Professional Documents
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Stephen P. Marks, "From the 'Single Confused Page' to the 'Decalogue for Five Billion Persons': The
Roots of the Universal Declaration of Human Rights in the French Revolution," Human Rights
Quarterly 20 (August 1998):
2. SEPTEMBER 5: RIGHTS
We begin with the most basic conceptual questions of the nature of rights and how they are similar to
and different from other forms of social practices.
UHR2e, 1.1-2.
Joel Feinberg, "The Nature and Value of Rights," in Patrick Hayden (ed.), The Philosophy of Human
Rights.
Wesley Newcomb Hohfeld, "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning,"
Yale Law Journal 23 (November 1913): 16-59. (Skip pp. 16-29, but read pp. 30ff. carefully [although
without much attention to the extensive legal examples]. This is very dry but important reading.)
Ronald Dworkin, "Taking Rights Seriously," in Taking Rights Seriously.
James Nickel, Making Sense of Human Rights (http://spot.colorado.edu/~nickelj/msohr-welcome.htm),
ch. 2.
Recommended:
Peter Jones, Rights.
Brian Orend, Human Rights: Concept and Context, ch. 1.
Tara Smith, Moral Rights and Political Freedom, ch. 1, 2.
Wesley Newcomb Hohfeld, "Fundamental Legal Conceptions as Applied in Judicial Reasoning," Yale
Law Journal 26 (June 1917): 710-770.
Stanley I. Benn, "Rights," The Encyclopedia of Philosophy (1967).
3. SEPTEMBER 12: THE CONCEPT OF HUMAN RIGHTS
How are human rights different from other kinds of rights? How do they function? What is their source?
UHR2e, 1.3-4, ch. 2.
Henry Shue, Basic Rights, ch. 1, 2 (emphasizing pp. 13-22, 29-40, 51-64) and the final chapter in the
2nd edition.
James Nickel, Making Sense of Human Rights (http://spot.colorado.edu/~nickelj/msohr-welcome.htm) ,
ch. 3, 5.
Thomas Pogge, "How Should Human Rights Be Conceived?" in Patrick Hayden (ed.), The Philosophy
of Human Rights.
Martha Nussbaum, "Capabilities and Human Rights," in Patrick Hayden (ed.), The Philosophy of
Human Rights.
Steven Lukes, "Five Fables about Human Rights," in Stephen Shute and Susan Hurley (eds.), On Human
Rights: The Oxford Amnesty Lectures.
Michael Freeman, "The Philosophical Foundations of Human Rights," Human Rights Quarterly 16
(August 1994): 491-514.
H. L. A. Hart, "Are There Any Natural Rights?," in Hayden.
Alan Gewirth, "The Basis and Content of Human Rights," in Gewirth, Human Rights: Essays on
Justification and Application.
Recommended:
Jerome J. Shestack, "The Philosophical Foundations of Human Rights," Human Rights Quarterly 20
(May 1998): 200-234.
Maurice Cranston, What are Human Rights?.
R. J. Vincent, Human Rights and International Relations, ch. 1.
Michael J. Perry, The Idea of Human Rights: Four Inquiries, ch. 2.
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Ness, Debating Human Rights: Critical Essays from the United States and Asia..
Christopher Lingle, "The Propaganda Way," Foreign Affairs (May-June 1995): 193-196.
Xiaorong Li, "'Asian Values' and the Universality of Human Rights," in Patrick Hayden (ed.), The
Philosophy of Human Rights.
Anthony J. Langlois, The Politics of Justice and Human Rights, ch. 1, 2.
Daniel A. Bell, "The East Asian Challenge to Human Rights: Reflections on an East-West Dialogue,"
Human Rights Quarterly 18 (August 1966): 641-667.
Joseph Chan, "A Confucian Perspective on Human Rights," in Joanne Bauer and Daniel Bell, The East
Asian Challenge for Human Rights.
Recommended:
Stephen C. Angle, Human Rights and Chinese Thought: A Cross-Cultural Inquiry.
Peter Van Ness, Debating Human Rights: Critical Essays from the United States and Asia.
Inoue Tatsuo, "Liberal Democracy and Asian Orientalism," in Bauer and Bell.
Lynda S. Bell, "Who Produces Asian Identity? Discourses, Discrimination, and Chinese Peasant Women
in the Quest for Human Rights," in Lynda Bell, Andrew J. Nathan, and Ilan Peleg, Negotiating Culture
and Human Rights.
Daniel A. Bell, East Meet West: Human Rights and Democracy in East Asia.
Wm. Theodore de Bary, Asian Values and Human Rights: A Confucian Communitarian Perspective.
Human Rights in China (1991, Information Office of the State Council).
Andrew J. Nathan, "Sources of Chinese Rights Thinking," in R. Randle Edwards, Louis Henkin and
Andrew J. Nathan, Human Rights in Contemporary China.
Michael C. Davis (ed.), Human Rights and Chinese Values.
9. OCTOBER 24: INTERNATIONAL HUMAN RIGHTS REGIMES
This week we turn to multilateral implementation mechanisms. The aim is to obtain an overview of the
various forms of multilateral activity on behalf of internationally recognized human rights.
UHR2e, ch. 8
Hurst Hannum, Guide to International Human Rights Practice (Third Edition).
Recommended:
Harold Hongju Koh, "How is International Human Rights Law Enforced?," Indiana Law Journal 74
(1999): 1397-1417.
Howard Tolley Jr., The UN Commission on Human Rights.
Philip Alston (ed.), The United Nations and Human Rights: A Critical Appraisal.
Philip Alston, "The UN's Human Rights Record: From San Francisco to Vienna and Beyond," Human
Rights Quarterly 16 (May 1994): 375-390.
David P. Forsythe. "The United Nations and Human Rights at Fifty: An Incremental but Incomplete
Revolution," Global Governance 1 (1995): 297-318.
Thomas Risse, Steven C. Ropp, and Kathryn Sikkink (eds.), The Power of Human Rights: International
Norms and Domestic Change.
(For further reading on particular regional and functional regimes, see the notes in UHR2e ch. 8.)
10. OCTOBER 31: TREATY-REPORTING SYSTEMS
The leading multilateral implementation mechanism is reports by states to independent committees of
experts. This week we will look in some detail at the operation of such committees, with a special focus
on The Human Rights Committee. This is another week where there is way to much assigned reading -by far. Read the assigned chapters in Boerefijn as carefully as you can bring yourself to do. (It is dry but
important and informative reading.) Skim a couple state reports and read closely a few concluding
observations of the Committee. Then read chapters 1, 2, and 23 of Alston and Crawford. Finally, read
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selectively, on the basis of your interests and your own sense of importance, in the Alston and Crawford
and Bayefsky readers.
Ineke Boerefijn, The Reporting Procedure under the Covenant on Civil and Political Rights, ch. 1, 2, 916.
http://www.unhchr.ch/html/menu2/6/hrc/hrcs.htm Choose a couple reports from some recent sessions.
For example, in the 76th session, the Egyptian report is illuminating as much for what it avoids
addressing as what it says. (If you do look at this one, be sure to get to Part III and especially pp. 130ff.)
In the 75th session, New Zealand and Vietnam provide a nice contrast.
Philip Alston and James Crawford (eds.), The Future of UN Human Rights Treaty Monitoring.
Anne F. Bayefsky, The UN Human Rights Treaty System in the 21st Century.
Recommended:
Dominic McGoldrick, The Human Rights Committee: Its Role in the Development of the International
Covenant on Economic, Social and Cultural Rights.
Kitty Arambulo, Strengthening the Supervision of the International Covenant on Economic, Social and
Cultural Rights.
Sara Joseph, Jenny Schultz, and Melissa Castan, The International Covenant on Civil and Political
Rights: Cases, Materials, and Commentary.
11. NOVEMBER 7: HUMAN RIGHTS AND FOREIGN POLICY
We turn this week to the bilateral politics of human rights.
UHR2e, ch. 9, 10
David P. Forsythe (ed.), Human Rights in Comparative Foreign Policy. (Read selectively, based on your
interests, but be sure to include the chapters on the Netherlands and India.)
Peter Baehr, "Problems of Aid Conditionality: The Netherlands and Indonesia," Third World Quarterly
18 (June 1997): 363-376 OR Nico G. Schulte Nordholt, "Aid Conditionality: The Case of DutchIndonesian Relationships," Olav Stokke, Aid and Political Conditionality.
Recommended:
Jan Egeland, Impotent Superpower, Potent Small State.
Robert Matthews and Cranford Pratt (eds.), Human Rights in Canadian Foreign Policy.
Stanley Hoffmann, "Reaching for the Most Difficult: Human Rights as a Foreign Policy Goal,"
Daedalus 112 (Fall 1983): 19-49.
David P. Forsythe (ed.), The United States and Human Rights: Looking Inward and Outward.
Hans J. Morgenthau, Human Rights and Foreign Policy (1979, Council on Religion and International
Affairs).
Evan Luard, Human Rights and Foreign Policy.
Kathryn Sikkink, "The Power of Principled Ideas," in Judith Goldstein and Robert O. Keohane (eds.),
Ideas and Foreign Policy.
Clair Apodaca and Michael Stohl, "United States Human Rights Policy and Foreign Assistance."
International Studies Quarterly 43 (March 1999): 185-198.
Arthur J. Schlesinger, Jr., "Human Rights and the American Tradition," Foreign Affairs 1979, pp. 503526.
R. J. Vincent (ed.), Foreign Policy and Human Rights.
12. NOVEMBER 14: TRANSNATIONAL ACTIVISTS
The role of nongovernmental organizations has been central to the functioning and impact of the
international human rights movement. This week's required reading examines human rights (and
environmental) activists in the context of the idea of transnational advocacy networks.
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Margaret Keck and Kathryn Sikkink, Activists Beyond Borders: Advocacy Networks in International
Politics, ch.
Jackie Smith, Ron Pagnuco, and George A. Lopez , "Globalizing Human Rights: The Work of
Transnational Human Rights NGOs in the 1990s." Human Rights Quarterly 20 (May 1998).
Stefanie Grant, "The NGO Role: Implementing, Expanding Protection and Monitoring the Monitors," in
Anne F. Bayefsky, The UN Human Rights Treaty System in the 21st Century.
William Korey, "Human Rights NGOs: The Power of Persuasion," Ethics and International Affairs 13
(1999): 151-174.
Recommended:
Susan Burgerman, Moral Victories: How Activists Provoke Multilateral Action.
Lowell W. Livezey, "US Religious Organizations and the International Human Rights Movement,"
Human Rights Quarterly 11 (February 1989): 14-81.
Alison Brysk, "From Above and Below: Social Movements, the International System, and Human
Rights in Argentina," Comparative Political Studies 26 (October 1993).
Felice D. Gaer, "Reality-Check: Human Rights NGOs Confront Governments in the United Nations," in
Leon Gordenker and Thomas G. Weiss, NGOs, the United Nations, and Global Governance.
Helena Cook, "Amnesty International and the United Nations," in Peter Willetts, The Conscience of the
World. The Influence of Non-Governmental Organizations in the UN System.
Kenneth A. Rodman, "'Think Globally, Punish Locally': Nonstate Actors, Multinational Corporations,
and Human Rights Sanctions," Ethics and International Affairs 12 (1998): 19-42.
Andrew Clapham, "Creating the High Commissioner for Human Rights: The Outside Story," European
Journal of International Law 5 (no. 4 1994): 556-568.
William Korey, NGOs and the Universal Declaration of Human Rights.
C. P. Cohen, "The Role of Non-Governmental Organizations in the Drafting of the Convention on the
Rights of the Child," Human Rights Quarterly 12 (1990): 137-147.
Margo Picken, "Ethical Foreign Policies and Human Rights: Dilemmas for Non-Governmental
Organisations," in Karen E. Smith and Margot Light, Ethics and Foreign Policy.
Claude E. Welch Jr., Protecting Human Rights in Africa: Roles and Strategies of Non-Governmental
Organizations.
13. NOVEMBER 21: CASE STUDY: POST-TIANANMEN CHINA
International reactions to the 1989 Tiananmen massacre provide a useful case study for considering the
interaction of bilateral, multilateral, and transnational human rights activities, and the interaction of
human rights with other international political and foreign policy objectives.
Rosemary Foot, Rights Beyond Borders: The Global Community and the Struggle over Human Rights
in China.
Recommended:
James Mann, About Face: A History of America's Curious Relationship with China, from Nixon to
Clinton.
Roberta Cohen, "People's Republic of China: The Human Rights Exception," Human Rights Quarterly
November 1987.
John F. Cooper, "Peking's Post-Tiananmen Foreign Policy: The Human Rights Factor," Issues and
Studies, October 1994, pp. 49-73.
Ann Kent, China, The United Nations, and Human Rights.
Elizabeth Economy and Michel Oksenberg (eds.), China Joins the World.
Alastair Iain Johnston and Robert S. Ross (eds.), Engaging China: The Management of an Emerging
Power.
K. V. Kesavan, "Japan and the Tiananmen Square Incident," Asian Survey, July 1990, pp. 669-68.
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David Lampton, "America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage,"
China Quarterly, September 1994, pp. 597-621.
Andrew J. Nathan, "Influencing Human Rights in China," in James R. Lilley and Wendell L. Willkie II,
Beyond MFN: Trade with China and American Interests.
14. DECEMBER 5: GROUP RIGHTS
One of the more controversial theoretical and practical issues in recent years has been the status of
groups and the adequacy of the strong individualism of international human rights norms.
UHR2e, ch. 12.
Marlies Galenkamp, "Collective Rights." SIM Special Report No. 16, Utrecht, 1995.
Jack Donnelly, "Third Generation Rights," in C. Brolmann et al. (eds.), Peoples and Minorities in
International Law.
William F. Felice, "The Case for Collective Human Rights: The Reality of Group Suffering," Ethics and
International Affairs 10 (1996): 47-61.
James Crawford, "The Rights of Peoples: 'Peoples' or 'Governments'," in Patrick Hayden (ed.), The
Philosophy of Human Rights.
Will Kymlicka, "The Good, the Bad and the Intolerable: Minority Group Rights," in Patrick Hayden
(ed.), The Philosophy of Human Rights.
James W. Nickel, "Group Agency and Group Rights," in Ian Shapiro and Will Kymlicka, Ethnicity and
Group Rights.
Abdullahi A. An-Na'im, "Human Rights and the Challenge of Relevance: The Case of Collective
Rights," in Monique Castermans-Holleman, Fried von Hoof, and Jacqueline Smith. The Role of the
Nation-State in the 21st Century: Human Rights, International Organisations and Foreign Policy.
Recommended:
Ian Shapiro and Will Kymlicka (eds.), Ethnicity and Group Rights.
Will Kymlicka (ed.), The Rights of Minority Cultures.
Jennifer Jackson Preece, National Minorities and the European Nation-State System.
Stephen P. Marks, "Emerging Human Rights: A New Generation for the 1980s?" Rutgers Law Review
33 (Winter 1981): 435-452.
Rhoda E. Howard, Human Rights and the Search for Community.
Peter Cumper and Steven Wheatley, Minority Rights in the "New" Europe.
Juha Raikka (ed.), Do We Need Minority Rights? Conceptual Issues.
Kristin Henrard, Devising an Adequate System of Minority Protection: Individual Human Rights,
Minority Rights and the Right to Self-Determination.
15. DECEMBER 12: HUMANITARIAN INTERVENTION
Perhaps the most striking difference between Cold War era and post-Cold War international human
rights practice has been in the treatment of genocide. This week we explore the question of the
development of an enforceable anti-genocide norm and associated claims for a right to humanitarian
intervention.
UHR2e, ch. 14.
Michael Walzer, Just and Unjust Wars, ch. 6.
Terry Nardin, "The Moral Basis of Humanitarian Intervention," Ethics and International Affairs 16 (no.
1, 2002): 57-70.
The Responsibility to Protect, Report of the International Commission on Intervention and State
Sovereignty http://www.iciss-ciise.gc.ca/report-e.asp
Jarat Chopra and Thomas G. Weiss, "Sovereignty under Siege: From Intervention to Humanitarian
Space," in Gene M. Lyons and Michael Mastanduno, Beyond Westphalia? State Sovereignty and
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International Intervention.
Nicholas J. Wheeler, Saving Strangers: Humanitarian Intervention and International Society (read the
Introduction, ch. 1 and the Conclusion carefully, and the cases selectively).
Robert Jackson, The Global Covenant, ch. 10 (having first skimmed ch. 5, 7).
Recommended:
Sean D. Murphy, Humanitarian Intervention: The United Nations in an Evolving World Order.
Albrecht Schnabel and Ramesh Thakur (eds.), Kosovo and the Challenge of Humanitarian Intervention:
Selective Indignation, Collective Action, and International Citizenship.
Independent International Commission on Kosovo, The Kosovo Report: Conflict, International
Response, Lessons Learned [http://www.kosovocommission.org/index.html].
Michael Joseph Smith, "Humanitarian Intervention: An Overview of the Ethical Issues," Ethics and
International Affairs 12 (1998): 63-79 [reprinted in Patrick Hayden (ed.), The Philosophy of Human
Rights].
Thomas M. Franck and Nigel S. Rodley, "After Bangladesh: The Law of Humanitarian Intervention by
Military Force," American Journal of International Law 67 (April 1973): 275-305.
Ian Brownlie, "Thoughts on Kind-Hearted Gunmen," in Richard B. Lillich, Humanitarian Intervention
and the United Nations.
Lori Fisler Damrosch, "Changing Conceptions of Intervention in International Law," in Laura W. Reed
and Carl Kaysen, Emerging Norms of Justified Intervention.
Julie Mertus, "Reconsidering the Legality of Humanitarian Intervention: Lessons from Kosovo,"
William and Mary Law Review 41 (2000): 1743-1787.
Mervyn Frost, "The Ethics of Humanitarian Intervention: Protecting Civilians to Make Democratic
Citizenship Possible," in Karen E. Smith and Margot Light, Ethics and Foreign Policy.
Antonio Cassese, "Ex Iniuria Ius Oritur: Are We Moving Towards International Legitimation of
Forcible Humanitarian Countermeasures in the World Community?" European Journal of International
Law 10 (no. 1 1999) [http://www.ejil.org/journal/Vol10/No1/com.html]
Dino Kritsiotis, "Reappraising Policy Objections to Humanitarian Intervention," Michigan Journal of
International Law 19 (Summer 1998).
Lea Brilmayer, "What's the Matter with Selective Intervention?" Arizona Law Review 37 (Winter
1995): 955-970.
Thomas M. Franck, "Lessons of Kosovo," American Journal of International Law 93 (October 1999):
857-860.
Louis Henkin, "Kosovo and the Law of 'Humanitarian Intervention'," American Journal of International
Law 93 (October 1999): 824-828.
Jonathan I. Charney, "Anticipatory Humanitarian Intervention," American Journal of International Law
93 (October 1999): 834-841.
Charles R. Beitz, "Nonintervention and Communal Integrity," Philosophy and Public Affairs 9 (Summer
1980): 385-391.
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