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Burns Weston and Stephen Marks

The Future of International Human Rights analyzes and assesses emerging domains of international human rights law and practice, the development of which is part of the legacy of the Universal Declaration, and explores the viable pathways to the future that the Declaration opens up.



Published under the Transnational Publishers imprint.

Edited by Christopher Eisgruber

The rise of international human rights during the last half of the twentieth century has transformed traditional notions of sovereignty. No longer is international law concerned almost exclusively with external relations among states and their representatives. Now, it imposes substantial restrictions on the domestic affairs of states and protects ordinary persons against mistreatment by their own government. The change came about in response to the Holocaust and the century’s other great tragedies. Few doubt its value. Nevertheless, power exercised in the name of human rights can be misused or abused. As human rights institutions matured, and as international organizations intervened more vigorously on a global scale, human rights advocates and their critics worried about whether quests to vindicate supposedly universal human rights might sometimes impose western, first-world norms on cultures that did not want them. In this volume, internationally noted scholars collaborate to address issues about human rights and local culture from philosophical, legal, anthropological and sociological perspectives. Their essays focus on topics including self-determination, religion, truth & reconciliation commissions, and sexual mores.

Does God Believe in Human Rights?

Essays on Religion and Human Rights

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Edited by Nazila Ghanea-Hercock, Alan Stephens and Ralph Walden

Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement?
In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title.
The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.

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Edited by Ineta Ziemele

There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties.
This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.

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Edited by Jan Klabbers, Katja Creutz and Åsa Wallendahl

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union.

The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews, and relevant overviews of Finland’s state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature.

The United Nations High Commissioner for Human Rights

The Challenges of International Protection

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Bertie G. Ramcharan

Ever since its creation, the United Nations has sought to protect as well as to promote human rights. Those who campaigned for decades for the establishment of the post of High Commissioner for Human Rights did so in the hope that the High Commissioner would spearhead the efforts of the United Nations and the international community to protect those at risk or whose rights are being violated. How has the High Commissioner contributed to international protection since the establishment of the office in 1993?
This book, the first-ever written on the office since its establishment, presents the protection role of the High Commissioner. It argues that limited protection functions are carried out by the Security Council, the Secretary-General, the Commission on Human Rights and its special procedures, and the High Commissioner. However, international protection is still in its infancy and much more remains to be done to bring about a protection system that effectively anticipates and prevents gross violations, contributes to mitigation and cure, and facilitates remedies and compensation.
This is a valuable pioneering work in the area of the international protection of human rights.

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Edited by Kirsten Hastrup and George Ulrich

Discrimination on the basis of race, gender or other ascribed group affiliations or individual identities is an all too well-known phenomenon. International instruments are invoked and refined to alter this situation, but often to little avail. In the present volume, authors from across the globe explore the nature and forms of discrimination and seek to establish a new conceptual ground for addressing the issue.
Toleration is often advocated as a remedy for discriminatory practices. In contrast to tolerance, which is seen as an attitude, toleration implies an active engaging of difference. In this volume, several authors address the inherent complexities of the notion itself, not least the implication of asymmetry between the tolerant and the tolerated.
A central theme throughout the volume is the relative force of law and other areas of public concern in addressing the issues of both discrimination and toleration. From a wide range of legal, literary, anthropological, and philosophical perspectives, the authors also show how the role of the intellectual is vital in reshaping the discourse and in redirecting practices that may affirm the equal worth of all humans.

Arlinda Rrustemi

enforcement and peace keeping through au missions, and reconstruction and development through focusing on security, emergency assistance, political governance, socio-economic reconstruction, human rights, justice, and reconciliation and women. They further deal with security sector reform ( ssr

REVIEW ESSAY: REPARATORY JUSTICE - A ROAD TO RECONCILIATION? ON THE ROLE OF REPARATIONS IN TRANSITIONAL JUSTICE THEORY.

Patricia B. Hayner. Unspeakable Truths: Confronting State Terror and Atrocity, Routledge, New York and London 2001. Ruti Teitel. Transitional Justice, Oxford and New York, Oxford University Press, 2000.

Siri Gloppen

TRANSITIONAL JUSTICE - ADDRESSING FORMER REGIME ATROCITIES Societies traumatised and divided by a history of massive human rights violations face a common problem: how should this past be dealt with in order to advance social and political reconciliation and lay the foundations for democratic