New Approaches to International Law: The European and the by Frédéric Mégret (auth.), José María Beneyto, David Kennedy

By Frédéric Mégret (auth.), José María Beneyto, David Kennedy (eds.)

This quantity bargains a distinct mirrored image at the historical and modern effect of the hot ways to overseas legislations (NAIL) circulate in the context of Europe and the US. particularly, the contributions specialise in the highbrow manufactured from NAIL's founder, David Kennedy, relating to 3 criminal streams: human rights, felony historical past, and the legislations of conflict. at the one hand, the quantity is efficacious analyzing for a wide viewers attracted to the present demanding situations dealing with worldwide governance, and the way severe reviews could give a contribution to cutting edge highbrow and practice-oriented advancements in foreign legislations. nonetheless, stemming from a 2010 seminar in Madrid that introduced jointly students to debate David Kennedy's scholarship over the past 3 many years, the contributions listed here are a testomony to the group and ideas of the NAIL culture. the quantity comprises students from a large box of felony pursuits and backgrounds.

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Human rights cease to be believed in as ‘‘things in themselves’’, and become merely a tool of politics, albeit an idealist or virtuous politics. Pragmatism, however, is a complicated place from which to proceed. It assumes that we know what the goals are, when what is much needed is a politics of ends. Pragmatism may only work because the pragmatist is speaking to a particular community of reference, one that happens to share his world view, and within which talk of ‘‘costs’’ and ‘‘benefits’’ or distributive effects immediately makes sense.

Hence the suspicion, only beginning to be voiced, that human rights are too ‘‘human-centric’’ for an era profoundly challenged by the catastrophic impact of human activity. The framing of the problem as that of a ‘‘right to an environment,’’ whilst it may achieve some tactical goals, risks reinscribing the original and highly problematic pattern of anthropocentric domination over nature in an endless loop. Similar arguments could be made about the complex relationship between human and animal rights.

Is there room, in seeking to invent a non-hegemonic practice of human rights, for a turn to ethics? A critical ethics of human rights would emphasize how the 113 114 115 116 Asad 2000. Nyamu-Musembi 2005. Merry 2006; Goodale et al. 2006. Mégret 2009a. 1 Where Does the Critique of International Human Rights Stand? 33 invocation of rights places the invoker in relation to the ‘‘other’’. It might, for example, shift the gaze of human rights inwards rather than outwards, focusing on rights violations ‘‘at home’’ rather than routinely criticizing the record of others.

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