International Human Rights Law

Analyses in detail the strengths and weaknesses of the UN human rights treaty system.

Human rights and the rule of law are regarded as cornerstones of the European Union, playing a key role in the internal order of the EU and with regard to accession. Official publications promote this role internationally, and the legalistic approach of the EU has been contrasted... with the projection of political and military power by the USA, Russia or China. But to what extent does this reflect reality when it comes to the protection of human rights on the global level? Following on from the 2008 Kadi-decision by the European Court of Justice, which has been widely discussed as possibly creating a conflict between the UN and the EU, this book explores whether the EU's human rights order has real and distinctive relevance on a global scale and whether it can be considered as a significant international human rights organisation. The contributions to this volume are clustered around four themes: the EU human rights policies in international institutions; the influence of EU human rights law outside of Europe; whether the EU human rights order has set new substantive rules which are different from other international/regional standards; and the relationship between human rights and economic goals in the EU.
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The European Court of Human Rights has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. Af...ter their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of central and eastern Europe flocked to the Convention system. However, now the 'gold rush' is over, the Court's position in the 'New Europe' is under threat. Its ability to decide cases promptly is almost fatally compromised, and the reform of its institutional architecture is effectively blocked by Russia. The time is right to take stock, to benefit from hindsight, and to consider how the Court can respond to the situation. This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. Focusing firmly on the substantive jurisprudence of the Court, the book analyses how it has responded to the difficult and distinct circumstances presented by the new Contracting Parties. Faced with different stages of, and commitments to, democratic transition, how has the Court reacted to such diversity whilst maintaining the universality of human rights -- and how is this reflected in its judgments? The book tackles this question by matching rigorous doctrinal analysis of the case law with new developments in critical thinking. The cases are viewed through the prism of jurisprudence and political philosophy, with links made to European political integration and other international human rights systems. The book offers an original explanation of the Court's predicament by drawing upon 'thick' and 'thin' notions of morality and tying this to notions of essential contestability. James A. Sweeney is a Lecturer at Durham University.
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Takes a multi-disciplinary approach to the various directions for human rights. This title looks beyond what international human rights treaties have established and considers the context in which rights in the twenty-first century might develop to meet needs. It examines how int...ernational law might be utilized to protect groups.
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Bridging the contending theories of natural law and international relations, this book proposes a 'relational ontology' as the basis for rethinking our approach to international politics. It challenges the conventional interpretation of natural law as necessarily and intractably ...theological, and the dominant conception of international relations.
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