Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgments
- Introduction
- Chapter 1 What Are Human Rights and Where Do They Come from?
- Chapter 2 From War and Politics to Human Rights: The Cold War and Colonial Recession
- Chapter 3 Protecting State Sovereignty from the “Dangers” of Human Rights
- Chapter 4 Saving Empire: The Attempt to Create (Non)-Universal Human Rights
- Chapter 5 A Human Rights Treaty that Permits Lynching?
- Chapter 6 The United States’ Unequivocal Ambivalence toward Socioeconomic Rights
- Epilogue
- Index
- References
Chapter 3 - Protecting State Sovereignty from the “Dangers” of Human Rights
Published online by Cambridge University Press: 05 November 2014
Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgments
- Introduction
- Chapter 1 What Are Human Rights and Where Do They Come from?
- Chapter 2 From War and Politics to Human Rights: The Cold War and Colonial Recession
- Chapter 3 Protecting State Sovereignty from the “Dangers” of Human Rights
- Chapter 4 Saving Empire: The Attempt to Create (Non)-Universal Human Rights
- Chapter 5 A Human Rights Treaty that Permits Lynching?
- Chapter 6 The United States’ Unequivocal Ambivalence toward Socioeconomic Rights
- Epilogue
- Index
- References
Summary
Introduction
The United States government pursues a strong human rights agenda in international matters. But in national politics the term is rarely, if ever, uttered with respect to US citizens. This practice of strong international support for human rights amidst domestic silence is often considered under the broad banner of American exceptionalism – a concept, a practice, a civic creed that appears at once in opposing normative lights. On one side of the issue, there are those who argue that the United States boasts an illustrious history of rights – a shining city on the hill that has fought for, honored, and set the standard for the modern world. Others, however, are much less forgiving of the United States’ exceptional stance on human rights. The reluctance to ratify basic human rights treaties such as the International Covenant on Economic, Social, and Cultural Rights (ICESCR) relegates it to an outlier status among developed nations, making it more of an isolated citadel than a shining city. In recent years the question of whether the nation’s bifurcated approach to human rights is a good thing or not has made for lively debate among small circles of scholars, activists, lawmakers, and jurists. In truth, however, there is relative quiet on the issue. For most Americans the nation’s domestic silence on human rights amidst its strong international support is an accepted fact – no more a subject to debate than the ground upon which one walks.
- Type
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- Information
- Publisher: Cambridge University PressPrint publication year: 2014
References
(1995), “U.S. Ratification of Human Rights Conventions: The Ghost of Senator Bricker,” The American Journal of International Law 89(2):341–50Google Scholar
, The Bricker Amendment Controversy (Ithaca: Cornell University Press, 1988)
, Human Rights Treaties and the Senate (Chapel Hill: University of North Carolina Press, 1990)
, Democracy and the Global Order: From the Modern State to Cosmopolitan Governance (Oxford: Polity Press, 1995)
(1999), “That ‘S’ Word: Sovereignty, and Globalization, and Human Rights, et cetera,” Fordham Law Review 68(1):1–14Google Scholar
(1990), “Sovereignty and Human Rights in Contemporary International Law,” American Journal of International Law 84(4):866–76Google Scholar
, “Law of States, Law of Peoples: Three Models of Sovereignty,” Legal Theory 8(1):1–44
, Sovereignty, 2nd ed. (Cambridge: Cambridge University Press, 1986)
, Jr. (1954), “The Flag, the Constitution, and International Agreements,” Harvard Law Review 68(8):1374–81Google Scholar
(1967), “The Conservative Coalition in the United States Senate, 1942–1945,” The Journal of Southern History 33(3):368–76Google Scholar
, Human Rights as International Consensus: The Making of the Universal Declaration of Human Rights, 1945–1948 (Bergen: Chr. Michelsen Institute, 1993)
“Statement by Henri Laugier, Assistant Secretary-General for the United Nations Department of Social Affairs on the Covenant of Human Rights,” April 13, 1950, International Organization 4(3):554
(1946), “ Limitations on the Functions of the United Nations,” Yale Law Journal 55(5):997–1015Google Scholar
(1946), “The United Nations and Domestic Jurisdiction,” International Organization 3(1):14–28Google Scholar
, Domestic Jurisdiction: A Limitation on International Law (London: Grotius Society, 1947)
, “Introduction,” in The International Bill of Rights, ed. (New York: Columbia University Press, 1981), 4–5
, The Universal Declaration of Human Rights (Philadelphia: University of Pennsylvania Press, 1999), 3
, NGOs and the Universal Declaration of Human Rights: A Curious Grapevine (New York: St. Martin’s Press, 1998), 30
, Facing Reality (New York: Harper & Row, 1980), 43
, The Politics of World Federation (Westport: Praeger, 2004), 151
, Union Now: A Proposal for a Federal Union of the Democracies of the North Atlantic (London: Harper & Brothers, 1939), 2
, Modern Man is Obsolete (New York: Viking Press, 1945)
, The Anatomy of Peace (New York: Harper, 1945)
ed., Winston Churchill and Emery Reves: Correspondence, 1937–1964 (Austin: University of Texas Press, 1997), 15
(1956), “Ten Years That Changed the World,” Bulletin of the Atomic Scientists 12(1): 2–6CrossRefGoogle Scholar
(1995), “Exotic Resonances: Hiroshima in American Memory,” Diplomatic History 9(2):297–318CrossRefGoogle Scholar
, Facing Reality (New York: Harper & Row, 1980)
(1947), “Regional Group Conferences of the American and Canadian Bar Associations on International Law,” American Journal of International Law 41(4):905–8Google Scholar
(1946), “‘World Government’ No Answer to America’s Desire for Peace.” American Bar Association Journal 32:642–45, 718–21Google Scholar
, “The Charter of the United Nations and Its Provisions for Human Rights and the Rights of Minorities and Decisions Already Taken Under This Charter,” in Appeal to the World, ed. (New York: NAACP, 1947), 85
, Jr. (1949), “A Progress Report on World Federation,” Bulletin of the Atomic Scientists 5(10):281–82CrossRefGoogle Scholar
. 1947
“The Constitutional Foundation for World Order,” in Principles and Problems of International Politics, eds. and (New York: Alfred A. Knopf, 1950),143–47
, Goddess of the Market: Ayn Rand and the American Right (Oxford: Oxford University Press, 2009)Google Scholar
(1948), “The Universal Declaration of Human Rights,” British Year Book of International Law 25: 367Google Scholar
, A Modern Law of Nations (New York: Macmillan, 1948), 41
(1948), “An ‘International Bill of Rights’: Proposals Have Dangerous Implications for U.S.” American Bar Association Journal 34(11):984–86, 1078–81Google Scholar
, The Nightmare of American Foreign Policy (New York: Alfred A. Knopf, 1948)
(1950), “Amending the Constitution to Provide for Participation in a World Government,” Albany Law Review 14:125–48Google Scholar
, (1950) “Constitutional Amendment for Participation in World Government,” New York State Bar Association Bulletin, 22:391Google Scholar
“Survey of Statutory Changes in North Carolina,” North Carolina Law Review (1949), 27(4):497
(2004), “Important or Impotent? Taking Another Look at the 1920 California Alien Land Law,” Journal of Economic History 64(1):125–43. For a broader historical analysis of the Japanese exclusion movement see , The Politics of Prejudice, 2nd ed. (Berkeley: University of California Press, 1977)Google Scholar
(1950), “Editorial Comments: Charter Provisions on Human Rights in American Law,” American Journal of International Law 44(3):543Google Scholar
(1948), “Editorial Comments: Integrity of International Instruments,” American Journal of International Law 42(1):108Google Scholar
(1952), “Some Aspects of the Human Rights Provisions of the Charter and Their Execution in the United States,” American Journal of International Law 46(2):292Google Scholar
(1950), “Human Rights and Colour Discrimination,” International Law Quarterly 3(3):422–26Google Scholar
(1951), “Danger to America: The Draft Covenant on Human Rights,” American Bar Association Journal 37(10):739–42Google Scholar
(1984), “The United Nations Charter and United States Civil Rights Litigation: 1946–1955,” Iowa Law Review 69(4):901–56Google Scholar
(1950), “Treaty Law-Making: A Blank Check for Writing a New Constitution,” American Bar Association Journal 36(9):787Google Scholar
(1951), “National Courts and Human Rights – The Fujii Case,” American Journal of International Law 45(1)62–82, 70Google Scholar
(1950), “The Declaration of Human Rights, the United Nations Charter and Their Effect on the Domestic Law of Human Rights,” Virginia Law Review 36(8):1059–84Google Scholar
(1951), “The Charter and the Constitution: The Human Rights Provisions in American Law,” Vanderbilt Law Review 4(3):643–59Google Scholar