Introduction

2021 ◽  
pp. 1-22
Author(s):  
Rosalind Dixon ◽  
David Landau

This introduction frames the two trends that are at the core of this book: the triumph of liberal democratic constitutional discourse and the erosion of democracy. Liberal democratic designs, doctrines, and concepts have diffused easily around the world. These norms are promoted by a thick network of actors, and link to other thriving communities such as international human rights. But the rhetorical triumph of liberal democracy has not resulted in a steady increase in democracy—instead, recent years have seen stagnation and backsliding. This seeming paradox is explained by the ease with which liberal democratic ideas can be repurposed to serve anti-democratic ends. Reliance on liberal democratic institutions for anti-democratic moves may conceal their true purpose and make both domestic and international audiences less willing or able to formulate a critique. Furthermore, many liberal democratic norms are double-edged swords that can readily be used to attack rather than protect democracy.

Author(s):  
Bożena Drzewicka

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.


Author(s):  
Emilie M. Hafner-Burton

This chapter advocates a process called “triage” for resource allocation that requires investing more heavily in areas where the evidence indicates that human rights promotion is most likely to work. It argues that the universality of human rights norms, which are the bedrock of the international human rights legal system and the core idea of the Universal Declaration of Human Rights, is not a tenable guide for the most effective implementation of human rights norms. It explains why human rights is a matter of national interest and how assessments of leverage impact human rights. It shows how triage can help stewards in the area of international legal reform and concludes by outlining steps that could transform the process through which government stewards work to protect human rights and increase the returns on international promotion efforts for human rights protection.


Author(s):  
Ronald Labonté ◽  
Arne Ruckert

A long-standing and fundamental facet of global governance for health has been the development of an international human rights framework. Arising from the aftermath of World War II, human rights are comprised of several different covenants that constitute international law, albeit lacking in international enforcement measures. When these rights are instantiated within national laws or constitutions, however, they become justiciable within a country’s legal system. There are also global bodies responsible for oversight of their implementation. Their strength, as with that of the Sustainable Development Goals’ Agenda 2030, may rest more on their normative force—how the world’s people imperfectly expressed through their governments believe the world should work and look like. Given a growing illiberal temper in the emerging post-truth world, whether the norms embedded in human rights law can rise to the challenge of ‘taming’ globalization’s neoliberal underpinnings is a pivotal question still awaiting a firm answer.


Author(s):  
Michael Freeman

This chapter examines the concept of human rights, which derives primarily from the Charter of the United Nations adopted in 1945 immediately after World War II. It first provides a brief account of the history of the concept of human rights before describing the international human rights regime. It then considers two persistent problems that arise in applying the concept of human rights to the developing world: the relations between the claim that the concept is universally valid and the realities of cultural diversity around the world; and the relations between human rights and development. In particular, it explores cultural imperialism and cultural relativism, the human rights implications of the rise of political Islam and the so-called war on terror(ism), and globalization. The chapter concludes with a discussion of the new political economy of human rights.


Author(s):  
Heyns Christof ◽  
Killander Magnus

This article focuses on the regional human rights systems. It suggests that the emergence of these systems constitutes an important dimension of broader participation in the international human rights project because they provide platforms where people from all parts of the world can potentially make their voices heard in the global human rights discourse. It compares the regional human rights systems of Europe, the Americas and Africa and considers other smaller initiatives such as the Arab League and the Organization of Islamic Cooperation (OIC).


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