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The Twilight of Human Rights Law (Hardcover)
Loot Price: R847
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The Twilight of Human Rights Law (Hardcover)
Series: Inalienable Rights
Expected to ship within 12 - 17 working days
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In International Human Rights, acclaimed legal scholar Eric Posner
seeks to explain a paradox: the language of human rights is now the
dominant mode of international moral criticism of governments, and
yet the evidence suggests that most countries flagrantly violate
the human rights treaties that they solemnly ratify. The prevailing
consensus, he notes, is that governments should promote the
well-being of citizens in their countries, and that in extreme
cases, foreign countries should intervene and replace governments
that fail to comply with this duty. The problem, he contends, is
countries disagree on how they can achieve those goals. This
weakness is on full display in existing human rights treaties, and
the result is a general failure. Because countries have not been
able to agree about 'well-being,' they ended up negotiating
treaties that are vague and (by design) unenforceable. In addition,
countries have ensured that international organizations possess
weak enforcement powers. Moreover, when enforcement does occur, it
is invariably partial and scattershot. In whack-a-mole style,
target countries can compensate for addressing some violations by
reducing their compliance with other norms that are not the focus
of enforcement. Posner closes by arguing that foreign aid provides
a better model for pressuring governments to improve their
treatment of citizens. Under the foreign aid regime, western
countries look at overall indicators of well-being in other
countries-such as per capita GDP-and offer aid based on whether it
is likely to help people escape poverty. Governments that make
progress in reducing poverty should be deemed in compliance with
their human rights obligations, and we should not waste time trying
to enforce more specific rights like freedom of the press or the
right to privacy. In addition to offering a powerful and
provocative thesis, this is a concise introduction to international
human rights law. Posner describes the major treaties and the major
international organizations; the evidence regarding the effect of
human rights treaties on the behavior of governments; and recent
international controversies over human rights such as the United
States' use of torture, China's persecution of political
dissidents, and the debate over the alleged right against
defamation of religion.
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