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Research Handbook on the Politics of Human Rights Law
International human rights law is undoubtedly intertwined with politics, and so this Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions.
More Information
Critical Acclaim
Contributors
Contents
More Information
International human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state.
Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe and the Middle East, and how the state works in ways which respect the ethics and values of human rights law.
Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.
Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe and the Middle East, and how the state works in ways which respect the ethics and values of human rights law.
Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.
Critical Acclaim
‘Shall politics follow the law, or shall the law follow politics? This Research Handbook, edited and written by some of the world’s leading scholars of law, political science and other disciplines, provides an excellent analysis of the interdependence of law and politics in the field of human rights. International human rights treaties are drafted and adopted by diplomats and politicians and are implemented in a highly politicized process. Nevertheless, international human rights law develops an independent meaning that strongly impacts politics.’
– Manfred Nowak, Professor of Human Rights, Vienna and Secretary General of the Global Campus of Human Rights
‘This impressive book is indispensable for anyone who wants to understand how politics are impacting and permeating human rights performances and how human rights is shaping and structuring politics. The insightful volume contributes to the understanding of the immense pressures human rights are under from perspectives of governance, distributive justice and also in international relations. Apart from offering deep analysis, each chapter contributes outlooks for the future.’
– Morten Kjaerum, Raoul Wallenberg Institute, Sweden
– Manfred Nowak, Professor of Human Rights, Vienna and Secretary General of the Global Campus of Human Rights
‘This impressive book is indispensable for anyone who wants to understand how politics are impacting and permeating human rights performances and how human rights is shaping and structuring politics. The insightful volume contributes to the understanding of the immense pressures human rights are under from perspectives of governance, distributive justice and also in international relations. Apart from offering deep analysis, each chapter contributes outlooks for the future.’
– Morten Kjaerum, Raoul Wallenberg Institute, Sweden
Contributors
Contributors: Philip Alston, Bård A. Andreassen, Victor Oluwasina Ayeni, Nils A. Butenschøn, Antoine Buyse, Gordon Crawford, Göran Hydén, Steven L.B. Jensen, Waruguru Kaguongo, Markus Kaltenborn, Maina Kiai, Siobhan McInerney-Lankford, Claire Methven O''Brien, Celestine Nyami Musembi, Siddiqur Osmani, D. Sriprapha Petcharamesree, Ibrahim Salama, Hans-Otto Sano, Nora Sveaas, Garbiel Toggenburg, Arne Tostensen, Wouter Vandenhole, Carlos Villabolos, Domenico Zipoli, Gentian Zyberi
Contents
Contents:
Introductory essay: the politics of international human rights law 1
Bård A. Andreassen
PART I GOVERNANCE AND INSTITUTIONS
1 The closing and resilience of civic space from a human rights perspective: scope, causes, responses 29
Antoine Buyse
2 Governance and human rights: African challenges 47
Göran Hydén
3 Writing political histories of international human rights law 61
Steven L. B. Jensen
4 Power and civic action: mobilisation for human rights in developing societies 79
Gordon Crawford
5 Freedom of peaceful assembly and of association – practices and obstacles 99
Maina Kiai and Waruguru Kaguongo
6 The role of national human rights systems in the implementation of
international human rights law 115
Domenico Zipoli
7 The relevance of governance and multi-level governance to the study of
human rights: insights from business and human rights 145
Claire Methven O’Brien
8 The politics of torture: legal, social and political dynamics 166
Nora Sveaass
9 Rooting rights in local spaces? Transformations in gender relations and
citizen engagement 194
Celestine Nyamu Musembi
PART II DISTRIBUTIVE JUSTICE AND PUBLIC POLICIES
10 The SDG agenda and human rights 215
Markus Kaltenborn and Wouter Vandenhole
11 Poverty and civil and political rights 236
Philip Alston
12 Politics of resources allocation: tax, expenditure and inequality in the
human rights supervisory bodies 255
Hans-Otto Sano and Carlos Villalobos
PART III INTERNATIONAL POLITICS
13 Globalization and human rights 280
Siddiqur R. Osmani
14 The influence of politics on the work of the UN human rights treaty bodies 310
Gentian Zyberi and Ibrahim Salama
15 International human rights law, politics and international financial
institutions: the case of the World Bank 338
Siobhán McInerney-Lankford
16 The African human rights system: a critical appraisal 364
Victor Oluwasina Ayeni
17 The quest for an (effective) Southeast Asian human right system 389
Sriprapha Petcharamesree
18 The EU human rights regime: development, actors, policy framework
and effectiveness 409
Gabriel N. Toggenburg
19 Citizenship and international human rights law – enduring enigma of
the Middle East 440
Nils A. Butenschøn
20 The politics of international human rights and development aid 458
Arne Tostensen
Index
Introductory essay: the politics of international human rights law 1
Bård A. Andreassen
PART I GOVERNANCE AND INSTITUTIONS
1 The closing and resilience of civic space from a human rights perspective: scope, causes, responses 29
Antoine Buyse
2 Governance and human rights: African challenges 47
Göran Hydén
3 Writing political histories of international human rights law 61
Steven L. B. Jensen
4 Power and civic action: mobilisation for human rights in developing societies 79
Gordon Crawford
5 Freedom of peaceful assembly and of association – practices and obstacles 99
Maina Kiai and Waruguru Kaguongo
6 The role of national human rights systems in the implementation of
international human rights law 115
Domenico Zipoli
7 The relevance of governance and multi-level governance to the study of
human rights: insights from business and human rights 145
Claire Methven O’Brien
8 The politics of torture: legal, social and political dynamics 166
Nora Sveaass
9 Rooting rights in local spaces? Transformations in gender relations and
citizen engagement 194
Celestine Nyamu Musembi
PART II DISTRIBUTIVE JUSTICE AND PUBLIC POLICIES
10 The SDG agenda and human rights 215
Markus Kaltenborn and Wouter Vandenhole
11 Poverty and civil and political rights 236
Philip Alston
12 Politics of resources allocation: tax, expenditure and inequality in the
human rights supervisory bodies 255
Hans-Otto Sano and Carlos Villalobos
PART III INTERNATIONAL POLITICS
13 Globalization and human rights 280
Siddiqur R. Osmani
14 The influence of politics on the work of the UN human rights treaty bodies 310
Gentian Zyberi and Ibrahim Salama
15 International human rights law, politics and international financial
institutions: the case of the World Bank 338
Siobhán McInerney-Lankford
16 The African human rights system: a critical appraisal 364
Victor Oluwasina Ayeni
17 The quest for an (effective) Southeast Asian human right system 389
Sriprapha Petcharamesree
18 The EU human rights regime: development, actors, policy framework
and effectiveness 409
Gabriel N. Toggenburg
19 Citizenship and international human rights law – enduring enigma of
the Middle East 440
Nils A. Butenschøn
20 The politics of international human rights and development aid 458
Arne Tostensen
Index
