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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Theory and Reality in the International Protection of Human Rights

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J. Shand WatsonProfessor of Law, Mercer University, USA

ISBN13: 9781571050977
ISBN: 1571050973
Published: June 1999
Publisher: Transnational Publishers, Inc
Format: Hardback
Price: £108.00

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Presents a defence of the traditional theory of international law -- based on a decentralised nation-state system of international relations -- as being more appropriate for the analysis of its subject than more recent variants that allow for supranational redress at an increasingly personal level. In particular, Professor Watson shows how the proponents of the international human rights regime persistently use a legislative mode of reasoning, and how international law cannot sustain this technique. He holds that violation of the right to life is best adjudicated within a customary system, and concludes that the validity of the norms of international human rights has yet to be demonstrated.

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The gap between theory and reality; state practice and consent in the choice of legal theory; coercion, and the motivation to comply with human rights norms; custom as the true practice of states; general assembly resolutions as a source of human rights; treaties, obligation and nonenforcement; subsidiary sources; domestic jurisdiction versus international jurisdiction; humanitarian intervention and nonenforcement; the role of natural law and natural rights; the efficacy of domestic secondary norms.