The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions.
The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory - that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis.
The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law and Moral Philosophy.
Chapter One. Introduction; Chapter Two. An International Human Rights Law Approach; Chapter Three. Rights In Criminal Theory; Chapter Four. Crime And Criminalization Obligations In International Human Rights Law; Chapter Five. Criminalization In Human Rights Treaties; Chapter Six. Criminalization In Human Rights Cases; Chapter Seven. Reasoning In Criminalization Cases; Chapter Eight. Differences Between Criminal Theory And An International Human Rights Law Approach; Chapter Nine. The Value Of International Human Rights Law For Criminal Theory; Chapter Ten. Conclusion
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.