Theory and Reality in the International Protection of Human Rights

Author:   Watson
Publisher:   Brill
ISBN:  

9781571050977


Pages:   340
Publication Date:   01 March 1999
Format:   Hardback
Availability:   Out of stock   Availability explained
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Theory and Reality in the International Protection of Human Rights


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Overview

Presents a defence of the traditional theory of international law -- based on a decentralised nation-state system of international relations -- 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.

Full Product Details

Author:   Watson
Publisher:   Brill
Imprint:   Transnational Publishers Inc.,U.S.
Dimensions:   Width: 16.00cm , Height: 3.20cm , Length: 23.50cm
Weight:   0.708kg
ISBN:  

9781571050977


ISBN 10:   1571050973
Pages:   340
Publication Date:   01 March 1999
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

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

Reviews

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


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


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J Shand Watson

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