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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
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 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.
This book explores the extent of parallelism and cross-influence between Catholic Social Teaching and the work of the world's oldest human rights institution, the International Labour Organisation (ILO). Sometimes there is a mutual attraction between seeming opposites who in fact share a common goal. This book is about just such an attraction between a secular organisation born of the political desire for peace and justice, and a metaphysical institution much older founded to bring peace and justice on earth. It examines the principles evident in the teachings of the Catholic Church and in the secular philosophy of the ILO; together with the theological basis of the relevant provisions of Catholic Social Teaching and of the socio-political origins and basis of the ILO. The spectrum of labour rights covered in the book extends from the right to press for rights, i.e., collective bargaining, to rights themselves - conditions in work - and on to post-employment rights in the form of social security and pensions. The extent of the parallelism and cross-influence is reviewed from the issue of the Papal Encyclical of Pope Leo XIII Rerum Novarum (1891) and from the founding of the ILO in 1919. This book is intended to appeal to lay, professional and academic alike, and will be of interest to researchers and academics working in the areas of international human rights, theology, comparative philosophy, history and social and political studies. On 4 January 2021 it was granted an Imprimatur by the Roman Catholic Archbishop of Liverpool, Malcolm P. McMahon O.P., meaning that the Catholic Church is satisfied that the book is free of doctrinal or moral error.
This book reveals why the UN is more successful than unilateral great powers in protecting civilians from violence, and focuses on the discourse, development and consequences of UN peacekeeping. Analysing statistics of state fragility and fatalities of violence, it reveals that the UN has managed to save tens of thousands of lives with its peacekeeping: a surprising statistic given the media consensus about the UN's powerlessness and inefficiency. Using computer-assisted discourse analysis of resolutions from the UN Security Council, 1993-2019, the book offers data that describe the character and development of UN approach to the protection of civilians from violence. It then links the data to the statistics of conflict fatalities and state fragility to reveal, by means of qualitative and quantitative analysis, when, where, how and why the UN has been successful at protecting civilians. Two reasons for the UN's success are highlighted in the book as being statistically most significant. First, the organization offers local ownership to peaceful solutions by considering conflicting parties as the primary agents of protection. Second, the UN approach is much less power-oriented than unilateral approaches by the great powers: protection for the UN does not mean deterrence or destruction, but rather, support for local protectors of civilians. However, strong great power influence on such operations tends to weaken UN's ability to save lives. This book will be of much interest to students of humanitarian intervention, peacekeeping, human rights and International Relations in general.
This book demonstrates how a focus on children’s rights can help practitioners to safeguard children during humanitarian crisis. Child Rights in Humanitarian Crisis focuses on understanding and advancing child rights through practical applications of a child rights perspective in crisis response. The book establishes that with accessible, child-friendly participatory means, crisis response can improve from a child rights perspective and even advance children’s rights whilst also supporting and furthering the development of a child’s agency. The volume presents the reader with a clear focus on children from a range of backgrounds, including those most marginalised, such as children with disabilities. Drawing on expertise from the field as well as academia, and providing practical examples which link case studies to legal policies in recent and protracted humanitarian responses, such as in Turkey and at the Lithuania–Belarus border, this book is a treasure trove of advice from some of the humanitarian and development sector’s most experienced professionals. Combining insights from both research and practice, this book will be an essential read for humanitarian students and practitioners.
This book demonstrates how a focus on children’s rights can help practitioners to safeguard children during humanitarian crisis. Child Rights in Humanitarian Crisis focuses on understanding and advancing child rights through practical applications of a child rights perspective in crisis response. The book establishes that with accessible, child-friendly participatory means, crisis response can improve from a child rights perspective and even advance children’s rights whilst also supporting and furthering the development of a child’s agency. The volume presents the reader with a clear focus on children from a range of backgrounds, including those most marginalised, such as children with disabilities. Drawing on expertise from the field as well as academia, and providing practical examples which link case studies to legal policies in recent and protracted humanitarian responses, such as in Turkey and at the Lithuania–Belarus border, this book is a treasure trove of advice from some of the humanitarian and development sector’s most experienced professionals. Combining insights from both research and practice, this book will be an essential read for humanitarian students and practitioners.
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 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.
A moral compass for the use of limited force that draws on the just war thought of Thomas Aquinas One of the most contentious developments in contemporary international relations has been the increased use of limited force. On the one hand, insofar as it signals greater constraint, the shift away from the mechanized slaughter of large-scale warfare toward more calibrated applications of force may be hailed as a step in the right direction. On the other, because uses of limited force appear more compartmentalized and therefore containable, it may encourage states’ more frequent recourse to arms. How, then, are we to make moral sense of this shift toward the small-scale use of force? When are these operations morally justifiable? Limited Force and the Fight for the Just War Tradition offers a moral compass for just war theorists and extends the limited scholarship on jus ad vim (the just use of limited force). Based on a historical approach to just war and case studies, this book provides practical arguments on the question of how the practice of targeted killing and punitive airstrikes should be regulated in order to be morally defensible. Drawing from a historical reading of the just war thought of Thomas Aquinas, Braun demonstrates how classical just war thinking not only helps us grapple with the moral questions of limited force but can also make an important third-way contribution to a field of study that has been engaged in a metaphorical fight about the just war tradition.
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 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.
Cruelty has long been a feature of states' domestic and foreign policies but is seldom acknowledged. Governments mouth respect for human rights yet promote discrimination, violence and suppression of critics. Documenting case studies from around the world, distinguished academic and human rights activist Stuart Rees exposes politicians' cruel motives and the resulting outcomes. Using his first-hand observations and insights from international poets, he argues for courageous action to support non-violence in every aspect of public and private life for the survival of people, animals and the planet.
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.
Cruelty has long been a feature of states' domestic and foreign policies but is seldom acknowledged. Governments mouth respect for human rights yet promote discrimination, violence and suppression of critics. Documenting case studies from around the world, distinguished academic and human rights activist Stuart Rees exposes politicians' cruel motives and the resulting outcomes. Using his first-hand observations and insights from international poets, he argues for courageous action to support non-violence in every aspect of public and private life for the survival of people, animals and the planet.
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.
1. This book contributes to research in the popular area of protest policing. However, unlike other books on the topic, this book considers specific police operational tactics, written by a police insider. 2. Courses on policing are popular at undergraduate, though this will be particularly useful reading for students on a professional policing degree.
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.
How Democracy Survives explores how liberal democracy can better adapt to the planetary challenges of our time by evolving beyond the Westphalian paradigm of the nation state. The authors bring perspectives from Africa, Asia, Europe, Latin America, and North America, their chapters engaging with the concept of transnational democracy by tracing its development in the past, assessing its performance in the present, and considering its potential for survival in this century and beyond. Coming from a wide array of intellectual disciplines and policymaking backgrounds, the authors share a common conviction that our global institutions-both governments and international organizations-must become more resilient, transparent, and democratically accountable in order to address the cascading political, economic, and social crises of this new epoch, such as climate change, mass migration, more frequent and severe natural disasters, and resurgent authoritarianism. This book will be relevant for courses in international relations and political science, environmental politics, and the preservation of democracy and federalism around the world.
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 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.
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 explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.
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. |
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