Description
Book SynopsisThis 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
Trade ReviewThis excellent book gives a profound account of the status quo of international human rights law. It fills a gap in the literature on human rights that is largely substance but not implementation oriented. It will of great value to students, but also to anyone interested in learning more about the functioning of human rights regimes... [It] is a comprehensive cutting-edge overview of human rights practise. * Jannika Jahn, The Journal of Comparative Public Law and International Law (ZaöRV) *
Review 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. * George 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 *
Table of ContentsIntroduction ; 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?
