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International Human Rights in Context Law, Politics, Morals
By
Philip Alston, Ryan Goodman, Henry J. Steiner
Description
* 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.
Online Resource Centre
The third edition is accompanied by a
new Online Resource Centre housing a documents supplement, a
selection of documents essential to an understanding of materials in
different parts of the coursebook.
Readership: Students taking
courses in international human rights, international law and human
rights, as well as international relations.
Contents
PART A INTRODUCTORY NOTIONS AND
BACKGROUND TO INTERNATIONAL HUMAN RIGHTS MOVEMENT
1. Human rights concepts and discourse
2. Background to and Postwar Creation
of the Human Rights Movement
PART B NORMATIVE FOUNDATION OF
INTERNATIONAL HUMAN RIGHTS
3. Civil and political rights
4. Economic and social rights
5. National security, terrorism, and
derogations of human rights
PART C RIGHTS, DUTIES AND
UNIVERSALISM
6. Rights or duties as primary
organizing concepts
7. Conflicts in culture, tradition and
practices
PART D INTERNATIONAL HUMAN RIGHTS
INSTITUTIONS
8. International institutions and
challenges to notions of sovereignty
9. The UN human rights system
10. Treaty organs: the ICCPR human
rights committee
11. Regional arrangements
PART E STATES AS PROTECTORS AND
ENFORCERS OF HUMAN RIGHTS
12. Vertical interpretation: human
rights treaties within states\\\' legal and political orders
13. Horizontal interpretation:
transnational influence and enforcement of human rights
PART F CURRENT TOPICS
14. Massive human rights tragedies:
prosecutions and truth commissions
15. Autonomy regimes
16. Non-state actors and human rights
17. Human rights and development,
finance and trade
Authors, editors, and contributors
Henry J. Steiner, Harvard Law
School, Harvard University
Philip Alston, New York
University Law School and
Ryan Goodman, Harvard Law
School, Harvard University
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