The Sovereignty of Human Rights by Patrick MacklemThe Sovereignty of Human Rights by Patrick Macklem

The Sovereignty of Human Rights

byPatrick Macklem

Hardcover | September 2, 2015

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The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverseconsequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universalfeatures of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins ofinternational human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Patrick Macklem is the William C. Graham Professor of Law at the Faculty of Law, University of Toronto, and a Fellow of the Royal Society of Canada. He is a recurring Visiting Professor at Central European University. In 2006-2007, he was a Senior Global Research Fellow at the Center for Human Rights and Global Justice at NYU School of...
Title:The Sovereignty of Human RightsFormat:HardcoverDimensions:272 pages, 9.25 × 6.12 × 0.98 inPublished:September 2, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190267313

ISBN - 13:9780190267315

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Table of Contents

Acknowledgments1. Field MissionsHuman Rights as Moral ConceptsHuman Rights as Political ConceptsHuman Rights as Legal ConceptsThe Plan of the Book2. Sovereignty and StructureSovereignty and its ExerciseBetween the National and InternationalSovereignty and its Distribution3. Human Rights: Three Generations or One?Generations as Chronological CategoriesGenerations as Analytical CategoriesCivil and Political Rights as Monitors of Sovereignty's ExerciseSocial and Economic Rights as Monitors of Sovereignty's Exercise4. International Law at WorkLabor Rights as Instrumental RightsLabor Rights as Universal RightsLabor Rights and the Structure of International Law5. The Ambiguous Appeal of Minority RightsThe Moral Ambiguities of Minority RightsThe Political Ambiguities of Minority RightsThe Interdependence of Sovereignty and Minority Protection6. International Indigenous RecognitionIndigenous Territories and the Acquisition of SovereigntyIndigenous Recognition and the International Labour OrganizationIndigenous Recognition and the United NationsThe Purpose of International Indigenous Rights7. Self-Determination in Three MovementsSelf-Determination and the Legality of ColonialismThe Many Paradoxes of Self-DeterminationBridging International Law and Distributive Justice8. Global Poverty and the Right to DevelopmentThe Emergence of the RightImplementing the RightFrom Global Poverty to International LawThe Right to Development and the Rise and Fall of ColonialismBibliographyIndex

Editorial Reviews

"The Sovereignty of Human Rights is a must-read for anyone interested in international human rights law and global justice. Professor Macklem presents a highly original theory of human rights as normative legal concepts, focused on their role in the international legal system. The legalconception he offers is analytically distinct from both traditional moral and recent political conceptions. Given the expansion of international human rights law since the 1970s, Macklem's focus on their function as legal norms is illuminating and important...In short, Macklem's book forces us torethink and revise our understanding of the effects of the ascription of international legal sovereign authority to certain political communities deemed states, and to revise our view of what constitutes a human right in the international system accordingly." --Jean L. Cohen, Nell and Herbert Singer Professor of Political Theory and Contemporary Civilization, Columbia University