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    Human rights : between idealism and realism / Christian Tomuschat.

    • Title:Human rights : between idealism and realism / Christian Tomuschat.
    •    
    • Author/Creator:Tomuschat, Christian, author.
    • Published/Created:Oxford : Oxford University Press, 2014.
    • Holdings

       
    • Library of Congress Subjects:United Nations.
      Human rights.
      Human rights--International cooperation.
    • Medical Subjects: Human Rights
    • Edition:Third edition.
    • Description:liii, 464 pages ; 24 cm
    • Series:Collected courses of the Academy of European Law ; v. 13/3.
    • Summary:By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides 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.
    • Notes:Previous edition: 2008.
      Includes bibliographical references and index.
    • ISBN:9780199683727 (hardback)
      0199683727 (hardback)
      9780199683734 (paperback)
      0199683735 (paperback)
    • Contents:Machine generated contents note: I. New Paradigm of International Law: The Individual and Human Rights
      II. Concept of Human Rights
      III. Boundaries of Human Rights
      IV. Repercussions of Human Rights Claims for the Balance between State and Society
      V. Moral Foundations of Human Rights
      VI. Human Rights-Harbingers of an Individualistic Society?
      VII. Provisional Summary and Outlook
      I. Human Rights and the Rise of the State in Europe
      II. International Protection of Human Rights: A Latecomer in History
      III. From the Sixteenth Century to 1776
      IV. From 1776 to 1914
      V. Between the Two World Wars
      VI. Great Leap Forward: 1945
      I. Three Stages
      II. Universal Declaration of Human Rights
      III. European Convention on Human Rights and European Social Charter
      IV. Two UN Covenants on Human Rights
      V. Legal Framework Established by the UN Specialized Agencies
      VI. American Convention on Human Rights
      VII. African Charter of Human and Peoples' Rights
      VIII. Regional Instruments in Asia
      IX. Charter of Fundamental Rights of the European Union
      X. Customary Law
      XI. Jus Cogens
      XII. Soft Law
      I. Introductory Considerations
      II. Legal Dimension
      III. Value Dimension
      IV. Empirical Dimension
      V. Conclusion
      I. Introductory Considerations
      II. Equality and Non-Discrimination
      III. Human Dignity
      IV. Rule of Law
      I. Introductory Considerations
      II. Scope of Application of International Human Rights
      III. Subsidiarity
      IV. Restriction (Clawback) Clauses
      V. Margin of Appreciation
      VI. Principle of the Most Favourable Rule
      I. Right Holders
      II. Duty Bearers
      I. Unity and Diversity of Human Rights
      II. Development of First Generation and Second Generation Rights at National Level
      III. Contents of the International Bill of Human Rights
      IV. Unity, and the Difference in Character, of First Generation and Second Generation Rights
      V. Third Generation Rights
      I. Introductory Considerations
      II. Democracy
      III. Good Governance
      IV. Human Security
      V. Globalization
      VI. Shadow of Terrorism
      VII. Conclusion
      I. Introductory Considerations
      II. Relationship between International Law and Domestic Law in the Field of Human Rights
      III. Place of Human Rights Instruments in the Domestic Legal Order
      IV. Implementation of Human Rights Obligations by Special Institutions
      V. Other Modalities of Implementation
      I. United Nations
      II. European Union
      III. Council of Europe
      IV. Organization for Security and Co-operation in Europe
      V. Conclusion
      I. Introductory Considerations
      II. Reporting Systems at Regional Level
      III. Reporting Systems at UN Level
      I. Complaint Procedures
      II. Fact-finding
      III. Conclusion
      I. Introductory Considerations
      II. Worldwide Level
      III. Regional Level
      I. General Considerations
      II. Action By States
      III. Action by Non-Governmental Organizations
      I. General Considerations
      II. Brief Historical Survey
      III. Prohibition of Specific Weapons
      IV. Legal Sources
      V. Main Issues
      VI. Ensuring Observance of, and Respect for, Humanitarian Law
      I. General Considerations
      II. National Prosecution
      III. International Prosecution
      IV. Summary Balance Sheet of the Ad Hoc Tribunals
      V. Conclusion
      I. General Considerations
      II. Redress Afforded by the International Community
      III. Cause of Action Under Specific International Regimes
      IV. Individual Claims Under General International Law
      V. Procedures Under Domestic Law
      VI. Immunity.
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