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The main challenges within international human rights law are
generally thought to be in the fields of transitional justice,
non-state actors, terrorism, development, poverty and environmental
degradation. This volume of articles not only covers these
mainstream challenges but also a wider and more systematic range,
including justiciability of social and economic rights,
extraterritoriality, health care and investment arbitration. The
key literature selected for this collection includes articles that
have appeared in mainstream journals and books from leading
publishers as well as papers that have appeared in lesser known
journals, hard to find books and UN documents. Some of these are
classic essays whilst others are more recent additions that reflect
the current state of the debate. The papers are put into context by
a specially commissioned introduction by the volume editor. This
volume is an invaluable resource for human rights lawyers in search
of the key literature in fields outside their own specialization as
well as for students, researchers and lecturers seeking an overview
of the challenges in human rights law.
In academic human rights research, especially legal human rights
research, little attention tends to be devoted to questions of
methodology. One reason for this may be that human rights scholars
often are former human rights activists. Dispensing with
methodological niceties enables them to engage in wishful thinking
and to come up with the conclusions they were hoping to find in the
first place. Furthermore, although much emphasis continues to be
put on the need to carry out human rights research from a
multidisciplinary perspective, the methods to be applied in such
research remain far from clear. Which criteria can be identified to
qualify a piece of human rights research as a methodologically
sound piece of work? Are there aspects and considerations that are
typical for human rights research? What are good practices in human
rights research? This book addresses these questions from the
perspective of different scholarly fields relevant for human rights
research, including international law, criminal law, criminology,
political science, comparative politics, international relations,
anthropology; philosophy, and history. This book is essential
reading for any PhD candidate embarking on a dissertation in the
field of human rights and any human rights scholar wishing to
critically reflect on the quality of her/his own methods of work.
Menno T. Kamminga challenges one of the cornerstones of classic
international law: the presumption that states are entitled to
exercise diplomatic protection only on behalf of their own
nationals. Kamminga systematically reexamines this position,
arguing that if a state violates its international human rights
obligations, other states are entitled to exercise full protection
on behalf of the victims, regardless of their nationality.
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