Suchergebnisse

Introduction -- The four paradigms or ideal-types in the discipline of international relations -- The different debates in the discipline of international relations -- Realism : theory and (the effectiveness of ) international human rights treaties -- Liberalism : theory and the effectiveness of international human rights treaties -- Institutionalism : theory and the effectiveness of international human rights treaties -- Fairness : theory and the effectiveness of international human rights treaties -- Transnational legal process : theory and the effectiveness of international human rights treaties -- Managerial process : theory and the effectiveness of international human rights treaties -- The autonomous legal discourse and the appellative or the discursive effect of human rights.

Introduction -- The four paradigms or ideal-types in the discipline of international relations -- The different debates in the discipline of international relations -- Realism : theory and (the effectiveness of ) international human rights treaties -- Liberalism : theory and the effectiveness of international human rights treaties -- Institutionalism : theory and the effectiveness of international human rights treaties -- Fairness : theory and the effectiveness of international human rights treaties -- Transnational legal process : theory and the effectiveness of international human rights treaties -- Managerial process : theory and the effectiveness of international human rights treaties -- The autonomous legal discourse and the appellative or the discursive effect of human rights.

International practice indicates a tendency that the obligations under human rights treaties continue under the law of State succession. The successor State is thus bound to respect the rights previously granted under a human rights treaty to the inhabitants of a territory it has assumed responsibility for. However, the successor State is not automatically party to the human rights treaty which its predecessor was a party to. As such, the continuity of human rights obligations has not occurred ipso iure. Yet, States have acquiesced to the jurisprudence of the Human Rights Committee and accepted their human rights obligations retroactively upon the ratification of the human rights treaties.

Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Introduction -- 1Objective of the Study -- 2 Approach -- 2.1 Compliance -- 2.2 Effectiveness -- 3 Argument -- 4 Legal Framework -- 5 Methodology -- 6 Structure -- Part 1 A Discourse Analysis of Political Theories - in the Presence of a Paradigm Shift -- 1 Introduction to Part 1 -- Chapter 1 The Four Paradigms or Ideal-Types in the Discipline of International Relations -- Chapter 2 The Different Debates in the Discipline of International Relations -- 1 The First Debate - an Ontological Question -- 2 The Second Debate - a Methodological Shift -- 3 The Inter-paradigmatic Debate -- 4 The Third Debate - an Epistemological Question -- Part 2 Rational Choice Theories and International Human Rights Treaties -- 1 Introduction to Part 2 -- Chapter 3 Realism: Theory and (the Effectiveness of) International Human Rights Treaties -- 1 An Outdated Realism? -- 2 Situating Coercion, Effects and State Behaviour - the Existential Dialectics of Love and Power -- 3 International Human Rights Law - the Function of a Given Political Order -- 3.1 The Concept of the Lesser Evil -- 3.2 The Reality of Human Right Norms -- 3.3 Consecrating the Primacy of the Political -- Chapter 4 Liberalism: Theory and the Effectiveness of International Human Rights Treaties -- 1 Situating Domestic Politics, Effects and State Behaviour -- 2 Prognoses on the Effects of State Behaviour -- 2.1 The Implementation of the International Human Rights Treaties - the Direct Applicability of Human Rights Treaties -- 2.2 Compliance with Inconvenient Human Rights Treaty Norms -- 2.2.1 Testing Easy-detectable Human Rights Treaty Violations -- 2.2.2 Testing not Easy-Detectable Human Rights Treaty Violations -- 2.2.3 Empirical Evidence and Conflictual Results.