Jacek Kurczewski synthesizes empirical evidence and theoretical analysis of the transition to democracy and the rule of law to demonstrate the resurrection of rights in Poland. He raises the question of whether the Polish experience was unique, or if it was merely a manifestation of the common problems affecting most Eastern European societies in the last quarter of the twentieth century. From a detailed analysis of day-to-day rule-making to the study of internal democracy within Solidarity, the author makes a compelling case for the role of deep-rooted social values and the rise of a middle class in bringing about the transformation of Polish society.

An estimated one million Armenians were killed in the dying days of the Ottoman Empire in 1915. Against the backdrop of World War I, reports of massacre, atrocity, genocide and exile sparked the largest global humanitarian response up to that date. Britain and its empire - the most powerful internationalist institutional force at the time - played a key role in determining the global response to these events. This book considers the first attempt to intervene on behalf of the victims of the massacres and to prosecute those responsible for 'crimes against humanity' using newly uncovered archival material. It looks at those who attempted to stop the violence and to prosecute the Ottoman perpetrators of the atrocities. In the process it explores why the Armenian question emerged as one of the most popular humanitarian causes in British society, capturing the imagination of philanthropists, politicians and the press. For liberals, it was seen as the embodiment of the humanitarian ideals espoused by their former leader (and four-time Prime Minister), W.E. Gladstone. For conservatives, as articulated most clearly by Winston Churchill, it proved a test case for British imperial power. In looking at the British response to the events in Anatolia, Michelle Tusan provides a new perspective on the genocide and sheds light on one of the first ever international humanitarian campaigns.

This book presents the first cross-regional analysis of post-transitional justice periods and the conditions that influence states' behaviors. Specifically, the book examines why states that adopt and ostensibly implement transitional justice norms as policies-criminal prosecutions, reparations policies, and truth commissions-fail to follow through with their recommendations. Applying these perspectives to a comparative study of states from Latin America and East Asia-namely, Peru, Uruguay, and South Korea-which accepted and implemented transitional justice norms but took different trajectories of behavior after the implementation of policies, this book contributes to understanding the relationship of norm influence on states and why states change in compliance after norm adoption. The book explores the conditions that contribute or limit the continued respect for transitional justice norms, emphasizing the political interests and transnational advocacy networks' roles in affecting states' policies of addressing past abuses.

Refugees and migration are not a new story in the history of humankind, but in the last few years, against a backdrop of huge numbers of migrants, especially from war-torn countries, they have again been a topic of intensive and contentious discussion in politics, the media and scientific publications. Two United Nations framework declarations on the sustainable development goals and on refugees and migrants adopted in 2016 have prompted the editors - who have a background in international criminology - to invite 60 contributors from different countries to contribute their expertise on civic education aspects of the refugee and migrant crisis in the Global North and South. Comprising 35 articles, this book presents an overview of the interdisciplinary issues involved in irregular migration around the world. It is intended for educationists, educators, diplomats, those working in mass media, decision-makers, criminologists and other specialists faced with questions involving refugees and migrants as well as those interested in improving the prospects of orderly, safe, regular and responsible migration in the context of promoting peaceful and inclusive societies for sustainable development. Rather than a timeline for migration policies based on "now", with states focusing on "stopping migration now", "sending back migrants now" or "bringing in technicians or low-skilled migrant workers now", there should be a long-term strategy for multicultural integration and economic assimilation. This book, prefaced by Francois Crepeau, the United Nations Special Rapporteur on the human rights of migrants, and William Lacy Swing, Director-General of the International Organization for Migration, addresses the question of the rights and responsibilities involved in migration from the academic and practical perspectives of experts in the field of social sciences and welfare, and charts the way forward to 2030 and beyond, and also beyond the paradigm of political correctness.

A wide range of issues besieges women globally, including economic exploitation, sexist oppression, racial, ethnic, and caste oppression, and cultural imperialism. This book builds a feminist social justice framework from practices of women's activism in India to understand and work to overcome these injustices. The feminist social justice framework provides an alternative to mainstream philosophical frameworks that promote global gender justice: for example, universal human rights, economic projects such as microfinance, and cosmopolitanism. McLaren demonstrates that these frameworks are bound by a commitment to individualism and an abstract sense of universalism that belies their root neo-liberalism. Arguing that these frameworks emphasize individualism over interdependence, similarity over diversity, and individual success over collective capacity, McLaren draws on the work of Rabindranath Tagore to develop the concept of relational cosmopolitanism. Relational cosmopolitanism prioritizes our connections while, crucially, acknowledging the reality of power differences. Extending Iris Young's theory of political responsibility, McLaren shows how Fair Trade connects to the economic solidarity movement. The Self-Employed Women's Association and MarketPlace India empower women through access to livelihoods as well as fostering leadership capabilities that allow them to challenge structural injustice through political and social activism. Their struggles to resist economic exploitation and gender oppression through collective action show the vital importance of challenging individualist approaches to achieving gender justice. The book is a rallying call for a shift in our thinking and practice towards re-imagining the possibilities for justice from a relational framework, from independence to interdependence, from identity to intersectionality, and from interest to socio-political imagination.

This book intertwines two major themes in contemporary legal theory - the concepts of human dignity and the problem of the autonomy and limits of the law - while also addressing two other key aspects - the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law's aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive "bio-ethical" issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

This book critically explores how police power manifested beyond criminal law into the field of public health during the pandemic. Whilst people were engaged with anti-police violence protests, particularly in the US, they were being policed openly and notoriously by the government and medical science in the public health arena. The book explores how public health policing might be an abuse of constitutional power and encourages the abolition question to be applied consistently to the state's discourse in the area of public health, as black people the world over continue to bear a disproportionate cost burden for public health policies. The chapters explore contemporary policing in terms of the historical context of slavery, the growth of the police and prison abolition movement and how this should be applied more widely, and how police power operates throughout society beyond the criminal justice system, in finance, technology, housing, education, and in medicine and health science. It seeks to re-examine our relationship to health sovereignty and the police power more fundamentally. It provides insights into the convergence of policing and social control of humans and argues that the most normative response is abolition.

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 Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasises the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

The Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasises the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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.

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.

Nishikawa explores how international norms have been adopted in the local context in Myanmar to project a certain international image, while in fact the authorities are exploiting these norms to protect their own interests. In the liberal international world order promoted since the end of the Cold War, democracy, rule of law and human rights have become key components in state and peace-building around the world. Many donor governments and international organisations have promoted them in their aid and assistance. However, the promotion of these international norms is based on a flawed understanding of sovereignty and the world. For this reason, the enforcement of these international norms in Myanmar not only fails to protect vulnerable people but also, in some instances, exacerbates the situation, thereby generating critical insecurity to the most vulnerable people. A vital resource for scholars of Myanmar's politics, as well as a valuable case study for International Relations scholars more broadly.

This book draws on the experiences of the indigenous movement in Myanmar to explore how the local construction of indigenous identities connects communities to global mechanisms for addressing human rights and environmental issues. Various communities in Myanmar have increasingly adapted international discourses of indigenous identity as a vehicle to access international legal mechanisms to address their human rights and environmental grievances against the Myanmar state. Such exercise of global discourses overlays historical endemic struggles of diverse peoples involving intersectional issues of self- determination, cultural survival, and control over natural resources. This book draws implications for the intersectionality of local and global theoretical discourses of indigeneity, human rights, and environment. It uses such implications to identify attendant issues for the aspirations of international human rights and environmental efforts and the practice of their associated international legal mechanisms. This book informs readers of the agency and capabilities of communities in underdeveloped countries to engage different global mechanisms to address local grievances against their states. Readers will develop a more critical understanding of the issues posed by the local construction of indigeneity for the ideals and practice of international efforts regarding human rights and the environment. This book will be of great interest to students and scholars of indigenous studies, human rights, international law, Asian studies, development studies, and the environment.

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.

Gender and Human Rights in a Global, Mobile Era delves into feminist debates surrounding the relationship between gender and human rights through engaging feminist perspectives on the multifaceted issue of human trafficking. Building on analyses of domestic servitude, commercial sex, and labor trafficking by military contractors, and grounded in intersectional feminist cosmopolitanism and feminist theorizing on vulnerability, precarity, and ethical interdependence, Laura Hebert makes several interrelated contributions. As she explores how a feminist gender analysis illuminates the structures and norms enabling trafficking, Hebert simultaneously considers the future of feminist rights advocacy. Emphasizing the sociality of human rights, she encourages feminist scholars and activists to look beyond states as the duty-bearers of human rights and the assumption that human rights are made meaningful mainly through the establishment of legal rights at the national level. She challenges the idea that "feminism" can be reduced to advocacy on behalf of women's rights. She also encourages critical reflection on how divisions associated with feminist politics have impeded opportunities for the building of feminist solidarities across differences aimed at the realization of the human rights of all. Strongly interdisciplinary, Gender and Human Rights in a Global, Mobile Era will be of interest to students and scholars throughout the social sciences and humanities.

This volume takes stock of the seminal contribution of Charles Beitz to the so-called "political turn" in the philosophy of human rights, whose origins are in the work of the late Rawls. In his already classic book The Idea of Human Rights (2009), Beitz proposes that human rights are better understood from the vantage point of their practice in the contemporary world. Instead of looking at these rights as legal and political instantiations of fully justified moral rights, Beitz reconstructs the idea of human rights as being part of a global discursive practice that can only be understood in the framework of the international system of states in which we live. In this system of interdependent states, with the consequent dispersion of political authority, human rights constitute an array of internal justifications and criticisms, rather than a blueprint of the ideal society. All the chapters in this volume draw on these fundamental ideas elaborated by Beitz and propose to extend them further in their connection with humanistic accounts of human rights, with the plurality of contexts in which the practice of human rights takes place, and finally, with the interconnections between these rights and global justice or intergenerational justice. The chapters in this book were originally published as a special issue of Critical Review of International Social and Political Philosophy.

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 investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years' rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no "one size fits all" mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punishegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia's legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa.

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.

The main theme of this volume of the Yearbook of International Humanitarian Law is weapons law. In several chapters, how International Humanitarian Law (IHL) copes with old and new weapons as well as political developments in regard to military technology is discussed, while in two chapters the significance of non- or less-lethal weapons in peace-keeping and law enforcement operations as well as the legality of lethal autonomous weapon systems under IHL are analysed. Moreover, the volume describes the current status of nuclear deterrence under international law. Another layer is added by examining how IHL influences the programming of automatic target recognition systems using artificial intelligence. The second part of the book contains a historic perspective on the roots of IHL in Europe, which can be traced back to the ninth century, as well as a Year in Review describing the most important events and legal developments in the area of IHL that took place in 2018. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

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.

Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. This book argues that the universality of basic human rights is one of the values of the concept of rights. It points out the risk of a certain "inflation" caused by the current habit of talking so much and so often about human rights and of using them as a basis for claims of various kinds. These rights, their understanding and interpretation may need to become more "purist" to ensure that universal human rights as a concept survive.

Another chapter concentrates on the analysis of the frames of "EU protected human rights" from the perspective of effective implementation.

Further, the book not only deals with the complicated relations between the EU and international law, but also seeks to show the horizontal effect. To that end, the fears and hopes of the member states and interest groups are categorized and commented on.

Lastly, the gaps in theory and practice are addressed, current trends related to implementation are pointed out, and suggestions are made concerning how to make the best out of the Charter.

The text underscores the equality and universality of human rights by applying the human rights framework to cases representing all regions of the world and countries at all stages of economic development-including comparative cases on juvenile justice in the US, persecution of Muslims in China, the Flint, MI water crisis, ISIS and sexual assault of Yazidi women, genocide, human trafficking, truth and reconciliation in South Africa and Greensboro, NC. It captures the contested and dynamic nature of human rights change by focusing on the human rights claims made by human rights defenders. It demonstrates to an American undergraduate audience how to put theory into practice by using contemporary American political problems as examples and by including a guide to campus- and community-based advocacy-a human rights toolkit.

The United Nations, which lacks its own peacekeeping force, faces three dilemmas when organizing a peacekeeping mission: convincing member states to contribute troops, persuading states to deploy troops quickly, and securing a troop commitment long enough to achieve success. The key to overcoming these challenges, Gary Uzonyi argues, is emphasizing the connection between peacekeeping and slowing the flow of refugees across borders. Finding Soldiers of Peace makes the case for this approach, which balances states' self-interests with the United Nations' goal of civilian protection. Through an analysis of post-Cold War UN peacekeeping missions, particularly interventions in Mali and Sudan, Uzonyi shows how member states often tie civilian protection rhetoric to efforts to keep conflict-driven refugees from crossing into their territory. Conventional wisdom holds that member states primarily engage in peacekeeping for payment or humanitarian reasons. Uzonyi proves otherwise, helping scholars and practitioners more accurately predict which member states are most likely to send support, where states may send assistance, when they might become involved, the size of their contribution, and their timetable for leaving. His research promotes practical strategies for the organization and execution of future missions that ensure member states stay invested in the outcome. A data-rich exploration of the UN response to humanitarian crises, Finding Soldiers of Peace shows how policymakers and practitioners can better strategize the execution of UN peacekeeping missions among diverse, and even contentious, stakeholders.