2. History and Norms

Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.

This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region.

Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights to consider the present, the recent and distant past, and the future of human rights.

The dominant conceptions of development and the right thereto have been confined to narrow, sectoral interpretations focusing on economic matrices and collective entities such as the state or peoples. This book delimits these key notions of the public order of the 21st century in an entirely new fashion. Drawing on fundamental precepts of policy-oriented jurisprudence, this book offers a comprehensive and systematic study and redefinition of development and the right to development guided by the goal of maximum access by all to the processes of shaping and sharing of all things humans value, including, empirically, aspirations to power, wealth, well-being, affection, enlightenment, skills, respect, and rectitude. This new paradigm of development offers fertile ground for legal and policy responses designed to bring about a public order of human dignity in all parts of the planet.

This inquiry into the human rights dimensions of climate change identifies future perspectives, concerns and dilemmas for law and policy.

Written by an international group of leading social science scholars in the field of human rights, this volume situates the study of human rights in an open interdisciplinary terrain. Ranging over diverse topics and pathways in the theory and practice of human rights, this volume will be an invaluable aid to those seeking to understand the complex meanings, institutions, and practices of human rights.

In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.

Recent years have seen a shift in the international development agenda in the direction of a greater emphasis on rights and democracy. While this has brought many positive changes in womens rights and political representation, in much of the world these advances were not matched by increases in social justice. Rising income inequalities, coupled with widespread poverty in many countries, have been accompanied by record levels of crime and violence. Meanwhile theglobal shift in the consensus over the role of the state in welfare provision has in many contexts entailed the down-sizing of public services and the re-allocation of service delivery to commercial interests, charitable groups, NGOs and households. Gender Justice, Development, and Rights reflects on this ambivalent record, and on the significance accorded in international development policy to rights and democracy in the post-Cold War era. Key items on the contemporary policy agenda-neo-liberal economic and social policies; democracy; and multiculturalism-are addressed here by leading scholars and regional specialists through theoretical reflections and detailed case studies. Together they constitute a collection which casts contemporaryliberalism in a distinctive light by applying a gender perspective to the analysis of political and policy processes. Case studies from Latin America, sub-Saharan Africa, Middle East, East-Central Europe, South and South-east Asia contribute a cross-cultural dimension to the analysis of contemporaryliberalism-the dominant value system in the modern world-and how it exists, and is resisted, in developing and post-transition societies.