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From Cosmopolitanism to Human Rights

From Cosmopolitanism to Human Rights

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509938520
  • 出版时间 January 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509955510
¥1,116.25
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
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  • 描述 
  • 大纲 
  • 详细

    This book explores a democratic theory of international law. Characterised by a back-and-forth between theory and practice, it explores the question from two perspectives: a theoretical level which reflects and criticizes the categories, words and concepts through which international law is understood, and a more applied level focussing on 'cosmopolitan building sites' or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council. Though written for an academic audience, it will have a more general appeal and be of interest to all those concerned with how international governance is developing.

  • Introduction
    PART I: ELEMENTS FOR A DEMOCRATIC THEORY OF INTERNATIONAL LAW
    1. What is Legal Cosmopolitanism?
    I. Cosmopolitan Sentiment and Phenomenology of the Relation to Others
    II. Relation to the Other and Society
    III. From Cosmopolitan Feeling to Legal Cosmopolitanism
    2. On the Theory of the International Constitution
    I. Georges Scelle's Concept of the International Constitution
    II. A Theory of the International Constitution Based on a Democratic Theory of International Law
    III. An Overview of the Evolution of the International Constitution
    IV. Conclusion
    3. A Cosmopolitan Perspective on the Responsibility to Protect
    I. Analysis of the Pivotal Concepts of R2P
    II. Outline Reconstruction of a Cosmopolitan Theory of Humanitarian Intervention
    4. Justifying International Law, Defending Cosmopolitanism
    I. Cosmopolitanism as the Flip Side of Neoliberalism
    II. Cosmopolitanism as the Construction of a Rootless Individualist
    III. The Theoretical and Practical Impossibility of World Politics
    IV. A Few Seemingly Inconsequential Thoughts by Way of an Inconclusive Conclusion…
    5. A Critical Defence of Human Rights
    I. The Critical 'Positivist' Approach
    II. The External Critical Approach Contesting 'Rights'
    III. The External Critical Approach Defending Human Rights
    6. Natural Law, Human Rights, the Law of Nature: Towards a Revived Modernity
    I. The Discourse of Sovereignty and Voluntarism
    II. The Discourse of Human Rights
    III. The Discourse of Nature
    7. Towards a Democratic Theory of International Law
    I. The Theoretical Structure of Classical International Law
    II. Cosmopolitan Projects: A Democratic Conception of International Law
    III. The Bases for a Democratic Theory of International Law
    PART II: TOWARDS WORLD CITIZENSHIP: 'COSMOPOLITAN BUILDING SITES'
    8. Civil Society's Role in International Organisations. Theory(ies) and Practice(s)
    I. The Obvious Point
    II. An Unthought-of Point
    9. Building a Universal System for the Protection of Human Rights: The Way Forward
    I. Change or Continuity: Has the Establishment of the Council Really Changed Anything in the Universal System of Human Rights Protection?
    II. Is the UPR a Real Added Value to the System?
    III. Why the Council does not Represent a Real Progress for the Universal Human Rights Protection System
    IV. Towards Progress: How Could the System for the Protection of Human Rights Evolve in the Future?
    10. Why Do We Need a United Nations Court of Human Rights?
    I. The Origins of the Idea of a Universal Court of Human Rights
    II. The Present Context Justifying the New Impetus Behind the Idea: The Necessary Reform of the
    Universal System of Protection of Human Rights
    III. Responses to Some Objections on Principle
    IV. Realisation of the Idea of a United Nations Court of Human Rights
    11. The Committee System: 2020 and Beyond
    12. The Universal Declaration of Human Rights is 70 Years Old: What Challenges Await the United Nations?
    I. A Legal Basis for Action
    II. An Intellectual Challenge
    III. An Institutional Challenge
    IV. The Normative Challenge
    13. Reforming the Security Council: What can be Done Without Amending the UN Charter?
    I. The Concepts
    II. The Processes
    III. The Outcomes
    IV. Conclusion
    14. The Right to Veto in the United Nations: Towards the Abolition of a Privilege Universal System of Protection of Human Rights

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