The Sovereignty Of Human Rights
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The Sovereignty Of Human Rights
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Author : Patrick Macklem
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Sovereignty Of Human Rights written by Patrick Macklem and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
The Sovereignty Of Human Rights
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Author : Patrick Macklem
language : en
Publisher:
Release Date : 2017
The Sovereignty Of Human Rights written by Patrick Macklem and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
This essay is a reply to four critiques of the thesis advanced in The Sovereignty of Human Rights, which are to be published in a special issue of the Jerusalem Review of Legal Studies. The first claims that practices associated with human rights in the international arena bear a loose conceptual and methodological relationship to the role that the book ascribes to human rights in international law. The second highlights the practice of actors who circumvent the state to engage directly with multinational corporate human rights abuses, which The Sovereignty of Human Rights fails to treat as salient to the theoretical architecture of international human rights law. The third characterizes the book's account of the right to development as, at best, an optimistic overstatement of its efficacy and, at worst, a hindrance to development efforts by states at the receiving end of international assistance. The final contribution explores the under-theorized relationship between the book's thesis and the burgeoning scholarship on global constitutionalism, implicitly suggesting that it underplayed the hand that it dealt itself. Each is addressed in turn.
Human Rights In The Emerging Global Order
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Author : K. Mills
language : en
Publisher: Springer
Release Date : 1998-09-14
Human Rights In The Emerging Global Order written by K. Mills and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-09-14 with Political Science categories.
Mills focuses on one of the most significant parts of the sovereignty debate on human rights and humanitarian issues and raises three interrelated questions. First, how are empirical processes and practices undermining traditional notions of sovereignty? These include actions by the United Nations and other organizations on behalf of human rights, such as humanitarian intervention, the movements of refugees and others across the borders, and increasing calls for communal self-determination. Second, taking into account the above question, and examining these issues from a normative political theory perspective, what should be the relationship between individuals, groups, states, and the international community with respect to the twin aspects of power and authority inherent in sovereignty? Third, what new or modified international institutions may be needed in the future to deal with these humanitarian issues?
Human Rights And The Food Sovereignty Movement
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Author : Priscilla Claeys
language : en
Publisher: Routledge
Release Date : 2015-01-09
Human Rights And The Food Sovereignty Movement written by Priscilla Claeys and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-09 with Nature categories.
Our global food system is undergoing rapid change. Since the global food crisis of 2007-2008, a range of new issues have come to public attention, such as land grabbing, food prices volatility, agrofuels and climate change. Peasant social movements are trying to respond to these challenges by organizing from the local to the global to demand food sovereignty. As the transnational agrarian movement La Via Campesina celebrates its 20th anniversary, this book takes stock of the movement’s achievements and reflects on challenges for the future. It provides an in-depth analysis of the movement’s vision and strategies, and shows how it has contributed not only to the emergence of an alternative development paradigm but also of an alternative conception of human rights. The book assesses efforts to achieve the international recognition of new human rights for peasants at the international level, namely the 'right to food sovereignty' and 'peasants’ rights'. It explores why La Via Campesina was successful in mobilizing a human rights discourse in its struggle against neoliberalism, and also the limitations and potential pitfalls of using the human rights framework. The book shows that, to inject subversive potential in their rights-based claims rural social activists developed an alternative conception of rights, that is more plural, less statist, less individualistic, and more multi-cultural than dominant conceptions of human rights. Further, they deployed a combination of institutional (from above) and extrainstitutional (from below) strategies to demand new rights and reinforce grassroots mobilization through rights.
Human Rights For The 21st Century
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Author : Helen Stacy
language : en
Publisher: Stanford University Press
Release Date : 2009-02-05
Human Rights For The 21st Century written by Helen Stacy and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-02-05 with Political Science categories.
Considers the legal, moral and pragmatic issues at stake when international standards of human rights are trumped by culture and politics, and proposes new approaches to fill the gaps in current human rights theories and practice, namely relational sovereignty, reciprocal adjudication, and regional human rights courts.
Negotiating Sovereignty And Human Rights
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Author : Michaelene Cox
language : en
Publisher: Routledge
Release Date : 2016-04-22
Negotiating Sovereignty And Human Rights written by Michaelene Cox and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Political Science categories.
Providing an overview of institutional developments and innovations in human rights politics, this volume discusses some of the most important current and emerging human rights issues. It takes stock of the initiatives, policy responses and innovations of past years to identify some of the challenges that will likely require bold and innovative solutions. The contributors focus on actors and/or issues that are outside the mainstream of international human rights politics; the chapters address issues that have only emerged as an important part of the international human rights agenda and generated much advocacy, diplomacy and negotiations since the end of the Cold War. These issues include: the International Criminal Court, the norm of Responsibility to Protect (R2P), the proliferation of small arms and light weapons and its human rights impact, truth commissions, and the rights of persons with disabilities. The contributions offer a direct challenge to entrenched notions of state sovereignty and represent a departure from established ways of policy making.
Human Rights And State Sovereignty
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Author : Richard A. Falk
language : en
Publisher: New York : Holmes & Meier Publishers
Release Date : 1981
Human Rights And State Sovereignty written by Richard A. Falk and has been published by New York : Holmes & Meier Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Political Science categories.
Definition And Development Of Human Rights And Popular Sovereignty In Europe
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 2011-01-01
Definition And Development Of Human Rights And Popular Sovereignty In Europe written by European Commission for Democracy through Law and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Parliamentary Sovereignty And The Human Rights Act
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Author : Alison L Young
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-12-05
Parliamentary Sovereignty And The Human Rights Act written by Alison L Young and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-05 with Law categories.
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.
Changing Perceptions Of Sovereignty And Human Rights
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Author : Ineke Boerefijn
language : en
Publisher:
Release Date : 2008
Changing Perceptions Of Sovereignty And Human Rights written by Ineke Boerefijn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Human rights categories.
On October 1, 2007, professor Cees Flinterman retired as director of the Netherlands Institute of Human Rights and the School of Human Rights Research. This book is a liber amicorum, dedicated to the work and person of Cees Flinterman. Some 30 colleagues, all experts in the field of international human rights law, have made contributions to the book. The central theme of this edited volume is the changing relationship between state sovereignty and human rights. The specific themes selected reflect the specific academic interests of Cees Flinterman, and include the African human rights system, monitoring of human rights, women's human rights, economic rights, social rights, cultural rights, the United Nations human rights system, and the role of human rights in times of conflict.