The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.
Table of Contents
Contents: Introduction. Part I Contents and Scope: Universality: On the universality of the Universal Declaration of Human Rights, Wiktor Osiatynski; Human rights in Islam and international law: a conceptual analysis, Shaheen Sardar Ali; Anti-essentialism, relativism, and human rights, Tracy E. Higgins; Economic and Social Rights: The justiciability of social and economic rights: an updated appraisal, Aoife Nolan, Bruce Porter and Malcolm Langford; Extraterritoriality: The scope of the extra-territorial applicability of international human rights law, FranÃ§oise Hampson. Part II Application to Urgent Social Issues: Terrorism: Unilateral exceptions to international law: systematic legal analysis and critique of doctrines that seek to deny or reduce the applicability of human rights norms in the fight against terrorism, Martin Scheinin and Mathias Vermeulen; Report of the special rapporteur on extrajudicial, summary or arbitrary executions: study on targeted killings, Philip Alston; Impunity: ’Settling accounts’ revisited: reconciling global norms with local agency, Diane F. Orentlicher; Immunities of state officials, international crimes and foreign domestic courts, Dapo Akande and Sangeeta Shah; Health: Human rights approach to public health policy, Daniel Tarantola and Sofia Gruskin; Climate Change: Introduction: human rights and climate change, Stephen Humphreys; Investment: Human rights and international investment arbitration, Clara Reiner and Christoph Schreuer. Part III Application to Non-State Actors: International Organizations: The European Court of Justice and the international legal order after Kadi, GrÃ¡inne de BÃºrca; WTO dispute settlement and human rights, Gabrielle Marceau; Armed Opposition Groups: Human rights obligations of non-state actors in conflict situations, Andrew Clapham; Corporations: Taming the leviathans: multinational enterprises and human rights, Sarah Joseph; The Ruggie rules: applying human rights law to corporations, John H. Kno
Menno T. Kamminga is Professor of International Law and Director of the Maastricht Centre for Human Rights, Maastricht University, The Netherlands.