Many theories and propositions have been advanced on the tacit assumption that international law encompasses the protection of human rights. Very few, if any, question the validity of this position. Here is a book that does.
Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation-as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated.
Published under the Transnational Publishers imprint.
Rezensionen / Stimmen
For many years proponents of "human rights" have tried to convince statesmen that the moral imperatives that underlie the concept of "human rights" require enforcement by international legal order. But statesmen of sound moral convictions and humanitarian bent seem more inclined to use polemics to condemn the trespasses of others than to support the international institutions that might really transfer the moral imperatives into "law." In this book, Professor Watson clearly and forcefully explains why.
Alfred P. Rubin,
Fletcher School of Law and Diplomacy
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 239 mm
Breite: 163 mm
Dicke: 30 mm
Gewicht
ISBN-13
978-1-57105-097-7 (9781571050977)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
J. Shand Watson is Professor of Law at Mercer University.
Acknowledgments; Preface; Chapter I. The Gap Between Theory and Reality; Chapter II. State Practice and Consent in the Choice of Legal Theory; Chapter III. Coercion, and the Motivation to Comply with Human Rights Norms; Chapter IV. Custom as the True Practice of States; Chapter V. General Assembly Resolutions as a Source of Human Rights; Chapter VI. Treaties, Obligation, and Nonenforcement; Chapter VII. Subsidiary Sources; Chapter VIII. Domestic Jurisdiction versus International Jurisdiction; Chapter IX. Humanitarian Intervention and
Nonenforcement; Chapter X. The Role of Natural Law and Natural Rights; Chapter XI. The Efficacy of Domestic Secondary Norms; Index
