International Human Rights Law
Returning to Universal Principles
Seiten
2015
|
Second Edition
Rowman & Littlefield (Verlag)
978-1-4422-4909-7 (ISBN)
Rowman & Littlefield (Verlag)
978-1-4422-4909-7 (ISBN)
This clear and compelling text offers a vastly different approach to human rights. Arguing that not only are human rights universal, but so are the obligations to protect these rights, Mark Gibney concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on.
This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights enforcement, unquestionably the weakest aspect of international human rights law. He proposes several practical models that could begin to provide victims the “effective remedy” promised by the law itself. The book concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on. And rather than witnessing the end of human rights—as some have suggested—we should see our times as the true beginning.
This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights enforcement, unquestionably the weakest aspect of international human rights law. He proposes several practical models that could begin to provide victims the “effective remedy” promised by the law itself. The book concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on. And rather than witnessing the end of human rights—as some have suggested—we should see our times as the true beginning.
Mark Gibney is Belk Distinguished Professor in the Department of Political Science at the University of North Carolina at Asheville and Raoul Wallenberg Visiting Professor of Human Rights and Humanitarian Law at Lund University.
Preface: The Nightmare
Introduction
Step One: Responsibility
Step Two: Territory
Step Three: Accountability
Step Four: Remedy
Conclusion: The End of Human Rights—or Just the Start?
About the Author
| Verlagsort | Lanham, MD |
|---|---|
| Sprache | englisch |
| Maße | 161 x 236 mm |
| Gewicht | 381 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Verfassungsrecht | |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| Sozialwissenschaften ► Politik / Verwaltung | |
| ISBN-10 | 1-4422-4909-9 / 1442249099 |
| ISBN-13 | 978-1-4422-4909-7 / 9781442249097 |
| Zustand | Neuware |
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