The Idea of International Human Rights Law

Steven Wheatley author

Format:Hardback

Publisher:Oxford University Press

Published:31st Jan '19

Currently unavailable, and unfortunately no date known when it will be back

The Idea of International Human Rights Law cover

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

This is a thought-provoking book with an innovative argument that is not only relevant in terms of IHRL but also in the application of complexity theory to legal research and IL. Overall, it presents a compelling argument that will hopefully spark a debate about the use of complexity theory approaches in the analysis of IL and IHRL. For scholars interested in human rights and complexity theory, this book makes an important contribution to the literature in offering a way to conceptualise the UN and the IL system as a complex network, and also opens the door for the inclusion of new methodologies for analysing the formulation and interpretation of legal rules in IHRL and IL. * Jinu Carvajalino, Human Rights Law Review *

ISBN: 9780198749844

Dimensions: 237mm x 164mm x 20mm

Weight: 518g

230 pages