OUVRAGE : E.J. Criddle (ed.), Human Rights in Emergencies

Evan J. CRIDDLE

Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures and offer new proposals for strengthening respect for human rights.


TABLE OF CONTENTS

List of Contributors
Acknowledgments

Evan J. Criddle, Introduction: Testing Human Rights Theory During Emergencies

PART I. DESIGNING A HUMAN RIGHTS REGIME FOR EMERGENCIES

Gerald L. Neuman, Constrained Derogation in Positive Human Rights Regimes 

Evan J. Criddle, Protecting Human Rights During Emergencies: Delegation, Derogation, and Deference 

James W. Nickel, Two Models of Normative Frameworks for Human Rights During Emergencies

PART II. LAW, POLITICS, AND POWER

Emilie M. Hafner-Burton, Laurence R. Helfer, and Christopher J. Fariss, Emergency and Escape: Explaining Derogations from Human Rights Treaties 

Fionnuala Ní Aoláin, The Cloak and Dagger Game of Derogation 

Thomas Poole, The Law of Emergency and Reason of State 

William E. Scheuerman, Human Rights Lawyers v. Carl Schmitt

PART III. EMERGING CHALLENGES

Scott Sheeran, Human Rights and Derogation in Peacekeeping: Addressing a Legal Vacuum Within the State of Exception 

Diane A. Desierto, Austerity Measures and International Economic, Social, and Cultural Rights

Index

Evan J. CRIDDLE (ed.), Human Rights in Emergencies, Cambridge University Press, Cambridge, 2016 (302 pp.)