- Title Pages
- Contributors
- Acknowledgments
- 1 Conceptualizing Comparative International Law
- 2 Methodological Guidance
- 3 Comparative International Law, Foreign Relations Law, and Fragmentation
- 4 Why Comparative International Law Needs International Relations Theory
- 5 The Many Fields of (German) International Law
- 6 Crimea and the South China Sea
- 7 “<i>Shioki</i> (Control),” “<i>Fuyo</i> (Dependency),” and Sovereignty
- 8 Comparative International Law Within, Not Against, International Law
- 9 The Continuing Impact of French Legal Culture on the International Court of Justice
- 10 International Law in National Legal Systems
- 11 Objections to Treaty Reservations
- 12 Intelligence Communities and International Law
- 13 National Legislatures
- 14 International Law in Chinese Courts during the Rise of China
- 15 The Democratizing Force of International Law
- 16 Case Law in Russian Approaches to International Law
- 17 Doing Away with Capital Punishment in Russia
- 18 Comparative Views on the Right to Vote in International Law
- 19 When Law Migrates
- 20 An Asymmetric Comparative International Law Approach to Treaty Interpretation
- 21 Comparative International Law and Human Rights
- 22 CEDAW in National Courts
- 23 The Great Promise of Comparative Public Law for Latin America
- 24 Who Cares about Regulatory Space in BITs? A Comparative International Approach
- 25 Africa and the Rethinking of International Investment Law
- 26 Not so Treacherous Waters of International Maritime Law
- Index
Comparative International Law and Human Rights
Comparative International Law and Human Rights
A Value-Added Approach
- Chapter:
- (p.439) 21 Comparative International Law and Human Rights
- Source:
- Comparative International Law
- Author(s):
Christopher McCrudden
- Publisher:
- Oxford University Press
This chapter offers a justification for separating comparative international human rights law from other related scholarly approaches, using the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as an example. Section II attempts to isolate the field of comparative international law from other connected fields. Section III sets out the necessary and sufficient elements that define the field of “comparative international human rights law.” Section IV considers differences between this approach and the broader approach adopted by the editors in their introduction, and suggests that such differences as exist may be due to the fact that human rights, and comparative international human rights law, have features that distinguish them from comparative international legal scholarship more generally. Section V concludes.
Keywords: comparative international law, human rights, human rights law, CEDAW, international legal scholarship
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- Title Pages
- Contributors
- Acknowledgments
- 1 Conceptualizing Comparative International Law
- 2 Methodological Guidance
- 3 Comparative International Law, Foreign Relations Law, and Fragmentation
- 4 Why Comparative International Law Needs International Relations Theory
- 5 The Many Fields of (German) International Law
- 6 Crimea and the South China Sea
- 7 “<i>Shioki</i> (Control),” “<i>Fuyo</i> (Dependency),” and Sovereignty
- 8 Comparative International Law Within, Not Against, International Law
- 9 The Continuing Impact of French Legal Culture on the International Court of Justice
- 10 International Law in National Legal Systems
- 11 Objections to Treaty Reservations
- 12 Intelligence Communities and International Law
- 13 National Legislatures
- 14 International Law in Chinese Courts during the Rise of China
- 15 The Democratizing Force of International Law
- 16 Case Law in Russian Approaches to International Law
- 17 Doing Away with Capital Punishment in Russia
- 18 Comparative Views on the Right to Vote in International Law
- 19 When Law Migrates
- 20 An Asymmetric Comparative International Law Approach to Treaty Interpretation
- 21 Comparative International Law and Human Rights
- 22 CEDAW in National Courts
- 23 The Great Promise of Comparative Public Law for Latin America
- 24 Who Cares about Regulatory Space in BITs? A Comparative International Approach
- 25 Africa and the Rethinking of International Investment Law
- 26 Not so Treacherous Waters of International Maritime Law
- Index