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Author: Dorothy Estrada-Tanck
Publisher: Hart Publishing
ISBN: 9781509928804
Category : Law
Languages : en
Pages : 0
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Book Description
Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
Author: Dorothy Estrada-Tanck
Publisher: Hart Publishing
ISBN: 9781509928804
Category : Law
Languages : en
Pages : 0
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Book Description
Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
Author: Gerd Oberleitner
Publisher: Edward Elgar Publishing
ISBN: 9781800376960
Category :
Languages : en
Pages : 0
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Book Description
This comprehensive Research Handbook considers the place of human security, both in practice and as a concept, within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law's purpose. Contributions by leading authors in the field, critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law, from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law. Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.
Author: Bertrand G. Ramcharan
Publisher: BRILL
ISBN: 9004303146
Category : Law
Languages : en
Pages : 300
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Book Description
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
Author: Emma MacLean
Publisher:
ISBN: 9780415678513
Category : Law
Languages : en
Pages : 208
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Book Description
This book evaluates how far the UN has embraced human security as a policy agenda and explores its relevance for international law. The extent to which the UN has embraced human security as a viable policy agenda has implications and consequences for international law, such as the challenge to basal precepts including the principle of non-intervention. Equally, determining the relevance of human security for international law speaks to the extent to which the UN operates as a norm giver and, ultimately, a law-giver in the international landscape. Thus, the study is situated within a broader assessment of the interaction between the UN and international law. Drawing on International Relations theories, especially critical security studies, and on trends in international law and constitutionalism, amongst others, the book addresses the following questions: the contribution of the UN to the development of the idea of human security; the extent to which, if at all, the UN has translated human security into practice; whether the UN is an appropriate forum for pursuing a human security policy agenda; whether human security is expressed in international law and, if so, what prospects and challenges face human security in such an environment. There is a clear dissonance between the rhetoric and reality of human security as seen by the fact that as the UN endorsed human security at the 2005 World Summit, the African Union was convening the sixth round of peace talks on the crisis in Darfur. The disjuncture between word and deed exposes a fundamental question as to the role of the UN and law in the international landscape. In short, the book resides at the intersection between idealism and realism and ultimately offers a prognosis of the capacity of the UN - normative, including international law, operational and institutional - to pursue a human security policy agenda. This interdisciplinary book will be of much interest to students of human security, international law, critical security, human rights and IR in general.
Author: Walter Kälin
Publisher: Oxford University Press, USA
ISBN: 0198825684
Category : Law
Languages : en
Pages : 641
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Book Description
At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.
Author: Cedric Ryngaert
Publisher:
ISBN: 9781780682006
Category : Human security
Languages : en
Pages : 0
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Book Description
In 1994, the United Nations Development Program (UNDP) coined the term 'human security' in the seminal UNDP Human Development Report. This report approached 'security' for the first time from a holistic perspective: security would no longer be viewed from a purely military perspective, but rather it would encapsulate economic, food, health, environmental, personal, community, and political security. Although the concept of human security accords a higher status to individual interests rather than to governmental interests, human security discourses have continually emphasized the central role of States as providers of human security. This volume challenges this paradigm and highlights the part played by non-State actors in threatening human security, as well as in rescuing or providing relief to those whose human security is endangered. The book does so from a legal perspective, (international) law being one of the instruments used to realize human security, as well as being a material source or guiding principle for the formation of human security-enhancing policies. In particular, the book critically discusses how various non-State actors - such as armed opposition groups, multinational corporations, private military/security companies, non-governmental organizations, and national human rights institutions - participate in the construction of such policies and how they are held legally accountable for their adverse impact on human security. (Series: International Law - Vol. 12)
Author: Barbara von Tigerstrom
Publisher: Bloomsbury Publishing
ISBN: 1847313868
Category : Law
Languages : en
Pages : 256
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Book Description
The concept of 'human security' has influenced discourse and practice and has been the subject of vigorous debate. Despite its relevance to central questions of international law, human security has until recently received little attention from international lawyers. This book has two related goals: to evaluate human security as a concept that could be used in the analysis of international law, and to determine what insights about a human security approach might be gained by considering it from the perspective of international law. The first part of the book examines the evolution and meanings of the concept and its links with existing theories and principles of international law. The second part explores the ways in which human security has been and could be used in relation to the diverse topics of humanitarian intervention, internally displaced persons, small arms control, and global public health. The analysis sheds new light on debates about the concept's potential and limitations.
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: Norman Weiß
Publisher: Springer
ISBN: 3319120212
Category : Law
Languages : en
Pages : 248
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Book Description
This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
Author: Helena Torroja
Publisher: Springer
ISBN: 3319660985
Category : Law
Languages : en
Pages : 158
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Book Description
This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs’ impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.
