The Limits of Human Rights (eBook, PDF)

Redaktion: Fassbender, Bardo; Traisbach, Knut

• Format: PDF

Produktbeschreibung

What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 416
• Erscheinungstermin: 21. November 2019
• Englisch
• ISBN-13: 9780192558183
• Artikelnr.: 58254812

Autorenporträt

Bardo Fassbender, Professor of Public International Law, European Law, and Public Law, University of St Gallen, Knut Traisbach, ^, Associate Professor of International Law (Adjunct), University of Barcelona Bardo Fassbender is Professor of International Law at the Bundeswehr University in Munich. He studied at the University of Bonn and holds an LL.M from Yale Law School and a Doctor iuris from the Humboldt University in Berlin. Before joining the Bundeswehr University, he taught in Berlin, St Gallen, and Munich (Ludwig Maximilians University). His principal fields of research are international law, United Nations law, German constitutional law, comparative constitutional law and theory, and the history of international and constitutional law. Among his many publications are the books UN Security Council and the Right of Veto: A Constitutional Perspective (The Hague/London/Boston, 1998), Der offene Bundesstaat: Studien zur auswartigen Gewalt und zur Volkerrechtssubjektivitat bundesstaatlicher Teilstaaten in Europa (Tubingen, 2007), and The United Nations Charter as the Constitution of the International Community (Leiden/Boston, 2009). Knut Traisbach is Associate Professor of International Law (Adjunct) at the University of Barcelona and tutor for three international postgraduate programmes in International Affairs and Diplomacy organized by UNITAR and UOC. He also teaches human rights at ESADE Law School in Barcelona. He holds degrees from Humboldt University Berlin, the European University Institute and was a visiting researcher at Yale Law School. He has held positions as lecturer, programme director, researcher and course convenor in the areas of international law, human rights and international relations at various higher education and research institutions in Berlin, Florence, Venice and Barcelona. His main research interests include meaningful interdisciplinary and critical approaches to international law, human rights and international relations theory.

Inhaltsangabe

* Introduction: A Ride on the Human Rights Bus
* Prologue: Limits and their Varieties
* Part 1. Limits of Ideas, Limits of Communities: Paradigms and Biases
* 1: Lynn Hunt: Humanity and the Claim to Self-Evidence
* 2: Bardo Fassbender: The Self-Evidence of Human Rights: Origins and
Limits of an Idea
* 3: Kate Nash: Human Rights, Global Justice, and the Limits of Law
* 4: Mark Goodale: Human Rights beyond the Double Bind of Sovereignty:
A Response to Kate Nash
* 5: David Dyzenhaus: Emergencies and Human Rights: A Hobbesian
Analysis
* 6: Conor Gearty: Reason, Faith, and Feelings: A Response to David
Dyzenhaus
* Part 2. Limits of Functions, Limits of Uses: Actors and Practices
* 7: Christian Reus-Smit: Being a Realist about Human Rights
* 8: Basak Çali: Political Limits of International Human Rights: A
Response (or a Rejoinder) to Christian Reus-Smit
* 9: Jan Klabbers: Human Rights Bodies and the Structure of
Institutional Obligation
* 10: Rosa Freedman and Ruth Houghton: Dissecting the Institution: A
Response to Jan Klabbers
* 11: Aryeh Neier: Differentiating Fundamental Rights and Economic
Goals
* 12: Jeremy Perelman: Advocating for Social and Economic
Rights-Critical Perspectives: A Response to Aryeh Neier
* Part 3. Limits of Scope, Limits of Recognition: The Case of Women's
Rights
* 13: Hilary Charlesworth and Christine Chinkin: Between the Margins
and the Mainstream: The Case of Women's Rights
* 14: Bai Guimei: Women's Rights are Human Rights: A Response to Hilary
Charlesworth and Christine Chinkin from a Chinese Perspective
* 15: Martha C. Nussbaum: Women's Progress and Women's Human Rights
* 16: Fareda Banda: The Limits of Law: A Response to Martha C Nussbaum
* Part 4. Limits of Pragmatism, Limits of Compromise: The Case of Armed
Conflict
* 17: Frédéric Mégret: The Limits of the Laws of War
* 18: Knut Traisbach: The Banality of Humanity (as an Absolute): A
Response to Frédéric Mégret
* 19: Andrew Clapham: The Limits of Human Rights in Times of Armed
Conflict and Other Situations of Armed Violence
* 20: Yuval Shany: The End of the War/Peace Limit on the Application of
International Human Rights Law: A Response to Andrew Clapham
* Part 5. Limits of Prospects, Limits of Means: An Outlook
* 21: Mireille Delmas-Marty: The Limits of Human Rights in a Moving
World-Elements of a Dynamic Approach
* 22: Marie-Bénédicte Dembour: Where are the Limits of Human Rights?
Four Schools, four Complementary Visions: A Response to Mireille
Delmas-Marty
* 23: Douglas A. Johnson and Kathryn Sikkink: Strategizing for Human
Rights: From Ideals to Practice
* 24: Micheline Ishay: Historical Strategies for Human Rights: A
Response to Kathryn Sikkink and Douglas Johnson