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The Politics of the Globalization of Law - Getting from Rights to Justice (Hardcover)
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The Politics of the Globalization of Law - Getting from Rights to Justice (Hardcover)
Series: Routledge Advances in International Relations and Global Politics
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How does the globalization of law, the emergence of multiple and
shifting venues of legal accountability, enhance or evade the
fulfillment of international human rights? Alison Brysk's edited
volume aims to assess the institutional and political factors that
determine the influence of the globalization of law on the
realization of human rights. The globalization of law has the
potential to move the international human rights regime from the
generation of norms to the fulfillment of rights, through direct
enforcement, reshaping state policy, granting access to civil
society, and global governance of transnational forces. In this
volume, an international and interdisciplinary team of scholars
explores the development of new norms, mechanisms, and practices of
international legal accountability for human rights abuse, and
tests their power in a series of "hard cases." The studies find
that new norms and mechanisms have been surprisingly effective
globally, in terms of treaty adherence, international courts,
regime change, and even the diffusion of citizenship rights, but
this effect is conditioned by regional and domestic structures of
influence and access. However, law has a more mixed impact on
abuses in Mexico, Israel-Palestine and India. Brysk concludes that
the globalization of law is transforming sovereignty and fostering
the shift from norms to fulfillment, but that peripheral states and
domains often remain beyond the reach of this transformation.
Theoretically framed, but comprised of empirical case material,
this edited volume will be useful for both graduate students and
academics in law, political science, human rights, international
relations, global and international studies, and law and society.
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