Details
- A fully updated third edition of this unique study on a fundamental topic of international law by a hugely influential scholar and practitioner
- Combines conceptual analysis with exploration of procedures and mechanisms of implementation
- Examines the political, social, and historical frameworks in which human rights are embedded, including democracy and the rule of law, good governance, human security and globalization
New to this edition
- Reappraises the jurisprudence of the relevant international courts and the expert bodies at UN level in respect of decisions that have developed the law in new directions
- Features more analysis of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights
- Discusses the actions mandated by the United Nations Security Council against Libya
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.
Readership: Students and scholars of international human rights law; human rights law practitioners
Introduction
1: The General Framework of Human Rights
2: History of Human Rights
3: Universality of Human Rights
4: The Different 'Generations' of Human Rights: From Human Rights to Good Governance
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?
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.
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. - 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
