The teaching of international law, just as many other areas, has been strongly affected by the Internet and its almost unlimited access to most sources of information. The main task that teachers and writers face today is no longer collecting major texts and documents into one handy set. Rather, they need to select the key texts and documents from the immense amount of data available worldwide.

In Texts and Materials On International Human Rights, Rhona K. M. Smith does exactly that: makes a thoughtful selection of documentation illustrating the major subjects of the area. The textbook is addressed to undergraduate students and other beginners. As such, it is very well written: the level of technical language is minimal; there is much attention paid to the topics that might be particularly attractive to contemporary students; and the main subjects are presented in fifteen chapters fitting a one semester introductory course. The author regularly asks questions not only reviewing previous materials but inspiring independent thinking as well.

The editorial organization of the volume is done accordingly: there is a helpful subject index, tables of national legislations, treaties and instruments, even specific cases and particular articles in major documents; readers receive effective practical guidance to official sources, further readings, and useful websites. (Unfortunately, there are some editorial mishaps too. For instance, Chapter 5 "Implementing International Human Rights Law" is listed in the Contents under another title. Apparently, editors missed some significant changes made in later drafts.) Overall, the textbook is well prepared to become a very useful tool of college education.

Smith's book is one of several recent handbooks on international human rights; International Human Rights in a Nutshell by Buergenthal, Shelton, and Stewart (3rd ed, 2002), Introduction to the International Human Rights Regime by Nowak (2004), and International Human Rights in Context — Law Politics Morals by Steiner and Alston (3rd ed due 2006) are among the most notable ones. All these books demonstrate that in the world of global terrorism, genocide, massive migrations, and economic exploitation the problem of human rights becomes not only international but also interdisciplinary. The students of international law must not only learn about the legal articulation of human rights and their organizational establishment but also comprehensively understand their moral foundations, cultural contexts, historical roots, and philosophical justifications. An introductory presentation of human rights needs to present not only what they are, who established, and signed them but also why and how they were established, what values they represent, when and why they can be effective in some contexts but not others, and so forth.

Unfortunately, Rhona K. M. Smith decides to stay within a relatively narrow approach typical to legal scholars: "Human rights are thus viewed herein as creatures of international law, norms created according to international law and traditions" (1). She focuses on the letter of law, its form and formal sources, while leaving aside the moral, historical, ideological, and cultural aspects of legal principles. It is a significant fault because of a couple of reasons.

First, the moral or philosophical sense of human rights is usually independent from established laws, hence they have sometimes remained in opposition to the letter of law and its official enforcement. Rights are based on the systems of moral values, religious beliefs, political ideologies, and philosophical ideas. As such, to put it bluntly, human rights are sometimes essentially illegal and can make people rebel against the established laws. Since at least John Locke, political thinkers have indicated that natural rights protect individual human beings against governmental wrongdoing. That applies, for instance, to such international human rights as right to life and freedom of belief that are asserted independently of charters or conventions. Contrary to Smith, human rights are not "creatures of international law." One can actually put it the other way round: human rights determine and create international laws. The moral force of international human rights explains why these laws are established and how they can be made legitimate.

Second, the efficacy of law, international law in particular, is closely related to its moral foundations. In fact, according to some legal theorists, international law remains a form of morality since there is no international sovereign authority to enforce it. The undervaluation of the foundations of human rights makes it difficult to Smith to explain the (in)effectiveness of some international conventions and treaties. Without the proper understanding of the moral and cultural background of international human rights it is hard to explain why some countries respect international conventions while others do not. Of course, there are many local and circumstantial causes of the growing approval of international human rights but some deep moral factors are always there. The belief in human dignity, freedom, justice, and other moral values makes international agreements possible and effective. The introductory students of international human rights should learn more about that significant fact.

© 2007 Waldemar Hanasz

Waldemar Hanasz is Assistant Professor of Philosophy at the University of Massachusetts, Lowell. His main areas of interest are political philosophy and the history of political and economic thought. He has published articles and reviews in Social Philosophy and Policy, Human Rights Review, American Political Science Review, Interpretation, and elsewhere. He is also Assistant Editor of The Philosopher's Index.

Categories: Ethics