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Human Rights in Emergencies offers cutting-edge perspectives on the application of international human rights law during national emergencies. Leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights norms, and they explain how the law seeks to protect human rights during emergencies.
FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description
Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.
Author Biography
Evan J. Criddle is Professor of Law at William and Mary Law School, Virginia, where he specializes in public international law, international legal theory, human rights, fiduciary law and administrative law.
Table of Contents
Introduction: testing human rights theory during emergencies Evan J. Criddle; Part I. Designing a Human Rights Regime for Emergencies: 1. Constrained derogation in positive human rights regimes Gerald L. Neuman; 2. Protecting human rights during emergencies: delegation, derogation, and deference Evan J. Criddle; 3. Two models of normative frameworks for human rights during severe emergencies James W. Nickel; Part II. Law, Politics, and Power: 4. Emergency and escape: explaining derogations from human rights treaties Emily M. Hafner-Burton, Laurence R. Helfer and Christopher J. Fariss; 5. The cloak and dagger game of emergency and war Fionnuala Ní Aoláin; 6. The law of emergency and reason of state Thomas Poole; 7. Human rights lawyers v. Carl Schmitt William E. Scheuerman; Part III. Emerging Challenges: 8. Human rights and derogation in peacekeeping: addressing a legal vacuum within the state of exception Scott Sheeran; 9. Austerity measures and international economic, social, and cultural rights Diane A. Desierto.
Promotional
This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.
Promotional "Headline"
This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.
Description for Bookstore
Human Rights in Emergencies offers cutting-edge perspectives on the application of international human rights law during national emergencies. Leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights norms, and they explain how the law seeks to protect human rights during emergencies.
Description for Library
Human Rights in Emergencies offers cutting-edge perspectives on the application of international human rights law during national emergencies. Leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights norms, and they explain how the law seeks to protect human rights during emergencies.
Details ISBN1107535964 Pages 301 Publisher Cambridge University Press Year 2017 ISBN-10 1107535964 ISBN-13 9781107535961 Format Paperback Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom Edited by Evan J. Criddle DEWEY 341.48 Illustrations black & white illustrations Publication Date 2017-05-11 Media Book Language English UK Release Date 2017-05-11 AU Release Date 2017-05-11 NZ Release Date 2017-05-11 Author Evan J. Criddle Series ASIL Studies in International Legal Theory Alternative 9781107115835 Audience Professional & Vocational We've got this
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