Post-Backlash Human Rights Law

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What are the legal consequences of the political phenomenon of human rights backlash? After providing a novel definition of the phenomenon, Sanja Dragic explores some of the rules generated as a reaction to the backlash—“the post-backlash human rights law”. Three case studies meticulously analyze the legal conversations between the opposing states and the global human rights community before the new rules appeared on the international scene. The picture that emerges from these insights is of an unequal relationship between the opposing sides and the post-backlash law which sustains the afflicted structure.

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Sanja Dragić earned her Ph.D. in International Law from the Graduate Institute of International and Development Studies.
Acknowledgments

Introduction The Human Rights Backlash

1New Rules for Human Rights Treaties
 1 Reservations
 1.1 Backlash Reservation

 1.2  vclt  Is Not Enough: Need for the Additional Rules

 1.3 Regional Human Rights Bodies Establish the Solutions

 1.4 UN Bodies Confirm the New Practice?


 2 Withdrawals
 2.1 Denouncing Substantive Human Rights Treaties

 2.2 Withdrawing from the Jurisdiction of Treaty Monitoring Bodies


 3 The Picture


2The Right to Foreign Funding for Civil Society
 1 Narratives in the Background
 1.1 State v Civil Society

 1.2 Civil Society v State


 2 Who’s Who?
 2.1 “Civil Society”

 2.2 Foreign Funding


 3 The (New) Norm
 3.1 The (Unrestricted) Right to Foreign Funding for Civil Society

 3.2 The Restricted Right to Foreign Funding for Political Parties


 4 The Picture


3Immunities for Senior State Officials
 1 Situating the Post-Backlash Norms

 2 Before the Backlash: Can You Hear Us?
 2.1 Voices in the Universal Jurisdiction Debate

 2.2 Voices before the  icc 

 2.3 African Solution to African Problems


 3 The Picture


4Insights from a Battle of Narratives
 1 Silencing the Voices
 1.1 The Ways of Silencing

 1.2 The Silent Arguments
 1.2.1 Sovereignty and Non-interference in Internal Matters

 1.2.2 The Dignity of the State

 1.2.3 Colonialism and Economic Development


 2 Humanizing the Law

 3 Recreating the Self

 4 Outcome in the Context

 5 The Picture of the Pictures


5Conclusion On Rights and Rules

Bibliography

Index

The book is of interest to international law, human rights and international relations scholars and practitioners. Universities, academic libraries, libraries within international organizations, and global NGOs will find it of use.
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