The Contentious History of the International Bill of Human Rights ( Cambridge Studies in Law and Society )

Publication series ：Cambridge Studies in Law and Society

Author： Christopher N. J. Roberts  

Publisher： Cambridge University Press‎

Publication year： 2014

E-ISBN: 9781316055960

P-ISBN(Paperback): 9781107014633

Subject： D998.2 international protection of human rights

Keyword： 法学各部门

Language： ENG

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The Contentious History of the International Bill of Human Rights

Description

Today, the idea of human rights enjoys near-universal support; yet, there is deep disagreement about what human rights actually are - their true source of origin, how to study them, and how best to address their deficits. In this sweeping historical exploration, Christopher N. J. Roberts traces these contemporary conflicts back to their moments of inception and shows how more than a half century ago a series of contradictions worked their way into the International Bill of Human Rights, the foundation of the modern system of human rights. By viewing human rights as representations of human relations that emerge from struggle, this book charts a new path into the subject of human rights and offers a novel theory and methodology for rigorous empirical study.

Chapter

Cover

Half-title

Series information

Dedication

Title page

Copyright information

Table of contents

Preface

Acknowledgments

Introduction

I

II

III

IV

V

VI

VII

VIII

IX

X

XI

Chapter 1 What Are Human Rights and Where Do They Come from?

I

II

III

IV

V

VI

Chapter 2 From War and Politics to Human Rights: The Cold War and Colonial Recession

I

II

A Divided Unity

III

Great Britain’s Path – Warding Off Colonial Recession

IV

The Soviet Union’s Path

V

The United States’ Path

VI

An Inauspicious Moment for Human Rights?

Chapter 3 Protecting State Sovereignty from the “Dangers” of Human Rights

Introduction

I

Tensions Built into the UN Charter

1945: The United Nations Charter

II

Relinquishing Sovereignty: Three Strands of American Internationalism, 1945–1947

October 1945: A New Strand of American Internationalism Emerges in the “Atomic Era”

Plates

1946: A Second Strand of American Internationalism – Human Rights and the UN Charter as US Law?

1947: A Third Strand of American Internationalism – Fixing the UN and the Veto

III

America Debates a New Era of International Politics, Law, and Human Rights during the “Do-Nothing” Congress, 1947–1948

The Public Debates

1948: International Questions, Domestic Answers

IV

The Opposition Responds, 1948–1953

V

1949: The Internationalists Steam Forward

VI

1950: The Opposition Defines the “Dangers” of Human Rights

Conclusion

Chapter 4 Saving Empire: The Attempt to Create (Non)-Universal Human Rights

Introduction

I

Ideas Matter

II

The Same Battle in the Field of Law and Politics

III

The Colonial Clause Debates

IV

The Day After

V

A Space for Duty Formation?

Conclusion

Chapter 5 A Human Rights Treaty that Permits Lynching?

Introduction

I

The Struggle over Race at the “Bar of World Opinion”

II

Assuming Rights, Honoring Duties

III

The Rejection of Duties – Hypothetical and Real

IV

Destroying Hallowed Spaces: Expelling Black Advocacy Groups from the American Nation

V

An Unholy Consummation of Duty and Right

Conclusion

Chapter 6 The United States’ Unequivocal Ambivalence toward Socioeconomic Rights

Introduction

I

Human Rights that Exceed the Limits of the US Constitution

II

The Opposition Forms

III

International Support/Domestic Opposition

IV

The American Medical Association’s Massive Campaign Blitz

V

The United States’ Unsuccessful Attempt to Keep Socioeconomic Rights Out of the Covenant

VI

Domestic Opponents Target International Treaties

VII

The United States Redoubles Its Efforts at the UN

VIII

The Two-Covenant Solution

Epilogue

Index

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