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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.
As knowledge of Latin continues to diminish, its frequent use in
cases, textbooks, treaties, and scholarly works baffles law
students, practitioners, and scholars alike. Many of the Latin
terms commonly used by international lawyers are not included in
some of the more popular law dictionaries. Terms and phrases
included in modern dictionaries usually offer nothing more than a
literal translation without sufficient explanation or context
provided. The Guide to Latin in International Law provides a
comprehensive approach and includes both literal translations and
definitions with several useful innovations. Included is not only
the modern English pronunciation but also the classical or
"restored" pronunciation. Its etymology is more complete than the
leading law dictionary on the market, and the definition for each
term includes examples used in context whenever helpful. Each entry
is also cross-referenced to related terms for ease of use. This
updated edition is the quintessential desktop reference for
understanding Latin terms and phrases across all areas of
international law.
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