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Expansionism in international human rights law
Author
Title
Expansionism in international human rights law / by Işıl Aral and Jean d'Aspremont.
ISBN
9789004696075
9004696075
9789004696082
9004696083
Publication
Leiden ; Boston : Brill, [2024]
Physical Description
100 pages ; 24 cm.
Summary
This book explores a specific discursivity at work in international human rights law. It examines the ways in which the discourse on international human rights law constantly expands its domain while preserving its distinctiveness from general international law.
Other formats
Print version: Aral, Işıl Expansionism in International Human Rights Law Boston : BRILL,c2024
Format
Books
Language
English
Added to Catalog
August 05, 2024
Series
International legal theory and practice.
Brill research perspectives.
Bibliography
Includes bibliographical references.
Contents
Intro
Contents
Abstract
Keywords
Introduction
1 The Discursive Expansionism of International Human Rights Law
1.1 Introductory Remarks and Main Concepts
1.2 International Human Rights Law: Then and Now
1.3 The Relationship between International Human Rights Law and General International Law
2 International Human Rights Law as an Ever-Expanding Discourse
2.1 The Land Afar Becomes Close: The Positivisation of Human Rights
2.2 International Law as a Fertile Land
2.3 Crossing Discursive Borders
3 Oscillation between Generalism and Exceptionalism.
3.1 Generalism at Play
3.1.1 Inter-State Applications
3.1.2 The Vienna Convention on the Law of Treaties
3.2 Exceptionalism at Play
3.2.1 The Nature of Obligations
3.2.2 Breach of Obligations
3.2.3 Standing
3.2.4 The Constitutional Nature
3.2.5 Withdrawal
3.2.6 Succession
3.2.7 Reservations
4 The Wide Range of Expansionist Uses of the Sources of International Human Rights Law
4.1 Custom
4.2 General Principles of Law
4.3 Soft Law
4.4 Other Source-Based Expansionist Moves
5 Possible Drivers of Expansionism in International Human Rights Law.
5.1 Expansionism as a Managerial Mindset
5.2 Expansionism as Rhetorical Power
5.3 Expansionism as Professional Sophistication
5.4 Expansionism as a Trump Card
5.5 Expansionism as Discursive Proclivity
5.6 Expansionism as a Common Feature of Most Discourses.
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