The past few decades have witnessed an increase in the number international human rights treaties, their incorporation into domestic jurisdictions as well as the proliferation of wider public discourse on human rights. 'Human rights' has taken centre stage as an international political goal, however much of this talk is actually about human rights law.
This book starts from a new and provocative premise: that the relationship between human rights and their legal expression is not a straightforward one, but needs to be examined more closely. The volume, therefore, scrutinises the extent to which legalisation shapes the human rights ideal, and surveys its ethical, political and practical repercussions. The expert contributors to the volume approach these issues from a variety of different perspectives: political theory/moral theory, anthropology, sociology, international law, international politics and political science and demonstrate a diversity of methodologies.
This book invites students and researchers of human rights to question the gap between human rights as a moral and political concept, and human rights law, provoking the reader to consider the possibilities of deliberation on human rights outside of their legal manifestations.

The past few decades have witnessed an increase in the number international human rights treaties, their incorporation into domestic jurisdictions as well as the proliferation of wider public discourse on human rights. 'Human rights' has taken centre stage as an international political goal, however much of this talk is actually about human rights law.
This book starts from a new and provocative premise: that the relationship between human rights and their legal expression is not a straightforward one, but needs to be examined more closely. The volume, therefore, scrutinises the extent to which legalisation shapes the human rights ideal, and surveys its ethical, political and practical repercussions. The expert contributors to the volume approach these issues from a variety of different perspectives: political theory/moral theory, anthropology, sociology, international law, international politics and political science and demonstrate a diversity of methodologies.
This book invites students and researchers of human rights to question the gap between human rights as a moral and political concept, and human rights law, provoking the reader to consider the possibilities of deliberation on human rights outside of their legal manifestations.

The question of the authority of international law over domestic authorities and the duties of state officials to international law are fundamental concerns in international legal theory and practice. The Authority of International Law: Obedience, Respect, and Rebuttal addresses these concerns by reframing the present accounts of authority in international law, construing its authority as imposing three different layers of duties on domestic officials: the duty to obey, the duty to respect, and the duty to rebut. The book provides an original interpretation of this authority - one that is not tied to prior state consent or domestic constitutional frameworks. It offers a nuanced account, arguing that whether or not international law is obeyed within any given situation depends on the type of duty it imposes on the state, and that duty's normative force. There is no strict framework in which international law always trumps domestic law or vice versa. Instead, Cali presents a realistic account of when international law has absolute authority, and when it can afford a margin of appreciation to states. The Authority of International Law contributes to existing debates by considering the gap between consent-based jurisprudential theories of authority and self-interest and identity-based theories of compliance, and by considering monism, dualism, and normative pluralism as theories for addressing authority competition between domestic legal orders and international law.

The focus of this edited volume is the often-overlooked importance of secondary rules of international law. Secondary rules of international law-such as attribution, causality, and the standard and burden of proof-have often been neglected in scholarly literature and have seen fragmented application in international legal practice. Yet the systemic nature of international law entails that coherent and consistent application of such rules is a key element in reinforcing the legitimacy of decisions of international courts and tribunals. Accelerated development of international law and international litigation, coupled with the fragmented nature of the adjudicatory terrain calls for theoretical scrutiny and systemic analysis of the developments in the judicial treatment of secondary rules. This publication makes three important contributions to the study of secondary rules. First, it offers a comprehensive, expert doctrinal analysis of how standard of review, causation, evidentiary rules, and attribution operate in the case law of international courts or tribunals in fields spanning human rights, trade, investment, and humanitarian law. Second, it comparatively evaluates the divergent layers of meanings and normative expectations attached to secondary rules in international law scholarship as well as in the judicial practice of international courts and tribunals. Finally, the book investigates the role that secondary rules play in the development of the primary rules in international law and for the legitimacy of the decisions of international courts and tribunals. Earlier scholarly works have not problematized the role of secondary rules of international law in adjudication thoroughly. Secondary Rules of Primary Importance in International Law seeks to fill this gap by emphasizing the consequential nature of these secondary rules and argues that the outcome of litigation is fundamentally shaped by the exact standard of proof, standard of review, or attribution basis that is chosen by adjudicators. As such, the book offers an important resource for the study and practice of international law against the backdrop of the wide-ranging and fragmented nature of international adjudication.

This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.

Due to the increasingly global nature of contemporary politics, it is necessary for students to have a solid grasp of international law. International Law for International Relations provides comprehensive coverage of the different ways to approach the study of international law. Drawing upon the work of internationally renowned academics and practitioners, this cutting-edge anthology identifies key issues within the field.
Marked by its lucid presentation of the complexities of international law, this reader is ideal for students who have not who have not previously studied law. It is also suitable for graduate students who are tackling international law for the first time.
FEATURES
* Explains the role and place of non-state actors in international law
* Maps out the different patterns of interaction between law and politics
* Expands on a wide variety of compliance issues
* Supplemented by a Companion Website (www.oup.com/uk/orc/bin/9780199558421) containing resources for both students--including a flashcard glossary, lists of key points, problem-solving questions, and weblinks--and instructors (PowerPoint-based lecture slides and a password-protected Test Bank)