Philip Alston
Dados Biográficos
| ID | 1317853 |
|---|---|
| NOME | Philip Alston |
| PRENOMES | Philip |
| SOBRENOME | Alston |
| ASSINATURA | ALSTON P |
| AFILIAÇÕES | New York University |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 46 |
| TOTAL DE CITAÇÕES | 210 |
| TOTAL COMO AUTOR | 41 |
| TOTAL COMO EDITOR | 7 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1982 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 8 |
The Right to a Healthy Environment
The lengthy process culminating in the UN General Assembly's recognition of the right to a healthy environment provides important insights into the nature of today's international human rights regime. In particular, it shows that human rights have moved well beyond the impoverished conceptions of rights that dominated the second part of the last century, that new norms develop in ways that are more complex and flexible than traditional doctrinal …
Criminalizing Human Rights
The priorities reflected in the overarching system that includes the regimes dealing with international human rights law, international humanitarian law, and international criminal law are currently undergoing a gradual but highly significant transformation. The cause is a growing preoccupation with ‘atrocity crimes’ in each of the three fields, along with the imposition of criminal sanctions in response to an ever increasing range of violations,…
Litigating the Climate Emergency
As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitione…
The United Nations and Human Rights
The very concept of human rights implies governmental accountability. To ensure that governments are held accountable for their treatment of citizens and others, the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, t…
Universal Basic Income as a Social Rights–Based Antidote to Growing Economic Insecurity
One important response to increasing economic insecurity and rights retrenchment is the emerging policy proposal for a Universal Basic Income (UBI). This chapter examines the heritage of this idea in distributive justice debates, and its current uptake in small-scale experiments in India, Finland and Kenya. The UBI may address growing economic insecurity and precariousness, and new challenges brought by global supply chains and automation. Alston…
Much ado about poverty
This article explores the challenges involved for a United Nations Human Rights Council independent expert, or ‘Special Rapporteur’, in investigating and evaluating the situation of people in poverty in a wide range of countries, given the diversity of contexts, factors, and resource availability that inevitably arise. As a case study to illustrate the main issues, the article takes a ‘behind the scenes’ look at the November 2018 visit to the Uni…
The right to social insecurity
In this lecture I use an international human rights law lens through which to look at some of the key trends in current Australian welfare law and policy. In contrast to the focus in the mid-1970s
The Populist Challenge to Human Rights
The nationalistic, xenophobic, misogynistic, and explicitly anti-human rights agenda of many populist political leaders requires human rights proponents to rethink many longstanding assumptions. There is a need to re-evaluate strategies and broaden outreach, while reaffirming the basic principles on which the human rights movement is founded. Amongst the challenges are the need to achieve more effective synergies between international and local h…
Reply to Dudai and Nagaraj
The Transformation of Human Rights Fact-Finding
The transformation of human rights fact-finding
"Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studies and under-theorized. Too little has …
Against a World Court for Human Rights
Too much of the debate about how respect for human rights can be advanced on a global basis currently revolves around crisis situations involving so-called mass atrocity crimes and the possibility of addressing abuse through the use of military force. This preoccupation, as understandable as it is, serves to mask much harder questions of how to deal with what might be termed silent and continuous atrocities, such as gross forms of gender or ethni…
Global Human Rights Monitoring, New Technologies, and the Politics of Information
Antonio Cassese's vision for the future of the international human rights and criminal justice regimes relied critically upon the availability of reliable and systematic sources of information about alleged violations, to be provided primarily by the major international human rights NGOs. But the reality is that the existing system is problematically fragmented, hierarchical, non-collaborative, and excessively shaped by organizational self-intere…
International Human Rights
"The successor to International human rights in context : law, politics and morals."--T.p
Social Rights Jurisprudence
In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and …
The United Nations and Human Rights
Human Rights and DevelopmentTowards Mutual Reinforcement
For several decades after the UN Charter insisted that the promotion of development and human rights were central to post-World War II conceptions of world order, the two fields remained in virtual isolation from one another. Only in the past 15 years or so, with the fall of the Berlin Wall and the realization that freedom and economic well-being are empirically linked, have the professional communities dealing with development and human rights i…
Ships Passing in the Night
The Millennium Development Goals (MDGs) are the most prominent initiative on the global development agenda and have a great deal in common with human rights commitments. But neither the human rights nor development communities has embraced this linkage with enthusiasm or conviction. This article explores the reasons why the two agendas resemble ships passing in the night, even though they are both headed for very similar destinations. The empiric…
The Darfur Commission as a Model for Future Responses to Crisis Situations
The various special procedures so far set up by the Commission on Human Rights (CHR) to investigate serious violations of human rights are very different from what can be achieved by a commission of inquiry. There is almost no comparison in terms of the scale of resources, the expertise mobilized, the amount of detail contained in the Commission's Report, the precision and weight of the legal analysis, and the consequent power of the final produc…
Facing Up to the Complexities of the ILO’s Core Labour Standards Agenda
This article responds to two detailed critiques by Brian Langille and Francis Maupain of an article dealing with the 'transformation of the international labour rights regime' which followed
Resisting the Merger and Acquisition of Human Rights by Trade Law
Petersmann's proposal for the enforcement of human rights through the WTO is presented as though it were simply a logical development of existing policies, rather than representing a radical break with them. In a form of epistemological misappropriation he takes the discourse of international human rights law and uses it to describe something which is in between a Hayekian and an ordoliberal agenda. It is one which has a fundamentally different i…
Charging for Access to International Law Treaty Information
In some respects, the move is a timely response to those academic commentators who have been challenging the validity of strategies seeking to promote universal ratification. For an analysis of some such suggestions in relation to human rights treaties, see Alston, 'Beyond "Them and Us
Towards a Human Rights Accountability Index
The international human rights regime is one of the most important positive legacies to emerge from the twentieth century. The principle of accountability is one of its indispensable characteristics. It is not surprising, then, that the greatest challenge confronting the international community in this domain at the beginning of the twenty-first century is to develop approaches that give substance and meaning to that principle. New initiatives ar…
Adjudicating Constitutional Priorities in a Transnational Context
This article discusses the first two social rights cases to go to the Constitutional Court under the 1996 Constitution. Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) involved a claim of a breach of the right to health care brought by one person pursuant to s 27 of the Bill of Rights. Grootboom v Oostenburg Municipality 2000 (3) BCLR 277 (C) involves a claim of breaches of rights to housing or shelter brought by some 900 per…
The Eu And Human Rights
Abstract For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. Whether in relation to access to Community justice, sex equality, race and disability discrimination, or policing, or in its external policies from Kosovo to China, the Union needs new principles, procedures and institutions to design and implement an effective set of human rights policies. The i…
The Nature and Scope of States Parties' Obligations under the International Covenant on Economic, Social and Cultural Rights
Philip Alston, Gerard Quinn, The Nature and Scope of States Parties' Obligations under the International Covenant on Economic, Social and Cultural Rights, Human Rights Quarterly, Vol. 9, No. 2 (May, 1987), pp. 156-229
Conjuring Up New Human Rights
Writing in 1968, the year of the 20th anniversary of the adoption of the Universal Declaration of Human Rights, Richard Bilder concluded that “in practice, a claim is an international human right if the United Nations General Assembly says it is.” Fifteen years later, as the 35th anniversary is celebrated, the authoritative role that Bilder correctly attributed to the General Assembly is in serious danger of being undermined
The Populist Challenge to Human Rights
The nationalistic, xenophobic, misogynistic, and explicitly anti-human rights agenda of many populist political leaders requires human rights proponents to rethink many longstanding assumptions. There is a need to re-evaluate strategies and broaden outreach, while reaffirming the basic principles on which the human rights movement is founded. Amongst the challenges are the need to achieve more effective synergies between international and local h…
The Best Interests Principle
The ‘universality’ to which international human rights standards aspire has been strongly contested in recent years. Nevertheless, the Convention on the Rights of the Child is likely to achieve near-universal ratification within the next year or two. This analysis uses the Convention, and especially Article 3(1), which incorporates the principle that, in all actions concerning children, ‘the best interests of the child shall be a primary consider…
The International Dimensions of Human Rights
Facing Up to the Complexities of the ILO’s Core Labour Standards Agenda
This article responds to two detailed critiques by Brian Langille and Francis Maupain of an article dealing with the 'transformation of the international labour rights regime' which followed
Resisting the Merger and Acquisition of Human Rights by Trade Law
Petersmann's proposal for the enforcement of human rights through the WTO is presented as though it were simply a logical development of existing policies, rather than representing a radical break with them. In a form of epistemological misappropriation he takes the discourse of international human rights law and uses it to describe something which is in between a Hayekian and an ordoliberal agenda. It is one which has a fundamentally different i…
U.S. Ratification of the Covenant on Economic, Social and Cultural Rights
In January 1989, in the follow-up to the Conference on Security and Co-operation in Europe (the so-called Helsinki process), the United States signed the Vienna Declaration, in which it recognized “that the promotion of economic, social, cultural rights ... is of paramount importance for human dignity and for the attainment of the legitimate aspirations of every individual.” To that end, the United States in signing the declaration undertook, int…
The Myopia of the Handmaidens
State sovereignty is not what it used to be. International lawyers, in particular, are acutely aware of the extent to which many of its characteristics have changed. But sovereignty is largely an abstraction and the developments that have made such an impact upon it are both multi-faceted and complex. For all its shortcomings, the term 'globalization' is now the one most commonly used to describe some of mem. But despite its ubiquity in other dis…
The UN's Human Rights Record
Under the shadow of the tragedy in Bosnia and of the inability of states, acting alone or collectively, to end the continuing gross violations, it is tempting to conclude, in despair, that the United Nations human rights program has entirely failed. But while not denying the all-too-evident shortcomings of international mechanisms in relation to events occurring only a couple of hundred miles away from Vienna, it is nevertheless essential to main…
Labor Rights Provisions in US Trade Law
Examen de la legislation americaine relative aux relations de travail et a l'economie de marche qui caracterisent le modele americain. Necessite selon l'auteur de la mise en place de reformes qui permettraient de donner a la legislation americaine la portee plus internationale qu'elle recherche actuellement
The Unborn Child and Abortion under the Draft Convention on the Rights of the Child
Human Rights
Adjudicating Constitutional Priorities in a Transnational Context
This article discusses the first two social rights cases to go to the Constitutional Court under the 1996 Constitution. Soobramoney v Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) involved a claim of a breach of the right to health care brought by one person pursuant to s 27 of the Bill of Rights. Grootboom v Oostenburg Municipality 2000 (3) BCLR 277 (C) involves a claim of breaches of rights to housing or shelter brought by some 900 per…
Making Economic and Social Rights Count
The right to social insecurity
In this lecture I use an international human rights law lens through which to look at some of the key trends in current Australian welfare law and policy. In contrast to the focus in the mid-1970s
First Session of the UN Committee on Economic, Social and Cultural Rights
The first session of the new United Nations Committee on Economic, Social and Cultural Rights was held in Geneva in March 1987. The Committee was established to assist the Economic and Social Council (ECOSOC) in fulfilling its responsibilities for monitoring states parties’ compliance with their obligations under the International Covenant on Economic, Social and Cultural Rights. The Covenant is assuming increasing importance in view of the renew…
The Right to Food
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Criminalizing Human Rights
The priorities reflected in the overarching system that includes the regimes dealing with international human rights law, international humanitarian law, and international criminal law are currently undergoing a gradual but highly significant transformation. The cause is a growing preoccupation with ‘atrocity crimes’ in each of the three fields, along with the imposition of criminal sanctions in response to an ever increasing range of violations,…
Against a World Court for Human Rights
Too much of the debate about how respect for human rights can be advanced on a global basis currently revolves around crisis situations involving so-called mass atrocity crimes and the possibility of addressing abuse through the use of military force. This preoccupation, as understandable as it is, serves to mask much harder questions of how to deal with what might be termed silent and continuous atrocities, such as gross forms of gender or ethni…
Neither Fish nor Fowl
In March 1997 the first United Nations High Commissioner for Human Rights (HCHR) resigned, after almost three years in office. Assessments of the importance of the post vary greatly. Some have seen it as merely 'a small step forward for human rights', while others have portrayed it as 'symbolizfing] humanity's aspiration to achieve greater dignity for all human beings'. In announcing the appointment of a new HCHR, in June 1997, UN Secretary-Gener…
Second Session of the UN Committee on Economic, Social and Cultural Rights
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The alleged demise of political human rights at the UN
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
International Trade as an Instrument of Positive Human Rights Policy
International human rights policies have long been dominated by an overriding concern with violations of a narrow range of rights rather than focusing on constructive policies for the promotion of respect for the whole range of human rights. As a logical consequence of this preoccupation with curative rather than preventive measures, recent human rights policy discussions have primarily centered around the application of various sanctions. This o…
The International Dimensions of Human Rights
The alleged demise of political human rights at the UN
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Right to Food
Human Rights and the United Nations
Conjuring Up New Human Rights
Writing in 1968, the year of the 20th anniversary of the adoption of the Universal Declaration of Human Rights, Richard Bilder concluded that “in practice, a claim is an international human right if the United Nations General Assembly says it is.” Fifteen years later, as the 35th anniversary is celebrated, the authoritative role that Bilder correctly attributed to the General Assembly is in serious danger of being undermined
The Right to Food
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
The Nature and Scope of States Parties' Obligations under the International Covenant on Economic, Social and Cultural Rights
Philip Alston, Gerard Quinn, The Nature and Scope of States Parties' Obligations under the International Covenant on Economic, Social and Cultural Rights, Human Rights Quarterly, Vol. 9, No. 2 (May, 1987), pp. 156-229
First Session of the UN Committee on Economic, Social and Cultural Rights
The first session of the new United Nations Committee on Economic, Social and Cultural Rights was held in Geneva in March 1987. The Committee was established to assist the Economic and Social Council (ECOSOC) in fulfilling its responsibilities for monitoring states parties’ compliance with their obligations under the International Covenant on Economic, Social and Cultural Rights. The Covenant is assuming increasing importance in view of the renew…
Second Session of the UN Committee on Economic, Social and Cultural Rights
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Unborn Child and Abortion under the Draft Convention on the Rights of the Child
Human Rights
U.S. Ratification of the Covenant on Economic, Social and Cultural Rights
In January 1989, in the follow-up to the Conference on Security and Co-operation in Europe (the so-called Helsinki process), the United States signed the Vienna Declaration, in which it recognized “that the promotion of economic, social, cultural rights ... is of paramount importance for human dignity and for the attainment of the legitimate aspirations of every individual.” To that end, the United States in signing the declaration undertook, int…
The legal basis of a right to peace
The International Dimensions of Human Rights
Labor Rights Provisions in US Trade Law
Examen de la legislation americaine relative aux relations de travail et a l'economie de marche qui caracterisent le modele americain. Necessite selon l'auteur de la mise en place de reformes qui permettraient de donner a la legislation americaine la portee plus internationale qu'elle recherche actuellement
The Best Interests Principle
The ‘universality’ to which international human rights standards aspire has been strongly contested in recent years. Nevertheless, the Convention on the Rights of the Child is likely to achieve near-universal ratification within the next year or two. This analysis uses the Convention, and especially Article 3(1), which incorporates the principle that, in all actions concerning children, ‘the best interests of the child shall be a primary consider…
The UN's Human Rights Record
Under the shadow of the tragedy in Bosnia and of the inability of states, acting alone or collectively, to end the continuing gross violations, it is tempting to conclude, in despair, that the United Nations human rights program has entirely failed. But while not denying the all-too-evident shortcomings of international mechanisms in relation to events occurring only a couple of hundred miles away from Vienna, it is nevertheless essential to main…
The Downside of Post-Cold-War Complexity
Journal Article The Downside of Post-Cold-War Complexity: Comments on Hathaway Get access PHILIP ALSTON PHILIP ALSTON Centre for International and Public Law, Australian National University Search for other works by this author on: Oxford Academic Google Scholar Journal of Refugee Studies, Volume 8, Issue 3, 1995, Pages 302–304, https://doi.org/10.1093/jrs/8.3.302 Published: 01 July 1995
The Myopia of the Handmaidens
State sovereignty is not what it used to be. International lawyers, in particular, are acutely aware of the extent to which many of its characteristics have changed. But sovereignty is largely an abstraction and the developments that have made such an impact upon it are both multi-faceted and complex. For all its shortcomings, the term 'globalization' is now the one most commonly used to describe some of mem. But despite its ubiquity in other dis…
Neither Fish nor Fowl
In March 1997 the first United Nations High Commissioner for Human Rights (HCHR) resigned, after almost three years in office. Assessments of the importance of the post vary greatly. Some have seen it as merely 'a small step forward for human rights', while others have portrayed it as 'symbolizfing] humanity's aspiration to achieve greater dignity for all human beings'. In announcing the appointment of a new HCHR, in June 1997, UN Secretary-Gener…
Making Economic and Social Rights Count
The Eu And Human Rights
Abstract For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. Whether in relation to access to Community justice, sex equality, race and disability discrimination, or policing, or in its external policies from Kosovo to China, the Union needs new principles, procedures and institutions to design and implement an effective set of human rights policies. The i…
The EU and human rights
"For all its achievements in integrating Europe, the EU's human rights policy is not coherent, balanced or professionally organized. The introduction of a single currency, the problems of racism and xenophobia, the need for a humane refugee policy, the growing powers of the EU in many fields, and the Union's imminent eastward expansion, all make it urgent to adopt such policies. In this volume the leading experts in the field, including individua…
Towards a Human Rights Accountability Index
The international human rights regime is one of the most important positive legacies to emerge from the twentieth century. The principle of accountability is one of its indispensable characteristics. It is not surprising, then, that the greatest challenge confronting the international community in this domain at the beginning of the twenty-first century is to develop approaches that give substance and meaning to that principle. New initiatives ar…
Political science (43 obras) · Human rights (36 obras) · Law (32 obras) · Law (31 obras) · Human Rights and Development (29 obras) · Sociology (27 obras) · Law and economics (21 obras) · International Law and Human Rights (20 obras) · International human rights law (12 obras) · Politics (12 obras)