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 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.

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 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 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

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.

This book brings together a set of contributions that examine the complexities associated with domestic work by highlighting not only the legal issues but also exploring the social, psycho-social, economic, and cultural dimensions of domestic work. The book aims to ignite a collective effort towards ensuring decent work for domestic workers and facilitate a public debate on their rights. It includes discussions on the issue of social justice with special emphasis on invisibilization and undervaluation of domestic work, feminization of domestic work, and recognizes the rights of domestic workers as human rights. The issues covered in this book bridge the gap between legal and social dimensions of domestic work and address the discrimination faced by domestic workers in a holistic manner. Given its scope, the book would appeal to both academics (law as well as social science) and non-academics. It will be a useful tool for teachers, students, practitioners, policy-makers and civil society organizations working for the unorganized sector.

This book narrates the integration of consumer culture into transnational human rights advocacy and explores its political impact. By examining tactics that include benefit concerts, graphic imagery of suffering, and branded outreach campaigns, the book details the evolution of human rights into a mainstream moral cause. Drawing inspiration from the critical theory of the Frankfurt School, the author argues that these strategies are effective in attracting masses of supporters but weaken the viability of human rights by commodifying its practices. Consumer capitalism co-opts the public's moral awakening and transforms its desire for global engagement into components of a lifestyle expressed through market transactions and commercial relationships, rather than political commitments. Reclaiming human rights as a subversive idea can reconnect the practice of human rights with its principles and generate a movement bound to the radical spirit of human rights.

Disability and Disaster adds disaster research to the expanding area of disability studies. The book includes writings by international scholars and first-hand narratives from individuals with disabilities affected by disasters around the globe. Hazards described in these narratives include earthquakes, hurricanes, floods, fires, and war.

This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People's Representative Congress and the characteristics of rule of law specific to China.

In the immediate decades after World War II, the French National Railways (SNCF) was celebrated for its acts of wartime heroism. However, recent debates and litigation have revealed the ways the SNCF worked as an accomplice to the Third Reich and was actively complicit in the deportation of 75,000 Jews and other civilians to death camps. Sarah Federman delves into the interconnected roles-perpetrator, victim, and hero-the company took on during the harrowing years of the Holocaust. Grounded in history and case law, Last Train to Auschwitz traces the SNCF's journey toward accountability in France and the United States, culminating in a multimillion-dollar settlement paid by the French government on behalf of the railways.The poignant and informative testimonies of survivors illuminate the long-term effects of the railroad's impact on individuals, leading the company to make overdue amends. In a time when corporations are increasingly granted the same rights as people, Federman's detailed account demonstrates the obligations businesses have to atone for aiding and abetting governments in committing atrocities. This volume highlights the necessity of corporate integrity and will be essential reading for those called to engage in the difficult work of responding to past harms.

This is the first comprehensive, worldwide bibliography of racism. It contains references on some 135 countries and extends from ancient times to the present. The first part of the work consists of references dealing with single countries. More than 10,000 citations are organized according to country from Afghanistan to Zimbabwe. The second part contains references to areas or regions or to related bibliographies. Some 2,000 non-duplicated citations are provided here. While the vast majority of entries are to English-language materials, a number of German, French, Spanish, and other language items are included as well. The work concludes with an author index and a subject index. Due to the many ways racism manifests itself, this bibliography will be of great value to scholars and students from a variety of disciplines from economics and education to sociology and history.

Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmus and Human Rights Localisation and Individual Agency: From 'Hobby of the Few' to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmus are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com This book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness. This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in human rights law and whether human rights as legal constructs can be effectively translated into better outcomes. This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics. The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students. Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University. Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University. Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University. Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.

The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America. This marked an era darkened by accelerating discrimination against, and intimidation of those asserting rights of freedom of religion, association and speech, and by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. One of which is: Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? This book portrays the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. Second, it implicates prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, it engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.

Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.

Veiled women in the West appear menacing. Their visible invisibility is a cause of obsession. What is beneath the veil more than a woman? This book investigates the preoccupation with the veiled body through the imaging and imagining of Muslim women. It examines the relationship between the body and knowledge through the politics of freedom as grounded in a 'natural' body, in the index of flesh. The impulse to unveil is more than a desire to free the Muslim woman. What lies at the heart of the fantasy of saving the Muslim woman is the West's desire to save itself. The preoccupation with the veiled woman is a defense that preserves neither the object of orientalism nor the difference embodied in women's bodies, but inversely, insists on the corporeal boundaries of the West's mode of knowing and truth-making. The book contends that the imagination of unveiling restores the West's sense of its own power and enables it to intrude where it is 'other' - thus making it the centre and the agent by promising universal freedom, all the while stifling the question of what freedom is.

The essays in this collection investigate two political traditions and their critical interactions. The first series of essays deals with the development of natural rights individualism, some examining its origins in the thought of the seminal political theorist, John Locke, and the influential constitutional theorist, Montesquieu, others the impact of their theories on intellectual leaders during the American Revolution and the Founding era, and still others the culmination of this tradition in the writings of nineteenth-century individualists such as Lysander Spooner. The second series of essays focuses on the Progressive repudiation of natural rights individualism and its far-reaching effect on American politics and public policy.

In the past two decades, feminist politics on prostitution has become more polarised and ideological. On the one hand, those on the radical spectrum of feminist politics have fought long and hard to criminalise sex purchase with the intention of ultimately abolishing prostitution. Other feminists have lobbied the state to recognise and institutionalise sex workers' human rights. The collection is both a critical intervention in and a re-orientation of the schism in contemporary feminist prostitution politics. Contributors will use this schism as a platform from which to challenge current debates, and 'think' an alternative sex worker-centred politics for social justice. By placing sex workers' lived experiences of prostitution at the centre of the conversation, the book rejects the hegemony of neo-abolitionism as the solution to the 'problem' of sex work. The book brings international, trans-disciplinary scholars together to address a rights-based agenda for sex work law and policy and consequently for sex workers' lives. This collection offers an invaluable resource on the subject of how sex workers experience injustices and how we can mitigate this globally through a transformative vision of social justice.

Combining conflict studies and feminist perspectives on everyday violence, this book analyses games and push-backs, which are vectors to migrants' border crossing attempts and violence that aims to deter their journeys at the Bosnian-Croatian border. It questions how these diverse forms of violence are experienced, not treating violence as singular episodes but rather paying attention to how migrants make meaning of it across months and years. The author examines direct violence and its symbiosis with structural harms and questions how these turn into an everyday, concrete, and intimate processes at the border. She also questions who this violence targets, where it takes place, and asks whether and how the dominant assumptions about race and gender impact men's migration journeys. The book will appeal to scholars and postgraduate students interested in issues of migration, violence, masculinities, racialization, the European Union's border governance, and scholar activism.