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Human Rights in Emergencies

$35.99

Part of ASIL Studies in International Legal Theory

Evan J. Criddle, Gerald L. Neuman, James W. Nickel, Emily M. Hafner-Burton, Laurence R. Helfer, Christopher J. Fariss, Fionnuala Ní Aoláin, Thomas Poole, William E. Scheuerman, Scott Sheeran, Diane A. Desierto
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  • Date Published: May 2017
  • availability: Available
  • format: Paperback
  • isbn: 9781107535961

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  • 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.

    • Brings together leading scholars to discuss the problems and theoretical frameworks that have shaped current debates on emergency powers under international law
    • Breaks new ground in proposing novel approaches for designing human rights instruments
    • Provides an interdisciplinary perspective, drawing on law, political science, history, philosophy, and other related disciplines
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    Product details

    • Date Published: May 2017
    • format: Paperback
    • isbn: 9781107535961
    • length: 301 pages
    • dimensions: 230 x 150 x 17 mm
    • weight: 0.45kg
    • availability: Available
  • 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.

  • Editor

    Evan J. Criddle, William and Mary Law School
    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.

    Contributors

    Evan J. Criddle, Gerald L. Neuman, James W. Nickel, Emily M. Hafner-Burton, Laurence R. Helfer, Christopher J. Fariss, Fionnuala Ní Aoláin, Thomas Poole, William E. Scheuerman, Scott Sheeran, Diane A. Desierto

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