Overview
This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.
Full Product Details
Author: Christian Tomuschat (Professor Emeritus, Professor Emeritus, Humboldt University, Berlin)
Publisher: Oxford University Press
Imprint: Oxford University Press
Edition: 3rd Revised edition
Dimensions:
Width: 17.20cm
, Height: 2.70cm
, Length: 23.40cm
Weight: 0.784kg
ISBN: 9780199683734
ISBN 10: 0199683735
Pages: 520
Publication Date: 25 September 2014
Audience:
College/higher education
,
Professional and scholarly
,
Undergraduate
,
Postgraduate, Research & Scholarly
Format: Paperback
Publisher's Status: Active
Availability: To order
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.
Reviews
Review from previous edition A good book ... well organized and clearly written, and includes a wealth of important information (and citations). It will be particularly helpful for courses that want to place emphasis on human rights practice. It is also a healthy reminder of the fact that, despite the many setbacks, the human rights discourse is here to stay. eorge Andreopoulos, Political Science Quarterly In Human Rights: Between Realism and Idealism Christian Tomuschat fulfills his title's promise. His account of the place of human rights in domestic legal systems, and the international legal order is lucid and thorough, and it offers few concessions either to cynically inclined realists or to starry-eyed idealists... Tomuschat has written a book that will be of great use to readers of any jurisprudential bent. Human Rights offers an erudite and admirably well-organized overview of the network of formal legal rules and institutions that support human rights. Rosa Brooks, American Journal of International Law
In Human Rights: Between Realism and Idealism Christian Tomuschat fulfills his title's promise. His account of the place of human rights in domestic legal systems, and the international legal order is lucid and thorough, and it offers few concessions either to cynically inclined realists or to starry-eyed idealists... Tomuschat has written a book that will be of great use to readers of any jurisprudential bent. Human Rights offers an erudite and admirably well-organized overview of the network of formal legal rules and institutions that support human rights. * Rosa Brooks, American Journal of International Law * Review from previous edition A good book... well organized and clearly written, and includes a wealth of important information (and citations). It will be particularly helpful for courses that want to place emphasis on human rights practice. It is also a healthy reminder of the fact that, despite the many setbacks, the human rights discourse is here to stay. * George Andreopoulos, Political Science Quarterly * This excellent book gives a profound account of the status quo of international human rights law. It fills a gap in the literature on human rights that is largely substance but not implementation oriented. It will of great value to students, but also to anyone interested in learning more about the functioning of human rights regimes... [It] is a comprehensive cutting-edge overview of human rights practise. * Jannika Jahn, The Journal of Comparative Public Law and International Law (ZaoRV) *
Author Information
Christian Tomuschat, born 23 July 1936 in Stettin (Germany). Professor of Constitutional and International Law in Bonn (1972-1995) and at Humboldt University Berlin (1995-2004). Member of UN Human Rights Committee (1977-1986) and of UN International Law Commission (1985-1996, President in 1992). Rapporteur on the situation of human rights in Guatemala for UN Commission on Human Rights (1990-1993) and co-ordinator of the Comisión para el esclarecimiento histórico in Guatemala (1997-1999). President of German Society of International law (1993-1997). Member, Institut de droit international (since 1997). Counsel for German Government in proceedings before the International Court of Justice and the European Court of Human Rights.
