In this book Lesley Jacobs challenges the view, now prevalent in North America and Western Europe, that the primary function of a nation's social policy should be to provide support only for the poorest people instead of social services accessible to all its citizens. In an interesting and distinctive argument he develops and defends the idea that access to basic rights such as education, health care, adequate housing, and income support can provide a solid moral foundation for redistributive state welfare programmes, maintaining that any nation which purports to take rights to basic liberties seriously must also be fully committed to the principles of the welfare state. Dr Jacob's thesis addresses a pressing political and philosophical problem at the heart of the policies and structure of the modern state.

That American forces should torture prisoners in their “war” on terror is disturbing, but more shocking still is that the highest officials of the Bush-Cheney administration planned, authorized, encouraged, and concealed these war crimes. When the Supreme Court ruled that the officials were bound by the Geneva Conventions, a Republican Congress responded by granting amnesty to all responsible, from lowly interrogators to the president, while conservative judges erected a wall of secrecy to protect them even from civil liability. Meanwhile, timid Democrats have shown little stomach for repealing the amnesty law and bringing those responsible to justice. Many Americans, including those who endorsed torture to find “ticking bombs” that never were, are now embarrassed by credible reports of CIA kidnappings for purposes of torture, secret prisons into which prisoners have disappeared without a trace, and rigged tribunals to convict al Qaeda’s criminals on evidence obtained by torture. But the problem is not just embarrassment; it is the widespread acceptance of unaccountable, secret government that now threatens to destroy the very foundations of constitutional government. The moral standing of the United States will not be restored, Christopher Pyle argues, until a concerted effort is made to bring our secret government under the rule of law.

Provides a broader, more global perspective compared to other volumes which focus more narrowly on a Western-centric viewpoint and examined in post-war isolation. Fully updated volume featuring new material on recent historical and interdisciplinary debates, developments between the world wars, causation, regions such as Africa, and the mix of setbacks and rights expansion during the past fifteen years. Written by a highly-respected author with notable track record, it provides social and political perspectives with a cross-disciplinary appeal.

This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court's creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.

Increasingly, urban actors invoke human rights to address inequalities, combat privatisation, and underline common aspirations, or to protect vested (private) interests. The potential and the pitfalls of these processes are conditioned by the urban, and deeply political. These urban politics of human rights are at the heart of this book. An international line-up of contributors with long-term engagement in this field shed light on these politics in cities on four continents and eight cities, presenting a wealth of empirical detail and disciplinary theoreticalisation perspectives. They analyse the 'city society', the urban actors involved, and the mechanisms of human rights mobilisation. In doing so, they show the commonalities in rights engagement in today's globalised and often deeply unequal cities characterised by urban law, private capital but also communities that rally around concepts as the 'right to the city'. Most importantly, the chapters highlight the conditions under which this mobilisation truly contributes to social justice, be it concerning the simple right to presence, cultural rights, accessible housing or - in times of COVID - health care. Urban Politics of Human Rights provides indispensable reading for anyone with a practical or theoretical interest in the complex, deeply political, and at times also truly promising interrelationship between human rights and the urban. Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This book shows the push and pull effects between resources, human security and conflicts in Africa. It recognizes the need for resources in Africa to be processed into finished goods in order to influence global market and redefine the pattern of trade relations with powerful countries of Asia, America and Europe in shaping the destiny and future of African countries. The achievement of this laudable objective is plagued by the security challenges which are directly or indirectly linked to resource-related conflicts rocking most of the resource endowed countries in the continent, thereby threatening global peace and security. To deal with this menace in the continent, it requires global co-operation and support of foreign governments, international organizations, international non-government organizations, governments of host countries and its citizens. The book presents the cases and experiences of countries that are endowed with resource, as well as have experienced different forms of human insecurity and have witnessed environmental conflicts in its analysis, which make the discourse interesting and quite educating.

This open access book documents and analyses the various interventions - legal, political, and even artistic - that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.

This book offers a comprehensive examination of the many forms of victimization of immigrants, including trafficking in persons for sexual exploitation and forced labor; assaulting, robbing and raping; refusing to pay wages; renting illegal living space that violates health codes; and domestic abuse both in general, and in particular, of mail-order brides. McDonald examines a broad range of quantitative and qualitative data from historical and international sources including the USA, Canada, Mexico, Britain, Australia, France, Germany, Italy, Sweden, the Netherlands, Switzerland, Austria, Poland, and Spain. He writes with a view to correcting myths about the relationship between immigrants and crime, noting that immigrants are more likely to become victims than offenders. The book outlines the multiple forms and contexts in which immigrants are victimized, exploited, and harmed. Reviewing micro- and macro-level victimological and sociological theories as they apply to patterns and forms of immigrants' victimization, this study ultimately seeks to understand reasons for which immigrants are victimized by their own kind, and by persons outside their community.

The Social Practice of Human Rights bridges the conventional scholar-practitioner divide by focusing on the space in between. The volume brings together cutting-edge chapters that together set a new agenda for research, grounded in the practice of critical self-reflection on the strategies that drive communities dedicated to the advocacy and implementation of human rights. The social practice of human rights takes place not in front of a judge, but in the streets and alleys, in the backrooms and out-of-the-way places where change occurs. Contributors to this volume investigate the contexts and efforts of activists and professionals devoted to promoting human rights norms. This research takes as its subject the organizations and movements that shoulder the burden of improving respect for human dignity. It argues that through a constructive critique of these patterns and practices, scholarship can have a positive impact on the political world.

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. It brings together scholars from a range of disciplines This book will appeal to those with interests in minority rights, human rights, nationalism, law, and politics.

This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

This edited volume revisits the idea of the Western Hemisphere. First articulated by Arthur P. Whitaker in 1954 but with origins in the earlier work of Herbert E. Bolton, it is the idea that "the peoples of this Hemisphere stand in a special relationship to one another which sets them apart from the rest of the word" (Whitaker, 1954). For most scholars of US-Latin American relations, this is a curious concept. They often conceptualize US-Latin American relations through the prism of realism and interventionism. While this volume does not deny that the United States has often acted as an imperial power in Latin America, it is unique in that it challenges scholars to re-think their preconceived notions of inter-American relations and explores the possibility of a common international society for the Americas, especially in the realm of international relations. Unlike most volumes on US-Latin American relations, the book develops its argument in an interdisciplinary manner, bringing together different approaches from disciplines including international relations, global and diplomatic history, human rights studies, and cultural and intellectual history.

The book assesses emerging powers' influence on international economic law and analyses whether their rhetoric of reforming this 'unjust' order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of 'Western' States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. 'Third World' rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially - but not only - in the Global South.

'Structural adjustment' has been a central part of the development strategy for the 'third world'. Loans made by the World Bank and the IMF have been conditional on developing countries pursuing rapid economic liberalization programmes as it was believed this would strengthen their economies in the long run. M. Rodwan Abouharb and David Cingranelli argue that, conversely, structural adjustment agreements usually cause increased hardship for the poor, greater civil conflict, and more repression of human rights, therefore resulting in a lower rate of economic development. Greater exposure to structural adjustment has increased the prevalence of anti-government protests, riots and rebellion. It has led to less respect for economic and social rights, physical integrity rights, and worker rights, but more respect for democratic rights. Based on these findings, the authors recommend a human rights-based approach to economic development.

This edited volume seeks to contest prevailing assumptions about torture and to consider why, despite its illegality, torture continues to be widely employed and misrepresented. The resurgence of torture and public justifications of it led to the central questions that this inter-disciplinary volume seeks to address: How is it possible for torture to be practiced when it is legally prohibited? What kinds of moves do agents make that render torture palatable? Why do so many ignore the evidence that torture is ineffective as an intelligence-gathering technique? Who are the victims of torture? The various contributors in the book look to history, the practices of interrogators, artistic representations, documentary films, rendition policies, political campaigns, diplomatic discourses, international legal rules, refugee practices, and cultural representations of death and the body to illuminate how torture becomes permissible. Building from the personal to the communal, and from the practical to the conceptual, the volume reflects the multivalence of torture itself. This framework enables readers at all levels better appreciate how and why torture is open to so many interpretations and applications. This book will be of much interest to students of International Relations, Security Studies, Terrorism Studies, Ethics, and International Legal Studies.

Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.

Comprehensive coverage of a vast sweep of human rights history, including a wide range and balance in the materials selected, offering students and professors a major resource for courses on human rights taught out of a variety of departments, and for related courses (like international law) taught across the IR curriculum in particular. Careful selection and editing of primary documents essential to textual analysis, synthesizing years of research and drawing from hundreds of original sources. Original introductions by the volume editor contextualize major parts and chapters. The Introduction to the complete volume is substantial and a foundational mini-text in its own right. New Questions for Discussion are added to the end of every chapter. All these value-added features help students put the documentary pieces together in the puzzle of human rights history and contemporary challenges to it. New to the Third Edition 60 new readings and documents cover subjects ranging from human rights in the age of globalization and populism, debates of the rights of citizens versus those of refugees and immigrants, transgender rights, the new Jim Crow, and the future of human rights as they relate to digital surveillance, the pandemic, and bioengineering. Part I has been reorganized into three chapters: the Secular Tradition, Asian and African Religions and Traditions, and the Monotheistic Religions. Part V has been significantly updated and expanded with the addition of an entirely new chapter-"Debating the Future of Human Rights." An extensive new online resource includes 62 key human rights documents ranging from the Magna Carta to the United Nations Glasgow Climate Pact.

With original and engaging contributions, this Handbook confirms feminist scholarship in development studies as a vibrant research field. It reveals the diverse ways that feminist theory and practice inform and shape gender analysis and development policies, bridging generations of feminists from different institutions, disciplines and regions.

European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to Article 13 and its directives; it adopts a contextual framework to equality and anti-discrimination law in the European Union. Part I deals with the evolution of Article 13, demographic and social change and the inter-relationship between European Equality Law and Human Rights. Part II contains expert essays on each of the Article 13 anti-discrimination grounds: sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation, with common themes weaving throughout. This book will be of interest to everyone concerned with combating discrimination, academics, NGOs, lawyers, human resource professionals, employers, employees, research students and many others in the European Union and beyond.

This book tells a story of Taiwan's transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan's voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court's introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan's NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan's human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

This book uncovers a historical dependency on smelting activities that has trapped inhabitants of La Oroya, Peru, in a context of systemic lack of freedom. La Oroya has been named one of the most polluted places on the planet by the US Blacksmith Institute. Residents face the dilemma of whether to defend their health or to preserve job stability at the local smelter, the main source of toxic pollution in town. Valencia unpacks this paradoxical human rights trade-off. This context, shaped by social, historical, political, and economic factors, increases people's vulnerabilities and decreases their ability to choose, resulting in residents' trading off their right to health in order to work. This book shows the deep connection of this local dilemma to the country's national paradox, arising out of Peru's vision of natural resource extraction as the main path to secure economic growth for the entire country at the expense of some groups.

Contemporary cosmopolitan moral theorists argue that, in our increasingly interconnected world, all individuals need to recognize that moral duties span state borders, involving responsibilities such as respecting human rights. Such arguments usually focus on the duties of individuals or on reforms for international political and economic institutions. The Cosmopolitan Potential of Exclusive Associations draws attention to how non-state, not-for-profit transnational associations can advance respect for equality in a plurality of less obvious ways. By synthesizing moral theories of cosmopolitanism with international relations scholarship, it is possible to establish criteria for assessing whether and to what extent transnational associations like Medecins sans Frontieres (Doctors without Borders) or the International Olympic Committee cultivate respect for fellow humans and build transnational communities. As these examples show, not all non-state associations have the mission of advocating for human rights. Membership is also not necessarily inclusive of all humanity. Membership criteria exclude based on criteria such as professional expertise, athletic prowess, or certain religious beliefs. As a result, assessing their impact requires looking for partial expressions of cosmopolitanism that arise piecemeal and without self-conscious intention. Rather than defending one version of cosmopolitan theory as more applicable to evaluating the impact of associations, adapting and combining four common approaches to cosmopolitanism-(1) institutional cosmopolitanism, (2) natural duties cosmopolitanism, (3) cultural cosmopolitanism, and (4) deliberative democratic cosmopolitanism-makes it possible to evaluate institutional, developmental, shared-identity, or public-sphere effects of associations. Applying the criteria to associations that do not self-consciously advance cosmopolitanism shows the potential for partial forms of cosmopolitanism. Medecins sans Frontieres, the first case explored, provides emergency medical care across the globe without establishing a transnational community with those it aids. The International Olympic Committee, the second case, brings the world together around global games in which national teams compete against each other. Dissidents in the Anglican Communion, the third case, unite across borders but do so in favor of an interpretation of the Bible that excludes gay men from ordained ministry. Despite non-cosmopolitan elements, each case has lessons about how respect for transnational equality can emerge in subtle ways without self-conscious belief in cosmopolitan moral philosophy.

This fifth volume in the book series on Nuclear Non-Proliferation in International Law focuses on various legal aspects regarding nuclear security and nuclear deterrence. The series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Dean of Law and Professor of International and Comparative Law at the University of Manitoba in Canada; a Bencher of the Law Society of Manitoba; JP and Barrister (England & Wales); Barrister & Solicitor (Manitoba); and Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); and Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

- Integrates broad and comprehensive coverage of human rights and social justice challenges for vulnerable and marginalized populations, including refugees and migrants; persons involved in the criminal justice system; older adults; and groups facing oppression because of their race, culture, ethnicity, sexuality, and/or religion. - Leading scholarly experts in their respected areas (e.g., health and mental health; economic justice; etc.) draw valuable connections between theory and practice and provide case studies to illustrate how concepts apply and appear in real-life settings. - Develops an integrated social justice/human rights theoretical model that can be applied across methods, populations, and fields of practice.

Comprehensive coverage of a vast sweep of human rights history, including a wide range and balance in the materials selected, offering students and professors a major resource for courses on human rights taught out of a variety of departments, and for related courses (like international law) taught across the IR curriculum in particular. Careful selection and editing of primary documents essential to textual analysis, synthesizing years of research and drawing from hundreds of original sources. Original introductions by the volume editor contextualize major parts and chapters. The Introduction to the complete volume is substantial and a foundational mini-text in its own right. New Questions for Discussion are added to the end of every chapter. All these value-added features help students put the documentary pieces together in the puzzle of human rights history and contemporary challenges to it. New to the Third Edition 60 new readings and documents cover subjects ranging from human rights in the age of globalization and populism, debates of the rights of citizens versus those of refugees and immigrants, transgender rights, the new Jim Crow, and the future of human rights as they relate to digital surveillance, the pandemic, and bioengineering. Part I has been reorganized into three chapters: the Secular Tradition, Asian and African Religions and Traditions, and the Monotheistic Religions. Part V has been significantly updated and expanded with the addition of an entirely new chapter-"Debating the Future of Human Rights." An extensive new online resource includes 62 key human rights documents ranging from the Magna Carta to the United Nations Glasgow Climate Pact.