Human Rights in Times of Transition

Edited by Kasey McCall-Smith, School of Law, Andrea Birdsall, School of Social and Political Science and Elisenda Casanas Adam, School of Law, University of Edinburgh, UK

Contents:

1 Human rights, liberal democracies and challenges of
national security 1
Kasey McCall-Smith, Andrea Birdsall and
Elisenda Casanas Adam

PART I HUMAN RIGHTS TRANSITIONS –
THEORETICAL DEBATES AND DOCTRINAL
CHALLENGES
2 Key challenges to human rights in democracies at a time of
transition: Where to now? 16
Francesca Klug
3 The forgotten principle of fraternité : Re-interpreting the
last three articles of the Universal Declaration of Human Rights 41
Yota Negishi
4 Human rights protection and state capacity: The doctrinal
implications of the statist character of international human
rights law 64
Mátyás Bódig

PART II CO-OPTION AND EJECTION OF HUMAN
RIGHTS IN LIBERAL DEMOCRACIES
5 US counterterrorism and the denial of fundamental rights
from torture to fair trial 90
Kasey McCall-Smith
6 Counterterrorism and challenges to human rights:
Justifying drones and targeted killing as acts of self-defence 116
Andrea Birdsall
7 The alleged backlash against human rights: Evidence from
Denmark and the UK 139
Jacques Hartmann and Samuel White

PART III HUMAN RIGHTS AND NATIONAL
SECURITY CHALLENGES BEYOND THE STATE
8 Surveillance measures and the exception of national
security in the case law of the European Court of
Human Rights 165
Pierre Notermans
9 Constructing a right to counterterrorism: Law, politics and
the Security Council 189
Vivek Bhatt
10 Non-state actors that aspire to be states: White spots on the
international human rights protection map? 216
Linda Hamid
11 Reflections on human rights and contemporary challenges
raised by national security discourse 242
Kasey McCall-Smith, Andrea Birdsall and
Elisenda Casanas Adam

Index 255