Thursday, October 21, 2010

Gibney & Skogly: Universal Human Rights and Extraterritorial Obligations

Mark Gibney (Univ. of North Carolina, Asheville - Political Science) & Sigrun Skogly (Lancaster Univ. - Law) have published Universal Human Rights and Extraterritorial Obligations (University of Pennsylvania Press 2010). This is another volume in the series Pennsylvania Studies in Human Rights. The table of contents is here. Here's the abstract:

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights.

Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states.

From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.