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Vol 22 No 4 April/May 2017

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Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

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Globalization of Law and Human Rights: From Norms to Fulfillment

Edited by: Alison Brysk

ISBN13: 9780415814881
Published: May 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00



Despatched in 4 to 6 days.

How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? Alison Brysk's edited volume aims to assess the institutional and political factors that determine the influence of the globalization of law on the realization of human rights. The globalization of law has the potential to move the international human rights regime from the generation of norms to the fulfillment of rights, through direct enforcement, reshaping state policy, granting access to civil society, and global governance of transnational forces. In this volume, an international and interdisciplinary team of scholars explores the development of new norms, mechanisms, and practices of international legal accountability for human rights abuse, and tests their power in a series of "hard cases." The studies find that new norms and mechanisms have been surprisingly effective globally, in terms of treaty adherence, international courts, regime change, and even the diffusion of citizenship rights, but this effect is conditioned by regional and domestic structures of influence and access. However, law has a more mixed impact on abuses in Mexico, Israel-Palestine and India. Brysk concludes that the globalization of law is transforming sovereignty and fostering the shift from norms to fulfillment, but that peripheral states and domains often remain beyond the reach of this transformation. Theoretically framed, but comprised of empirical case material, this edited volume will be useful for both graduate students and academics in law, political science, human rights, international relations, global and international studies, and law and society.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Globalization of Law: From Norms to Enforcement, Alison Brysk and Arturo Jimenez.
2. Treaties, Constitutions, Courts, and Human Rights, Wayne Sandholtz.
3. The Role of the International Criminal Court In Globalizing Human Rights: Peace Or Justice?, Tony Smith and Antonio Gonzalez.
4. Emerging global conceptions of the right to vote?: The role of courts in shaping the idea of democracy
Ludwig Beckman.
5. Transnational Activists, Democratic Governance and the Regionalization of Human Rights in Europe, Rachel Cichowski.
6. The Power and Limits of International Law: Challenging the Bush Administration's Extra-Legal Detention System, Arturo Jimenez.
7. Non-state actors as violators in Mexico: A hard case for global human rights norms, Alejandro Anaya.
8. Fragmented Sovereignty: Law and Rights Gaps in the Israel-Palestine Conflict, Gershon Shafir.
9. Extraordinary Laws and Human Rights: Challenges for the Indian State, Jinee Lookaneeta.