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Author: Myres S. McDougal
Publisher: Oxford University Press, USA
ISBN: 0190882638
Category : Law
Languages : en
Pages : 1137
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Book Description
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Author: Myres S. McDougal
Publisher: Oxford University Press, USA
ISBN: 0190882638
Category : Law
Languages : en
Pages : 1137
Get Book
Book Description
In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Author: Zena Prodromou
Publisher: Kluwer Law International B.V.
ISBN: 9403520019
Category : Law
Languages : en
Pages : 313
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Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author: Myres Smith McDougal
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages :
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Book Description
Author: Myres Smith McDougal
Publisher:
ISBN:
Category : Human rights
Languages : en
Pages : 81
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Book Description
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: Bhagevatula Satyanarayana Murty
Publisher: Martinus Nijhoff Publishers
ISBN: 9780898389043
Category : Political Science
Languages : en
Pages : 392
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Book Description
Author: Gordon Brown
Publisher: Open Book Publishers
ISBN: 1783742216
Category : Political Science
Languages : en
Pages : 146
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Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Author: William F. Felice
Publisher: Rowman & Littlefield
ISBN: 1538129337
Category : Political Science
Languages : en
Pages : 453
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Book Description
This powerful and empowering text offers a way forward for alleviating human suffering, presenting a realistic roadmap for enhanced global governance that can create workable solutions to mass poverty. William Felice and Diana Fuguitt emphasize the critical links between international human rights law, international political economy, and global organizations to formulate effective public policy to alleviate human suffering and protect basic human rights for all. They introduce students to the key legal and economic concepts central to economic and social human rights, including the right to education, a healthy environment, food, basic health care, housing, and clean water. They analyze the legal approaches undertaken by the United Nations and explain the key theories of international political economy (including liberalism, nationalism, and structuralism) and central economic concepts (including global public goods, economic equality, and the capabilities approach). In the last decade, a backlash against economic globalization has been fueled by a variety of politicians around the world. A resurgent nationalism is often pitted against international organizations and frameworks for global cooperation. In this new edition, Felice and Fuguitt account for how the current global political climate has affected national and global policies for the provision of public goods and the protection of human rights. They focus on practical policies and actions that both state and nonstate actors can take to uphold economic and social rights. As the first book to integrate these legal and economic approaches, it provides a practical path to action for students, academics, and policy makers alike.
Author: Anna-Lena Svensson-McCarthy
Publisher: BRILL
ISBN: 9004479317
Category : Law
Languages : en
Pages : 808
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Book Description
This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
Author: Jack Donnelly
Publisher: Cornell University Press
ISBN: 9780801487767
Category : Law
Languages : en
Pages : 308
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Book Description
(unseen), $12.95. Donnelly explicates and defends an account of human rights as universal rights. Considering the competing claims of the universality, particularity, and relativity of human rights, he argues that the historical contingency and particularity of human rights is completely compatible with a conception of human rights as universal moral rights, and thus does not require the acceptance of claims of cultural relativism. The book moves between theoretical argument and historical practice. Rigorous and tightly-reasoned, material and perspectives from many disciplines are incorporated. Paper edition Annotation copyrighted by Book News, Inc., Portland, OR
