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This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ‘golden thread’ – that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ‘right’ to dignity can best be promoted, protected or monitored by domestic decision-makers. Similar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ‘rights,’ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable. Readers of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts.
The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
What is the relationship between politics and international law? Inspired by comparative politics and socio-legal studies, this Research Handbook develops a novel framework for comparative analysis of politics and international law at different stages of governance and in different governance systems. It applies the framework in a wide range of fields—from human rights and environmental standards, to cyber conflict and intellectual property—to show how the relationship between politics and international law varies depending on the sites where it unfolds.
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
"This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--
This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The ‘law’ of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child’s right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic ‘kinlessness’ upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population.
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.