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Human rights : between idealism and realism / Christian Tomuschat.
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Title:Human rights : between idealism and realism / Christian Tomuschat.
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Author/Creator:Tomuschat, Christian, author.
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Published/Created:Oxford : Oxford University Press, 2014.
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K3240 .T66 2014
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:United Nations.
Human rights.
Human rights--International cooperation.
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Medical Subjects: Human Rights
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Edition:Third edition.
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Description:liii, 464 pages ; 24 cm
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Series:Collected courses of the Academy of European Law ; v. 13/3.
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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.
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Notes:Previous edition: 2008.
Includes bibliographical references and index.
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ISBN:9780199683727 (hardback)
0199683727 (hardback)
9780199683734 (paperback)
0199683735 (paperback)
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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.