European University Institute Library

Human rights in emergencies, [edited by] Evan J. Criddle

eng

Includes bibliographical references and index

index present

non fiction

Human rights in emergencies

electronic resource

dictionariesbibliography

953581688

[edited by] Evan J. Criddle

ASIL studies in international legal theoryEbsco eBook Collection

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.--, Provided by Publisher

Introduction: Testing Human Rights Theory During Emergencies Part I Designing a Human Rights Regime for Emergencies 1 Constrained Derogation in Positive Human Rights Regimes 2 Protecting Human Rights During Emergencies: Delegation, Derogation, and Deference 3 Two Models of Normative Frameworks for Human Rights During Emergencies Part II Law, Politics, and Power 4 Emergency and Escape: Explaining Derogations from Human Rights Treaties 5 The Cloak and Dagger Game of Derogation 6 The Law of Emergency and Reason of State 7 Human Rights Lawyers v. Carl Schmitt Hide Level Part III Emerging Challenges 8 Human Rights and Derogation in Peacekeeping: Addressing a Legal Vacuum Within the State of Exception 9 Austerity Measures and International Economic, Social, and Cultural Rights