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BL
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| Record Number
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873819
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| Main Entry
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Wheatley, Steven
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| Title & Author
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The idea of international human rights law /\ Steven Wheatley.
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| Edition Statement
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First edition.
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| Publication Statement
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Oxford :: Oxford University Press,, 2019.
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| Page. NO
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1 online resource
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| ISBN
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0191066869
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: 0191814172
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: 9780191066863
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: 9780191814174
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0198749848
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9780198749844
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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Cover; The Idea of International Human Rights Law; Copyright; Dedication; Contents; Introduction; Complexity Theory; Complexity Theory and Law; Complexity as a Methodology in International Law; The Argument from Complexity; The Structure of the Book; 1. What We Mean When We Talk about 'Human Rights'; The Debate on the History of Human Rights; On the Meaning(s) of 'Human Rights'; Moral Human Rights; The Political Conception of Human Rights I: The State and the Individual; Global Rights as a Secondary Concern
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Change in International LawAttractors: The Power of Ideas in International Law; Conclusion; 3. United Nations Human Rights Law; The Invention of Human Rights; United Nations Human Rights Law; A Complex System of Regulatory Authority; The Powers of the United Nations on Human Rights; Evolution in the Charter System; The Four Phases of UN Regulation on Human Rights; Phase 1. Setting Standards: A Declaration on Human Rights; Phase 2. Targeting Apartheid in Southern Africa; Phase 3. Responding to 'Gross and Systematic' Violations Everywhere
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Identifying Customary Human Rights LawConclusion; 6. On the Idea of Human Rights; On Human Rights; Making the Social World; Searle on Human Rights; Human Rights as Abstract (but Real) Entities; The Reality of Human Rights; The Five Moral Principles Underpinning Human Rights; A Dynamic Code; A Role for Secondary Agents of Justice; Dystopia Avoidance and Utopia Promotion; Conclusion; 7. The Idea of International Human Rights Law; The Debate on Human Rights; Making Sense of Human Rights; On the Existence of 'Human Rights'; On International Human Rights Law; In Summary; Selected Bibliography
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Phase 4. The Human Rights Council and 'All Human Rights for All'Conclusion; 4. The Core UN Human Rights Treaty Systems; The Core UN Human Rights Treaties; The Human Rights Treaty Systems; The Interpretation of Human Rights Treaties; The Pro Homine Approach to Interpretation; Changes in the Treaty Over Time; Who is 'Master' of the UN Human Rights Treaties?; Conclusion; 5. Customary Human Rights Law; Customary Human Rights Law; The Two-Element Approach; Stability and Change in Customary International Law; The Power of the Event of Apartheid South Africa; Customary Human Rights
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The Political Conception of Human Rights II: The State and Secondary Agents of JusticeThe Importance of International Law; Conclusion; 2. Complexity as a Methodology in International Law; Systems Theory Thinking in International Law; The Closed Systems Theory of Autopoiesis; Why Not Autopoiesis?; Why Complexity?; Complexity Theory; The Application to International Law; The Self-Organization of the International Law System; The Emergence of International Law; Downward Causation: System Rules; Problem-Solving and Path Dependence in International Law; The Power of Events in International Law
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| Abstract
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What is international human rights law? This question is addressed in this volume as Steven Wheatley explores how different types of human rights - moral, political, and legal - should be understood and considers how the complex systems theory of human rights can help to resolve current human rights controversies.
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| Subject
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Human rights.
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International law and human rights.
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Human rights.
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| Subject
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International law and human rights.
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| Subject
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LAW-- International.
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| Dewey Classification
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341.4/8
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| LC Classification
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K3240.W44 2019
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