The role and influence human rights in society has been enhanced by its association with international law and yet despite this legal springboard, the scope of its legal nature remains uncertain. By analysing the work of international human rights courts and treaty bodies alongside a brief historical review, this book assesses the distinctive legal dimension of human rights. It concludes that the legalisation of human rights is an unplanned and evolving social construct that continues under the managerial oversight of international human rights courts and treaty bodies which employ the primary tool of treaty interpretation. These characteristics of the legal environment of human rights in international law provide a good appreciation of the law itself and its limits.
Emergencies are extreme events which threaten to cause massive disruption to society and negatively affect the physical and psychological well-being of its members. They raise important practical and theoretical questions about how we should treat each other in times of ’crisis’. The articles selected for this volume focus on the nature and significance of emergencies; ethical issues in emergency public policy and law; war, terrorism and supreme emergencies; and public health and humanitarian emergencies. Together they demonstrate the normative implications of emergencies and provide multi-disciplinary perspectives on the ethics of emergency response.
The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
Must we fight terrorism with terror, match assassination with assassination, and torture with torture? Must we sacrifice civil liberty to protect public safety? In the age of terrorism, the temptations of ruthlessness can be overwhelming. But we are pulled in the other direction too by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hard-headed idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today. Ignatieff argues that we must not shrink from the use of violence--that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil. In making this case, Ignatieff traces the modern history of terrorism and counter-terrorism, from the nihilists of Czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but--just as important--restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent. The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003.
The relationship between human rights and cultural diversity has been much debated with a doctrinal divide among some of the most influential scholarly works into so-called relativists for whom culture is the key determinant of human rights policy and universalists for whom culture distorts the universal ideals of international human rights. This book offers an innovative and original approach to the theoretical debate between universalists and relativists. The book proposes a different evidence-based approach as an alternative to the existing abstract theorization concerning cultural diversity and the universal respect for human rights. Michael Addo argues that the debate has ignored or marginalized the crucial factor of the legal character of modern human rights. He demonstrates how today a distinct legal standard of human rights exists, alongside the long-established political or philosophical perspectives and this legal approach, far more than the political, religious or philosophical approaches to human rights, recognizes the complementarity between modern human rights norms and cultural diversity. The inspiration for this approach to human rights and cultural diversity, referred to as the compatibility approach, is drawn from over half a century of practice in the international human rights institutions that are mandated to oversee national implementation of international human rights obligations. Particular attention is paid to the practice of the United Nations treaty bodies, the European Court of Human Rights, the Inter-American Court and Commission of Human Rights, the African Commission on Human and Peoples' Rights as well as the United Nations Human Rights Council. The book shows how these institutions have developed standards and principles for reconciling cultural diversity with universal human rights ideals set out in international human rights law. The compatibility approach is an evolving one which continues to respond to the changing emphasis in national and international best practice. This means that the oversight institutions continue to explore interpretations that are sensitive to cultural diversity and practices that support the realization of human rights guarantees. The institutions are similarly firm in their rejection of harmful cultural practices. The central importance of the concept of harm in the determination of which cultural practices are compatible with the universal respect for human rights is explored.
A distinct legal perspective of human rights has evolved alongside the traditional recognition as politics or philosophy. As an evolving social construct under the managerial direction of international human rights courts and treaty bodies, it provides a good framework in which to appreciate the substantive law.
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