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The Oxford Handbook of International Human Rights Law

The Oxford Handbook of International Human Rights Law

Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 9780199640133
Published In: October 2013
Format: Hardback , 1088 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This Oxford Handbook gives the most comprehensive account yet available of the development, principles, and criticisms of international human rights law
Gives crucial insights into the most topical issues for international human rights law, including the obligations of non-State actors, transnational litigation, and extraterritoriality
Assesses the impact of over half a century of international human rights, attempting to determine whether and how it is possible to measure progress in the enjoyment of human rights
Contributions by over forty leading international and inter-disciplinary experts

The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by over forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research and a "map" of the debates that animate the field. Each chapter features critical and up-to-date analysis of the current state of debate and discussion, assessing recent work, and advancing the understanding of all aspects of this developing area of international law.

Addressing all aspects of international human rights law, the Handbook consists of over forty chapters, divided into seven parts. The first two sections explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. They also trace the historical sources of human rights through comparative and international law by conducting a case study of the anti-slavery movement. Section III focuses on the law-making process and certain categories of rights. Sections IV and V examine the normative and institutional evolution of human rights, and discuss its impact on various doctrines of general international law. The final two sections are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done. Section VI analyses several current problems that are being addressed by governments both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights. The final section then evaluates the impact of international human rights law over the past six decades from a variety of perspectives.

The Handbook will be an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse. It should become the new standard reference work in this area.

Readership: Scholars and students of international human rights law and wider international law; practitioners and legal advisers working in the field of international human rights law

I. Theoretical Foundations
1: M. Christian Green and John Witte: Religion
2: Siegfried Van Duffel: Moral Philosophy
3: Christopher A. Robinson: Biology
4: Brian S. Turner: Sociology
5: Robin Bradley Kar: Psychology
6: Mark Goodale: Cultural Anthropology
II. Historical and Legal Sources
7: Paul Gordon Lauren: Justice and Rights in Legal Texts from Hammurabi to the 18th Century
8: Michael O'Boyle and Michelle Lafferty: Constitutions and General Principles as Sources of Human Rights Law
9: Jenny Martinez: The Anti-Slavery Movement and the Rise of Non-government Organizations
10: Annemarieke Vermeer: Diplomatic Protection as a Source of Human Rights Law
11: Gerd Oberleitner: Humanitarian Law as a Source of Human Rights Law
12: Janelle Diller: The International Labor Movement
13: Peter Kovacs: The League of Nations Precedents
III. Structural Principles
14: Paolo Carozza: Human Dignity
15: Gerald Neuman: Subsidiarity
16: Johan van der Vyver: Sovereignty
17: Rudiger Wolfrum: Solidarity
18: Jarlath Clifford: Equality
19: Yutaka Arai-Takahashi: Proportionality
20: Christian Tomuschat: Democracy and the Rule of Law
IV. Normative Evolution
21: Bertram Ramcharan: The Law-Making Process: From Declaration to Treaty and Custom
22: Martin Scheinin: The Concept of "Core" Rights and Obligations
23: Erika de Wet: Jus Cogens and Obligations Erga Omnes
24: Dinah Shelton and Ariel Gould: Positive and Negative Obligations
V. Institutions and Actors
25: Miloon Kothari: From Commission to Council: The Evolution of UN Charter Bodies
26: Nigel Rodley: The Role and Impact of Treaty Bodies
27: Cecilia Medina: International Tribunals: Interpreting or Creating Rights and Obligations?
28: Christof Heyns and Magnus Killander: Thinking Globally, Acting Regionally: Universality and the Growth of Regional Systems
29: Nisuke Ando: National Implementation and Interpretation
30: David Weissbrodt: The Role and Responsibility of Non-State Actors
VI. Human Rights and General International Law
31: Malgosia Fitzmaurice: Interpretation of Human Rights Treaties
32: Ramesh Thakur: Using Armed Force to Prevent or Halt Human Rights Violations: The Responsibility to Protect and Humanitarian Intervention
33: Chimene Keitner: Transnational Human Rights Litigation: Jurisdiction and Immunities
34: George Lopez: Enforcing Human Rights through Economic and Other Sanctions
35: Sarah Joseph: Trade, Investment, and Human Rights
VII. Assessments
36: Francisco Lopez-Bermudez: Developing and Applying Human Rights Indicators
37: Gisella Gori: Evaluating Compliance with Judgments and Recommendations of Human Rights Tribunals
38: Fiona McKay: What Outcomes for Victims?
39: Juan Mendez and Catherine Cone: Does Human Rights Law Make a Difference: Lessons from Latin America

Edited by Dinah Shelton, Emeritus Manatt/Ahn Professor in International Law, George Washington University Law School

Professor Dinah Shelton was the inaugural holder of the Manatt/Ahn Professorship in International Law at the George Washington University Law School, where she has taught since 2004. She previously taught international law and was director of the doctoral program in international human rights law at the University of Notre Dame Law School (1996-2004). She has also lectured at universities throughout the world. Professor Shelton is the author of three prize-winning books, Protecting Human Rights in the Americas (co-authored with Thomas Buergenthal), Remedies in International Human Rights Law, and the three-volume Encyclopedia of Genocide and Crimes against Humanity. She has also authored many other articles and books on international law, human rights law, and international environmental law. Professor Shelton is a member of the board of editors of theAmerican Journal of International Law.

Contributors:
Nisuke Ando - Kyoto Human Rights Research Institute
Yutaka Arai-Takahashi - University of Kent
Robin Bradley Kar - College of Law, Illinois
Thomas Buergenthal - Former Judge, International Court of Justice
Paolo Carozza - University of Notre Dame
Jarlath Clifford - Irwin Mitchell LLP
Catherine Cone - American University Washington College of Law
Erika de Wet - University of Pretoria
Janelle Diller - Georgetown University Law Center
Malgosia Fitzmaurice - Queen Mary, University of London
Mark Goodale - Institute of Conflict Analysis and Resolution
Paul Gordon Lauren - University of Montana
Gisella Gori - Department of the European Social Charter
Ariel Gould - George Washington University
M. Christian Green - Emory University
Christof Heyns - University of Pretoria
Sarah Joseph - Monash University
Chimene Keitner - Hastings College of the Law, University of California
Magnus Killander - University of Pretoria
Miloon Kothari - Special Rapporteur of the UN Commission for Human Rights
Peter Kovacs - National University of Ireland, Galway
Michelle Lafferty - Registry of the European Court of Human Rights
George Lopez - University of Notre Dame
Francisco Lopez-Bermudez - University of Utrecht
Fiona McKay - Registry of the International Criminal Court
Jenny Martinez - Stanford Law School
Cecilia Medina - University of Chile
Juan Mendez - Former President, the Inter-American Commission on Human Rights
Gerald Neuman - Harvard University
Michael O'Boyle - European Court of Human Rights
Gerd Oberleitner - Karl-Franzens-Universitaet
Bertram Ramcharan - United Nations Commission for Human Rights
Christopher A. Robinson - City University of New York (BCC)
Nigel Rodley - University of Essex
Martin Scheinin - European University Institute, Florence
Ramesh Thakur - Australian National University
Christian Tomuschat - Humbolt University, Berlin
Brian S. Turner - CUNY Graduate Center
Johan van der Vyver - Emory University School of Law
Siegfried Van Duffel - Nazarbayev University
Annemarieke Vermeer - University of Amsterdam
David Weissbrodt - University of Minnesota
John Witte - Emory University School of Law
Rudiger Wolfrum - University of Heidelberg