I. Three Basic rights

An expanded and updated edition of a classic work on human rights and global justice Since its original publication, Basic Rights has proven increasingly influential to those working in political philosophy, human rights, global justice, and the ethics of international relations and foreign policy, particularly in debates regarding foreign policy’s role in alleviating global poverty. Henry Shue asks: Which human rights ought to be the first honored and the last sacrificed? Shue argues that subsistence rights, along with security rights and liberty rights, serve as the ground of all other human rights. This classic work, now available in a thoroughly updated fortieth-anniversary edition, includes a substantial new chapter by the author examining how the accelerating transformation of our climate progressively undermines the bases of subsistence like sufficient water, affordable food, and housing safe from forest-fires and sea-level rise. Climate change threatens basic rights.

Politically, as well as philosophically, concerns with human rights have permeated many of the most important debates on social justice worldwide for fully a half-century. Henry Shue's 1980 book on Basic Rights proved to be a pioneering contribution to those debates, and one that continues to elicit both critical and constructive comment. Global Basic Rights brings together many of the most influential contemporary writers in political philosophy and international relations - Charles Beitz, Robert Goodin, Christian Reus-Smit, Andrew Hurrell, Judith Lichtenberg, Elizabeth Ashford, Thomas Pogge, Neta Crawford, Richard Miller, David Luban, Jeremy Waldron and Simon Caney- to explore some of the most challenging theoretical and practical questions that Shue's work provokes. These range from the question of the responsibilities of the global rich to redress severe poverty to the permissibility of using torture to gain information to fight international terrorism. The contributors explore the continuing value of the idea of "basic rights" in understanding moral challenges as diverse as child labor and global climate change.

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The re-issuance of this venerable title, unveils this work to a new generation of scholars, students, and practitioners of international law and human rights.

The notion of “human rights” is widely used in political and moral discussions. The core idea, that all human beings have some inalienable basic rights, is appealing and has an eminently practical function: It allows moral criticism of various wrongs and calls for action in order to prevent them. On the other hand it is unclear what exactly a human right is. Human rights lack a convincing conceptual foundation that would be able to compel the wrong-doer to accept human rights claims as well-founded. Hence the practical function faces theoretical doubts. The present collection takes up the tension between the wide political use of human rights claims and the intellectual skepticism about them. In particular two major issues are identified that call for conceptual clarification in order to better understand human rights claims both in theory and in practice: the question of how to justify human rights and the tension between universal normative claims and particular moralities.