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Vol 21 No 10 Oct/Nov 2016

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The Universalism of Human Rights

Edited by: Rainer Arnold

ISBN13: 9789400745094
Published: July 2012
Publisher: Springer-Verlag
Country of Publication: The Netherlands
Format: Hardback
Price: £135.00



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Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a 'concept' and a 'normative reality'. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations.

The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction.
Chapter 1 Reflections on the Universality of Human Rights
Rainer Arnold.
Chapter 2 Universal Human Rights in the Law of the United States
Mortimer Sellers.
Chapter 3 Diversite culturelle et droits de la personne : la situation au Canada
Frederique Sabourin.
Chapter 4 The Impact of the Jurisprudence Inter
American Court of Human Rights on the Chilean Constitutional System
Jose Ignasio Martinez Estay .
Chapter 5 The Universal Nature of Human Rights: the Brazilian Stance within Latin America's Human Rights Scenario
Marcelo Figueiredo.
Chapter 6 Cultural Relativism vs. Universalism: the South Pacific Reality
Jennifer Corrin.
Chapter 7 Implementation of Universal Human Rights Standards in Japan: An Interface of National and International Law
Kohki Abe.
Chapter 8 Human Rights as the Basis for a New Chinese Constitutionalism
Mo Jihong.
Chapter 9 Who Is Afraid of Human Rights? A Taiwanese Perspective
Yean
Sen Teng.
Chapter 10 Russia's Approach to the Universality of Human Rights
Daria Trenina and Mark Entin.
Chapter 11 The Legal and Constitutional Impact of the European Convention on Human Rights in the United Kingdom
Steven Greer .
Chapter 12 The Binding Effect of ECHR in the United Kingdom
Views from Scotland
Jim Murdoch.
Chapter 13 The Struggle over the Interpretative Authority: the Belgian Experience
Matthias Storme.
Chapter 14 The Role of Human Rights in the Dutch Legal Order
Cedric Ryngaert.
Chapter 15 Rule of Law as a Basis for Effective Human Rights Protection: the German Perspective.
Norman Weiss.
Chapter 16 From the Rights of Citizen to Fundamental Rights of Man: The Italian Experience.
Alessandro Pace.
Chapter 17 Le juge en tant que defendeur des droits de l'homme: les observations grecques
Michail Vrontakis.
Chapter 18 Universality and Binding Effect of Human Rights from a Portuguese Perspective
Ana Maria Guerra Martins and Miguel Prata Roque.
Chapter 19 Human Rights in Times of Global Inequalities. A View from Slovakia
Darina Mackova.
Chapter 20 Human Rights as a Pillar of Transformation: a Polish Perspective
Ewa Letowska.
Chapter 21 Human Rights Protection in a New EU Member State: the Czech Example
Pavel Sturma.
Chapter 22 Multidimensional Protection of Universal Human Rights in Hungary
Nora Chronowski, Timea Drinoczi and Jozsef Petretei.
Chapter 23 Croatia: Developing Judicial Culture of Fundamental Rights
Sinisa Rodin.
Chapter 24 The Implementation of Human Rights Universality Principle in Ukraine
Alla Fedorova and Olena Sviatun.
Index.