Human rights : between idealism and realism
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Oxford : Oxford University Press, 2003, Collected Courses of the Academy of European Law ; XIII/1
Collected Courses of the Academy of European Law; [AEL]
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TOMUSCHAT, Christian, Human rights : between idealism and realism, Oxford : Oxford University Press, 2003, Collected Courses of the Academy of European Law ; XIII/1, Collected Courses of the Academy of European Law, [AEL] - https://hdl.handle.net/1814/2959
Abstract
'Human Rights: between Idealism and Realism' presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyzes the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. The volume then moves on to analyze of the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavors to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.