International Human Rights Law and Diplomacy

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International Human Rights Law and Diplomacy

9781839102189 Edward Elgar Publishing
Kriangsak Kittichaisaree, Judge of the International Tribunal for the Law of the Sea, former Ambassador and sometime Visiting Fellow at the University of Oxford, UK
Publication Date: 2020 ISBN: 978 1 83910 218 9 Extent: 360 pp
This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.

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This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.

Taking a comprehensive approach, chapters cover the treatment of human rights in all major cultures, religions, ideologies and global regions and assess the competence of all relevant international institutions. The book investigates the idea of human rights relativism and allegations of hypocrisy and double standards, as well as illuminating the diplomatic methods employed by nations wishing to evade human rights obligations. It also analyses the place of the law within the United Nations and regional human rights systems, along with compliance and enforcement mechanisms, and examines two emerging dimensions of human rights: in cyberspace and at sea.

Students and scholars of human rights across the fields of law, politics and international relations will find this unique book invaluable. Its concise, accessible style will also make it useful reading for government officials, those working for NGOs and members of the public with an interest in human rights.
Critical Acclaim
‘The author of this book is Kriangsak Kittichaisaree, an eminently experienced figure in matters of international law and diplomacy. Kittichaisaree currently serves as a judge on the International Tribunal for the Law of the Sea, but has previously held various prominent roles as a senior Thai diplomat posted to several states and at UN fora. As such, this book brings the insightful perspectives that derive from a first hand experience and understanding of the issues explored . . . a highly readable text and will be useful not only to those coming to the subject with little prior specialist knowledge, but also those already engaged in human rights scholarship. Notwithstanding the abundance of academic literature on IHRL in general, as has been illustrated, this book brings its own unique approach to the subject matter. The contextual approach employed is particularly effective in drawing out some of the key issues in understanding the applicability of and compliance with IHRL obligations and its place ought to be assured in any human rights or international law library.
– Gary Wilson, Liverpool Law Review

''The West has long dominated the development and enforcement of human rights law and the practice of human rights diplomacy. Kriangsak Kittichaisaree applies his deep and broad experience in the field to provide an eminently readable and essential piece of the global puzzle: an exposition of the history and present-day practice of human rights, as well as the challenges of tomorrow, from a wider perspective.''
– Gabor Rona, Columbia Law School and Yeshiva University, Cardozo School of Law, US and former International Legal Director, Human Rights First
Contents
Contents: Preface 1. Introduction to International Human Rights Law 2. Human Rights Universalism: Myth or Reality? 3. United Nations Human Rights System: Clash of Politics, Idealism and Law 4. Regional Human Rights Mechanisms: Tailor-Made for the Locals? 5. International Human Rights Treaty Obligations: Is Everyone Protected? 6. Complying With and Enforcing International Human Rights Law: Can the Bad Guys Get Away With It? 7. Universalization of International Human Rights Norms: Reassessment 8. Human Rights in New Dimensions: In Cyberspace and At Sea Index
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