Among several contesting views about the purpose of development and how progress should be evaluated, human rights and capabilities (or human development) stand out as two approaches that are concerned first and foremost with the well-being of individuals, their freedom, dignity and empowerment. These two approaches contrast sharply with the dominant development frameworks that emphasize economic growth as the essential objective. Though human rights and capabilities share these common commitment to human priorities, they are distinct concepts and fields that have developed separately. The aim of this volume is to explore the relationship between them in order to enhance the understanding of both as theoretical paradigms, as public policy frameworks and as approaches to development. The book includes contributions from some of the leading scholars in the two fields of capabilities approach and human rights. It covers the essential aspects of this relationship: addressing the complementarities between human rights and capabilities as theoretical concepts; how the concept of capabilities can contribute to resolving some key theoretical issues in human rights; how the social science analysis and methods of the capabilities approach can clarify human rights concepts and strengthen human rights advocacy; and how human rights norms can strengthen public policy and mobilize collective action to demand greater accountability in placing human priorities first in public policy. Human Rights and the Capabilities Approach raises many questions for further inter-disciplinary conversation and further research. This book was originally published as a special issue of the Journal of Human Development and Capabilities, and has been expanded with two additional articles from this journal and a new foreword by Professor Amartya Sen.

In A Transnational Human Rights Approach to Human Trafficking: Empowering the Powerless, Yoon Jin Shin proposes an innovative approach to empower individuals victimized by human trafficking, one of the most serious human rights challenges in today’s world of globalization and migration. Based on thorough empirical research and extensive comparative studies, Shin illuminates complex realities of migrant individuals experiencing trafficking situations and the problems of the current anti-trafficking regime driven by destination countries’ self-interest in crime and border control. Shin suggests an alternative transnational human rights framework, in which victimized migrants, who have been treated as passive targets of victim-witness protection or immigration regulation, finally attain their true voices as empowered rights-holders and effectively exercise their human, civil, and labor rights. Shin received the 2014-2015 Ambrose Gherini Prize, the highest prize awarded in the field of International Law by Yale Law School, for her doctoral dissertation on which this book is based.

Against the recent backdrop of sociopolitical crisis, radical thinking and activism to challenge the oppressive operation of power has increased. Such thinkers and activists have aimed for radical social transformation in the sense of challenging dominant ways of viewing the world, including the neoliberal illusion of improving the welfare of all while advancing the interests of only some. However, a question mark has remained over the utility of human rights in this activity and the capability of rights to challenge, as opposed to reinforce, discourses such as liberalism, capitalism, internationalism and statism. It is at this point that the present work aims to intervene. Drawing upon critical legal theory, radical democratic thinking and feminist perspectives, Human Rights and Radical Social Transformation seeks to reassess the radical possibilities for human rights and explore how rights may be re-engaged as a tool to facilitate radical social change via the concept of ‘human rights to come’. This idea proposes a reconceptualisation of human rights in theory and practice which foregrounds human rights as inherently futural and capable of sustaining a critical relation to power and alterity in radical politics.

The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Through the preservation of the social, political, and cultural autonomies of peoples within diverse cultural contexts, Al-Daraweesh and Snauwaert propose a relational epistemology for human rights education.

Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

An extensive body of law designed to control international terror violence has come into being, and it is this assembly of reports and resolutions, conventions and scattered treaty provisions that we must rely on as we move toward an enforceable, unambiguous anti-"terrorism" regime in international law. These legal instruments are gathered together for the first time in this definitive two volume set. The only published source of all United Nations documentation since 1972 on the subject of "terrorism"--including all 180 reports and resolutions adopted since that date and up to June 2001. Plus, an introductory article by the editor provides a forward-looking view of the evolving challenges in combating the ever-changing manifestations of terror violence. Published under the Transnational Publishers imprint. The print edition is available as a set of two volumes (9781571052278).

In 1946, the United Nations Commission on Human Rights became the first international body empowered to promote global human rights. During its first twenty years, the Commission established most of the contemporary standards of human rights. Increased social awareness in the 1960s enabled the Commission to respond to specific complaints from individuals and nongovernmental organizations and to pressure offending governments by using various measures that ranged from exhortation and mediation to sanctions designed to isolate violators. These enforcement activities have increased the Commission's visibility and have dramatically transformed its operation. Dr. Tolley's thematic history of the Commission offers important insights into states' political conduct in international human rights organizations, the evolving legal and institutional means of preventing human rights violations, and the difficulties encountered when an intergovernmental body is pressed to provide impartial protection to citizens against abuse by their own government.

This book analyzes U.S. foreign policy in relation to human rights and democratic development abroad. Its purpose is to determine if, and how, human rights policies, or their neglect, have led to Realpolitik successes for the United States. In addition, it addresses the issue of how Washington might best respond to challenges in which a choice apparently must be made between support for democracy and preservation of U.S. national interests. Through a comparative analysis of Iran under the Shah, Nicaragua under the Somozas, and the Philippines under Marcos, Steinmetz evaluates the effectiveness of American priorities in authoritarian states that were perceived to protect U.S. interests. Rejecting the policy prescriptions of the neoconservative and neorealist schools, she concludes that protection of human rights abroad is desirable, not because of its moral implications per se, but because of its positive contributions to the preservation of U.S. national interests.