Human Rights after 75 Years of the Universal Declaration of Human Rights : : Reflections from the Global South.

• Superior document: International Studies in Human Rights Series ; v.145
• Author: Uddin Khan, Borhan.
• TeilnehmendeR: Bhuiyan, Jahid Hossain.
• Place / Publishing House: Boston : : BRILL,, 2024.; ©2024.
• Year of Publication: 2024
• Edition: 1st ed.
• Language: English
• Series: International Studies in Human Rights Series
• Physical Description: 1 online resource (564 pages)

This book considers nature and development of international human rights law, before turning attention to interaction between human rights and other key regimes. It then presents human rights of vulnerable populations, sets out contemporary challenges and issues facing human rights.

Table of Contents

• Front Cover
• Half Title
• Series Information
• Title Page
• Copyright Page
• Contents
• Acknowledgments
• Acronyms and Abbreviations
• Notes on Editors
• Notes on Contributors
• Part 1 Nature and Development of International Human Rights Law
• Chapter 1 Seventy-Five Years after the Universal Declaration of Human Rights: Reflections on Contemporary Discourse of Human Rights from the Global South
• 1 Introduction
• 2 The Outline of the Book
• 3 Concluding Remarks
• Bibliography
• Chapter 2 Development of International Human Rights Law after the Universal Declaration of Human Rights
• 1 Introduction
• 2 Development of Human Rights Law in the Years after the UDHR
• 2.1 Global Regime of Human Rights
• 2.2 Regional Human Rights Regime
• 2.3 Human Rights Conferences
• 3 Conclusion: UDHR as a Polestar for the Development of International Human Rights Law
• Bibliography
• Chapter 3 Is the Universal Declaration of Human Rights Truly Universal?
• 1 Introduction
• 2 The Western World and the Discovery of Human Rights
• 3 Third World Elitism and the Drafting of the UDHR
• 4 Visions of Eurocentricism
• 5 Conclusion
• Bibliography
• Chapter 4 The Implementation and Enforcement of International Human Rights Law: Reflections on the Drafting History of the Universal Declaration of Human Rights
• 1 Introduction
• 2 Provisions for Implementation
• 3 ECOSOC's Instruction to the Commission on Human Rights: The Submission of 'Ways and Means for the Effective Implementation of Human Rights and Fundamental Freedoms'
• 4 Methods of Enforcement Considered by the Drafting Committee
• 5 The Commission on Human Rights
• 5.1 Measures for Implementation
• 5.2 Working Group on Implementation
• 6 Draft Articles on Implementation of the Bill on Human Rights
• 7 The UN General Assembly and 'Measures of Implementation'.
• 8 Unfinished Business: The Implementation and Enforcement of International Human Rights Law
• 9 Conclusion
• Bibliography
• Part 2 Interaction between Human Rights and Other Key Regimes
• Chapter 5 Human Rights and International Trade: Making the WTO Human Rights Friendly
• 1 Human Rights and Trade: Interaction and Intersection
• 2 Human Rights in the GATT/WTO Agreements: Oblique Recognition
• 2.1 WTO Decision-Making: Secretive and Elite-Driven
• 2.2 Public Interest Representation at the WTO: Ambivalent and Mundane
• 2.3 Right to Health/Life under TRIP s: A Perfunctory Protection
• 2.4 Right to Work under GATS: A Discriminatory Employment Market
• 2.5 Labour Standards: An Artificial 'Non-trade' Issue
• 3 Economic and Socio-cultural Rights: Erosion of National Control
• 4 A Human Rights Friendly WTO: Articulating a New Paradigm
• 5 Conclusion
• Bibliography
• Chapter 6 Foreign Direct Investment and the Protection of Human Rights in the Host States
• 1 Introduction
• 2 The Evidence of Human Rights Violations in FDI Operation
• 3 The Regulation of MNC s Operation Affecting Human Rights
• 3.1 Human Rights and MNC s' Responsibility under International Law
• 3.2 BIT s for Creating Responsibility Regimes for MNC s Operation
• 3.3 Host States' Right to Regulation of MNC s Concerning Human Rights
• 4 Concluding Remarks
• Bibliography
• Chapter 7 Mind the Gap! Corporate Social Responsibility in the UN Initiatives for Humanising Business
• 1 Introduction
• 2 Business and Human Rights (BHR)
• 3 Corporate Social Responsibility (CSR)
• 4 BHR and CSR Principles in the Major UN Instruments for Human Rights in Business Operations
• 5 CSR and BHR Principles in UN Initiatives through 'Voluntarism' and 'Participation'
• 6 Conclusion
• Bibliography.
• Chapter 8 The Interconnection of Human Rights and Climate Change: Framing Climate Change Litigation from a Human Rights Perspective
• 1 Introduction
• 2 The Relationship between Climate Change and Human Rights
• 3 Employing Human Rights Discourse as the Foundation for Climate Change Litigation
• 3.1 Incorporating Human Rights into Climate Change Litigation
• 4 Surveying the Landscape: An Examination of Pertinent Caselaw
• 4.1 Ashgar Leghari v Federation of Pakistan ('Leghari')
• 4.2 Urgenda v The Netherlands ('Urgenda')
• 4.3 Teitiota v Chief Executive of the Ministry of Business, Innovation and Employment ('Teitiota')
• 4.4 Greenpeace v Carbon Majors
• 4.5 Gloucester Resources Limited v Minister for Planning
• 5 Challenges and Lessons
• 6 Conclusion
• Bibliography
• Chapter 9 Climate Change and Human Rights: Setting Loss and Damage in a Context
• 1 Introduction
• 2 The Utility of the Human Rights-Based Approach to Climate Change
• 3 Climate Justice and Human Rights
• 4 Incorporating Human Rights into the Climate Change Regime
• 5 Loss and Damage from Human Rights Perspective
• 6 Conclusion
• Bibliography
• Chapter 10 Human Rights Paradox in the International Intellectual Property Regime: Setting the Pecking Order
• 1 Introduction
• 2 Right to Intellectual Property in International and National Instruments
• 2.1 Standard of IPR s Protection in International Treaties
• 2.2 IPR s in Human Rights Instruments
• 3 The Tension between IPR s and Human Rights
• 3.1 The Right to Education and Access to Information
• 3.2 The Right to Health
• 3.3 Right of Indigenous Community
• 3.4 Right to Food and Agriculture
• 3.5 Right to Environment
• 4 Locating Human Rights in the TRIPS
• 5 Resolving the Conflict Using Flexibilities
• 6 Setting the Hierarchy between Human Rights and IPR s
• 6.1 Applicability of Jus Cogens Principle.
• 6.2 Using the UN Charter
• 7 Conclusion
• Bibliography
• Chapter 11 Refugee Protection and Human Rights
• 1 Introduction
• 2 Upgrading and Complementing the Protection Provided under the Refugee Convention
• 3 The Protection of Refugees in States that Are Not States-Parties to the Refugee Convention
• 4 The Human Right to Freedom of Movement
• 5 Missing Solidarity and Political Will
• 6 Concluding Remarks
• Bibliography
• Chapter 12 A 'Brand-New' Human Right at Work? Implications of Incorporating a Safe and Healthy Working Environment into the ILO's Fundamental Principles and Rights Framework
• 1 Introduction
• 2 The ILO, Fundamental Principles and Rights at Work, and the International Human Rights Regime
• 3 The Fundamental Labour Standards at a Glance
• 4 A Safe and Healthy Working Environment as Fundamental Principle and Right at Work
• 5 Implications of osh as a 'Human Right at Work'
• 6 Concluding Remarks
• Bibliography
• Chapter 13 Shaping the Humanitarian Sphere: The Profound Influence of UDHR on International Humanitarian Law
• 1 Introduction
• 2 Background
• 3 Exploring the Interface between the UDHR and IHL
• 3.1 UDHR's Influence on the Development of IHL
• 4 Case Studies
• 4.1 The Bosnian War (1992-1995)
• 4.2 The Syrian Refugee Crisis
• 5 The Role of International Courts and Tribunals
• 5.1 International Court of Justice (ICJ) - The Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons
• 5.2 International Criminal Court (ICC) - The Case of Prosecutor v. Thomas Lubanga Dyilo
• 6 Challenges and Criticisms
• 7 Future Prospects
• 7.1 Cyber Warfare
• 7.2 Use of Drones
• 7.3 Artificial Intelligence in Warfare
• 8 Conclusion
• Bibliography
• Chapter 14 Rape and Other Forms of Sexual Offences as International Crimes and the Impact of Human Rights Law
• 1 Introduction.
• 2 Rape and Other Forms of Sexual Offences and the Impact of Human Rights Law
• 2.1 Crimes against Humanity
• 2.2 War Crimes
• 2.3 Genocide
• 3 Lack of Rules and Precedents in the Field of ihl: Reference to the Concept of Human Dignity and Physical Integrity
• 4 Conclusion
• Bibliography
• Chapter 15 The Construction of Humanitarian Consent of Non-state Armed Groups
• 1 Introduction
• 2 The Epistemic Humanitarian Legal Community
• 3 The Building Blocks of the Right to Strategic Consent of Non-state Armed Groups
• 3.1 Addressees of Offers of International Humanitarian Relief Actors
• 3.1.1 The Principle of Equality of the Fighting Parties
• 3.1.2 Control Amounting to Equal Legal Status of Non-state Armed Groups
• 3.2 Beneficiaries and Benefits
• 4 Conclusion
• Bibliography
• Part 3 Human Rights of Vulnerable Populations
• Chapter 16 Drawing Inspiration from the UDHR: Lessons about Understanding the Role of Law in Protecting Minority Rights
• 1 Minority Rights and the Attempt to Create a Universal Compact for Human Rights
• 2 The Re-emergence of Minority Rights within Human Rights Law
• 3 Minority Rights Today: between Regimes and Realities
• 4 Conclusion: Invoking the Spirit of the UDHR amidst the Ruins
• 4.1 Dismantle Societal and Institutional Patriarchies
• 4.2 Challenge and Transform the Extractive Economic Model
• 4.3 Seek Accountability of Contemporary Economic Actors for Damage to Societies
• 4.4 Seek Accountability through Mechanisms Addressing Historical Crimes
• 4.5 Uphold "Leave No One Behind" as a Key Principle for Future Development
• 4.6 Support Historians in Writing Accurate Narratives Not Linked to Power Regimes
• 4.7 Take Political Action That Is Necessary to Fulfil Our Objectives
• 4.8 Ensure that the Language of Law Is Not Exclusive and Patriarchal.
• 4.9 Promote a Transnational Approach Based on Universal Solidarity.