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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.
Traditional international law aims to protect the values and
interests of states. The rapidly increasing corpus of international
human rights law (including international humanitarian law and
international criminal law) increasingly challenges the basic
tenets of general international law. In order to become accepted as
the law of the world community, general international law needs to
better reflect the values and interests of a wider range of actors,
including the individual.
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