Theory and Reality in the International Protection of Human Rights
Author | : Watson |
Publisher | : BRILL |
Total Pages | : 342 |
Release | : 2023-06-26 |
ISBN-10 | : 9789004637818 |
ISBN-13 | : 9004637818 |
Rating | : 4/5 (18 Downloads) |
Book excerpt: Many theories and propositions have been advanced on the tacit assumption that international law encompasses the protection of human rights. Very few, if any, question the validity of this position. Here is a book that does. Theory and Reality in the International Protection of Human Rights presents a defense of the traditional theory of international law-based on a decentralized nation-state system of international relation—as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated. Published under the Transnational Publishers imprint.