What is a right? What, if anything, makes rights different from other features of the normative world, such as duties, standards, rules, or principles? Do all rights serve some ultimate purpose? In addition to raising these questions, philosophers and jurists have long been aware that different senses of 'a right' abound. To help make sense of this diversity, and to address the above questions, they developed two types of accounts of rights: models and theories. This book explicates rights modelling and theorising and scrutinises their methodological underpinnings. It then challenges this framework by showing why the theories ought to be abandoned. In addition to exploring structural concerns, the book also addresses the various ways that rights can be used. It clarifies important differences between rights exercise, enforcement, remedying, and vindication, and identifies forms of legal rights-claiming and rights-invoking outside of institutional contexts.

With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature

This study established an intellectual profile of Albert Gallatin through his vision of government's role in a democratic republic and the republic's role in the community of nations. Only through a comprehensive analysis of Gallatin's political and diplomatic activities can the student of history learn to see his actions as expressions of clearly formulated principles. Gallatin was much more involved in the shaping of administrative policy than has been recognized. Moreover, he followed his unique Gallatinian approach to domestic policy as well as international diplomacy, always in pursuit of one paramount objective: the preservation of individual liberty within the context of a republic.

In "The Last Crusade, " Gerald McKnight examines the Poor People's Campaign, the last large-scale demonstration of civil rights-era America, and the systematic efforts of FBI director J. Edgar Hoover and his executive officers to subvert King's ambitious effort to force the federal government to live up to its promises of a Great Society. The book also looks at King's last days as he helped Memphis sanitation workers in their labor-cum-civil rights struggle with a recalcitrant and racist city government. Although there is no persuasive evidence that the FBI and the Memphis police conspired to assassinate King, McKnight marshals evidence to show that neither agency was blameless.The conventional view of the Poor People's Campaign is that it was a self-inflicted failure. The blame rested squarely on the shoulders of the second-raters of the Southern Christian Leadership Conference who failed to fill the leadership vacuum after King's assassination. But, as McKnight shows, there was a hidden, dark counterpoint to the accepted version--namely, the triumph of the 1960s American surveillance state and its repressive power and flagrant violation of protected freedoms. In fact, whatever the FBI wanted to do to disrupt the Campaign, it did, aided and abetted by local police agencies and elements of the federal government, including military intelligence.

This book adds impetus to the nexus between human rights, human rights education and material reality. The dissonance between these aspects is of growing concern for most human rights educators in various social contexts. The first part of the book opens up new discourses and presents new ontologies and epistemologies from scholars in human rights, human rights education and human rights literacies to critique and/or justify the understandings of human rights' complex applications. Today's rapidly changing social contexts and new languages attempting to understand ongoing dehumanization and violations, put enormous pressure on higher education, educators, individuals working in social sciences, policy makers and scholars engaged in curricula making.The second part demonstrates how global interactions between citizens from different countries with diverse understandings of human rights (from developed and developing democracies) question the link between human rights and it's in(ex)clusive Western philosophies. Continuing inhumane actions around the globe reflect the failure of human rights law and human rights education in schools, higher education and society at large. The book shows that human rights education is no longer a blueprint for understanding human rights and its universal or contextual values presented for multicomplexial societies. The final chapters argue for new ontologies and epistemologies of human rights, human rights education and human rights literacies to open-up difficult conversations and to give space to dissonant and disruptive discourses. The many opportunities for human rights education and literacies lies in these conversations.

Recent developments in the European integration process have raised, amongst many other things, the issue of linguistic diversity, for some a stumbling block to the creation of a European democratic polity and its legal and social institutions. The solution to the 'question of language', involves an understanding of the role played by natural languages and the consequent design of policies and institutional mechanisms to facilitate inter-linguistic and intercultural communication. This is not an exclusively European problem, and nor is it entirely new, for it is also the problem of linguistic majorities and minorities within unitary nation-states. However, the effects of globalization and the diffusion of multiculturalism within nation-states have given renewed emphasis to the question of language in diverse societies. Facing the question anew involves reconsidering traditional ideas about social communication and the public sphere, about opinion-formation and diffusion, about the protection of cultural and linguistic minorities, and about the role that language plays in the process of formation of political and legal cultures. This volume is intended as a multidisciplinary contribution towards studying and assessing the range of problems that form the 'language question' in Europe and diverse societies.

Disability and Disaster adds disaster research to the expanding area of disability studies. The book includes writings by international scholars and first-hand narratives from individuals with disabilities affected by disasters around the globe. Hazards described in these narratives include earthquakes, hurricanes, floods, fires, and war.

Garret deals with the issue of humanitarian intervention, of which the recent Kosovo conflict provides a prime example. Even though the writing of this book was completed before NATO began its intervention on behalf of the Kosovars, the book provides a valuable background for assessing the Kosovo issue--it lays out the history of previous humanitarian interventions and analyzes the controversies surrounding them. Garret provides a sophisticated framework by which such interventions can be evaluated both morally and pragmatically. His book offers some particularly relevant material on the American role in humanitarian interventions. This book is valuable for those who wish to make sense of the pros and cons of humanitarian efforts in international hot spots, like Kosovo.

After an analysis of the legal and philosophical issues bearing on the idea of humanitarian intervention, defined as the use of force by one or more states to remedy severe human rights abuses in a particular country--this study focuses upon the moral duties that individual members of the international community have toward the welfare of others. Recent events have indicated that humanitarian intervention will likely play a larger role in international relations in the future. Examples in the contemporary period include Kosovo Somalia, Liberia, Haiti, the Kurds in Iraq, Uganda, and East Pakistan. This book emphasizes the role of the United States in humanitarian intervention and argues that increased American involvement is essential.

Garrett suggests that the American people as a whole may be more prepared to see the United States take an active role in humanitarian intervention than are certain media and government elites. Strong national leadership that stresses the moral duty of the United States will be necessary to tap this latent altruism in order to contribute to higher standards of international human rights. Individual topics include assessment criteria for the moral legitimacy of intervention, unilateral versus multilateral efforts, and factors that appear to persuade or dissuade states from participating in such intervention. This volume focuses on certain themes and patterns in humanitarian intervention, which are then illustrated by using historical data taken from a variety of different examples.

This book examines how and why liberalism and human rights have proven insufficient to protect immigrants. Contemporary immigration systems are characterized by increasing complexity and expanding enforcement, and frequently criticized for violating human rights and for causing death, exclusion and exploitation. The 'migrant crisis' can also be understood as a crisis of hospitality for liberal democracies. Through analysis of the immigration histories and political dynamics of Britain and the US, the book explains how these two archetypal liberal states have both sought to create a hostile environment for unwanted immigrants. The book provides a fresh and original perspective on the development of immigration systems, showing how they have become subject to the politics of fear and greed, and revealing how different traditions of hospitality have evolved, survived, and renewed.

Laham analyzes perhaps the most politically controversial element of Reagan's conservative agenda, involving his attempt to curtail federal enforcement of civil rights laws. The book focuses on the major initiatives Reagan pursued in his attempt to curb enforcement of those laws: first, his efforts to reform affirmative action by prohibiting mandatory employer use of minority and white female hiring goals, and second, his veto of the Civil Rights Restoration Act. Reagan's academic critics argue that the president was politically motivated in his efforts to curtail federal enforcement of civil rights laws by his desire to appeal for the support of working-class whites, many of whom harbor racial resentments against minorities. Reagan's historical reputation suffers from his attempt to curb enforcement of those laws, which has fostered charges by his critics that he was cynical and manipulative, though outwardly pleasant and likable; a president who shamelessley played the race card for his own political gain. Laham challenges the conventional notion that Reagan was an ardent practitioner of the politics of racial division. Rather, he argues that Reagan's civil rights policy was determined by his philosophical commitment to colorblind justice and limited government, two core principles of his conservative agenda. This is a controversial survey important to students and scholars of contemporary American politics, public policy, and race relations.

The height of colonial rule on the African continent saw two prominent religious leaders step to the fore: Desmond Tutu in South Africa, and Abel Muzorewa in Zimbabwe. Both Tutu and Muzorewa believed that Africans could govern their own nations responsibly and effectively if only they were given the opportunity. In expressing their religious views about the need for social justice each man borrowed from national traditions that had shaped policy of earlier church leaders. Tutu and Muzorewa argued that the political development of Africans was essential to the security of the white settlers and that whites should seek the promotion of political development of Africans as a condition of that future security. Desmond Tutu and Abel Muzorewa were both motivated by strong religious principles. They disregarded the possible personal repercussions that they might suffer as a result of their efforts to alter the fundamental bases of their colonial governments. Each man hoped to create a new national climate in which blacks and whites could cooperate to build a new nation. Each played a part in eventual independence for Zimbabwe in 1980 and for South Africa in 1994. Mungazi's examination of their efforts reveals how individuals with strong convictions can make a difference in shaping the future of their nations.

This book analyzes three major issues related to refugees: repatriation and its accompanying concerns - peace and security. Since the late 1980s, repatriation has been considered the most appropriate solution for refugees. This applies if the home country is peaceful, but often repatriation takes places in conflict situations, which can lead to national and human insecurity problems. Rwanda is one of the countries where the question of repatriation has become highly controversial since the 1990s. The United Nations maintains that Rwanda has changed significantly since the 1994 genocide, and today enjoys an essential level of peace and security. This explains why the UN has promoted repatriation and recommended the cessation of Rwandan refugee status, yet the vast majority of refugees have refused to return to the country. Providing insights from researchers, former UN staff members, journalists, and, most importantly, former Rwandan refugees themselves into both the theory and practice of refugees' repatriation as well as the security and peace issues, this book appeals to postgraduate students, academics, policymakers, and practitioners working for international organizations and NGOs.

Focusing on children's citizenship, participation and rights, this edited collection draws on the work of a number of leading scholars in the sociology of childhood. The contributors explore a range of themes including: tensions between pragmatism and grand theory; revisiting agency/structure debates in the light of children; the challenging of binary thought prevalent in studies around 'generations' and other aspects of sociology; the manifestation of power in time and space; the application of theories into the 'real' world through NGOs, practitioners, policy makers, politicians and empirical research. The collection will be of interest to students and scholars across a range of disciplines including childhood studies, sociology, politics and social policy, as well as policy makers and practitioners interested in the citizenship, rights and participation of children.

After years of widely acknowledging race discrimination in higher education, American government leaders, college and university officials, and at-large citizens today question the need for civil rights laws and policies. Within an important sector of the public higher education community -- roughly nineteen states that used to operate laws separating students by race -- dispute focuses upon systemwide Title VI enforcement. Two interpretations of Title VI enforcement coexist. Among conservatives, absence of continuing discrimination and continuing good faith effort signal an end to the need for government enforcement. Among more liberal stakeholders, past enforcement has been weakly undertaken despite past and currently increasing evidence of continued discrimination.

Closely reviewing evidence of past and current enforcement, Williams presents a reinterpretation: Considerable evidence of continued discrimination exists, but weak design and limited implementation provides an incomplete picture of past and current enforcement. Weak federal enforcement establishes a context for previously unrecognized unofficial state responses, and unofficial responses display important elements of a generic race relations ritual first chronicled in largely forgotten humanities and sociological literature from the 1960s. An important study for scholars, students, researchers, and policymakers of contemporary American education and race relations.

Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Hazlehurst explores the political importance of ethnicity for a minority indigenous population, the Maori of New Zealand. Drawing on close ethnographical observation and extensive interviews with key participants, Kayleen Hazlehurst provides a comprehensive narrative and analysis of the creation of the Mana Motuhake party and its formative electoral experiences. Hazlehurst places the emergence of the party in the early 1980s in the context of historical patterns of resistance and cooperation with the European majority. Modern political networks, leadership styles, mobilization strategies, ideologies, political rhetoric and symbology are examined. The study provides an overview of the contested nature of Maori ethnicity and of conflicting modern and traditional loyalties.

"Andrews does a superb job in offering solutions to familiar problems for African Americans. Complete with charts, graphs, facts and figures, the author provides readers with a vivid display of how the scales of equality, wealth and power are tipped against people of color."
--Upscale

"Andrews' aim is to paint an intellectually defensible and decidedly anti-conservative picture of the complicated tie between race and economic wellbeing."
--Booklist

"Fiery, passionate, and provocative, but also unflinchingly rigorous in its argument. It is rare for an economist to write with such fire bolstered by such a commitment to logical reasoning."
--William A. Darity, Jr

"Marcellus Andrews has written a fascinating and theoretically grounded account of the relationship between America's market economy and the prospects faced by African Americans."--"The Journal of Economic Issues"

Popular liberal writing on race has relied on appeals to the value of "diversity" and the fading memory of the Civil Rights movement to counter the aggressive conservative assault on liberal racial reform generally, and on black well-being, in particular. Yet appeals to fairness and justice, no matter how heartfelt, are bound to fail, Marcellus Andrews argues, since the economic foundations of the Civil Rights movement have been destroyed by the combined forces of globalization, technology, and tight government budgets.

The Political Economy of Hope and Fear fills an important intellectual gap in writing on race by developing a hard-nosed economic analysis of the links between competitive capitalism, racial hostility, and persistent racial inequality in post-Civil Rights America. Andrewsspeaks to the anger and frustration that blacks feel in the face of the nation's abandonment of racial equality as a worthy objective by showing how the considerable difficulties that black Americans face are related to fundamental changes in the economic fortunes of the U.S.

The Political Economy of Hope and Fear is an economist's plea for unsentimental thinking on matters of race to replace the mixture of liberal hand wringing and conservative mythmaking that currently passes for serious analysis about the nation's racial predicament.

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book's underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Speech, Media, and Ethics: The Limits of Free Expression is an interdisciplinary work that employs ethics, liberal philosophy, and legal and media studies to outline the boundaries to freedom of expression and freedom of the press, defined broadly to include the right to demonstrate and to picket, the right to compete in elections, and the right to communicate views via the written and electronic media. Moral principles are applied to analyze practical questions that deal with free expression and its limits.

This book applies the dynamic field of transitional justice to conflict resolution in Israel/Palestine. Around the globe, diverse societies have pursued truth-telling, restorative justice and reconciliation to end conflict -- yet the language of transitional justice has been all but absent in Israel/Palestine. This volume squarely addresses how transitional justice could contribute to conflict transformation and accountability, incorporating the questions of collective justice, memory, and human rights. It covers the most important historical and legal issues facing Israel/Palestine with a focus on civil societies in South Africa, Northern Ireland and Latin America. Ultimately, the book proposes an unofficial Israeli-Palestinian Truth and Empathy Commission (IPTEC) to address gross human rights abuses committed by both nations. Transitional Justice for Israel/Palestine will be of interest to researchers, NGOs, and policy makers working in transitional justice and societies with ongoing conflict.

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

This book includes original and ground breaking research into parliamentary law making and legislative responses to counter-terrorism in Australia. This book introduces new, holistic and evidenced-based methods of evaluating how parliaments deliberate on complex policy issues, and how they weigh up competing rights and interests. Although this book is focused on the Australian experience, it has relevance across all parliamentary democracies grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism. This book will be of relevance and interest to law makers, government administrators and public servants, law enforcement and intelligence agencies, political and legal scholars, law students and members of the legal profession. This book is designed to provide a unique, evidence-based perspective on Australia's parliamentary model of rights protection and on the experience of counter-terrorism law making in Australia since 2011. By focusing on the role and impact of the federal parliamentary committee system, this book offers a fresh perspective on the contemporary legal and political debate on the best legal mechanism for rights protection in Australia. By using counter-terrorism laws as a detailed case study, this book also contributes in a timely, authoritative way to the debate on balancing individual liberties with national security. Using a contemporary case study of Australia's counter-terrorism, this book employs a unique, three tiered methodology to explore the impact of the system of parliamentary committees system on federal laws. The findings in this book give rise to practical recommendations for reform and provide a fresh new perspectives on Australia's parliamentary model of rights protection. This book has broad implications for rights scholars and rights advocates contemplating new models of rights protection in Australia. This book offers important practical insights to other jurisdictions grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism.

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

Journalists have thoroughly documented David Duke's rise to prominence in Louisiana politics, but until now, few intensive analyses of the Duke phenomenon have been undertaken. This new collection identifies the significant junctures of Duke's political career, from its earliest beginnings to his recent campaigns for Governor, the Senate, and the Presidency. Through a variety of methods and approaches, the contributors to this work advance our understanding of what made this former Klansman a significant political force, and of how and why he very nearly succeeded in his attempts to gain higher office. The authors contend that the racial overtones of the 1950s and 1960s, both explicit and implicit, have returned in the 1990s in a more subtle, polished, and somehow socially acceptable way. They argue convincingly that changes in electoral politics throughout the South provide the structural basis for this "rebirth" of racially charged political campaigns. Even as messenger supplanted message in the rise of David Duke, however, one simple observation remained true: The politics of the South - and Louisiana in particular - remain rooted at least partly in, as V.O. Key phrased it, "the Negro question". The first work to study Duke and the politics of race entirely from a rigorous political science perspective, this collection makes a considerable contribution to our understanding of Duke's popularity, his constituencies, and the reasons for both his successes and his failures.