Post-Backlash Human Rights Law.

• Superior document: Theory and Practice of Public International Law
• Author: Dragić, Sanja.
• Place / Publishing House: Québec : : BRILL,, 2022.; ©2022.
• Year of Publication: 2022
• Edition: 1st ed.
• Language: English
• Series: Theory and Practice of Public International Law
• Physical Description: 1 online resource (252 pages)

"What are the legal consequences of the political phenomenon of human rights backlash? After providing a novel definition of the phenomenon, Sanja Dragic explores some of the rules generated as a reaction to the backlash-"the post-backlash human rights law". Three case studies meticulously analyze the legal conversations between the opposing states and the global human rights community before the new rules appeared on the international scene. The picture that emerges from these insights is of an unequal relationship between the opposing sides and the post-backlash law which sustains the afflicted structure"-- Provided by publisher.

Table of Contents

Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Acknowledgments -- Introduction: The Human Rights Backlash -- 1 What Is It? -- 2 Another Definition -- 2.1 The Norm Internalization Structure -- 2.2 Rejecting the Agents and Tools of Norm Internalization -- 2.3 Is Backlash Norm Contestation? -- 3 Insights from the Past -- 4 Overview of the Causes -- 5 Post-Backlash Human Rights Law -- Chapter 1 New Rules for Human Rights Treaties -- 1 Reservations -- 1.1 Backlash Reservation -- 1.2 vclt Is Not Enough: Need for the Additional Rules -- 1.3 Regional Human Rights Bodies Establish the Solutions -- 1.4 UN Bodies Confirm the New Practice? -- 2 Withdrawals -- 2.1 Denouncing Substantive Human Rights Treaties -- 2.2 Withdrawing from the Jurisdiction of Treaty Monitoring Bodies -- 3 The Picture -- Chapter 2 The Right to Foreign Funding for Civil Society -- 1 Narratives in the Background -- 1.1 State v Civil Society -- 1.2 Civil Society v State -- 2 Who's Who? -- 2.1 "Civil Society" -- 2.2 Foreign Funding -- 3 The (New) Norm -- 3.1 The (Unrestricted) Right to Foreign Funding for Civil Society -- 3.2 The Restricted Right to Foreign Funding for Political Parties -- 4 The Picture -- Chapter 3 Immunities for Senior State Officials -- 1 Situating the Post-Backlash Norms -- 2 Before the Backlash: Can You Hear Us? -- 2.1 Voices in the Universal Jurisdiction Debate -- 2.2 Voices before the icc -- 2.3 African Solution to African Problems -- 3 The Picture -- Chapter 4 Insights from a Battle of Narratives -- 1 Silencing the Voices -- 1.1 The Ways of Silencing -- 1.2 The Silent Arguments -- 1.2.1 Sovereignty and Non-interference in Internal Affairs -- 1.2.2 The Dignity of the State -- 1.2.3 Colonialism and Economic Development -- 2 Humanizing the Law -- 3 Recreating the Self -- 4 Outcome in the Context -- 5 The Picture of the Pictures.

Conclusion: On Rights and Rules -- Bibliography -- Index.