International Human Rights in Context: Law, Politics, Morals: Text and Materials

International Human Rights in Context presents diverse materials consisting of extensive authors' text an dquestions; sharply edited primary materials ranging from intergovernmental or NGO reports to treaties, resolutions and decisions; and excerpts from secondary readings in law and legal theory, as well as other pertinent fields such as international relations, moral and political theory, and anthropology. The book introduces students to those organizing concepts and topics of public international law that are vital to understanding human rights issues. It stresses throughout the relationships among human rights norms, processes and institutions, as well as relationships between international and internal orders. The topics include civil and political rights, economic and social rights, intergovernmental and non-governmental institutions, universal and regional regimes, human rights and foreign policy, democratization, women's rights, self determination and autonomy regimes, individual criminal responsibility, and development. The book's broad themes include universalism and cultural relativism, rights or duties as organizing conceptions, the relevance of the private-public distinction, and transformed conceptions of statehood and sovereignty.

The second edition of this widely acclaimed textbook has been completely revised to include developments in international human rights over the last five years. Retaining its unique approach and style, the book includes questions, problem cases, and a wide range of carefully edited materials from both primary and secondary sources. Gender topics are integrated into the general text where relevant; judicial opinions on constitutional issues by the national courts are also included. This edition offers more topics dealing with cultural variety, such as relating and personal law regimes. In addition, new information is provided on international humanitarian law and the laws of war, including the International Criminal Tribunal.

Henry Steiner is Jeremiah Smith Jnr Professor of Law and Director of the Law School Human Rights Program, Harvard University.

Philip Alston is Professor of International Law at the European University Institute, Florence

Preface

Acknowledgements

A. Evolution of Contemporary Human Rights

1. Survey of Basic Concepts

a. Global Snapshots

b. Death Row and Death By Execution

2. International Law Concepts and Background to Human Rights

a. International law: Basic Concepts and Processes

b. Historical Antecedents to Contemporary Human Rights Movement

c. International Humanitarian Law: A Preliminary Look

3. Evolution of Universal Human Rights: Civil and Political Rights

a. The Two Basic Instruments: Universal Declaration and Civil-Political Covenant

b. Women's Convention: CEDAW

c. Soverign States and International Norms

4. Evolution of Universal Human Rights: Economic and Social Rights

B. What Are Rights, and Are They The Same Everywhere?

5. Notions of Rights, Universalism, and Cultural Relativism

a. Conceptions of Rights and Duties, of Individual Group Rights

b. Description of and Theory about Cultural Relativism

6. Conflicting Traditions and Rights: Illustrations

a. African Charter: Rights and Duties

b. Gender Issues: Treaty Reservations and Female Genital Mutilation

c. Religion and the State: Establishment, Group Autonomy Regimes, and Freedom of Religion

d. Freedom of Speech

e. Children'w Convention

f. The East Asian Debate about Relativism

C. International Institutions of the Human Rights Movement

7. Introductory Notions

8. United Nations Institutions: Developing, Implementing, and Enforcing Human Rights

9. The Developing International Civil Society: Human Rights NGOs and Other Non-State Entities

10. The ICCPR Committee and the Role of Treaty Organs

11. Regional Organizations: The European, Inter-American, and African Human Rights Regimes

D. States as Protectors and Enforcers of Human Rights

12. Internal Protection of Human Rights by States

a. The Spread of State Constitutions in the Liberal Model

b. Human Rights Treaties within States' Legal Orders

c. Enforcement of Customary Norms: The Role of Courts

13. States as Enforcers of the Human Rights Movement Against States

E. Current Topics

14. War Crimes and Other Massive Violations of Human Rights: International Humanitarian Law, Prosecutions and Truth Commissions

15. Globalization: Implications for Human Rights Norms

16. Self-Determination

17. Democracy