Human Rights

Human Rights: Between Idealism and Realism 2nd Edition

By Christian Tomuschat
Oxford University Press July 2008

Specifications

ISBN-13
9780199232758
Publisher
Oxford University Press
Publication
July 2008
Format
Paperback , 464 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • a fully updated second edition of this personal statement on a broad area by a hugely influential scholar and practitioner
  • Combines conceptual analysis with exploration of procedures and mechanisms of implementation
  • This edition examines additional topical issues including human rights and the fight against terrorism, targeted killings, and the debate on human rights responsibilities of private entities such as multinational corporations

New to this edition

  • A new chapter draws out the general framework of human rights, including the individual as a holder of human rights, the concepts of 'responsibility to protect' and 'human security' and exploration of human rights and emergency situations including the fight against terrorism
  • Includes coverage of the Human Rights Council and of human rights under the EU charter project
  • Examines the debate on private entities, such as multinational corporations, and human rights
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'.



The volume then moves on to analyse of 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. The author explains how and why ithe 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.

Readership: Scolars and students of international human rights law. It will also be of interest to members of human rights organizations. It also includes material on preparing claims which may be of interest to human rights law practitioners.

Table of Contents

Introduction
1: The General Framework of Human Rights
2: History of Human Rights
3: The Different 'Generations' of Human Rights: From Human Rights to Good Governance
4: Universality of Human Rights
5: Implementation at National Level
6: The Work of the Political Bodies of International Organizations
7: The Work of Expert Bodies: Examination of State Reports
8: The Work of Expert Bodies: Complaint Procedures and Fact-finding
9: Supervision by International Tribunals
10: Enforcement by States and the Role of Non-Governmental Organizations
11: Mitigating the Effects of Armed Conflict: Humanitarian Law
12: Criminal Prosecution of Human Rights Violations
13: Civil Suits against Human Rights Violators
14: Time for Hope, or Time for Despair?

 
 
 

About the Author

Christian Tomuschat, Professor of Constitutional and International Law, Humboldt University, Berlin



 
 
 

Reviews

Review(s) 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. - Political Science Quarterly

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