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Defensive Relativism
Defensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. ...
Critically Examining the Case Against the 1998 Human Rights Act
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues...
The Law, Politics and Theory of Treaty Withdrawal
This book explores how the law of treaty withdrawal operates. Many commentators have observed a wider sense of crisis in international law as governments of different ideological stripes withdraw or threaten to withdraw from international organisations and treaties. There are different political forces behind all of these cases, but they all use the same basic device in international law a treaty withdrawal clause. This book focuses on withdrawal clauses within multilateral treaties, providing a detailed overview of their operation, drawing on a range of case studies including Brexit, nuclear weapons treaties and investment arbitration agreements. The obligations a withdrawal clause places on a withdrawing state help regulate the withdrawal process, providing a notional form of stability. Using insights from international relations theory and legal theory, this book unpacks how and why the law of withdrawal operates and what its limitations are.
Accelerating Human Evolution by Theosophical Initiation
The main subjects of analysis in the present book are the stages of initiation in the grand scheme of Theosophical evolution. These initiatory steps are connected to an idea of evolutionary self-development by means of a set of virtues that are relative to the individual’s position on the path of evolution. The central thesis is that these stages were translated from the “Hindu” tradition to the “Theosophical” tradition through multifaceted “hybridization processes” in which several Indian members of the Theosophical Society partook. Starting with Annie Besant’s early Theosophy, the stages of initiation are traced through Blavatsky’s work to Manilal Dvivedi and T. Subba Row...
Human Rights and the UN Universal Periodic Review Mechanism
The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. D...
