Drawing on conceptual debates in transitional justice and critical archival studies, as well as empirical cases from various countries around the world, the contributions in this book critically examine how archives are produced by and used in transitional justice processes such as tribunals, truth commissions and remembrance processes. This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice. In doing so it offers in-depth analyses of the relationship between archives and transitional justice in France, Colombia, Rwanda, South Africa and Northern-Ireland; it highlights truth commission and (international) court archives as much as personal collections and oral histories. The authors bring critical archival studies into dialogue with transitional justice discourses to highlight the activism and emancipatory potential but also the possibilities of injustices inherent in archives and archival practice. Crucially, the book goes beyond merely highlighting the evidentiary value of archives by linking them to a multitude of transitional justice processes, goals and ideals, including remembrance processes, witnessing, reconciliation, non-recurrence, and various struggles against injustices and prevalent violence. This collection contributes to and expands our understanding of archives in transitional justice and critically questions core assumptions being made about the inherently positive contributions archives and records make to dealing with a violent past. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

In a world gripped by an ever-worsening ecological crisis there are present and increasing genocidal pressures on many culturally distinct social groups, such as indigenous peoples. This is where the genocide-ecocide nexus presents itself. The destruction of ecosystems, ecocide, can be a method of genocide if, for example, environmental destruction results in conditions of life that fundamentally threaten a social group's cultural and/or physical existence. Given the looming threat of runaway climate change, the attendant rapid extinction of species, destruction of habitats, ecological collapse and the self-evident dependency of the human race on our bio-sphere, ecocide (both "natural" and "manmade") will become a primary driver of genocide. Through nine chapters of cutting-edge research, this book examines specific case studies in geographical settings such as Iraq, Sudan, Nigeria and Brazil, to highlight and analyse the crucial connections and vectors of the genocide-ecocide nexus. This book will be of great value to scholars, students and researchers interested in the ecological crisis, Environmental Justice, the political economy of genocide and ecocide as well as environmental human rights. The chapters in this book were originally published as a special issue of The Journal of Genocide Research.

This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms - coercion and strategic learning - which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations. The Open Access version of this book, available at: http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This book provides an in-depth overview of what is currently happening in the field of Law and Artificial Intelligence (AI). From deep fakes and disinformation to killer robots, surgical robots, and AI lawmaking, the many and varied contributors to this volume discuss how AI could and should be regulated in the areas of public law, including constitutional law, human rights law, criminal law, and tax law, as well as areas of private law, including liability law, competition law, and consumer law. Aimed at an audience without a background in technology, this book covers how AI changes these areas of law as well as legal practice itself. This scholarship should prove of value to academics in several disciplines (e.g., law, ethics, sociology, politics, and public administration) and those who may find themselves confronted with AI in the course of their work, particularly people working within the legal domain (e.g., lawyers, judges, law enforcement officers, public prosecutors, lawmakers, and policy advisors). Bart Custers is Professor of Law and Data Science at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands. Eduard Fosch-Villaronga is Assistant Professor at eLaw - Center for Law and Digital Technologies at Leiden University in the Netherlands.

This pioneering book demonstrates how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. It provides a sociological treatment of a wide range of substantive issues but never loses sight of the key theoretical questions. It: considers some varied cases of public intervention, including welfare, caring, mental health provisions, pensions, justice and free speech alongside the rights issues they raise examines the question of rights from the point of view of distinctive population groups, such as prisoners and victims, women, ethnic minorities, indigenous peoples and lesbians and gays. A key strength is its detailed presentation and analysis of different aspects of rights and its exploration of a variety of analytical perspectives. Rights are viewed, not in terms of ethical certainty, but as the product of social processes and part of shifting terrain which is open to negotiation. Including a theoretical critique of existing perspectives, Rights offers a diverse and detailed exploration of the contribution sociological thought can make to this increasingly important aspect of social life and is an invaluable aid to students studying in this area.

To defend its citizens from harm, must the government have unfettered access to all information? Or, must personal privacy be defended at all costs from the encroachment of a surveillance state? And, doesn't the Constitution already protect us from such intrusions? When the topic of discussion is intelligence-gathering, privacy, or Fourth Amendment protections against unreasonable search and seizure, the result is usually more heat than light. Anthony Gregory challenges such simplifications, offering a nuanced history and analysis of these difficult issues. He highlights the complexity of the relationship between the gathering of intelligence for national security and countervailing efforts to safeguard individual privacy. The Fourth Amendment prohibiting unreasonable searches and seizures offers no panacea, he finds, in combating assaults on privacy-whether by the NSA, the FBI, local police, or more mundane administrative agencies. Given the growth of technology, together with the ambiguities and practical problems of enforcing the Fourth Amendment, advocates for privacy protections need to work on multiple policy fronts.

This important book outlines how, despite varying levels of global socio-economic development, governments around the world can guarantee their citizens' fundamental right to basic healthcare. Grounded in the philosophical position that healthcare is an essential element to human dignity, the book moves beyond this theoretical principle to offer policy-makers a basis for health policies based on public accountability and social responsiveness. Also emphasizing the importance of global co-operation, particularly in the area of health promotion and communication, it addresses, too, the issue of financial sustainability, suggesting robust mechanisms of economic and social regulation. New opportunities created by e-health, evidence-based data and artificial intelligence are all highlighted and discussed, as is the issue of patient rights. Students and researchers across bioethics, public health and medical sociology will find this book fascinating reading, as will policy-makers in the field.

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 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.

Includes relational and Jungian approaches as well as trauma and dissociation theory, ritual abuse and mind control literature. Focuses on four key clinical case studies.

Anthonyas fascinating biography of this aworld citizen in the Black Atlantica sheds a good deal of light on the origins of Yerganas radical engagement in the 1930s and 1940s.a
--"Radical History Review"

aAs the title of this provocative work suggests, Max Yergan certainly is one of the more intriguing figures of the previous century. . . . This biography includes a particularly strong bibliography and a detailed index.a
--Gerald Horne in the "Journal of American History"

"Beautifully written and accessible . . . "Max Yergan" is a remarkable book which reflects prodigious and imaginative research. It is more than a biography; it is a walk through a variety of political and institutional movements that have substantially shaped the history of the black world, from the United States to South Africa."
--Robin D.G. Kelley, author of "Freedom Dreams: The Black Radical Imagination"

aAnthony has done an admirable job making sense of the sometimes contradictory sources related to Yerganas life, and the scope of his research is truly remarkable.a
--Safundi: The Journal of South African and American Studies

"The multiple lives of the man David Anthony explores in these pages are fascinating, tragic, and remarkably little-known. The left-to-right journeys of many white American intellectuals are familiar, but the trajectory of this talented black man seems more dramatic than any of them: from mentor of a key African National Congress leader to enthusiastic backer of apartheid, from friend of Paul Robeson and target of FBI surveillance to someone eulogized in the "National Review," Max Yergan's odyssey through the twentieth century is a prism through which to view anera's dreams and conflicts on four continents."
--Adam Hochschild, author of "King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa"

"David Anthony's biography of Max Yergan and the story of Otto Huiswoud and his comrades by Joyce Moore Turner have provided us with deeper understanding of that complex and often contradictory history that has been the African-American relationship with the communist movement."
--Allen Ruff, "Against the Current"

In his long and fascinating life, black activist and intellectual Max Yergan (1892-1975) traveled on more ground--both literally and figuratively--than any of his impressive contemporaries, which included Adam Clayton Powell, Paul Robeson, W.E.B. Du Bois, and A. Phillip Randolph. Yergan rose through the ranks of the "colored" work department of the YMCA, and was among the first black YMCA missionaries in South Africa. His exposure to the brutality of colonial white rule in South Africa caused him to veer away from mainstream, liberal civil rights organizations, and, by the mid-1930s, into the orbit of the Communist Party. A mere decade later, Cold War hysteria and intimidation pushed Yergan away from progressive politics and increasingly toward conservatism. In his later years he even became an apologist for apartheid.

Drawing on personal interviews and extensive archival research, David H. Anthony has written much more than a biography of this enigmatic leader. In following the winding road of Yergan's life, Anthony offers a tour through the complex and interrelated political and institutional movements that have shaped the history of the black world from the United States to South Africa.

This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC's failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court hasjurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.

This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called 'dirty war' to the current crisis of disappearances associated with the country's 'war on drugs', during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called 'war on drugs'. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument," that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of 'old age' to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in 'old age' are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

This insightful book analyzes the political engagement and marginalization of three of Milan's migrant groups, Filipinos, Egyptians and Ecuadorians. Bringing together data relating to the civic and political engagement of individual migrants, and of migrant organizational networks, the result is an examination of the consequences of the political exclusion of migrants, exploring the different ways in which they cope with this predicament. Such exclusion, the author argues, has three major impacts. It can transform migrant groups into political subcultures and engender externally-driven participation, but it can also lead to radicalization.

This book explores justice 'on the ground' in Southern African communities, and in particular the roles that women play in these processes. Justice on the ground is often critiqued for being male-dominated and patriarchal. This volume seeks to unpack and problematize this assumption through the case studies of Namibia, Zimbabwe, Mozambique and South Africa. Contributions focus on the lived experiences of women and the intersections of race, class, culture and the colonial experience that shape their lives. In the rural and peri-urban contexts discussed in this book, justice on the ground is found to be relational. The network of relationships between people and the well-being and health of a community as an integral whole continue to be of central importance as the survival of the community depends on the entire community functioning interdependently. An engagement with African feminisms is helpful in providing a number of lenses, or simply questions, through which to read the case studies. These case studies reveal the complex and organic ways in which women have power and influence in relation to justice on the ground which may not be immediately obvious.

The central claim developed in this book is that disciplinary International Relations (IR) is identifiable as both an advanced colonial practice and a postcolonial subject. The starting problematic here issues from disciplinary IR's relative dearth of attention to indigenous peoples, their knowledges, and the distinctive ways of knowing that underwrite them. The book begins by exploring how IR has internalized many of the enabling narratives of colonialism in the Americas, evinced most tellingly in its failure to take notice of indigenous peoples. More fundamentally, IR is read as a conduit for what the author terms the 'hegemonologue' of the dominating society: a knowing hegemonic Western voice that, owing to its universalist pretensions, speaks its knowledge to the exclusion of all others.

This accessible and authoritative book provides the first systematic overview of the global children's rights movement. It introduces both beginners and experts to child and youth rights in all their theoretical, historical, cultural, political, and practical complexity. In the process, the book examines key controversies about globalization, cultural relativism, social justice, power, economics, politics, freedom, ageism, and more. Combining vivid examples with cutting-edge scholarship, Children's Rights: Today's Global Challenge lifts up the rights of the youngest third of humanity as the major human rights challenge of the twenty-first century.

This book: * Looks at non-violent resistances in South Asia, Middle East, Europe and Americas. * will be a must-read for scholars and researchers of politics, governance and public policy, gender, and human rights

This volume is the third in the "Perspectives from The Review of Politics" series, following The Crisis of Modern Times, edited by A. James McAdams (2007), and War, Peace, and International Political Realism, edited by Keir Lieber (2009). In A Liberalism Safe for Catholicism?, editors Daniel Philpott and Ryan Anderson chronicle the relationship between the Catholic Church and American liberalism as told through twenty-seven essays selected from the history of the Review of Politics, dating back to the journal's founding in 1939. The primary subject addressed in these essays is the development of a Catholic political liberalism in response to the democratic environment of nineteenth- and twentieth-century America. Works by Jacques Maritain, Heinrich Rommen, and Yves R. Simon forge the case for the compatibility of Catholicism and American liberal institutions, including the civic right of religious freedom. The conversation continues through recent decades, when a number of Catholic philosophers called into question the partnership between Christianity and American liberalism and were debated by others who rejoined with a strenuous defense of the partnership. The book also covers a wide range of other topics, including democracy, free market economics, the common good, human rights, international politics, and the thought of John Henry Newman, John Courtney Murray, and Alasdair MacIntyre, as well as some of the most prominent Catholic thinkers of the last century, among them John Finnis, Michael Novak, and William T. Cavanaugh. This book will be of special interest to students and scholars of political science, journalists and policymakers, church leaders, and everyday Catholics trying to make sense of Christianity in modern society. Contributors: Daniel Philpott, Ryan T. Anderson, Jacques Maritain, Alvan S. Ryan, Heinrich Rommen, Josef Pieper, Yves R. Simon, Ernest L. Fortin, John Finnis, Paul E. Sigmund, David C. Leege, Thomas R. Rourke, Michael Novak, Michael J. Baxter, David L. Schindler , Joseph A. Komonchak, John Courtney Murray, Samuel Cardinal Stritch, Francis J. Connell, Carson Holloway, James V. Schall, Gary D. Glenn, John Stack, Glenn Tinder, Clarke E. Cochran, William A. Barbieri, Jr., Thomas S. Hibbs, Paul S. Rowe, and William T. Cavanaugh.

The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea. The work provides insights into how prohibition on discrimination based on sexual orientation can be realized in South Korea with the reference of the case law of other jurisdictions including mainly from the ECtHR. The book reviews related principles and methodological tools applied in the jurisprudence of the ECtHR. Considering that the rights of sexual minorities are evolving in many jurisdictions including Europe, and this problem is currently of great importance in the constitutional and political discussion, the topic is important to the readers in Europe as well as in Korea.

From the rise of far-right regimes to the tumult of the COVID-19 pandemic, recent years have brought global upheaval as well as the sedimentation of longstanding social inequalities. Analyzing the complexities of the current political moment in different geographic regions, this book addresses the paradoxical persistence of neoliberal policies and practices, in order to ground the pursuit of a more just world. Engaging theories of decoloniality, racial capitalism, queer materialism, and social reproduction, this book demonstrates the centrality of sexual politics to neoliberalism, including both social relations and statecraft. Drawing on ethnographic case studies, the authors show that gender and sexuality may be the site for policies like those pertaining to sex trafficking, which bundle together economics and changes to the structure of the state. In other instances, sexual politics are crucial components of policies on issues ranging from the growth of financial services to migration. Tracing the role of sexual politics across different localities and through different political domains, this book delineates the paradoxical assemblage that makes up contemporary neoliberal hegemony. In addition to exploring contemporary social relations of neoliberal governance, exploitation, domination, and exclusion, the authors also consider gender and sexuality as forces that have shaped myriad forms of community-based activism and resistance, including local efforts to pursue new forms of social change. By tracing neoliberal paradoxes across global sites, the book delineates the multiple dimensions of economic and cultural restructuring that have characterized neoliberal regimes and emergent activist responses to them. This innovative analysis of the relationship between gender justice and political economy will appeal to: interdisciplinary scholars in social and cultural studies; legal and political theorists; and the wide range of readers who are concerned with contemporary questions of social justice.

This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one's privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens' private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

From the rise of far-right regimes to the tumult of the COVID-19 pandemic, recent years have brought global upheaval as well as the sedimentation of longstanding social inequalities. Analyzing the complexities of the current political moment in different geographic regions, this book addresses the paradoxical persistence of neoliberal policies and practices, in order to ground the pursuit of a more just world. Engaging theories of decoloniality, racial capitalism, queer materialism, and social reproduction, this book demonstrates the centrality of sexual politics to neoliberalism, including both social relations and statecraft. Drawing on ethnographic case studies, the authors show that gender and sexuality may be the site for policies like those pertaining to sex trafficking, which bundle together economics and changes to the structure of the state. In other instances, sexual politics are crucial components of policies on issues ranging from the growth of financial services to migration. Tracing the role of sexual politics across different localities and through different political domains, this book delineates the paradoxical assemblage that makes up contemporary neoliberal hegemony. In addition to exploring contemporary social relations of neoliberal governance, exploitation, domination, and exclusion, the authors also consider gender and sexuality as forces that have shaped myriad forms of community-based activism and resistance, including local efforts to pursue new forms of social change. By tracing neoliberal paradoxes across global sites, the book delineates the multiple dimensions of economic and cultural restructuring that have characterized neoliberal regimes and emergent activist responses to them. This innovative analysis of the relationship between gender justice and political economy will appeal to: interdisciplinary scholars in social and cultural studies; legal and political theorists; and the wide range of readers who are concerned with contemporary questions of social justice.