"With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania"

Simona u uianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a "Responsibility to protect" doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations.

The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today.

The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region." "It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book.

"

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

This book explores some of the conceptual questions that underpin the legal disputes which arise in relation to equality and discrimination. Among these questions are: the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination * symmetrical and asymmetrical approaches to equality/non-discrimination * the role of comparators in discrimination/equality analysis * the selection of protected characteristics and the proper sphere of statutory and constitutional protections * the scope for and regulation of potential conflicts between protected grounds. The book engages with domestic, European Union, and European Convention on Human Rights case law, as well as with wider international approaches. It also addresses a number of contemporary issues for discrimination/equality law, including the problem of racial profiling and the regulation of multiple discrimination. This is an interesting study for all those working in the fields of discrimination and human rights. (Series: Human Rights Law in Perspective)

Set in Israel in the first decade of the twenty-first century and based on long-term fieldwork, this rich ethnographic study offers an innovative analysis of the Israeli-Palestinian conflict. It explores practices of ""memory activism"" by three groups of Jewish-Israeli and Arab-Palestinian citizens-Zochrot, Autobiography of a City, and Baladna-showing how they appropriated the global model of truth and reconciliation while utilizing local cultural practices such as tours and testimonies. These activist efforts gave visibility to a silenced Palestinian history in order to come to terms with the conflict's origins and envision a new resolution for the future. This unique focus on memory as a weapon of the weak reveals a surprising shift in awareness of Palestinian suffering among the Jewish majority of Israeli society in a decade of escalating violence and polarization--albeit not without a backlash. Contested memories saturate this society. The 1948 war is remembered as both Independence Day by Israelis and al-Nakba (""the catastrophe"") by Palestinians. The walking tour and survivor testimonies originally deployed by the state for national Zionist education that marginalized Palestinian citizens are now being appropriated by activists for tours of pre-state Palestinian villages and testimonies by refugees.

"This is the first book to offer a systematic analysis of human rights in the 21st century. The chapters, written from diverse methodological perspectives, provide rich and varied insights on vital questions concerning the resiliency, weaknesses, and prospects of human rights today"--Provided by publisher.

Much has been written about anti-apartheid resistance by the marginalized people of South Africa, as well as its violent repression by security forces in urban areas (e.g. Sharpeville massacre; Soweto riots). Very little attention has been paid to resistance by rural people. The Mpondo Revolts, which began in the 1950s and reached a climax in 1960, rank among the most significant rural resistances in South Africa. Here Mpondo villagers emphatically rejected the introduction of Bantu Authorities and unpopular rural land use planning that meant loss of land. The volume presents a fresh understanding of the uprising; as well as its meaning and significance then and now, particularly relating to land, rural governance, party politics and the agency of the marginalized.

This invaluable one-stop reference source supplies students and general readers with historical and current information on the victims' rights revolution in the United States, providing analysis on everything from human rights reports to Supreme Court cases that allows the reader to fully understand these documents. Victims' rights represent the greatest change in the criminal justice system within the last 30 years. Victims' Rights: A Documentary and Reference Guide traces the origins, evolution, and results of the victims' rights movement. It puts victims' rights in a legal, historical, and contemporary context, and comprehensively collects important victims' rights documents in a single volume-perfect for students as well as general readers. Bringing together dozens of varied documents such as presidential task force reports and recommendations, Supreme Court cases, state constitutions, human rights reports, critical articles, and political documents, this book is an indispensable resource for those seeking to understand the origins and modern consequences of American victims' rights policy. The author's accompanying commentary and analysis helps the reader to gain a complete comprehension of the significance of these documents, while numerous bibliographic sources provide additional resources for interested readers. Many primary source documents, such as the President's Task Force on Victims of Crime A focused bibliography follows each chapter An index offers easy access to documents and analysis

Does an offender have the "right" to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the "right" to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the "right" to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

The human right to survive and develop, a fundamental premise of the "U.N. Convention on the Rights of the Child," can be attained only if adequate living conditions are secured for the child. This book reviews the significance of the physical, mental, spiritual, moral, and social aspects of holistic child development called for by Article 27 of the "Convention." The editors share a vision of childhood wherein the child is accorded dignity, and opportunities exist to promote advancement of human potential. Contributors from several nations and a variety of disciplines, including psychology, law, social work, medicine, economics, and international studies, address the challenge of identifying adequate living conditions across cultures and discuss issues affecting communities and governments as they attempt to fulfill their responsibilities to children and their families. Key themes throughout the book are the significance of the child's perspective, the primacy of the family environment, the need to balance the interests of diverse cultures while reducing historical inequities, and the ecological interdependence of children, families, communities, and nations. The editors and contributors call for organized social and political action to realize the child's right to develop, including ways to measure and monitor children's well-being beyond survival.

Former slaves, with no prior experience in electoral politics and with few economic resources or little significant social standing, created a sweeping political movement that transformed the South after the Civil War. Within a few short years after emancipation, not only were black men voting but they had elected thousands of ex-slaves to political offices. Historians have long noted the role of African American slaves in the fight for their emancipation and their many efforts to secure their freedom and citizenship, yet they have given surprisingly little attention to the system of governance that freedpeople helped to fashion. Justin Behrend argues that freed-people created a new democracy in the Reconstruction era, replacing the oligarchic rule of slaveholders and Confederates with a grassroots democracy.
"Reconstructing Democracy" tells this story through the experiences of ordinary people who lived in the Natchez District, a region of the Deep South where black political mobilization was very successful. Behrend shows how freedpeople set up a political system rooted in egalitarian values wherein local communities rather than powerful individuals held power and ordinary people exercised unprecedented influence in governance. In so doing, he invites us to reconsider not only our understanding of Reconstruction but also the nature and origins of democracy more broadly.

Read the Introduction. Read the Table of Contents

"This collection of essays could not be timelier...scholars pondering the implications of recent immigration for ethnic and racial politics would do well to look at this collection of essays."--"American Political Science Review"

America is currently in the midst of a major racial and ethnic demographic shift. By the twenty-first century, the population of Hispanics and Asians will increase significantly, while the black population is expected to remain relatively stable. Non-Hispanic Whites will decrease to just over half of the nation's population. How will the changing ethnic and racial composition of American society affect the long struggle for black political power and inclusion? To what extent will these racial and ethnic shifts affect the already tenuous nature of racial politics in American society?

Using the literature on black politics as an analytical springboard, Black and Multiracial Politics in America brings together a broad demography of scholars from various racial and ethnic groups to assess how urban political institutions, political coalitions, group identity, media portrayal of minorities, racial consciousness, support for affirmative action policy, political behavior, partisanship, and other crucial issues are impacted by America's multiracial landscape.

Contributors include Dianne Pinderhughes, M. Margaret Conway, Pei-te Lein, Susan Howell, Mack Jones, Brigitte L. Nacos, Natasha Hritzuk, Marion Orr, Michael Jones-Correa, A.B. Assensoh, Joseph McCormick, Sekou Franklin, Jose Cruz, Erroll Henderson, Mamie Locke, Reuel Rogers, James Endersby, Charles Menifield and Lawrence J. Hanks.

Violence against women is a major problem in all countries, affecting women in every socio-economic group and at every life stage. Nowhere in the world do women share equal social and economic rights with men or the same access as men to productive resources. Economic globalization and development are creating new challenges for women's rights as well as some new opportunities for advancing women's economic independence and gender equality. Yet, when women have access to productive resources and they enjoy social and economic rights they are less vulnerable to violence across all societies. The Political Economy of Violence against Women develops a feminist political economy approach to identify the linkages between different forms of violence against women and macro structural processes in strategic local and global sites - from the household to the transnational level. In doing so, it seeks to account for the globally increasing scale and brutality of violence against women. These sites include economic restructuring and men's reaction to the loss of secure employment, the abusive exploitation associated with the transnational migration of women workers, the growth of a sex trade around the creation of free trade zones, the spike in violence against women in financial liberalization and crises, the scourge of sexual violence in armed conflict and post-crisis peacebuilding or reconstruction efforts and the deleterious gendered impacts of natural disasters. Examples are drawn from South Africa, Kenya, the Democratic Republic of Congo, China, Ciudad Juarez in Mexico, the Pacific Islands, Argentina, Eastern Europe, Central Asia, Haiti, Sri Lanka, Indonesia, New Zealand, Ireland, the United Kingdom, the United States and Iceland.

Heroes of Human Rights: Stories of Women and Men who Created Human Rights describes the historical development of human rights, modern human rights declarations and conventions, historical and modern human rights abuses, and current mechanisms for protecting and advancing human rights. Through engaging, emotional, and inspiring stories of heroes from the sixteenth century to the present, the book underscores the importance of human rights for all peoples around the globe. The text is organized chronologically and divided into three sections according to discrete time periods: pre-1900, 1900 - 1950, and 1950 to present day. Readers learn about Granville Sharp's and Kevin Bales's struggles to abolish slavery; Azucena Villaflor's efforts to end disappearances and abuses by the government in Argentina; and Franz Uri Boas's crusade against "scientific" racism. Additional chapters explore how Olympe de Gouges, Mary Wollstonecraft, Beate Sirota, and Shirin Ebadi championed women's rights; Robert Owen fought against abusive child labor during the Industrial Revolution; Raphael Lemkin pushed to make genocide an international crime; Eleanor Roosevelt led the drafting of the Universal Declaration of Human Rights; W.E.B. Du Bois advocated for an end to colonialism; and much more. Designed to help readers achieve greater levels of understanding and empathy, Heroes of Human Rights is an ideal resource for courses on human rights, world history, and international affairs.

Set in Israel in the first decade of the twenty-first century and based on long-term fieldwork, this rich ethnographic study offers an innovative analysis of the Israeli-Palestinian conflict. It explores practices of ""memory activism"" by three groups of Jewish-Israeli and Arab-Palestinian citizens-Zochrot, Autobiography of a City, and Baladna-showing how they appropriated the global model of truth and reconciliation while utilizing local cultural practices such as tours and testimonies. These activist efforts gave visibility to a silenced Palestinian history in order to come to terms with the conflict's origins and envision a new resolution for the future. This unique focus on memory as a weapon of the weak reveals a surprising shift in awareness of Palestinian suffering among the Jewish majority of Israeli society in a decade of escalating violence and polarization--albeit not without a backlash. Contested memories saturate this society. The 1948 war is remembered as both Independence Day by Israelis and al-Nakba (""the catastrophe"") by Palestinians. The walking tour and survivor testimonies originally deployed by the state for national Zionist education that marginalized Palestinian citizens are now being appropriated by activists for tours of pre-state Palestinian villages and testimonies by refugees.

This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled "rights talk" leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University

This is an innovative contribution to the philosophy of human rights. Considering both legal and philosophical scholarship, the views here bear an importance on the legitimacy of international politics and international law. As a result of more than 10 years of research, this revised edition engages with current debates through the help of new sections. Pluralistic universalism considers that, while formal filtering criteria constitute unavoidable requirements for the production of potentially valid arguments, the exemplarity of judgmental activity, in its turn, provides a pluralistic and retrospective reinterpretation for the fixity of such criteria. While speech formal standards grounds the thinnest possible presuppositions we can make as humans, the discursive exemplarity of judgments defends a notion of validity which is both contextually dependent and "subjectively universal". According to this approach, human rights principles are embedded within our linguistic argumentative practice. It is precisely from the intersubjective and dialogical relation among speakers that we come to reflect upon those same conditions of validity of our arguments. Once translated into national and regional constitutional norms, the discursive validity of exemplar judgments postulates the philosophical necessity for an ideal of legal-constitutional pluralism, challenging all those attempts trying to frustrate both horizontal (state to state) and vertical (supra-national-state-social) on-going debates on human rights. On the first edition of this book: "Claudio Corradetti's book is a thoughtful attempt to find an adequate theoretical foundation for human rights. Its approach is interdisciplinary in nature, drawing on issues in analytical philosophy as well as contemporary political theorists, and the result is a densely argued text aimed at scholars ... ." (Andrew Lambert, Metapsychology Online Reviews, Vol. 14 (3), January, 2010)

In the first part of this book, noted legal scholar Dimtris Liakopoulos deals with reconstructing the legal regulatory framework governing human rights violations in the activities of organizations. After identifying rules that are generally applicable to organizations’ offenses and govern the profile of reparations, this study assesses primary rules that guarantee the right to an effective remedy. Liakopoulos then moves on to how this works in practice, examining the reparations obtainable by an individual in disputes between states and organizations. This includes, for example, damages caused by the United Nations in the context of force operations and requests for the cancellation or modification of sanctions unjustly imposed by the UN’s Sanctions Committee. The author then assesses enforcement practices, highlighting the limits of diplomatic protection from the perspective of protecting individual interests and enhancing some recent tendencies of “humanizing” institutions in question.

Antony Alcock recounts four stages in the history of regional cultural minority protection: protection of religious minorities and the rise of cultural nationalism before 1914; attempts to assimilate minorities between the wars together with the League of Nations' system of protection; neglect of the complex issues in minority protection after 1945, leading in many cases to violence; and finally the renaissance of cultural minorities in the west, while in the east the new states after the fall of communism have had difficulties in coming to terms with their minorities.

This volume offers a systematic overview of the different tools through which the human rights accountability of transnational corporations may be improved. It first examines the responsibility of States in controlling transnational corporations, emphasizing both the limits imposed by the protection of the rights of investors under investment treaties and the potential of the US Alien Tort Claims Act and other similar extra-territorial legislations. It then turns to self-regulation by transnational corporations, through the use of codes of conduct or international framework agreements. It then discusses recent attempts at the global level to improve the human rights accountability of corporations by the direct imposition on corporations of obligations under international law. Finally, it considers the use of public procurement policies or of conditionalities in the lending policies of multilateral lending institutions in order to incentivize TNCs to behave ethically. Altogether, the book offers a rigorous legal analysis of these different developments and critically appraises their potential.

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

Taking as a starting point that hunger results from social exclusion and distributional inequities and that lasting, sustainable and just solutions are to be found in changing the structures that underlie our food systems, this book examines how law shapes global food systems and their ongoing transformations. Using detailed case studies, historical mapping and legal analysis, the contributors show how various actors (farmers, civil society groups, government officials, international bodies) use or could use different legal tools (legislative, jurisprudential, norm-setting) on various scales (local, national, regional, global) to achieve structural changes in food systems. Section 1, Institutionalizing New Approaches, explores the possibility of institutionalizing social change through two alternative visions for change - the right to food and food sovereignty. Individual chapters discuss Via Campesina's struggle to implement food sovereignty principles into international trade law, and present case studies on adopting food sovereignty legislation in Nicaragua and right to food legislation in Uganda. The chapters in Section 2, Regulating for Change, explore the extent to which the regulation of actors can or cannot change incentives and produce transformative results in food systems. They look at the role of the state in regulating its own actions as well as the actions of third parties and analyze various means of regulating land grabs. The final section, Governing for Better Food Systems, discusses the fragmentation of international law and the impacts of this fragmentation on the realization of human rights. These chapters trace the underpinnings of the current global food system, explore the challenges of competing regimes of intellectual property, farmers rights and human rights, and suggest new modes of governance for global and local food systems. The stakes for building better food systems are high. Our current path leaves many behind, destroying the environment and entrenching inequality and systemic poverty. While it is commonly understood that legal structures are at the heart of food systems, the legal academy has yet to make a significant contribution to recent discussions on improving food systems - this book aims to fill that gap."

Product information not available.

In this first biography of Coretta Scott King, written by her friend Octavia Vivian, the reader meets a determined young girl who grew up in Alabama and worked her way through Antioch College only to discover that she was not allowed to teach in the white schools in Ohio. She pursued a musical career in Boston, where she met Martin Luther King, Jr. The Montgomery bus boycott in 1955 brought Dr. King and his wife into national prominence. Since then, the nation has seen the beauty and composure of Coretta Scott King as she has continued to speak and act on behalf of civil rights. First published in 1970 by Fortress Press, this commemorative edition has been thoroughly updated, includes a black and white photo gallery, and is full of warmth and human interest, telling the story of Coretta Scott King from her childhood to her death in February 2006.