The authors are the leading figures in the field and provide students with an unmatched level of authority and accuracy New to this edition • Terrorism, national security, and human rights: Two parts of the book address this post-9/11 theme. Chapter 3, devoted to civil and political rights, examines the question of torture as broadly understood and resolved within the human rights framework before 9/11, as well as the practices, normative claims and questions that have subsequently arisen. In addition, an entirely new Chapter 5 addresses questions related to detention (including Guantanamo) and fair trial, the effects of national security concerns on economic and social rights, and justifications for emergency-based derogations. • New tasks and recent and proposed reforms of UN human rights institutions: The book discusses the new Human Rights Council, and its relation to the prior Commission and to special procedures and treaty bodies. It examines the developing role of the Security Council with respect to human rights concerns and the ongoing debate over the possibility of reforming the Council's membership and arrangements for the veto power. The expanding role of the High Commissioner is also considered. • Human rights law in relation to humanitarian laws of war: The book expands and deepens the discussion in the second edition about customary humanitarian norms, the Geneva Conventions and the Protocols. They are relevant to the ICTs' caselaw, but also to broader themes like terrorism and human rights. Chapter 5 examines the similarities and differences between relevant aspects of human rights law and humanitarian law. • Non-state actors and human rights: Chapter 16 deals exclusively with this topic, which becomes more important as older boundaries between state (public) and non-state (private) actors and their conduct erode. The theme addresses both human rights law, especially in terms of corporate obligations, and humanitarian law with respect to rebellious and terrorist groups. While examining these topics, it examines «soft law» and the myriad ways in which international human rights law now develops. • Exceptionalism: The term has become associated with a state's distinguishing itself from most other states with respect to its willingness to participate in, or to be considered otherwise subject to, particular kinds of international human rights or humanitarian law. The United States is broadly discussed as a current example. The theme arises in different parts of the book, particularly with respect to issues of capital punishment and detention-torture. • Thought about international organizations and their modes of influence on state behavior: The book examines jurisprudential and political characterizations of these organizations, as well as ways other than use of force by which they can influence state conduct. • The substantial expansion of materials on international criminal law represents in effect a new topic, including for example, the ICC, hybrid tribunals, traditional justice like Gacaca courts, and issues of sovereign and official immunity • Documentary Annex containing the edited text of all treaties, declarations, constitutions and other official documents to which recourse must frequently be made in relation to the book's materials formerly appeared at the end of the book. In the new edition, it is set forth in a website now being developed, and will be amended as useful during the life of this edition. • The Documentary Annex containing the edited text of all treaties, declarations, constitutions and other official documents to which recourse must frequently be made in relation to the book's materials has been moved to a new accompanying website to allow for frequent updates The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of international human rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rights students, scholars, advocates and practitioners alike.