Mills focuses on one of the most significant parts of the sovereignty debate on human rights and humanitarian issues and raises three interrelated questions. First, how are empirical processes and practices undermining traditional notions of sovereignty? These include actions by the United Nations and other organizations on behalf of human rights, such as humanitarian intervention, the movements of refugees and others across the borders, and increasing calls for communal self-determination. Second, taking into account the above question, and examining these issues from a normative political theory perspective, what should be the relationship between individuals, groups, states, and the international community with respect to the twin aspects of power and authority inherent in sovereignty? Third, what new or modified international institutions may be needed in the future to deal with these humanitarian issues?

In 2011, the UN Human Rights Council created the mandate of the Independent Expert on the Promotion of a Democratic and Equitable International Order. This book, based on the reports by Dr. Alfred de Zayas, the first mandate-holder (2012-2018), offers a brilliant and comprehensive critique of the UN system, addressing the changes that must be made in order to further the emergence of a democratic and equitable international order. De Zayas proposes concrete reforms of the UN system, notably the Security Council. He advocates recognition of peace as a human right, slashing military budgets, and establishing the right of self-determination as a conflict-prevention measure. As it concerns the global economy, he calls for reversing the adverse impacts of World Bank and International Monetary Fund policies, rendering free-trade agreements compatible with human rights, abolishing tax havens and ISDS, alleviating the foreign debt crisis, and criminalizing war-profiteers and pandemic vultures. He denounces unilateral coercive measures, economic sanctions and financial blockades, because they demonstrably have led to hundreds of thousands of deaths. Book jacket.

Preface.

Universal Human Rights brings new clarity to the important and highly contested concept universal human rights. The Charter of the United Nations commits nearly all nations of the world to promote, to realize and take action to achieve human rights and fundamental freedoms for all, yet this formal consensus masks an underlying confusion about the philosophical basis and practical implications of rights in a world made up of radically different national communities. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. Rights protect the benefits of cultural diversity, while recognizing the universal dignity that every human life deserves. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an otherwise divided world.

As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The re-issuance of this venerable title, unveils this work to a new generation of scholars, students, and practitioners of international law and human rights.

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Is the US really exceptional in terms of its willingness to take universal human rights seriously? According to the rhetoric of American political leaders, the United States has a unique and lasting commitment to human rights principles and to a liberal world order centered on rule of law and human dignity. But when push comes to shove—most recently in Libya and Syria--the United States failed to stop atrocities and dithered as disorder spread in both places. This book takes on the myths surrounding US foreign policy and the future of world order. Weighing impulses toward parochial nationalism against the ideal of cosmopolitan internationalism, the authors posit that what may be emerging is a new brand of American globalism, or a foreign policy that gives primacy to national self-interest but does so with considerable interest in and genuine attention to universal human rights and a willingness to suffer and pay for those outside its borders—at least on occasion. The occasions of exception—such as Libya and Syria—provide case studies for critical analysis and allow the authors to look to emerging dominant powers, especially China, for indicators of new challenges to the commitment to universal human rights and humanitarian affairs in the context of the ongoing clash between liberalism and realism. The book is guided by four central questions: 1) What is the relationship between cosmopolitan international standards and narrow national self-interest in US policy on human rights and humanitarian affairs? 2) What is the role of American public opinion and does it play any significant role in shaping US policy in this dialectical clash? 3) Beyond public opinion, what other factors account for the shifting interplay of liberal and realist inclinations in Washington policy making? 4) In the 21st century and as global power shifts, what are the current views and policies of other countries when it comes to the application of human rights and humanitarian affairs?

Shows how the UN regime on human rights has transformed national and international society in accordance with liberal values.