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Transnational Lawmaking Coalitions for Human Rights
Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.
The Many Paths of Change in International Law
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting th...
Between Forbearance and Audacity
Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.
International Norm Disputes
This volume offers a study of when and why contested international norms decline. It includes four contemporary case studies (the torture prohibition, the responsibility to protect, the duty to prosecute institutionalized in the ICC, and commercial whaling) and two historical case studies (privateering and the transatlantic slave trade).
Advocacy and Change in International Organizations
How do international organizations change? Many organizations expand into new areas or abandon programmes of work. Advocacy and Change in International Organizations argues that they do so not only at the collective direction of member states. Advocacy is a crucial but overlooked source of change in international organizations. Different actors can advocate for change: national diplomats, international bureaucrats, external experts, or civil society activists. They can use one of three advocacy strategies: social pressure, persuasion, and 'authority talk'. The success of each strategy depends on the presence of favourable conditions related to characteristics of advocates, targets, issues, a...
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...
The International Rule of Law
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.
Women's Property Rights Under CEDAW
For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
The Humanisation of Global Politics
This book observes a growing humanisation of global politics relating to the appearance of individual human beings in discourses of global politics. It identifies a mismatch concerning International Relations theory and International Law and the study of the humanisation of global politics. To overcome this mismatch, Sassan Gholiagha proposes a novel theoretical framework based on feminist and constructivist International Relations theory and non-statist theories of International Law scholarship. The book applies this interdisciplinary framework together with an interpretative analytical framework to three cases: the discourse on prosecution, studying international criminal law and the work of the International Criminal Court; the discourse on protection, focusing on the Responsibility to Protect; and the use of drones in targeted killing operations. Drawing on these case studies and the frameworks, the book identifies how individual human beings as participants in global politics position themselves and are positioned by others in these various discourses.
Tracing Value Change in the International Legal Order
The international legal order is undergoing a crisis of unusual proportions. This book brings together multiple interdisciplinary contributors to explore whether the values underpinning international law itself are changing, the processes and mechanisms through which changes might be taking place, and how these changes can be negotiated.
