TL;DR: The third edition of the Third Edition of the Human Rights Theory of Human Rights as discussed by the authors has been published in the last few years and is the most widely used text for this purpose.
Abstract: Preface to the Third Edition Introduction Part I. Toward a Theory of Human Rights 1. The Concept of Human Rights How Rights Work Special Features of Human Rights Human Nature and Human Rights Human Rights and Related Practices Analytic and Substantive Theories The Failure of Foundational Appeals Coping with Contentious Foundations 2. The Universal Declaration Model The Universal Declaration The Universal Declaration Model Human Dignity and Human Rights Individual Rights Interdependence and Indivisibility The State and International Human Rights Respecting, Protecting, and Providing Human Rights Realizing Human Rights and Human Dignity 3. Economic Rights and Group Rights The Status of Economic and Social Rights Group Rights and Human Rights 4. Equal Concern and Respect Hegemony and Settled Norms An Overlapping Consensus on International Human Rights Moral Theory, Political Theory, and Human Rights Equal Concern and Respect Toward a Liberal Theory of Human Rights Consensus: Overlapping but Bounded Part II. The Universality and Relativity of Human Rights 5. A Brief History of Human Rights Politics and Justice in the Premodern Non-Western World The Premodern West The Modern Invention of Human Rights The American and French Revolutions Approaching the Universal Declaration Expanding the Subjects and Substance of Human Rights 6. The Relative Universality of Human Rights "Universal" and "Relative" The Universality of Internationally Recognized Human Rights Three Levels of Universality and Particularity Relative Universality: A Multidimensional Perspective 7. Universality in a World of Particularities Culture and the Relativity of Human Rights Advocating Universality in a World of Particularities Part III. Human Rights and Human Dignity 8. Dignity: Particularistic and Universalistic Conceptions in the West Dignitas: The Roman Roots of Dignity Biblical Conceptions: Kavod and Imago Dei Kant Rights and Dignity in the West Dignity and the Foundations of Human Rights 9. Humanity, Dignity, and Politics in Confucian China Cosmology and Ethics Confucians and the Early Empires "Neo-Confucianism" and Song Imperial Rule Twentieth-Century Encounters with "Rights" Human Rights and Asian Values 10. Humans and Society in Hindu South Asia Cosmology Social Philosophy Caste Hindu Universalism Opposition to Caste Discrimination Hinduism and Human Rights in Contemporary India Part IV. Human Rights and International Action 11. International Human Rights Regimes The Global Human Rights Regime Political Foundations of the Global Regime Regional Human Rights Regimes Single-Issue Human Rights Regimes Assessing Multilateral Human Rights Mechanisms The Evolution of Human Rights Regimes 12. Human Rights and Foreign Policy Human Rights and the National Interest International Human Rights and National Identity Means and Mechanisms of Bilateral Action The Aims of Human Rights Policy Foreign Policy and Human Rights Policy The Limits of International Action Appendix: Arguments against International Human Rights Policies Part V. Contemporary Issues 13. Human Rights, Democracy, and Development The Contemporary Language of Legitimacy Defining Democracy Democracy and Human Rights Defining Development Development-Rights Tradeoffs Development and Civil and Political Rights Markets and Economic and Social Rights The Liberal Democratic Welfare State 14. The West and Economic and Social Rights The Universal Declaration of Human Rights Domestic Western Practice The International Human Rights Covenants Functional and Regional Organizations Further Evidence of Western Support Understanding the Sources of the Myth Why Does It Matter? 15. Humanitarian Intervention against Genocide Intervention and International Law Humanitarian Intervention and International Law The Moral Standing of the State Politics, Partisanship, and International Order Changing Conceptions of Security and Sovereignty Justifying the Anti-genocide Norm Changing Legal Practices "Justifying" Humanitarian Intervention Mixed Motives and Consistency Politics and the Authority to Intervene Judging the Kosovo Intervention Darfur and the Future of Humanitarian Intervention 16. Nondiscrimination for All: The Case of Sexual Minorities The Right to Nondiscrimination Nondiscrimination and Political Struggle Discrimination against Sexual Minorities Nature, (Im)morality, and Public Morals Strategies for Inclusion Paths of Incremental Change References Index
TL;DR: The recently-adopted OECD convention outlawing bribery of foreign public officials is welcome evidence of how much progress has been made in the battle against corruption as mentioned in this paper, but the financial crisis in East Asia is an indication of the fact that much remains to be done.
Abstract: The recently-adopted OECD convention outlawing bribery of foreign public officials is welcome evidence of how much progress has been made in the battle against corruption. The financial crisis in East Asia is an indication of how much remains to be done. Corruption is by no means a new issue but it has only recently emerged as a global issue. With the end of the Cold War, the pace and breadth of the trends toward democratization and international economic integration accelerated and expanded globally. Yet corruption could slow or even reverse these trends, potentially threatening economic development and political stability in some countries. * As the global implications of corruption have grown, so has the impetus for international action to combat it. In addition to efforts in the OECD, the Organization of American States, the World Trade Organization, and the United Nations General Assembly, the World Bank and the International Monetary Fund have both begun to emphasize corruption as an impediment to economic development. * This book includes a chapter by the Chairman of the OECD Working Group on Bribery discussing the evolution of the OECD convention and what is needed to make it effective. Other chapters address the causes and consequences of corruption, including the impact on investment and growth and the role of multinational corporations in discouraging bribery. The final chapter summarizes and also discusses some of the other anticorruption initiatives that either have been or should be adopted by governments, multilateral development banks, and other international organizations.
TL;DR: It is argued that an international nutrition system should deliver in four functional areas: stewardship, mobilisation of financial resources, direct provision of nutrition services at times of natural disaster or conflict, and human and institutional resource strengthening.
TL;DR: In this paper, Nino analyzes the impact of human rights trials on the future of democracy in Argentina during the 1980s, when a brutal military dictatorship gave way to a democratic government.
Abstract: Does an emergent democracy have an obligation to prosecute its former dictators for crimes against humanity-for what Arendt and Kant called "radical evil"? What impact will such prosecutions have on the future of democracy? In this book, Carlos Santiago Nino offers a provocative first-hand analysis of developments in Argentina during the 1980s, when a brutal military dictatorship gave way to a democratic government. Nino played a key role in guiding the transition to democracy and in shaping the human rights policies of President Raul Alfonsin after the fall of the military junta in 1983. The centerpiece of Alfonsin's human rights program was the trial held in a federal court in Buenos Aires in 1985, which resulted in the convictions of five of the leading members of the junta that ruled the country from 1976 to 1983. Placing the Argentine experience in the context of the war crimes trials at Nuremberg, Tokyo, and elsewhere, Nino examines the broader questions raised by human rights trials. He considers their political repercussions and their potential for strengthening the new democratic government. He explains why prosecutions for human rights violations should be grounded on a theory of the criminal law that emphasizes the preventive rather than retributive functions of punishment. Nino rejects the obligation to punish perpetrators of radical evil and argues instead for a more forward-looking duty-to safeguard democracy. This, he believes, is what ultimately justified the Argentine trials and should be the focus of any international action.
TL;DR: State-level actions to address global climate change, such as laws and litigation recently undertaken by California and by several Northeastern states to limit greenhouse gas (GHG) emissions, reflect creative legal strategies understandably intended to achieve a major environmental objective while the US federal government has not joined the Kyoto Protocol and has not yet adopted national legislation as discussed by the authors.
Abstract: State-level actions to address global climate change, such as laws and litigation recently undertaken by California and by several Northeastern states to limit greenhouse gas (GHG) emissions, reflect creative legal strategies understandably intended to achieve a major environmental objective while the US federal government has not joined the Kyoto Protocol and has not yet adopted national legislation. But even assuming that forestalling global climate change is urgently needed, state-level action is not the best way to do so. Acting locally is not well suited to regulating moveable global conduct yielding a global externality. Legally, state-level action confronts several obstacles, including the dormant commerce clause, dormant treaty clause, interstate compacts clause, and standing to sue. Politically, local action to limit GHG emissions confronts the obstacle that it would incur in-state costs for minimal in-state benefits (raising the positive question why states are acting at all). Normatively, state-level action would make only a minor difference in global emissions, and may even yield perverse results by spurring emissions leakage to other jurisdictions. Given that such state-level action is actually occurring, its best uses include stimulating technological change, learning from experimentation with policy designs, and fostering momentum for broader national and international action. Yet varied policy experiments may conflict with a larger harmonized regime. The best approach to a global externality is a well-designed global regime that engages all major GHG emitters.