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Human Rights in Emergencies

Human Rights in Emergencies

Author: Evan J. Criddle
Publisher: Cambridge University Press
ISBN: 9781107535961

Published In: May 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107115835

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Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law.

During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention.

In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies.

The contributors also evaluate the law's successes and failures and offer new proposals for strengthening respect for human rights.

Introduction: testing human rights theory during emergencies Evan J. Criddle

Part I. Designing a Human Rights Regime for Emergencies:

1. Constrained derogation in positive human rights regimes Gerald L. Neuman

2. Protecting human rights during emergencies: delegation, derogation, and deference Evan J. Criddle

3. Two models of normative frameworks for human rights during severe emergencies James W. Nickel

Part II. Law, Politics and Power:

4. Emergency and escape: explaining derogations from human rights treaties Emily M. Hafner-Burton, Laurence R. Helfer and Christopher J. Fariss

5. The cloak and dagger game of emergency and war Fionnuala Ni Aolain

6. The law of emergency and reason of state Thomas Poole

7. Human rights lawyers v. Carl Schmitt William E. Scheuerman

Part III. Emerging Challenges:

8. Human rights and derogation in peacekeeping: addressing a legal vacuum within the state of exception Scott Sheeran