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موضوع: The Cultural Politics of Human Rights 6/4/2010, 11:21 am

The Cultural Politics of Human Rights
Comparing the US and UK
By Kate Nash
Cambridge University Press, 2009
225 pages
2 MB

How does culture make a difference to the realisation of human rights in Western states? It is only through cultural politics that human rights may become more than abstract moral ideals, protecting human beings from state violence and advancing protection from starvation and the social destruction of poverty. Using an innovative methodology, this book maps the emergent 'intermestic' human rights field within the US and UK in order to investigate detailed case studies of the cultural politics of human rights. Kate Nash researches how the authority to define human rights is being created within states as a result of international human rights commitments. Through comparative case studies, she explores how cultural politics is affecting state transformation today.

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Or
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An Introduction to the History of International Human Rights Law
الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 2sz6

Dinah L. Shelton
George Washington University - Law School
August 2007
GWU Legal Studies Research Paper No. 346
GWU Law School Public Law Research Paper No. 346

Abstract:
As part of a lecture series given at the International Institute of Human Rights, in Strasbourg, France, in July 2003, the author presents an overview of the history of international human rights law. The author explores numerous religious, political, cultural, philosophical, economic and intellectual movements throughout history that have informed and guided the development of human rights law on the global stage. In doing so, the author examines the moral and ethical dimensions which underpin international human rights law, including what she defines as the innate human desire for protection from abuse.

The author highlights the world's most significant historical events and people who have influenced modern concepts of human rights law. Despite the many successes of the human rights movement, the author draws attention to international institutions established to protect human rights, which are often too weak to address many contemporary human rights violations and atrocities occurring in failed states or at the hands of non-state actors. As this area of international law continues to develop, these shortcomings must be addressed if human rights progress is to continue.

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موضوع: Democracy and International Human Rights Law 6/4/2010, 11:30 am

Democracy and International Human Rights Law
الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 2sz6

John O. McGinnis
Northwestern University - School of Law
Ilya Somin
George Mason University School of Law
Notre Dame Law Review, Vol. 84, No. 4, pp 1739-1798, May 2009
Northwestern Public Law Research Paper No. 08-08
George Mason Law & Economics Research Paper No. 08-19

Abstract:
The undemocratic origin of most international human rights law greatly reduces the desirability of allowing it to change the domestic law of democratic states. Most international law is made through highly undemocratic procedures. Thus, on average, the quality of what we call raw international law rules that have not been ratified by domestic democratic processes is likely to be lower than that of domestic legal rules established by liberal democracies.

Our article does not rest on theoretical arguments alone. We describe several concrete effects of the nondemocratic generation of international human rights law. For example, we show how the influence of unrepresentative legal elites and authoritarian states has led to the establishment of potentially harmful international law norms with respect to hate speech, the humanitarian law of war, and comparable worth.
Nevertheless, our conclusions about international human rights law are not wholly negative. Our embrace of democratic processes as an effective generator of human rights naturally leads to a willingness to consider domestic enforcement of international human rights that directly strengthen citizens' control over government policy.

We thus seek to reorient international human rights law from generating controversial substantive rights to protecting norms that will facilitate the leverage of citizens in controlling their own governments. As an example, we advocate more ample protection and enforcement for migration rights because these allow citizens around the world to vote with their feet and thus help them control the actions of the governments under which they live.

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Improving Human Rights Analysis
in the Legislative and Policy Processes
الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 2sz6

Simon Evans
University of Melbourne Law School
U of Melbourne Legal Studies Research Paper No. 124

Abstract:
In this article I propose and evaluate two mechanisms for improving the protection of human rights in parliamentary systems. I do so in the context of contemporary arguments that legislatures rather than courts should be primarily responsible for decisions about human rights, in the context of acknowledged weaknesses in existing legislative and prelegislative mechanisms for protecting human rights, and with particular reference to Australia (where only one jurisdiction has adopted a Bill of Rights).

The mechanisms that I propose focus on enhancing the consideration of human rights issues during the process that leads up to the enactment of legislation. They are, first, a requirement that executive agencies prepare human rights impact statements (modelled on their existing regulatory impact statements) in relation to all significant policy proposals, and, second, that an independent executive agency review the quality of these statements. These mechanisms have two principal objectives. First, they aim to formalise and integrate human rights analysis with the process of developing policy options, rather than to have human rights analysis carried out almost at the end of the policy development process when legislation is ready to be introduced into parliament. And, second, through the provision of independent scrutiny, they aim to ensure that the parliament has the benefit of an appropriately reasoned analysis of the human rights impact of proposed legislation, and not just a perfunctory certification that the legislation is (or is not) compatible with human rights or a low quality analysis of human rights issues prepared as an afterthought by an executive agency that is focused on its 'core business.'

Neither a requirement that policy makers prepare human rights impact statements or a requirement that human rights impact statements be scrutinized by an independent executive agency will establish a culture of human rights in Australian government. That depends on a commitment from the Executive to human rights as a yardstick by which government action is to be evaluated. However, the two mechanisms that I propose here can be important signals of the Executive's commitment to human rights. They are a logical extension of the existing commitment to evidence-based policy making. They do not disrupt existing institutional responsibilities and competences. They are designed to cultivate a practice of human rights interpretation and analysis in the executive and to facilitate human rights interpretation and analysis in general. They therefore have the potential to further the fundamental democratic objective of assisting Australian legislatures to make their own assessment of the human rights impact of the governments' proposals.

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Human Rights Law Meets Private Law Harmonization
The Coming Conflict
الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 2sz6

Paul R. Dubinsky
Wayne State University Law School
Yale Journal of International Law, Vol. 30, p. 211, 2005

Abstract:
In the transformation of international law that took place in the twentieth century, two movements in particular were persistent agents of change: the international human rights movement and the private law unification movement. Both promoted a more liberal and cosmopolitan conception of international law. Both envisioned an international legal order without the nation state's traditional monopoly on rights and duties. Both created new international institutions. Both were influential in adapting international law's Westphalian structure to a world now defined by decolonialization, democracy, and market economies.

Notwithstanding these early similarities, the two movements have drifted apart, and now increasingly they are poised for conflict. This conflict is especially visible in their plans for the future of national courts. One movement promotes a future of transnational judicial cooperation brought about by harmonizing the procedural rules of national courts and discouraging judicial unilateralism and overreaching. The other movement sees a future of more credible enforcement of human rights norms, with national courts at the front lines, acting unilaterally and non-traditionally where necessary. For the human rights movement, the procedural straight-jacket prescribed by harmonization undermines the ability of domestic courts to expose and remedy human rights abuses. Conversely, when the human rights community urges novel approaches to evidence and choice of law, decades of harmonization of private international law are thrown in doubt.

Thus far the relationship between private law unification and human rights has received little scholarly study. In launching such an endeavor, this work proceeds in four stages. Part I traces the changes in international law wrought by a century of sustained, wide-ranging efforts to harmonize jurisdictional rules, choice of law rules, and other aspects of national procedural law. Behind these efforts are the preferences of transnational business, the need to reduce friction among national court systems increasingly presented with transnational litigation, and the accelerating process of legal integration in the European Union. This harmonization effort produced an extensive collection of private law treaties by the century's end, along with a sense of optimism about juridical harmonization as a response to economic globalization. As the 21st century began, the projects launched by private international law organizations had grown more ambitious: global rules of jurisdiction, global principles of contract law, transnational rules of civil procedure, a global framework for transnational bankruptcies, a global regime for recognizing and enforcing foreign judgments.

Part II turns to the human rights movement, which also began by harmonizing and codifying. Its early accomplishments were in drawing together aspects of divergent rights traditions into a set of quasi-canonical texts, exemplified by the Universal Declaration of Human Rights. More recently, however, the human rights community has moved from codification to enforcement and accountability, to punishing violators and compensating victims. Its center has moved from the treaty monitoring process to prosecution and litigation in national courts. Having identified domestic courts as the institution best situated to do what monitoring committees cannot do - put specific violators on trial and compensate their victims - human rights advocates now seek to endow domestic courts with new tools to do the job more effectively: broader jurisdictional powers, more discretion in choosing the appropriate statute of limitations and substantive law, less deference to courts and amnesty laws in the place where the wrong took place. The human rights movement's new focus on refitting domestic courts comes just as the proponents of private law harmonization pursue the more ambitious projects noted above.

Through a discussion of hypothetical cases, Part III shows that the previously latent tension between the two movements is now at the surface and extends beyond the realm of jurisdiction. The examples show that the two movements increasingly emphasize different kinds of justice. One demands an international legal order reliably able to deliver substantive justice, even if the existing international structure and set of institutions must undergo triage in order to accomplish this. The other seeks an international legal order of stability and consistency, of cooperative relationships among domestic courts based on channeling transnational litigation to the most appropriate forum and applying harmonized procedural rules specified in advance.

If international human rights norms continue to be applied primarily in domestic courts for the foreseeable future, is the conflict between the two movement destined to intensify? Can the unification movement make good on its promise of greater certainty and predictability in international adjudication while the human rights movement continues to work toward a legal order with no haven for the tyrant and no cache for looted assets? Part IV concludes that the conflict is likely to intensify so long as both movements attempt to reshape the same domestic courts to fulfill two new and different functions. In the long run, the tension is best addressed by creating a coherent, adequately-funded system of international tribunals to adjudicate atrocity cases. Such a momentous step, however, seems a long way off. In the short term, a new scholarly endeavor is needed: the articulation of principles of procedural law to guide ordinary domestic courts in adjudicating transnational litigation alleging grave human rights offenses.

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Human Rights as International Constitutional Rights
الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 2sz6

Stephen Gardbaum
UCLA School of Law
European Journal of International Law, Vol. 19, No. 4, 2008
UCLA School of Law Research Paper No. 08-28

Abstract:
The Universal Declaration was, of course, the first of the three global international human rights instruments that have collectively come to be known as the International Bill of Rights. Very often, however, this latter term appears within quotation marks or is prefaced by the qualifying phrase, "so-called," signaling that there are serious, although mostly unexplored, questions about the validity of the implied comparison with domestic bills of rights. In this article, I treat the occasion of the sixtieth anniversary of the Universal Declaration as an opportunity to take stock by exploring these questions and making the comparison explicit.

I do so by considering the two parts of the term separately. First, regarding "bill of rights," what are the similarities and differences between the UDHR, ICCPR and ICESCR on the one hand and domestic bills of rights on the other? In particular, to what extent or in what sense, if any, has international human rights law become constitutionalized and, thereby, similar and closer to most domestic bills of rights? Second, regarding "international," do the major international human rights instruments simply duplicate domestic bills of rights or provide a generally inferior substitute for them where unavailable - as a certain strand of human rights skepticism suggests? Or do they perform any distinctive functions over and above domestic bills of rights that make a novel and unique contribution to the historical development of constitutionalism?

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موضوع: On Human Rights 6/4/2010, 11:48 am

On Human Rights
James Griffin
Oxford University Press, USA 2008
296 pages
1.3 Mb

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موضوع: Human Rights and Global Social Justice 6/4/2010, 11:51 am

Human Rights and Global Social Justice
الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 2sz6

ICHRP International Council on Human Rights Policy
International Council on Human Rights Policy (ICHRP)
DUTIES SANS FRONTIERES: HUMAN RIGHTS AND GLOBAL SOCIAL JUSTICE, ICHRP, Geneva, Switzerland, 2003

Abstract:
When do wealthier societies have a duty to help much poorer ones? What are the limits of a government’s obligations to people in other countries? To what extent do a government’s duties abroad take priority over responsibilities to its own citizens? Are such obligations merely ethical or do they include a legal dimension?
In considering such questions, this report draws on human rights law to strengthen more familiar appeals to ethics and self-interest, and provides additional tools that citizens and officials alike can use to argue for more dynamic and effective international action to end poverty and injustice.

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موضوع: Statelessness, Human Rights And Gender 22/5/2010, 7:06 pm

الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 000a8d6a_medium

Statelessness, Human Rights And Gender
By Tang Lay Lee
Brill Academic Pub, 2005
300 pages
1.0 MB

This book breaks from tradition in exploring the developing relationship between statelessness and migration. International lawyers, refugee and migrant worker advocates will be drawn to the argument that migration law is setting the parameters of the framework for international protection. Statelessness used to be associated with state succession, mass denationalisation and refugee flows in the twentieth century. However, the rise in irregular migration is producing new forms of statelessness. Neither customary international law, international conventions on statelessness, refugees and migrant workers nor general human rights instruments provide effective protection for these contemporary groups of stateless persons.

Women and children are among the most unprotected. The discussion on the gendered construction of statelessness will interest those involved in gender studies. The analysis of the interface between citizenship, migration and other domestic laws and! policies of Burma and Thailand will provoke discussion among human rights advocates working on these two countries. The book concludes that it is imperative to develop international law limits on state powers in immigration matters.

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Or
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Or
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موضوع: Economic, Social and Cultural Rights 22/5/2010, 7:08 pm

الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 000eb3c7_medium

Economic, Social and Cultural Rights
Handbook for National Human Rights Institutions
United Nations, 2005
148 pages
10 mb

This handbook’s aim is to assist national human rights institutions in the development of policies, processes and skills to integrate economic, social and cultural rights further into their work. It examines ways in which national institutions’ legal mandates can be interpreted to these rights within their jurisdictions and how their functions and powers can be exercised more appropriately in their regard.

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Or
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Or
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موضوع: The Universal Declaration of Human Rights, 2010 22/5/2010, 7:15 pm

الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 00145165_medium

The Universal Declaration of Human Rights
By Susan Muaddi Darraj
Chelsea House Publications, 2010
127 Pages
8 MB

When the United Nations General Assembly approved the Universal Declaration of Human Rights in December 1948, it was hailed as a major advancement for humanity. In the aftermath of the horrors of World War II, the majority of nations around the world worked together for the first time in history to affirm the importance of human life and dignity. This new book details how the Declaration was written through the tireless efforts of the drafting committee and of the Human Rights Commission, composed of former first lady Eleanor Roosevelt of the United States, René Cassin of France, Charles Malik of Lebanon, P.C. Chang of China, and John Humphrey of Canada. Readers will learn how the essential tenets of the Universal Declaration of Human Rights have continued to guide the global human rights movement for more than 60 years.

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Or

Or

Or

Or

بسم الله الرحمن الرحيم

موضوع: Human Rights According to Marxism 2/6/2010, 2:21 pm

Human Rights According to Marxism
Eric Engle
Harvard University - Harvard Law School; Universit?t Bremen
National Lawyers Guild, Guild Practitioner, August 2009

Abstract:
The paper presents the Marxist critique of human rights.
Note: Downloadable document is in French.

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موضوع: What is International Human Rights Law 2/6/2010, 2:22 pm

What is International Human Rights Law?
Three Applications of a Distributive Account
Patrick Macklem
University of Toronto - Faculty of Law
May 8, 2007

Abstract:
The standard normative account of international human rights law is that its overarching mission is to protect universal features of what it means to be a human being from the exercise of sovereign power. This article offers an alternative account of the field, one that locates its normative dimensions in its capacity to speak to distributive injustices produced by how international law brings legal order to international political reality. On this account, human rights possess international legal significance not because they correspond to abstract conceptions of what it means to be human but because they monitor the distributive justice of the structure and operation of the international legal order itself. This account both draws on and departs from cosmopolitan conceptions of distributive justice in contemporary international political theory. It sheds normative light on why some human rights merit international legal protection despite the fact that they might lack some of the properties required by a universal account of the field. It illustrates these claims by describing how indigenous rights, minority rights, and rights to international cooperation and assistance mitigate some of the adverse consequences of how international law distributes sovereign power among a variety of legal actors it recognizes as states.

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الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 1270100975-41aatgwvjil

The Effectiveness of Domestic Human Rights NGOs: A Comparative Study
By Scott Calnan
Martinus Nijhoff Publishers / Brill Academic, 2008
310 Pages

Although human rights NGOs, and especially domestic human rights NGOs, have become crucial to the human rights movement over the years very little literature exists which describes their operations or sets out a framework in which they can be critically examined. This book sets out to begin to fill this gap by focusing on how NGOs mobilise the law and how their effectiveness could be measured. Focusing on case studies of actual domestic human rights NGOs, and using a comparative methodology, this book focuses its analysis on the real life problems of human rights NGOs. The result is a revealing snapshot of the legal work of human rights NGOs and a vision of how they could become even more important in the future.

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موضوع: Financial Globalization and Human Rights 2/6/2010, 2:28 pm

Financial Globalization and Human Rights
Patrick Keenan
University of Illinois College of Law
Columbia Journal of Transnational Law, Vol. 46, 2008
Illinois Public Law Research Paper No. 08-13

Abstract:
In this Article, I develop a model of the enforcement of human rights that attempts to account for financial globalization. I advance two principal arguments.

First, I argue that, in practical terms, the traditional approach to protecting human rights, documenting violations of human rights to embarrass states into changing their ways, is becoming much less likely to succeed. This reputational approach, often referred to as naming and shaming, has long been the primary mechanism of enforcing human rights norms. Shaming was sometimes accompanied by a form of economic shunning, with countries who violated human rights norms finding it more difficult to find trading partners in the developed world. The rapid economic growth that is characteristic of globalization, particularly in China and India, has altered this dynamic. Increased competition for the raw materials necessary to sustain economic growth has rendered it more difficult to ignore resource-rich states, even if they are regular violators of human rights. Many states no longer face a powerful incentive to maintain a good reputation for compliance with human rights norms.

Second, I argue that as the reputations of states have become less critical, the reputations of corporations have become more important. Two relatively new features of financial globalization have changed the picture and created incentives for firms to act as the watchdogs of other firms. The market for capital is now global. It is only a slight exaggeration to say that firms everywhere are competing for the same investors. Similarly, it is no exaggeration to say that firms from around the world are selling their products in the same markets. Thus, as capital and consumer markets have become more integrated, firms now face powerful incentives to police the human rights conduct of their rivals.

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Islamic Rationalism and the Foundation of Human Rights
John Mikhail
Georgetown University - Law Center
PLURALISM AND LAW: Proceedings of the 20th IVR Congress, Arend Soeteman, ed., Global Problems, Vol. 3, pp. 61-70, March 2005
Georgetown Public Law Research Paper No. 777026

Abstract:
The question I address is whether the rationalist tradition in Islamic jurisprudence has the conceptual resources to explicate and justify contemporary human rights discourse. A common theme of many commentaries on Islam and human rights is that there is something intrinsically "Western" about human rights, where "Western" is thought to exclude "Islamic." As a result, scholars are sometimes reluctant to apply human rights norms to Muslim societies. Some even suggest that those who evaluate Muslim societies on this basis are guilty of "moral chauvinism and ethnocentric bias."

This paper questions the validity of any strong epistemological contrast between Western and Islamic jurisprudence in this respect by arguing that several principles lying at the foundation of Western accounts of human rights have important counterparts in Islamic rationalism. Far from being exclusively Western, the philosophical foundations of human rights appear to be shared by both Western and Islamic theories of law.

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موضوع: Human Rights and International Constitutionalism 2/6/2010, 2:31 pm

Human Rights and International Constitutionalism
Stephen Gardbaum
UCLA School of Law
RULING THE WORLD? CONSTITUTIONALISM, INTERNATIONAL LAW AND GLOBAL GOVERNMENT, Jeff Dunoff and Joel Trachtman, eds., Cambridge University Press, 2009
UCLA School of Law Research Paper No. 08-01

Abstract:
As both a descriptive and normative enterprise, "international constitutionalism" is currently one of the leading approaches to international law, especially in parts of Europe. Within this enterprise, the rapid development of international human rights law is often taken to be central, but exactly how or why this promotes constitutionalism at the international level remains unclear. In this article, I attempt to clarify and assess the role of human rights in discussions of international constitutionalism. I do so by focusing on the comparison between domestic constitutional law and international human rights law and asking the following two threshold questions. First, how different are these two legal systems and, in particular, is there anything "constitutional" about the latter, as international constitutionalists implicitly or explicitly claim? Second, why have both systems? Does international human rights law perform any distinctive functions over and above domestic bills of rights that extend the idea or practice of constitutionalism?

On this first threshold question, I distinguish and evaluate three more specific claims as to what is constitutional about international human rights law: (1) that it has constitutional status within international law; (2) that, regardless of its precise legal status vis-à-vis other types of international law, the human rights system is a constitutionalized regime of international law like certain others, most paradigmatically the European Union; and (3) that international human rights law is a critical part of the case for rejecting the traditional horizontal conception of international law as a whole (the sovereign equality of states) in favor of a more vertical, or constitutionalist, conception. I consider the strengths and weaknesses of each of these three claims in turn.

The second threshold question raises the issue of constitutional subsidiarity. What additional contribution, if any, does international human rights law make to the general development of constitutionalism? Apart from filling a number of important contingent gaps in domestic bills of rights, I suggest that it performs at least two unique functions. First, it creates a new, external stage in the historical and institutional development of constitutionalism. Second, international human rights law clarifies and enshrines the distinct normative basis for the protection of fundamental rights as rights of human beings rather than of citizens.

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Social Issues in Regional Trade Agreements
Labour, Environment and Human Rights
Lorand Bartels
University of Cambridge - Faculty of Law
May 2007

Abstract:
Social issues, such as labour and environmental standards and human rights, are increasingly being regulated within regional trade agreements (free trade agreements). This chapter provides a taxonomy of the main ways in which this has been done across a range of recent agreements. It divides these into provisions permitting the parties to take measures for the purpose of protecting social interests, conflicts rules for other treaties, and provisions providing for the positive regulation of social interests, including some that set minimum standards, with varying degrees of enforceability in dispute settlement proceedings.

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Beyond Good and Evil
Toward a Solution of the Conflict between Corporate Profits and Human Rights
William C. Bradford
University of Florida - Warrington College of Business
June 4, 2007

Abstract:
There is an ongoing social battle over the power to determine the legal, ethical, and economic substance of the regime that governs corporations and specifies their powers and duties with regard to the protection of human rights. Whereas for much of the history of the modern corporation its object and purpose were widely considered to be settled by domestic law, custom, and social contract, revelations of massive corporate fraud at Enron et al., environmental disasters at Bhopal and in Alaska, allegations of corporate complicity in widespread violations of human rights in the developing world, and the gathering transnational strength of the human rights movement have unraveled this common understanding to form two contending camps with ideologically opposed visions of how corporations should be structured and held responsible for harms connected to their conduct. Both contend upon the terrain mapped out by a new social movement, entitled corporate social responsibility [CSR], which engages a variety of state and non-state actors in contestation over a host of political and legal projects designed by their architects to restrain corporations in their pursuit of self-interest and to hold them accountable to constituencies other than shareholders for their performance along dimensions such as the protection of the environment and human rights.

For much of the past two decades the struggle between the two leading paradigms of corporate governance - shareholder theory and stakeholder theory - and, in turn, the evolution of the CSR movement, has been fought within the academy. However, the wave of corporate scandals in the first few years of the third millennium and the increasing sophistication of the international human rights movement have combined to draw the battle out of the academy and into new arenas - judicial, legislative, and regulatory. In this new phase of ideological and political contestation, the champions of shareholder theory are, naturally, many (and perhaps most) corporations and their shareholders. On the other side of the equation, a broad spectrum of nongovernmental organizations [NGOs] - pressure groups, charities, religious groups, interested individuals, and other entities organized around specific themes such as the promotion and protection of human rights, labor rights, indigenous rights, women's rights, and the environment - are the major proponents of stakeholder theory and of a much more expansive view of the obligations owed by corporations to constituencies under the rubric of CSR.

What seem like vastly divergent interests, normative commitments, and worldviews of corporations on the one hand and human rights NGOs on the other would suggest the conclusion that conflict is inevitable and cooperation is impossible, especially in the emotion-laden and politically sensitive issue-area of human rights. This conclusion might appear all the more logical in light of the salience of CSR to the international human rights movement - it has moved to the forefront of its agenda - and in view of the strategies chosen by NGOs - litigation, application of political pressure within the United Nations and domestic governance spheres, and legislative attempts to reform corporations as quasi-public entities with human rights obligations akin to those of states. Yet despite the seeming intractability of and disparity between these two diametrically opposed visions of corporate responsibility for the protection and promotion of human rights, an analysis of the strategies available to corporations and to NGOs, augmented by the use of game theory, reveals that not only is cooperation possible but that a mode of governance dependent upon self-interested cooperation can yield the simultaneous outcomes of corporate profitability and protection of human rights.

Accordingly, this Article will identify and analyze the strategies employed by NGOs and corporations in the battle over whether and to what extent corporations should bear responsibility for violations of human rights. Next, and with the assistance of game theoretic modeling, it will examine the strategic interactions between these two parties, determine optimal strategies for each party, identify any strategic equilibria, and analyze the findings. Integrative solutions will be proposed that might be adopted to facilitate the coexistence of corporate profitability and human rights and advance the theoretical debate beyond simple characterizations of NGOs as good and corporations as evil.

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موضوع: Do Human Rights Treaties Make a Difference 2/6/2010, 2:38 pm

Do Human Rights Treaties Make a Difference?
Oona A. Hathaway
Yale University - Law School
Yale Law Journal, Vol. 111, 2002
Boston Univ. School of Law Working Paper No. 02-03

Abstract:
Do countries comply with the requirements of human rights treaties that they join? Are these treaties effective in changing states' behavior for the better? This Article addresses these questions through a large-scale quantitative analysis of the relationship between human rights treaties and countries' human rights practices. The analysis relies on a database encompassing 166 nations over a nearly forty-year period in five areas of human rights law. The analysis finds that although the practices of countries that have ratified human rights treaties are generally better than those of countries that have not, noncompliance with treaty obligations appears common. More paradoxically, controlling for other factors that affect practices, it appears that treaty ratification is not infrequently associated with worse practices than otherwise expected. These findings can be explained in part, the Article contends, by the dual nature of treaties as both instrumental and expressive instruments.

Treaties not only create binding law, but also declare or express the position of countries that ratify them. Because human rights treaties tend to be weakly monitored and enforced, countries that ratify may enjoy the benefits of this expression-including, perhaps, reduced pressure for improvements in practices-without bearing significant costs. This does not mean that human rights treaties do not have any positive influence, but simply that these positive effects may sometimes be offset or even outweighed by treaties' less beneficial effects. The Article concludes by considering better ways to help ensure that human rights treaties improve the lives of those they are meant to help.

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Exploring the Limits of International Human Rights Law
Margaret E. McGuinness
University of Missouri School of Law
Georgia Journal of International and Comparative Law, Vol. 34, 2006
U of Missouri-Columbia School of Law Legal Studies Research Paper No. 2006-08

Abstract:
In "The Limits of International Law," Jack Goldsmith and Eric Posner posit that "[i]nternational law emerges from states acting rationally to maximize their interests given their perceptions of the interests of other states and the distribution of state power." There is value in applying this instrumentalist, rational choice twist on traditional realism to a range of international coordination and cooperation problems. But the theory reaches its limits where Goldsmith and Posner attempt to extend it to the international human rights system. In the last decade, there has been a shift toward examination of human rights norm compliance from a range of alternative and interdisciplinary perspectives, including transnational legal process, governmental networks theory, liberal democratic theory, and constructivism. While the rational choice theory in "Limits" may be useful for understanding political trends in international human rights, these additional theories - which Goldsmith and Posner either ignore or dismiss - are necessary to a more complete understanding of how law affects state behavior.

This essay argues that a hybrid approach that draws from a range of theoretical approaches offers a more useful account of the complexities of human rights behavior than the instrumentalist approach of "Limits." First, the book largely ignores the effect of international human rights legal institutions (e.g., ad hoc and permanent courts) on a range of state and individual behavior. Second, by focusing almost exclusively on interstate behavior and international political institutions, Goldsmith and Posner fail to examine the domestic dimension of human rights compliance.

Third, by minimizing the role of individuals, NGOs, corporations, and other non-state actors, the book paints a distorted picture of the current processes through which human rights norms are elaborated and enforced. Fourth, the book draws overly broad conclusions from limited empirical data about the effect of legalization on human rights behavior.

Finally, the instrumentalist thesis of "Limits" is weakened by the explicit and implicit normative claims of the book, i.e., that states should not act on the basis of moral values or the basis of perceived cosmopolitan duties and that international law should not constrain state behavior. Indeed, if law is an instrument of preference as Goldsmith and Posner claim, it follows that law can result from a preference for the universal observation and protection of human rights.

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موضوع: The Ironic Tragedy of Human Rights 2/6/2010, 2:41 pm

The Ironic Tragedy of Human Rights
Charles Blattberg
University of Montreal
Charles Blattberg, PATRIOTIC ELABORATIONS: ESSAYS IN PRACTICAL PHILOSOPHY, Chapter 3, McGill-Queen's University Press, 2009

Abstract:
With the 1948 UN Universal Declaration of Human Rights, the idea of human rights came into its own on the world stage. More than anything, the Declaration was a response to the Holocaust, to both its perpetrators and the failure of the rest of the world adequately to come to the aid of its victims. Since that year, however, we have seen many more cases of mass murder. Think of China, Bali, Cambodia, Ethiopia, Guatemala, the former Yugoslavia, Rwanda, and now Darfur. Of course one could always claim that such horrors would have been even more frequent if not for the Declaration. But I want to argue otherwise. For I believe that human rights have contributed to making mass murder more, rather than less, likely.

To be clear, my concern is specifically with the language of human rights, not the values it expresses, values which I certainly endorse. The problem with this language is that it is abstract. And the problem with abstraction is that it demotivates, it 'unplugs' us from the 'moral sources,' as Charles Taylor would call them, which empower us to act ethically. After showing why, I then go on to describe how the rise of human rights has constituted an ironic tragedy of sorts for those philosophers who have attempted to lend it intellectual support. On the whole, they may be divided into two groups. One, led by cosmopolitans such as Martha Nussbaum and Thomas Pogge, tries to interlock rights within systematic theories of justice, thus fixing the priorities between them. The other, led by value pluralists such as Isaiah Berlin, Stuart Hampshire, and Bernard Williams, rejects such theories as infeasible and asserts that the best we can do when rights conflict is to negotiate. Yet both approaches, I argue, are counter-productive.

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موضوع: Human Right to Water: Legal and Policy Dimensions 2/6/2010, 2:44 pm

الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 1255060591-31k80ywfsyl

Human Right to Water: Legal and Policy Dimensions
By Salman M. A. Salman, Siobhan McInerney-Lankford
World Bank Publications, 2004
180 Pages

The Human Right to Water traces the issue of the right to water through a number of international legal instruments, particularly General Comment No. 15 which recognizes such a right. It analyzes the international legal regime for human rights, and argues that the nexus between development, water and human rights is well established therein. Although the central theme of the Study is General Comment No. 15 issued by the Committee on Economic, Social and Cultural Rights in 2002 which explicitly recognizes a human right to water, the Study argues that the Comment supports the idea that there is an incipient right to water emerging in international law today. This right is buttressed by a large number of soft law instruments, emerging customary international law, as well as an increasing number of domestic law instruments.

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موضوع: Economic Social and Cultural Rights 2/6/2010, 2:46 pm

الموسوعة الكبرى لحقوق الإنسان: أكثر من 100 كتاب ودراسة أجنبية حديثة - تابعونا - - صفحة 3 1252076444-51f-kdrskjl

Economic Social and Cultural Rights
By Asbjorn Eide
Springer, 2001
804 Pages
45 Mb

The Vienna Declaration and Programme of Action, adopted in the World Conference on Human Rights in June 1993, reaffirmed the indivisible and interdependent nature of all human rights. Yet, the category of economic, social and cultural rights remains a subject of debate and controversy. The first edition of this text was a textbook on internationally recognized economic, social and cultural rights. While focusing on this category of rights, it also analyzed their relationships to other human rights, civil and political in particular. This second, revised edition updates and revises the first, and supplements it with a number of new chapters. These include chapters on the domestic realization of economic and social rights in the European Union as well as on multinational enterprises and economic, social and cultural rights. Furthermore, a number of chapters have been written by new authors, such as the chapters on the right to health, on human rights and protection of the environment, on women and on international development finance institutions.

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