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Research Methods for International Human Rights Law
The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case, it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended through the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.
eBook
Norms in Conflict
The people of Myanmar were struck by three major human rights
disasters during the country's period of democratization from 2003
to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone
Nargis in 2008, and the 2012 Rakhine riots, which would evolve into
the ongoing Rohingya crisis. These events saw Myanmar's government
categorically labeled as an offender of human rights, and three
powerful Southeast Asian member states-Indonesia, Thailand, and
Malaysia-responded to the violations in very different ways. In
each case, their responses to the crises were explicitly shaped by
norm conflict, which may be understood as a tension between
international and domestic norms. Their reactions were compelled by
a need to address conflicting domestic and international
expectations for norm compliance regarding human rights protection
and non-interference in internal affairs.
In Norms in Conflict: Southeast Asia's Response to
Human Rights Violations in Myanmar, Anchalee Rüland makes
sense of state action that occurs when a governing body is faced
with a circumstance that is at once in line with and contrary to
its own governing policies. She defines five different types of
response strategies to situations of norm conflict and examines the
enabling factors that lead to each strategy. Domestic norms are
known to evolve as a country's values change over time yet Rüland
argues that the old and new norms may also coexist; knowledge of
the underlying political context is crucial for those seeking a
solid understanding of state behavior. Norms in Conflict
challenges the conventional understanding of the logic of
consequences in determining state behavior, advancing
constructivist theory and establishing a provocative new
conversation in international relations discourse.
eBook
Culture and human rights : the Wroclaw commentaries
The City of Wroclaw, in cooperation with the National Cultural Centre (Warsaw), has asked Andreas Joh. Wiesand to prepare, together with experts from many different countries, a basic handbook which cover all relevant legal questions as well as main political consequences related to human rights and culture. The publication is to be presented in the context of the programme for Wroclaw, European Capital of Culture 2016 -- Source other than Library of Congress.
Book
Criminal Theory and International Human Rights Law
The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions.
The work builds upon and adds value to existing literature by bringing together two fields of study - international human rights law and criminal theory - that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis.
The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
eBook
International law and the protection of people at sea
From the actions of Somali pirates to the fate of asylum seekers in the Mediterranean, the rights of those at sea is of vital importance. The first book to comprehensively analyse the legal status of seafarers and sea-travellers, Papanicolopulu's timely text provides a compelling argument for the responsibility of the state to protect those at sea.
Book
Three moments in the history of the ius gentium (1500-1700) : an essay on the evolution of the right of peoples
At the foundation of international law lies the notion of ius gentium or right of peoples, an idea that fully came into its own with the discovery of America and the effort to resolve the moral issues posed by the Spanish presence. Once Vitoria broadened the Augustinian concept of an international community by proposing the use of reason as the only criterion for membership in that community, it remained to formulate the laws needed to impose order on it. But before accomplishing that task, two questions must be accounted for: what is the nature of the ius gentium, and what is its relation to ius naturale? How theologians, philosophers, jurists sought the answers between 1500 and 1700 is the subject of this essay.
eBook
International human rights law and discrimination protections : a comparison of regional and national responses
\"Non-discrimination is a fundamental principle of international human rights law. This volume discusses the international legal framework on this principle and comparatively elaborates the definition of discrimination as well as the grounds of discrimination in the various general and specialised international human rights treaties, including the International Labour Organisation conventions. The element of special measures as an integral aspect of this principle is also raised. A comparative discussion on the incorporation of international standards on the principle of non-discrimination established in the international treaties in regional as well as national human rights frameworks is also set forth to provide practical illustrations of the application of these standards in more specific and localised perspectives. Selected regional frameworks discussed are the African, American and European human rights regional frameworks and the national frameworks are South Africa and Brazil\"--Back cover.
Book
The Rule of Law at the National and International Levels
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level. Volume 56 in the series Studies in International Law
eBook