American classics in international law ; v. 3. 2468-8789
Are there unique aspects to human rights scholarship in the United States or does the body of work only manifest the participation of US scholars in a global epistemic community of human rights advocates? What contributions have US authors made to the development of human rights law, its norms and standards, implementation and enforcement? The contributions selected for inclusion in 'American Classics in International Law: International Protection of Human Rights', edited by Dinah Shelton, reveals themes, approaches, and analyses that have advanced human rights in ways that reflect specificities of US culture, politics and legal education. The selections also reflect a pragmatic approach, seeing human rights as needing protection in the national interest because failure to ensure them would threaten peace and US security.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction / Dinah Shelton Virginia Declaration of Rights, 1776 The rights of Man (excerpts) (1791-1792) / Thomas Paine Message of President James Monroe at the commencement of the first session of the 18th Congress (The Monroe doctrine), December 2, 1823 / James Monroe Address of the President of the United States (Four Freedoms Speech) (1941) / Franklin Delano Roosevelt The new International law : protection of the rights of individuals rather than States / Louis B. Sohn Genocide as a crime under international law / Raphael Lemkin The age of rIghts (excerpts) / Louis Henkin Basic rights (excerpts) / Henry Shue Human rights, environmental rights, and the right to environment / Dinah Shelton The emerging right to democratic governance / Thomas M. Franck Derogations from human rights treaties in public emergencies / Joan F. Hartman To respect and to ensure / Thomas Buergenthal Settling accounts : the duty to prosecute human rights violations of a prior regime / Dian F. Orentlicher Sovereignty and human rights in contemporary international law / W. Michael Reisman The charter and the constitution : the human rights provisions in American law / Oscar Schachter Human rights and US foreign policy : two levels, two worlds / David P. Forsythe U.S. Ratification of human rights conventions : the ghost of Senator Bricker / Louis Henkin Treaties, human rights, and conditional consent / Curtis A. Bradley and Jack L. Goldsmith Invoking international human rights law in domestic courts / Richard B. Lillich Human rights in the United Nations / Myres S. McDougal and Gerhard Bebr The International Court of Justice and the human rights clauses of the charter / Egon Schwelb Toward a theory of effective supranational adjudication / Laurence R. Helfer and Anne-Marie Slaughter.