The Limits of Human Rights

Häftad, Engelska, 2019

Av Bardo Fassbender, Knut Traisbach, University of St Gallen) Fassbender, Bardo (Professor of International Law, European Law and Public Law, Professor of Public International Law, European Law, and Public Law, University of Barcelona) Traisbach, Knut (Associate Professor of International Law (Adjunct), Associate Professor of International Law (Adjunct), Fassbender

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What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights.Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.

Produktinformation

Utgivningsdatum2019-11-26
Mått155 x 231 x 28 mm
Vikt636 g
FormatHäftad
SpråkEngelska
Antal sidor410
FörlagOUP OXFORD
ISBN9780198824763

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Bardo Fassbender is Professor of International Law, European Law and Public Law at the University of St. Gallen. He studied law, history and political science at the University of Bonn (Germany) and holds an LL.M from Yale Law School and a Doctor iuris from the Humboldt University in Berlin, where he also completed his Habilitation and became Privatdozent for the disciplines of public law, international law, European law and constitutional history. He was a Ford Foundation Senior Fellow in Public International Law at Yale University and a Jean Monnet Fellow at the European University Institute in Florence. He advised the Legal Counsel and Under-Secretary-General of the United Nations on the subject of "Targeted sanctions of the UN Security Council and Due Process of Law". Before joining the University of St. Gallen in 2013, he held the chair in international law and human rights law at the Bundeswehr University in Munich.Knut Traisbach is Associate Professor of International Law (Adjunct) at the University of Barcelona and tutor for three international postgraduate programmes in International Affairs and Diplomacy organized by UNITAR and UOC. He also teaches human rights at ESADE Law School in Barcelona. He holds degrees from Humboldt University Berlin, the European University Institute and was a visiting researcher at Yale Law School. He has held positions as lecturer, programme director, researcher and course convenor in the areas of international law, human rights and international relations at various higher education and research institutions in Berlin, Florence, Venice and Barcelona. His main research interests include meaningful interdisciplinary and critical approaches to international law, human rights and international relations theory.

Bardo Fassbender and Knut Traisbach: Introduction: A Ride on the Human Rights BusHenry J. Steiner: Prologue: Limits and their VarietiesPart 1. Limits of Ideas, Limits of Communities: Paradigms and Biases1: Lynn Hunt: Humanity and the Claim to Self-Evidence2: Bardo Fassbender: The Self-Evidence of Human Rights: Origins and Limits of an Idea3: Kate Nash: Human Rights, Global Justice, and the Limits of Law4: Mark Goodale: Human Rights beyond the Double Bind of Sovereignty: A Response to Kate Nash5: David Dyzenhaus: Emergencies and Human Rights: A Hobbesian Analysis6: Conor Gearty: Reason, Faith, and Feelings: A Response to David DyzenhausPart 2. Limits of Functions, Limits of Uses: Actors and Practices7: Christian Reus-Smit: Being a Realist about Human Rights8: Basak Çali: Political Limits of International Human Rights: A Response (or a Rejoinder) to Christian Reus-Smit9: Jan Klabbers: Human Rights Bodies and the Structure of Institutional Obligation10: Rosa Freedman and Ruth Houghton: Dissecting the Institution: A Response to Jan Klabbers11: Aryeh Neier: Differentiating Fundamental Rights and Economic Goals12: Jeremy Perelman: Advocating for Social and Economic Rights-Critical Perspectives: A Response to Aryeh NeierPart 3. Limits of Scope, Limits of Recognition: The Case of Women's Rights13: Hilary Charlesworth and Christine Chinkin: Between the Margins and the Mainstream: The Case of Women's Rights14: Bai Guimei: Women's Rights are Human Rights: A Response to Hilary Charlesworth and Christine Chinkin from a Chinese Perspective15: Martha C. Nussbaum: Women's Progress and Women's Human Rights16: Fareda Banda: The Limits of Law: A Response to Martha C NussbaumPart 4. Limits of Pragmatism, Limits of Compromise: The Case of Armed Conflict17: Frédéric Mégret: The Limits of the Laws of War18: Knut Traisbach: The Banality of Humanity (as an Absolute): A Response to Frédéric Mégret19: Andrew Clapham: The Limits of Human Rights in Times of Armed Conflict and Other Situations of Armed Violence20: Yuval Shany: The End of the War/Peace Limit on the Application of International Human Rights Law: A Response to Andrew ClaphamPart 5. Limits of Prospects, Limits of Means: An Outlook21: Mireille Delmas-Marty: The Limits of Human Rights in a Moving World-Elements of a Dynamic Approach22: Marie-Bénédicte Dembour: Where are the Limits of Human Rights? Four Schools, four Complementary Visions: A Response to Mireille Delmas-Marty23: Douglas A. Johnson and Kathryn Sikkink: Strategizing for Human Rights: From Ideals to Practice24: Micheline Ishay: Historical Strategies for Human Rights: A Response to Kathryn Sikkink and Douglas Johnson