International Protection of Human Rights
Published on 3. August 2017
Book
Hardback
834 pages
978-90-04-33847-0 (ISBN)
Description
Are there unique aspects to human rights scholarship in the United States or does the body of work only manifest the participation of US scholars in a global epistemic community of human rights advocates? What contributions have US authors made to the development of human rights law, its norms and standards, implementation and enforcement?
The contributions selected for inclusion in American Classics in International Law: International Protection of Human Rights, edited by Dinah Shelton, reveals themes, approaches, and analyses that have advanced human rights in ways that reflect specificities of US culture, politics and legal education. The selections also reflect a pragmatic approach, seeing human rights as needing protection in the national interest because failure to ensure them would threaten peace and US security. This volume invokes themes such as the interaction of humanitarian and self-interested motives for advancing specific human rights or human rights in general, the intertwining of academic and popular writings, and examines legal advocacy and practice and the interdisciplinary focus of US scholarship.
The contributions selected for inclusion in American Classics in International Law: International Protection of Human Rights, edited by Dinah Shelton, reveals themes, approaches, and analyses that have advanced human rights in ways that reflect specificities of US culture, politics and legal education. The selections also reflect a pragmatic approach, seeing human rights as needing protection in the national interest because failure to ensure them would threaten peace and US security. This volume invokes themes such as the interaction of humanitarian and self-interested motives for advancing specific human rights or human rights in general, the intertwining of academic and popular writings, and examines legal advocacy and practice and the interdisciplinary focus of US scholarship.
More details
Series
Edition
xiv, 820 pp.
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 241 mm
Width: 159 mm
Thickness: 53 mm
Weight
1287 gr
ISBN-13
978-90-04-33847-0 (9789004338470)
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 Classification
Person
Dinah Shelton is Emeritus Manatt/Ahn Professor at the George Washington University Law School. She served as a member of the Inter-American Commission on Human Rights (2010-2014) and in 2010 she was president of the Commission. She has published widely on international human rights law and in 2013 was awarded the Goler Butcher Prize in Human Rights.
Content
Foreword to American Classics in International Law
W. Michael Reisman
Introduction
Dinah Shelton
I. Laying the Foundations for Human Rights Law
1. Virginia Declaration of Rights (1776)
2. The Rights of Man (excerpts)(1791-1792)
Thomas Paine
3. Message of President James Monroe at the commencement of the first session of the 18th Congress (The Monroe Doctrine), December 2, 1823
James Monroe
4. Address of the President of the United States (Four Freedoms Speech) (1941)
Franklin Delano Roosevelt
5. The New International Law: Protection of the Rights of Individuals Rather than States
Louis B. Sohn
II. Identifying and Developing the Content of Human Rights
6. Genocide as a Crime under International Law
Raphael Lemkin
7. The Age of Rights (excerpts)
Louis Henkin
8. Basic Rights (excerpts)
Henry Shue
9. Human Rights, Environmental Rights, and the Right to Environment
Dinah Shelton
10. The Emerging Right to Democratic Governance
Thomas M. Franck
III. Identifying and Developing Obligations of States and Other Actors
11. Derogations from Human Rights Treaties in Public Emergencies
Joan F. Hartman
12. To Respect and to Ensure
Thomas Buergenthal
13. Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime
Diane F. Orentlicher
14. Sovereignty and Human Rights in Contemporary International Law
W. Michael Reisman
IV. Human Rights Law in Relation to United States Law and Policy
15. The Charter and the Constitution: The Human Rights Provisions in American Law
Oscar Schachter
16. Human Rights and US Foreign Policy: Two Levels, Two Worlds
David P. Forsythe
17. U.S. Ratification of Human Rights Conventions: The Ghost of Senator Bricker
Louis Henkin
18. Treaties, Human Rights, and Conditional Consent
Curtis A. Bradley and Jack L. Goldsmith
19. Invoking International Human Rights Law in Domestic Courts
Richard B. Lillich
V. Human Rights in International Organizations and Institutions
20. Human Rights in the United Nations
Myres S. McDougal and Gerhard Bebr
21. The International Court of Justice and the Human Rights Clauses of the Charter
Egon Schwelb
22. Toward a Theory of Effective Supranational Adjudication
Laurence R. Helfer and Anne-Marie Slaughter
Index
W. Michael Reisman
Introduction
Dinah Shelton
I. Laying the Foundations for Human Rights Law
1. Virginia Declaration of Rights (1776)
2. The Rights of Man (excerpts)(1791-1792)
Thomas Paine
3. Message of President James Monroe at the commencement of the first session of the 18th Congress (The Monroe Doctrine), December 2, 1823
James Monroe
4. Address of the President of the United States (Four Freedoms Speech) (1941)
Franklin Delano Roosevelt
5. The New International Law: Protection of the Rights of Individuals Rather than States
Louis B. Sohn
II. Identifying and Developing the Content of Human Rights
6. Genocide as a Crime under International Law
Raphael Lemkin
7. The Age of Rights (excerpts)
Louis Henkin
8. Basic Rights (excerpts)
Henry Shue
9. Human Rights, Environmental Rights, and the Right to Environment
Dinah Shelton
10. The Emerging Right to Democratic Governance
Thomas M. Franck
III. Identifying and Developing Obligations of States and Other Actors
11. Derogations from Human Rights Treaties in Public Emergencies
Joan F. Hartman
12. To Respect and to Ensure
Thomas Buergenthal
13. Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime
Diane F. Orentlicher
14. Sovereignty and Human Rights in Contemporary International Law
W. Michael Reisman
IV. Human Rights Law in Relation to United States Law and Policy
15. The Charter and the Constitution: The Human Rights Provisions in American Law
Oscar Schachter
16. Human Rights and US Foreign Policy: Two Levels, Two Worlds
David P. Forsythe
17. U.S. Ratification of Human Rights Conventions: The Ghost of Senator Bricker
Louis Henkin
18. Treaties, Human Rights, and Conditional Consent
Curtis A. Bradley and Jack L. Goldsmith
19. Invoking International Human Rights Law in Domestic Courts
Richard B. Lillich
V. Human Rights in International Organizations and Institutions
20. Human Rights in the United Nations
Myres S. McDougal and Gerhard Bebr
21. The International Court of Justice and the Human Rights Clauses of the Charter
Egon Schwelb
22. Toward a Theory of Effective Supranational Adjudication
Laurence R. Helfer and Anne-Marie Slaughter
Index