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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
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.
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.
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.
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.
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.
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.
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.
Although it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.
In The Politics of Inequality, David Pettinicchio has gathered an interdisciplinary team of leading experts to make a valuable contribution to the existing inequalities literature through a political sociology lens. Broad social, political and economic forces associated with neoliberalism and globalization, climate change, migration and immigration, health, global financial crises, and crime and punishment, among others, have manifested themselves in a variety of different ways, in turn influencing the politics of inequality across local, national and international contexts. This volume explores a wide range of topics showcasing the multidimensional nature of the politics of inequality. Some of these topics include inequalities within democratic movements, youth political engagement, environmental justice, the impacts of neoliberal capitalism on reproductive autonomy, the politics of educational inequalities, the effects of different forms of collective action on perceptions of inequality, public health and care work, the intersection of race and LGBTQ status in political representation, and much more.
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.
During a one-hundred-day period in 1994, Hutus murdered between half a million and a million Tutsi in Rwanda. The numbers are staggering; the methods of killing were unspeakable. Utilizing personal interviews with trauma survivors living in Rwandan cities, towns, and dusty villages, We Cannot Forget relates what happened during this period and what their lives were like both prior to and following the genocide. Through powerful stories that are at once memorable, disturbing, and informative, readers gain a critical sense of the tensions and violence that preceded the genocide, how it erupted and was carried out, and what these people faced in the first sixteen years following the genocide.
Why are some genocides prominently remembered while others are ignored, hidden, or denied? Consider the Turkish campaign denying the Armenian genocide, followed by the Armenian movement to recognize the violence. Similar movements are building to acknowledge other genocides that have long remained out of sight in the media, such as those against the Circassians, Greeks, Assyrians, the indigenous peoples in the Americas and Australia, and the violence that was the precursor to and the aftermath of the Holocaust. The contributors to this collection look at these cases and others from a variety of perspectives. These essays cover the extent to which our biases, our ways of knowing, our patterns of definition, our assumptions about truth, and our processes of remembering and forgetting as well as the characteristics of generational transmission, the structures of power and state ideology, and diaspora have played a role in hiding some events and not others. Noteworthy among the collection's coverage is whether the trade in African slaves was a form of genocide and a discussion not only of Hutus brutalizing Tutsi victims in Rwanda, but of the execution of moderate Hutus as well. Hidden Genocides is a significant contribution in terms of both descriptive narratives and interpretations to the emerging subfield of critical genocide studies.
Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.
Edited by veteran Czech diplomat and senior religion scholar Glenn Hughes, The Presence of the Past presents new insights from a conference hosted by the Vaclav Havel Program for Human Rights and Diplomacy at Florida International University, in cooperation with the Czech non-profit organization Post Bellum and the Vaclav Havel Library. Its fundamental topic is memory, the human capacity to retain its contents in the flux of time, which is explored and discussed both theoretically and in terms of current action-oriented public discourse. The distinguished group of philosophers, theologians, political scientists, historians, journalists, and political activists who contributed to this volume share their perspectives on pressing issues in the modern world, at the nexus of politics and philosophy. This book's most central goal is to bring together those who are used to operating in the realm of ideas, in the so-called "ivory tower," and those who work on the ground-sharp observers of human matters, trained to study them from different perspectives and exposed in their daily lives to the practical problems connected with our capacities of memory, individual or collective. The aim of this dialogue and communication is to open a path to a new beginning. A postscript tries to demonstrate that such an encounter is truly possible; that it can even be productive, and make a good deal of sense.
See the Table of Contents aEloquently written. . . . Highly Recommended.a--"G.R. Thursby, Choice" aLongtime Hare Krishna observer Rochford shows that devotees,
formerly known for their public chanting and controversial
fundraising practices, have largely moved out of the temples, taken
jobs, and established nuclear families. Using survey data and
extensive interviews, Rochford investigates the attitudes of the
original members' children (some of whom suffered abuse in the
early Hare Krishna schools), the changing roles of women, differing
modes of affiliation with the organization, and the increasing
influence of Indian Hindu immigrants in what is formally known as
the International Society for Krishna Consciousness (ISKCON). His
findings are generally clear and convincing, and he lets the
devotees speak for themselves in frequent quotes. . . . This story
of accommodation within a movement that forged its identity through
strict rejection of secular culture provides valuable insight into
how new religions evolve.a "Burke Rochford is the most notable scholarly interpreter of
Krishna Consciousness in America, and Hare Krishna Transformed is
the most insightful and informative book written on the
organizational evolution of the movement." Most widely known for its adherents chanting "Hare Krishna" and distributing religious literature on the streets of American cities, the Hare Krishna movement was founded in New York City in 1965 by A. C. Bhaktivedanta Swami Prabhupada. Formally known as the International Society for Krishna Consciousness, or ISKCON, it is based on theHindu Vedic scriptures and is a Western outgrowth of a popular yoga tradition which began in the 16th century. In its first generation ISKCON actively deterred marriage and the nuclear family, denigrated women, and viewed the raising of children as a distraction from devotees' spiritual responsibilities. Yet since the death of its founder in 1977, there has been a growing women's rights movement and also a highly publicized child abuse scandal. Most strikingly, this movement has transformed into one that now embraces the nuclear family and is more accepting of both women and children, steps taken out of necessity to sustain itself as a religious movement into the next generation. At the same time, it is now struggling to contend with the consequences of its recent outreach into the India-born American Hindu community. Based on three decades of in-depth research and participant observation, Hare Krishna Transformed explores dramatic changes in this new religious movement over the course of two generations from its founding.
Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Does that body of law apply to private security contractors who use torture to achieve their goals? Does the right to freedom of speech apply in a private shopping mall which has become the modern-day town centre? Under traditional approaches to human rights, non-State actors are beyond the direct reach of international human rights law. They cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. The result is that entities including Non-Governmental Organizations, international organizations such as the UN and the IMF, private security contractors, and transnational corporations, along with many others, are generally considered not to be bound directly by human rights law. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. As privatization, outsourcing, and downsizing place ever more public or governmental functions into the hands of private actors, the human rights regime must adapt if it is to maintain its relevance. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today. |
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