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Paradigms of International Human Rights Law (Hardcover)
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Paradigms of International Human Rights Law (Hardcover)
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Paradigms of International Human Rights Law explores the legal,
ethical, and other policy consequences of three core structural
features of international human rights law: the focus on individual
rights instead of duties; the division of rights into substantive
and nondiscrimination categories; and the use of positive and
negative right paradigms. Part I explains the types of individual,
corporate, and state duties available, and analyzes the advantages
and disadvantages of incorporating each type of duty into the world
public order, with special attention to supplementing individual
rights with explicit individual and state duties. Part II evaluates
how substantive rights and nondiscrimination rights are used to
protect similar values through different channels; summarizes the
nondiscrimination right in international practice; proposes
refinements; and explains how the paradigms synergize. Part III
discusses negative and positive paradigms by dispelling a common
misconception about positive rights, and then justifies and defines
the concept of negative rights, justifies positive rights, and
concludes with a discussion of the ethical consequences of
structuring the human rights system on a purely negative paradigm.
For each set of alternatives, the author analyzes how human rights
law incorporates the paradigms, the technical legal implications of
the various alternatives, and the ethical and other policy
consequences of using each alternative while dispelling common
misconceptions about the paradigms and considering the arguments
justifying or opposing one or the other.
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