This book examines the practice of transitional justice in the Solomon Islands from the period of the 'The Tensions' to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous-at times incompatible-approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.

This book explores the human right to housing, presenting the findings of a global discourse analysis to analyse the right to housing from the perspective of theories on land policy and social citizenship. The book concludes that planners and policy makers will not be able to completely fulfil the human right to housing. For that reason, the book presents a theory of de-commodification of land use that highlights the meaning of land use rights for people affected by inadequate housing. Students and scholars across a range of disciplines, including social policy, global social policy, human rights law, discourse theory, and sociology will find this study of interest.

Current political discourse emphasizes the globalized nature of security threats, and focusing on Latin America, this book identifies local complexities of Human Security. From Human to Post Human Security in Latin America provides a fresh look to some acute problems regarding human security in Latin America: human rights and dignity, water, food and health insecurities. These problems are persistent and constitute human security threats in the near future. In this book, each chapter studies a critical social problem in Latin America and analyzes it from the human security perspective, providing examples that illustrate the critical state in which Latin America is found regarding environmental security and providing a comparative perspective to give a wider view of these issues. Now security threats are truly global; given the limits of the international community and the nation state to solve these issues, it is necessary to revisit the most acute problems that the planet faces from a more comprehensive perspective. This is essential reading for professionals in the field of policy making, practitioners with a need of a conceptual support, and those interested in human security in Latin America from a Latin American perspective.

This book takes a distinctive and innovative approach to a relatively under-explored question, namely: Why do we have human rights? Much political discourse simply proceeds from the idea that humans have rights because they are human without seriously interrogating this notion. Egalitarian Rights Recognition offers an account of how human rights are created and how they may be seen to be legitimate: rights are created through social recognition. By combining readings of 19th Century English philosopher T.H. Green with 20th Century political theorist Hannah Arendt, the author constructs a new theory of the social recognition of rights. He challenges both the standard 'natural rights' approach and also the main accounts of the social recognition of rights which tend to portray social recognition as settled norms or established ways of acting. In contrast, Hann puts forward a 10-point account of the dynamic and contingent social recognition of human rights, which emphasises the importance of meaningful socio-economic equality.

In a thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court since the original publication of this book, Jo M. Pasqualucci provides a comprehensive critique that is at once scholarly yet practical. She analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction, and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice, and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the numerous new judgments, provisional measures, and orders adopted by the Court, this book will provide an important and updated resource for scholars, practitioners, and students of international human rights law.

This book challenges the received scholarship on the origins of the African Charter on Human and Peoples' Rights. The author applies economic and social theory to understanding the African Commission's dynamic treaty interpretation, and the Commission's strategic manipulation of the Rules of Procedure to strengthen the African human rights system.

Human rights in peace and development are accepted throughout the Global South as established, normative, and beyond debate. Only in the powerful elite sectors of the Global North have these rights been resisted and refuted. The policies and interests of these global forces are antithetical to advancing human rights, ending global poverty, and respecting the sovereign integrity of States and governments throughout the Global South. The link between poverty, war, and environmental degradation has become evident over the last 60 years, further augmenting international consciousness of these issues as interconnected with the rest of the human rights corpus. This book examines the history of this struggle and outlines practical means to implement these rights through a global framework of constitutional protections. Within this emerging framework, it argues that States will be increasingly obligated to formulate policies and programs to achieve peace and development throughout the global society.

New York Times Bestseller How far are Americans willing to go to force each other to fall in line? According to the establishment media, the intelligentsia, and our political chattering class, the greatest threat to American freedom lies in right-wing authoritarianism. We've heard that some 75 million Americans who voted for Donald Trump represent the rise of American fascism; that conservatives have allowed authoritarianism to bloom in their midst, creating a grave danger for the republic. But what if the true authoritarian threat to America doesn't come from the political right, but from the supposedly anti-fascist left? There are certainly totalitarians on the political right. But statistically, they represent a fringe movement with little institutional clout. The authoritarian left, meanwhile, is ascendant in nearly every area of American life. A small number of leftists-college-educated, coastal, and uncompromising-have not just taken over the Democratic Party but our corporations, our universities, our scientific establishment, our cultural institutions. And they have used their newfound power to silence their opposition. The authoritarian Left is aggressively insistent that everyone must conform to its values, demanding submission and conformity. The dogmatic Left is obsessed with putting people in categories and changing human nature. Everyone who opposes it must be destroyed. Ben Shapiro looks at everything from pop culture to the Frankfurt school, social media to the Founding Fathers, to explain the origins of our turn to tyranny, and why so many seem blind to it. More than a catalog of bad actors and intemperate acts, The Authoritarian Moment lays bare the intolerance and rigidity creeping into all American ideology - and prescribes the solution to ending the authoritarianism that threatens our future.

This book offers a materialist critique of mainstream human rights discourse in the period following 9/11, examining literary works, critical histories, international declarations, government statutes, NGO manifestos, and a documentary film. The author points out some of the contradictions that emerge in contemporary rights language when material relations are not sufficiently perceived or acknowledged, and he directs attention to the role of some rights talk in maintaining and managing the accelerated global project of capital accumulation. Even as rights discourse points to injustices-for example, injustices related to labor, gender, the citizen's relationship to the state, or the movement of refugees-it can simultaneously maintain systems of oppression. By constructing subjects who are aligned to the interests of capital, by emphasizing individual "empowerment," and/or by containing social disenchantment, it reinforces the process of wealth accumulation, supports neoliberal ideologies, and diminishes the possibility of real transformation through collective struggle.

This book examines the global campaign to end hunger and malnutrition. Focus is placed on the work of the United Nations which has led international efforts to improve food security in the world's poorest countries. The book first reviews the long-term project to establish access to safe, sufficient, and nutritious food as a universally recognized human right. This is followed by separate chapters that examine the nature and central causes of food insecurity in Latin America, Africa, the Middle East, and Asia. These chapters also review the contemporary work of three United Nations agencies - the World Food Programme, Food and Agriculture Organization, and International Fund for Agricultural Development - in providing both food aid and food assistance to each region of the developing world. This includes the provision of emergency food aid in response to natural disaster and civil conflict, as well as longer-term food assistance to promote agricultural productivity, advance rural development, and preserve natural environments. The concluding chapter considers ways to strengthen food aid and assistance in the years to come, with many of the recommendations advanced reflecting lessons learned from the actual experience of food aid and assistance described in this book.

This study adds to the small but growing literature on Black health history--the rise of hospital care and hospital services provided to Blacks from the antebellum era to the integration era, a period of some 150 years. The work examines the political, policy, legal, and philanthropic forces that helped to define the rise, development, and decline of Black hospitals in the United States. Particular discussion is given to the federal Hill-Burton Act of 1946 and the extent to which the legislation impacted Black hospital development. The roles of the Freedman's Bureau, National Medical Association, National Hospital Association, and the U.S. Commission on Civil Rights in the development of Black hospitals is highlighted.

This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law.

This volume investigates the nature and changing roles of the non-state armed groups in the Middle East with a special focus on Kurdish, Shia and Islamic State groups. To understand the nature of transformation in the Middle Eastern geopolitical space, it provides new empirical and analytical insights into the impact of three prominent actors, namely ISIS, YPG and Shia Militias. With its distinctive detailed and multi-faceted analyses, it offers new findings on the changing contours of sovereignty, geopolitics and ideology, particularly after the Arab Uprisings. Overall this volume contributes to the study of violent geopolitics, critical security studies and international relations particularly by exploring the ideologies and strategies of the new non-state armed actors.

This book builds a compelling picture of injustices inside immigration detention centers, within the context of the rise of the use of immigration detention in the Global North. The author presents the rarely heard voices of refugees, bringing their perspectives to light and personalising and humanising a global political issue. Based on in-depth interviews with formerly detained refugees who were involved in a wide range of protests, such as sit-ins and non-compliance, hunger strikes, lip sewing, escapes and riots, Human Rights, Refugee Protest and Immigration Detention presents a comprehensive insight into immigration detention and protest. Drawing on the work of Michel Foucault and Hannah Arendt, the book challenges contemporary human rights discourses which institutionalise power and will be a must-read for scholars, advocates and policymakers engaged in debates about immigration detention and forced migration.

Historians generally portray the 1950s as a conservative era when anticommunism and the Cold War subverted domestic reform, crushed political dissent, and ended liberal dreams of social democracy. These years, historians tell us, represented a turn to the right, a negation of New Deal liberalism, an end to reform. Jennifer A. Delton argues that, far from subverting the New Deal state, anticommunism and the Cold War enabled, fulfilled, and even surpassed the New Deal's reform agenda. Anticommunism solidified liberal political power and the Cold War justified liberal goals such as jobs creation, corporate regulation, economic redevelopment, and civil rights. She shows how despite President Eisenhower's professed conservativism, he maintained the highest tax rates in US history, expanded New Deal programs, and supported major civil rights reforms.

This open access book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation. Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character. Winner of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Birmingham.

This book deals with the phenomenon of conflict-related reproductive violence and explores the international legal framework's capacity to respond to it. The international discourse on gender-based violence in conflicts tends to focus on sexualized crimes, which leads to incomplete narratives of the gendered dimensions of armed conflicts. In particular, international law has often remained silent on conflict-related violence affecting or aimed at the victim's reproductive system. The author conceptualizes reproductive violence as a distinct manifestation of gender-based violence and a violation of reproductive autonomy. The analysis explores the historical approaches to reproductive violence and evaluates the current potentials of international criminal law for its prosecution as genocide, crimes against humanity, and war crimes. In this regard, it also develops proposals for a gender-sensitive interpretation of the existing legal framework as well as possible amendments to it. The book is aimed at researchers and practitioners in the fields of international criminal justice and international human rights law with an interest in gender perspectives on international law, sexualized and gender-based violence, and the discourse on reproductive human rights. Tanja Altunjan is a former researcher at Humboldt-Universitat zu Berlin where she obtained her doctoral degree in criminal law.

This book discusses voting procedures in collective decision-making. Drawing on well-established election processes from all over the world, the author presents a voting procedure that allows for the speedy but fair election of a proportional, all-party coalition. The methodology - a matrix vote - is accurate, robust and ethno-color blind. In the vote, the counting procedure encourages all concerned to cross the gender as well as any party and/or sectarian divides. While in the resulting executive each party will be represented fairly and, at best, with the consensus of parliament, every minister will be the one most suited to his/her new portfolio. By using preferential voting and thus achieving consensus, the matrix vote will be fundamental to the resolution of conflicts. The matrix vote can also be used when: * two or more parliamentary parties elect a coalition government * one parliamentary party elects a government or shadow cabinet, or organizations in civil society elect their governing boards or executive committees * any group chooses a fixed number of individuals to form a team in which each member carries out a different function

Now more than ever, "recognition" represents a critical concept for social movements, both as a strategic tool and an important policy aim. While the subject's theoretical and empirical dimensions have usually been studied separately, this interdisciplinary collection focuses on both to examine the pursuit of recognition against a transnational backdrop. With a special emphasis on the efforts of women's and Jewish organizations in 20th-century Europe, the studies collected here show how recognition can be meaningfully understood in historical-analytical terms, while demonstrating the extent to which transnationalization determines a movement's reach and effectiveness.

Goler Teal Butcher (1925-93), a towering figure in international human rights law, was a scholar and advocate who advanced an intersectional approach to human empowerment influenced by Black women's intellectual traditions. Practical Audacity follows the stories of fourteen women whose work honors and furthers Butcher's legacy. Their multilayered and sophisticated contributions have critically reshaped human rights scholarship and activism-including their major role in developing critical race feminism, community-based applications, and expanding the boundaries of human rights discourse. Stanlie M. James weaves narratives by and about these women throughout the history of the field, illustrating how they conceptualize, develop, and implement human rights. By centering the courage and innovative interventions of capable and visionary Black women, she places them rightfully alongside such figures as Thurgood Marshall and Charles Hamilton Houston. This volume fundamentally shifts the frame through which human rights struggles are understood, illuminating how those who witness and experience oppression have made some of the biggest contributions to building a better world.

Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies - reflecting the three main branches of international economic law: trade, investment and currency - to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether - analogously to the prohibition of the threat or use of force - these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.

This book examines how the cultural and ethical power of literature allowed writers and readers to reflect on the practice of capital punishment in the UK, Ireland and the US between 1890 and 1950. It explores how connections between 'high' and 'popular' culture seem particularly inextricable where the death penalty is at stake, analysing a range of forms including major works of canonical literature, detective fiction, plays, polemics, criminological and psychoanalytic tracts and letters and memoirs. The book addresses conceptual understandings of the modern death penalty, including themes such as confession, the gothic, life-writing and the human-animal binary. It also discusses the role of conflict in shaping the representation of capital punishment, including chapters on the Easter Rising, on World War I, on colonial and quasi-colonial conflict and on World War II. Ebury's overall approach aims to improve our understanding of the centrality of the death penalty and the role it played in major twentieth century literary movements and historical events.

This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state-centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

Through the life of one extraordinary man, this biography reveals what the term human rights meant to the men and women who endured two world wars, and how this major political and intellectual movement ultimately inspired and enshrined the Universal Declaration of Human Rights. Rene Cassin was a man of his generation, committed to moving from war to peace through international law, and whose work won him the Nobel Peace Prize in 1968. His life crossed all the major events of the first seventy years of the twentieth century, and illustrates the hopes, aspirations, failures and achievements of an entire generation. It shows how today's human rights regimes emerged from the First World War as a pacifist response to that catastrophe and how, after 1945, human rights became a way to go beyond the dangers of absolute state sovereignty, helping to create today's European project.

How does the Israeli criminal justice system treat its most significant minority group-the Arabs? This book explores the functioning of Israel's criminal justice system in the context of the volatile relationship between Jews and Arabs in Israel and the conflict between Jews and the Palestinians of the occupied territories. Examining decisions at each juncture of the system, the authors study the question of whether the system treats Arabs fairly and equally or discriminates against them. Aware of the potentially volatile nature of the subject, the authors have taken care to make the book methodologically sound and their findings level-headed. Their study shows that despite legislative efforts to protect minority rights and treat all citizens as equals, these goals are not always achieved. Arabs are treated differently in the criminal justice system.