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aReparations for the continuing legacy of American racism is the central civil rights issue of the twenty-first century. Henry's bold and insightful Long Overdue provides a detailed examination of the current rationale for compensation to African Americans. Long Overdue skillfully explores the political debate and controversies surrounding reparations, and provides constructive suggestions for what the movement needs in order to achieve its policy objectives.a
--Manning Marable, author of "Let Nobody Turn Us Around"

aHenry offers a simply superb interrogation of the Black reparations movement that is distinguished by its attention to history, social movements theory, and global context. The case studies presented here provide contrasting examples of reparations in distinct time periods and highlight political mobilization on local, national, and international scales. Long Overdue compellingly illustrates how distinct demands for reparations have been historically articulated, how they have converged with Black nationalist thought, and how they have influenced the broader public discourse on race and racism. An essential read for a contentious debate.a
--Michael Omi, co-author of "Racial Formation in the United States: From the 1960s to the 1990s"

Ever since the unfulfilled promise of aForty Acres and a mule, a America has consistently failed to confront the issue of racial injustice. Exploring why America has failed to compensate Black Americans for the wrongs of slavery, Long Overdue provides a history of the racial reparations movement and shows why it is an idea whose time has come.

Martin Luther King, Jr., remarkedin his aI Have a Dreama speech that America has given Black citizens a abad checka marked ainsufficient funds.a Yet apart from a few Black nationalists, the call for reparations has been peripheral to Black policy demands. Charles P. Henry examines Americansa unwillingness to confront this economic injustice, and crafts a skillful moral, political, economic, and historical argument for African American reparations, focusing on successful political cases.

In the wake of recent successes in South Africa and New Zealand, new models for reparations have recently found traction in a number of American cities and states, from Dallas to Baltimore and Virginia to California. By looking at other dispossessed group -- Native Americans, holocaust survivors, and Japanese internment victims in the 1940s -- Henry shows how some groups have won the fight for reparations.

As Hurricane Katrina made apparent, the legacy of racial segregation and economic disadvantage is never far below the surface in America. Long Overdue provides an up-to-date survey of the political and legislative efforts that are now breaking the surface to move reparations into the heart of our national discussion about race.

The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the "neutrality trap" snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.

The inside story of China's organ transplant business and its macabre connection with internment camps and killing fields for arrested dissidents, especially the adherents of Falun Gong.
Mass murder is alive and well. That is the stark conclusion of this comprehensive investigation into the Chinese state's secret program to get rid of political dissidents while profiting from the sale of their organs--in many cases to Western recipients. Based on interviews with top-ranking police officials and Chinese doctors who have killed prisoners on the operating table, veteran China analyst Ethan Gutmann has produced a riveting insider's account--culminating in a death toll that will shock the world.
Why would the Chinese leadership encourage such a dangerous perversion of their medical system? To solve the puzzle, Gutmann journeyed deep into the dissident archipelago of Falun Gong, Tibetans, Uighurs and House Christians, uncovering an ageless drama of resistance, eliciting confessions of deep betrayal and moments of ecstatic redemption.
In an age of compassion fatigue, Gutmann relies on one simple truth: those who have made it back from the gates of hell have stories to tell. And no matter what baggage the reader may bring along, their preconceptions of China will not survive the trip.

The defeat of Apartheid and triumph of non-racial democracy in South Africa was not the work of just a few individuals. Ultimately, it came about through the actions – large and small – of many principled, courageous people from all walks of life and backgrounds.

Some of these activists achieved enduring fame and recognition and their names today loom large in the annals of the anti-apartheid struggle. Others were engaged in a range of practical, hands-on activities outside of the public eye. These were the loyal foot soldiers of the liberation Struggle, the unsung workers at the coal face who, largely behind the scenes, made a difference on the ground and helped to bring about meaningful change.

Even though Apartheid was aimed at entrenching white power and privilege, a number of whites rejected that system and instead joined their fellow South Africans in opposing it. Of these, a noteworthy proportion came from the Jewish community.

Mensches in the Trenches tells the hitherto unrecorded stories of some of these activists and the essential, if seldom publicised role that they and others like them played in bringing freedom and justice to their country.

To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.

A volume in Teaching<~> Learning Indigenous, Intercultural Worldviews: International Perspectives on Social Justice and Human Rights Series Editor: Tonya Huber-Warring, St. Cloud State University, Minnesota For readers new to the field of multicultural education and human relations education, the recency of these publications heralded as seminal may be confusing, for certainly the concepts building the field of multicultural education and human relations education have been around much longer. True. But, for the first time, we found the conceptual framework, guiding principles, and critical works across disciplines and fields in Smith's encyclopedic organization. Because of the comprehensive nature of Pritchy Smith's knowledge bases, they have been employed as the organizing themes for this volume. I would clarify that I have not burdened authors to study Smith's analysis and then apply it to their works; the categorization is my own. And, as is true of any topic, the interpretation and application may be broadly applicable.One of my major goals in founding this series has been to further develop the knowledge bases with voices from those in the trenches (literally and figuratively) and at the chalkface-while proverbial for some parts of the world, chalk remains a teaching staple in many regions of the world. The pages of the Teaching<~> Learning Indigenous, Intercultural Worldviews: International Perspectives on Social Justice and Human Rights book series will be used to build the knowledge bases for diversity concerning places and peoples, philosophies and positionalities not commonly appearing in the professional literature on education. Throughout this volume, authors will explore and research their own discoveries on this journey-narratives of crossing cultures and developing communities, reconceptualizing democracy and reinterpreting traditions, seeking solidarity and sowing the seeds of social justice. Through critical reflection in the shade of these giants, the reader may discover Ming Fang's bamboo tree.

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

This collection offers an overview of the issues involved concerning the interface between human rights and intellectual property rights (IPRs). It makes clear that two schools of thought have developed. The first school maintains that human rights and IPRs are in fundamental conflict. Strong protection of IP is incompatible with human rights obligations. Thus, for resolving the conflict between the two, it is suggested that human rights should always prevail over IPRs. Whereas the second school of thought asserts that human rights and IPRs pursue the same aim; that is to define the appropriate scope of private monopoly power to create incentives for authors and inventors, while ensuring that the public has adequate access to the fruits of their efforts. Accordingly, they argue, human rights and IP are compatible. However, what is needed is to strike a balance between the provision of incentives to innovate and public access to products of that innovation. This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs. The discussion on the relationship of human rights and IPRs is an ongoing one; this volume makes a valuable contribution to the debate and will further stimulate the interest to explore and address these complex and challenging issues. This is the second volume in The Raoul Wallenberg Institute of Human Rights and Humanitarian Law 'New Authors' series, which contains the best theses from the human rights masters programmes in Lund and Venice.

Volume 10 of the EYIEL focusses on the relationship between transnational labour law and international economic law on the occasion of the 100th anniversary of the International Labour Organisation (ILO). As one of the oldest UN Agencies, the ILO has achieved considerable progress with respect to labour rights and conditions. The contributions to EYIEL Volume 10 assess these achievements in light of current and future challenges. The ILO's core instruments and legal documents are analysed and similarly the impact labour standards have on trade and investment agreements. In its regional section, EYIEL 10 addresses recent developments in the US and the EU, including the US' trade policy strategy towards China as well as the reform of the NAFTA. In its part on institutions, EYIEL 10 focusses inter alia on the role of the rule of law in relation to current practices of the International Monetary Fund and of the WTO's Appellate Body as an international court. Furthermore, it provides an overview of current cases before the WTO. Finally, the volume entails a section with review essays on recently published books in the field of international economic law and international investment law.

This timely work offers a clear and thorough assessment of how Roma make sure their voice is heard and addresses the difficulty in determining who legitimately represents this heterogeneous transnational minority community. The book argues that Roma are a transnational minority that, as such, requires transnational representation structures to complement domestic political representation structures. After explaining the relationship between representation and political participation within the context of ethnic mobilization, the book then evaluates representation structures and Roma participation in Romania, Hungary, and in the transnational political context. Analytically, the book presents a multidisciplinary approach that draws from the literature on minority rights, citizenship, international relations, and social movements. Empirically, it describes two domestic political contexts and a transnational one. An engaging, informative, and accessible text, Who Speaks for Roma? sheds light on the key challenges facing Roma across Europe today and will be a timely reference for anyone interested in minority politics, political participation, political representation, and human rights.

This book offers an in-depth case study on the leading international refugee agency, the United Nations High Commissioner for Refugees (UNHCR), and its approach to environmentally displaced persons. The author examines the UNHCR on the basis of expert interviews and content analysis in order to highlight why and how the organization is addressing the issue. The analysis draws on organizational as well as security theory, offering readers a better understanding of the connection between the two. The book appeals to scholars in the fields of migration and organizational studies, as well as policymakers and professionals working in international organizations.

This eye-opening collection of documents ranging from the pre-Christian era to the present explores the undeniable power of social, political, and religious dissent throughout history and around the world.
Voices of Protest is an inspiring and comprehensive look at the meaning of protest throughout history, in democratic and nondemocratic societies. It is also a rousing confirmation that individual and community action matters and has great influence.
Collected here are more than 300 documents-- essays, letters, newspaper articles, court decisions, song lyrics, poetry, cartoons, and more-- that represent seven main categories of protest: Civil Rights; National Self- Determination; Economic Justice; Environmental Conservation; Religious Freedom and Morality; Peace and War; and International Political Freedoms.
A small sampling of the entries includes Seneca Falls Declaration of Women's Rights; Fidel Castro's anti- American writings protesting cultural domination; John Muir's essay " The American Forests"; and Martin Luther King, Jr.'s letter from a Birmingham jail. The editors have framed the documents with concise original commentary that places each selection in a political, historical, and social context.

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative terms: to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. In a time when national interests are structurally overvalued and borders increasingly strengthened, it's a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the 'migration crisis'-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands This book is essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK

Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury.
In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.

The Charter of Fundamental Rights of the European Union includes, in addition to the traditional civil and political rights, a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?

Do we have positive duties to help others in need or are our moral duties only negative, focused on not harming them? Are any of the former positive duties, duties of justice that respond to enforceable rights? Is their scope global? Should we aim for global equality besides the eradication of severe global poverty? Is a humanist approach to egalitarian distribution based on rights that all human beings as such have defensible, or must egalitarian distribution be seen in an associativist way, as tracking existing frameworks such as statehood and economic interdependence? Are the eradication of global poverty and the achievement of global equality practically feasible or are they hopelessly utopian wishes? This book argues that there are basic positive duties of justice to help eradicate severe global poverty; that global egalitarian principles are also reasonable even if they cannot be fully realized in the short term; and that there are dynamic duties to enhance the feasibility of the transition from global poverty to global equality in the face of nonideal circumstances such as the absence of robust international institutions and the lack of a strong ethos of cosmopolitan solidarity. The very notion of feasibility is crucial for normative reasoning, but has received little explicit philosophical discussion. This book offers a systematic exploration of that concept as well as of its application to global justice. It also arbitrates the current debate between humanist and associativist accounts of the scope of distributive justice. Drawing on moral contractualism (the view that we ought to follow the principles that no one could reasonably reject), this book provides a novel defense of humanism, challenges several versions of associativism (which remains the most popular view among political philosophers), and seeks to integrate the insights underlying both views.

Refugees lie at the heart of world politics. The causes and consequences of, and responses to, human displacement are intertwined with many of the core concerns of International Relations. Yet, scholars of International Relations have generally bypassed the study of refugees, and Forced Migration Studies has generally bypassed insights from International Relations. This volume therefore represents an attempt to bridge the divide between these disciplines, and to place refugees within the mainstream of International Relations. Drawing together the work and ideas of a combination of the world's leading and emerging International Relations scholars, the volume considers what ideas from International Relations can offer our understanding of the international politics of forced migration. The insights draw from across the theoretical spectrum of International Relations from realism to critical theory to feminism, covering issues including international cooperation, security, and the international political economy. They engage with some of the most challenging political and practical questions in contemporary forced migration, including peacebuilding, post-conflict reconstruction, and statebuilding. The result is a set of highly original chapters, yielding not only new concepts of wider relevance to International Relations but also insights for academics, policy-makers, and practitioners working on forced migration in particular and humanitarianism in general.

This volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective. All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are taken to task. Some of the essays have been previously published in a variety of legal periodicals, and have been reproduced in this volume in order to make them more widely accessible.

The exceptionality of America's Supreme Court has long been conventional wisdom. But the U.S. Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France, has become, in many ways, the Supreme Court of Europe. Michael D. Goldhaber introduces American audiences to the judicial arm of the Council of Europe - a group distinct from the European Union, and much larger - whose mission is centered on interpreting the European Convention on Human Rights. The council routinely confronts nations over their most culturally sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration, Ireland on abortion, Greece on Greek Orthodoxy, Turkey on Kurdish separatism, Austria on Nazism, and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world's conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

This work profiles the appalling human rights record of modern Indonesia, against a history of the country. Brutal repression, the unjust legal system and corrupt nepotism are described, with attention to the independence struggles of the East Timorese and West Papuans. The historical survey includes the anti colonialist campaign, the role of Sukarno as first president, the Suharto decades, the 1998 appointment of Habibie as third president and the social chaos caused by economic collapse. It also describes also how the United States and Britain plotted anti Sukarno coups, supported 1960s massacres and protected the despotic Suharto regime.

The percentage of women aged 15-49 in Egypt who have undergone the procedure of female circumcision, or genital mutilation/cutting (FGM/C) stands at 91%, according to the latest research carried out by UNICEF. Female circumcision has become a global political minefield with 'Western' interventions affecting Egyptian politics and social development, not least in the area of democracy and human rights. Maria Frederika Malmstrom employs an ethnographic approach to this controversial issue, with the aim of understanding how female gender identity is continually created and re-created in Egypt through a number of daily practices, and the central role which female circumcision plays in this process. Viewing the concept of 'agency' as critical to the examination of social and cultural trends in the region, Malmstrom explores the lived experiences and social meanings of circumcision and femininity as narrated by women from Cairo. It is through the examination of the voices of these women that she offers an analysis of gender identity in Egypt and its impact on women's sexuality.