Human Rights: Between Idealism and Realism

Paperback | October 29, 2014

byChristian Tomuschat

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This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volumeprovides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies humanrights into clusters of different "generations". In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discriminationand discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specificallyentrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains howand why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of theimportance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

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This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volumeprovides a multidimensional overview of human rig...

Christian Tomuschat, born 23 July 1936 in Stettin (Germany). Professor of Constitutional and International Law in Bonn (1972-1995) and at Humboldt University Berlin (1995-2004). Member of UN Human Rights Committee (1977-1986) and of UN International Law Commission (1985-1996, President in 1992). Rapporteur on the situation of human ri...

other books by Christian Tomuschat

Format:PaperbackDimensions:512 pages, 9.21 × 6.14 × 0.01 inPublished:October 29, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199683735

ISBN - 13:9780199683734

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Table of Contents

Introduction1. The General Framework of Human Rights2. History of Human Rights3. Universality of Human Rights4. The Different 'Generations' of Human Rights: From Human Rights to Good Governance5. Implementation at National Level6. The Work of the Political Bodies of International Organizations7. The Work of Expert Bodies: Examination of State Reports8. The Work of Expert Bodies: Complaint Procedures and Fact-finding9. Supervision by International Tribunals10. Enforcement by States and the Role of Non-Governmental Organizations11. Mitigating the Effects of Armed Conflict: Humanitarian Law12. Criminal Prosecution of Human Rights Violations13. Civil Suits against Human Rights Violators14. Time for Hope, or Time for Despair?

Editorial Reviews

"In Human Rights: Between Realism and Idealism Christian Tomuschat fulfills his title's promise. His account of the place of human rights in domestic legal systems, and the international legal order is lucid and thorough, and it offers few concessions either to cynically inclined realists orto starry-eyed idealists... Tomuschat has written a book that will be of great use to readers of any jurisprudential bent. Human Rights offers an erudite and admirably well-organized overview of the network of formal legal rules and institutions that support human rights." --Rosa Brooks, American Journal of International Law