Post-Backlash Human Rights Law.
"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 meticul...
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Superior document: | Theory and Practice of Public International Law |
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Place / Publishing House: | Québec : : BRILL,, 2022. ©2022. |
Year of Publication: | 2022 |
Edition: | 1st ed. |
Language: | English |
Series: | Theory and Practice of Public International Law
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Physical Description: | 1 online resource (252 pages) |
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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.