The Twilight Of Human Rights Law

Author: Eric Posner
Publisher: Oxford University Press
ISBN: 0199313466
Size: 80.49 MB
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Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

The Cambridge Companion To Human Rights Law

Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 110701624X
Size: 28.14 MB
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Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.

The Perils Of Global Legalism

Author: Eric A. Posner
Publisher: University of Chicago Press
ISBN: 0226675920
Size: 65.24 MB
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The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests. With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.

The Endtimes Of Human Rights

Author: Stephen Hopgood
Publisher: Cornell University Press
ISBN: 0801469309
Size: 65.66 MB
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"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.

Inventing Human Rights A History

Author: Lynn Hunt
Publisher: W. W. Norton & Company
ISBN: 9780393069723
Size: 19.12 MB
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“A tour de force.”—Gordon S. Wood, New York Times Book Review How were human rights invented, and how does their tumultuous history influence their perception and our ability to protect them today? From Professor Lynn Hunt comes this extraordinary cultural and intellectual history, which traces the roots of human rights to the rejection of torture as a means for finding the truth. She demonstrates how ideas of human relationships portrayed in novels and art helped spread these new ideals and how human rights continue to be contested today.

The Last Utopia

Author: Samuel Moyn
Publisher: Harvard University Press
ISBN: 0674058542
Size: 73.80 MB
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Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future.

Global Political Philosophy

Author: M. Risse
Publisher: Springer
ISBN: 1137283440
Size: 78.19 MB
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Risse takes a refreshingly different approach to understanding the important and topical debates in the subject through the lens of issues of global reach such as justice, human rights, fair trade and immigration, focusing on normative questions that arise about globalization.

War Law

Author: Michael Byers
Publisher: Grove/Atlantic, Inc.
ISBN: 9781555848460
Size: 78.85 MB
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International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by U.S. forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike.

The Meanings Of Rights

Author: Costas Douzinas
Publisher: Cambridge University Press
ISBN: 1107027853
Size: 40.77 MB
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Questioning some of the repetitive and narrow theoretical writings on rights, a group of leading intellectuals examine human rights from philosophical, theological, historical, literary and political perspectives.

Ideal Illusions

Author: James Peck
Publisher: Metropolitan Books
ISBN: 9781429991568
Size: 43.53 MB
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From a noted historian and foreign-policy analyst, a groundbreaking critique of the troubling symbiosis between Washington and the human rights movement The United States has long been hailed as a powerful force for global human rights. Now, drawing on thousands of documents from the CIA, the National Security Council, the Pentagon, and development agencies, James Peck shows in blunt detail how Washington has shaped human rights into a potent ideological weapon for purposes having little to do with rights—and everything to do with furthering America's global reach. Using the words of Washington's leaders when they are speaking among themselves, Peck tracks the rise of human rights from its dismissal in the cold war years as "fuzzy minded" to its calculated adoption, after the Vietnam War, as a rationale for American foreign engagement. He considers such milestones as the fight for Soviet dissidents, Tiananmen Square, and today's war on terror, exposing in the process how the human rights movement has too often failed to challenge Washington's strategies. A gripping and elegant work of analysis, Ideal Illusions argues that the movement must break free from Washington if it is to develop a truly uncompromising critique of power in all its forms.