John Rawls' text The Law of Peoples has inspired extensive scholarly debate in the field of international political theory, since its publication in 1999. Responding to the arguments of cosmopolitan theorists and Amartya Sen's recent critique, this new work presents a fresh appraisal of the debate, and argues that Rawls offers a persuasive and prescient moral perspective on issues of global poverty and development. By elaborating one of Rawls' core ideas, 'the duty of assistance', the book offers a unique theoretical response to the ideal of global justice. The duty is presented as a far-reaching principle of justice, one that advocates increasing the state capability of burdened societies, and aims to compel the most powerful states to reform international structures and provide aid, in a constructive and culturally sensitive manner. The aim of assistance is the strengthening of democratic, or 'decent' indigenous institutions and the promotion of the freedom of peoples. On Rawls, Development and Global Justice is an original contribution to current debates on international redistribution, democracy promotion and global poverty.

Manzo examines, by means of historical analysis, the effects of global power relationships on the politics of South Africa. The author looks at the ways in which global power constructs identity, normalizes relations of domination, and shapes the form that resistance takes. She asks, for example, why dominated people are so often waging conflicts among themselves rather than directing their resistance unfailingly toward their oppressors. Why, too, is open defiance relatively rare and mass action infrequently used?

South Africa, as an example, is used to illustrate the much broader experience of oppressed populations as they struggle against western domination. The book vividly portrays the complexity of relationships in South Africa and the role played by black resistance in economic and political change over time. Manzo's sound interpretation unifies and enriches the historical progression and establishes a solid foundation for analyzing the lessons South Africa offers about the use of power in international relations.

The Bill of Rights-the first 10 amendments to the U.S. Constitution-are widely misunderstood by many Americans. This book explores the widely held myths about the Bill of Rights, how these myths originated, why they have persisted, and the implications for contemporary politics and policy. Interestingly, most Americans today-even professional political commentators-misinterpret or misunderstand what the Bill of Rights' intended meaning and purposes were. Culturally ingrained myths about the Bill of Rights have helped to define what it means to be an "American" but also limited the range of political debate and justified unfair and unequal treatment of minorities. This book addresses the top ten myths regarding the Bill of Rights from the standpoint of public understanding (and misunderstanding) from a non-partisan, objective point of view, provoking independent thought and enabling readers to reach their own educated conclusions and opinions. Written by two experts in the fields of political science, public policy, media law, and civil liberties, the work explores the key role of modern news and entertainment media in contributing to public misunderstanding of individual rights and liberties. The authors also apply and interpret data from public opinion surveys to further examine public beliefs about the Bill of Rights and closely connect the analysis of misperceptions to existing political beliefs. Carefully separates out widely held contemporary beliefs about the Bill of Rights and connects them to debates over meaning, enabling readers to see how the meaning of rights is historically and contextually determined Explores the Bill of Rights in the context of myths that define the American political culture Provides an even-handed but incisive analysis of individual myths, pointing out where both the left and the right often misinterpret the true meaning of the Bill of Rights Places the debates regarding rights in contemporary politics and modern society by considering the complex challenge of protecting individual freedoms in the context of a digital age, international terrorism, and ongoing threats to national security

Much has been written In English about the experiences and treatment of immigrants from south of the Rio Grande once they have entered the United States. But this account, by the itinerant, effervescent and highly original journalist Belen Fernandez, offers a different and wholly original take. Belen Fernandez shows us what life is like for would-be migrants, not just from the Mexican side of the border but inside Siglo XXI, the notorious migrant detention center in the south of the country. Journalists are prohibited from entering Siglo XXI; Fernandez only gained access because she herself was detained as a result of faulty paperwork when she attempted to return to the US to renew her passport. Once inside the facility, Fernandez was able to speak with detained women from Honduras, Cuba, Haiti, Bangladesh, and beyond. Their stories, detailing the hardships that prompted them to leave their homes, and the dangers they have experienced on an often-tortuous journey north, form the core of this unique book. The companionship and support they offer to Fernandez, whose antipathy to returning to the United States, the country they are desperate to enter, is a source of bemusement and perplexity, demonstrates a spirited generosity that is deeply moving. In the end, the Siglo XXI center emerges as a strikingly precise metaphor for a 21st century in which poor people, effectively imprisoned by American political and economic policies, nevertheless display astonishing resilience.

The free movement of labour will be one of the key elements of the Single Market soon to be implemented, One would therefore expect that efforts would have been made to harmonize social policies, especially on the legal status of workers. But the existing EC Treaty contains no provision and the Community Charter of the Fundamental Social Rights of Workers of 1989 fails to fill the gap. The Charter delegates the socio-political responsibility in almost all points to the member states. Yet the constitutions of most refer to general human rights only. The author here stresses the importance of economic and social human rights which, like human rights in general, have their roots in the Enlightenment, especially in the works of Montesquieu, Adam Smith and Kant.

What are human rights? Why do we have them? How do we know for sure which rights are specific to humans? And how should we respond when we disagree on them and on the obligations we owe to others who claim human rights? These are just a few of the questions taken up in this broad-ranging and systematic introduction to the theory of human rights. The author draws on both traditional perspectives and current debates in the field to address key contemporary issues and conceptual questions. She asks whether or not human rights can be said to be universal, and whether human rights can encompass global justice, environmental rights and global security for future generations. In addition she explores the particular effects of differences of gender, sexuality, culture and religion on the nature of human rights in contemporary society, and the implications these might have for international legal and political regimes. Providing a comprehensive and accessible account of the key theoretical ideas in the field, this text is essential for those seeking to understand the importance of human rights in shaping the moral and political claims of individuals, cultures and societies across the world.

Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

This book offers the first comprehensive and in-depth analysis of the provisions of the 'Malabo Protocol'-the amendment protocol to the Statute of the African Court of Justice and Human and Peoples' Rights-adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples' Rights with jurisdiction over international and transnational crimes, hence an 'African Criminal Court'. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universitat zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi'an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Munster (Germany) and his postdoctoral degree from Humboldt-Universitat zu Berlin. He is a Senior Researcher at Humboldt-Universitat, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China's domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

This book is the first comprehensive biography of Lemkin based on his papers. It highlights the role of culture in Lemkin's campaign for a Genocide convention and his use of the concept in historical research. It throws fresh light on the attempt by the British government to block the convention. This book is the first complete biography of Raphael Lemkin, the father of the United Nations Genocide Convention, based on his papers; and shows how his campaign for an international treaty succeeded. In addition, the book covers Lemkin's inauguration of the historical study of past genocides.

A detailed biography written soon after its subject's tragic death. The appendixes include texts of some of King's most famous speeches.

What is the nature and purpose of women's sexuality? How does women's sexuality relate to femininity, masculinity, and violence against women? What effect does sex role socialization have on women's sexual relations? To what extent have sexual behavior, expectations for intimacy, and sex research been shaped by a male-dominant society? These questions and more are addressed in Sexual Salvation, an open-minded and comprehensive celebration of cultural and sexual diversity. Relying on her 21-years' experience as a feminist sex-researcher, clinical psychologist, and college professor, the author illuminates the wide-ranging experiences women have had with sexuality and intimacy. Linking new feminist scholarship with emerging social science and therapist work, she makes contributions to understanding women's sexuality clear, logical, and appealing for a broad group of readers--women and men alike. The Cold War might be over but the Women's Sex and Culture War continues in full force. Women argue with men and each other. Politically conservative individuals argue among themselves and most of all with feminists. But feminists are far from united: one group argues persuasively that women are men's sexual victims and require additional protection; the opposing feminist group argues just as articulately that women deserve sexual autonomy, not increased restrictions under the guise of protection. Sexual Salvation, written by Naomi McCormick, a distinguished feminist sex researcher, offers relief from divisive, extremist rhetoric. In her undogmatic, meticulously researched, and beautifully written book, McCormick acknowledges the contributions of all feminists to the affirmation of women's sexual rights and pleasures. Here for the first time is a book about and for all women, not just the white, middle-class, heterosexual, able-bodied women addressed by most popular authors (including many feminists). This is an inclusive and sensitive book that touches upon the sexuality of all women: women of color, women of all sexual orientations, women of all ages, women who live with disabilities and chronic illness, poor and working class women--as well as women from socially privileged groups. More valuable still, McCormick backs up her ideas with a solid grasp of multidisciplinary scholarship. Scholars and general readers alike will find Sexual Salvation remarkable for its seamless integration of sex research and feminist and psychotherapeutic literature; and--most compelling--for its honesty.

Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

This volume brings together a range of practical and theoretical perspectives on responsibility in the context of refugee and migrant integration. Addressing one of the major challenges of our time, a diverse group of authors shares insights from history, philosophy, psychology, cultural studies, and from personal experience. The book expands our understanding of the complex challenges and opportunities that are associated with migration and integration, and highlights the important role that individuals can and should play in the process. Interview with the authors: https://youtu.be/HDkaN_PBBF8

This text provides insights into the field of international human rights politics - the protection of children and their rights - by looking at the negotiations leading to the 1989 UN Convention on the Rights of the Child.

Focusing on international social justice drama in its current local, national, and international manifestation, this interdisciplinary approach explores the relationship of contemporary dramatic forms to human rights issues. Over examines the artistic styles, goals, and thematic interests of dramatists and film directors of works of social commitment. He also considers the conditions and economics of wide audience appeal that prevent Hollywood and many independent filmmakers from effectively addressing these politically explosive issues. In contrast, differing cultures and economic concerns result in third world filmmakers and playwrights producing more comprehensive expositions of social issues. Considering a selected group of film and stage movements the author concludes with an optimistic prediction for political drama in the new century. This informed discussion will appeal to film, theatre, and cultural studies scholars.

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Published under the auspices of the Consortium on Human Rights Development, this book presents a comparative analysis of two legal instruments: one national--the New Tanzanian Bill of Rights--and the other regional--The African Charter on Human Rights and People's Rights. Both are important for the purposes of protection and promotion of human rights. Human Rights in Africa records the movement towards anarchy and dictatorship in Africa which contributed tremendously to the new thinking and re-thinking about the need to respect human dignity in Africa. In this book, the author poignantly illustrates the national disregard of human rights. Taking the case of Tanzania, Peter shows various incidents of violation of human rights. He then cites examples of violations at different levels in other African and Third World countries. Part One of the book presents an historical examination of the Tanzanian Bill of Rights and the African Charter on Human and People's Rights. Part Two offers a thorough comparison of these two legal instruments. Part Three covers the entire scope of people's rights and Parts Four and Five take a look at the enforcement mechanism of these legal instruments. Part Six presents the author's conclusions and summary statements. Both the New Tanzanian Bill of Rights and the African Charter on Human and People's Rights can be found in their entirety in the Appendix. This book makes informative reading to anyone interested in international law, African history, human rights and related subjects.

Does the lethal use of drones pose any new or difficult moral problems? Or is the controversy over these weapons merely a distraction from deeper questions regarding the justice of war and the United States' bellicose foreign policy? Opposing Perspectives on the Drone Debate pulls no punches in answering these questions as five scholars square off in a lively debate over the ethics of drones and their contentious use in a point-counterpoint debate. The contributing authors are some of the foremost thinkers in international affairs today, spanning the disciplines of philosophy, sociology, political science, and law. Topics debated range from the US's contested policy of so-called "targeted killing" in Pakistan's tribal regions to fears over the damaging effects such weaponry has on our democratic institutions to the more abstract moral questions raised by killing via remote control such as the duty to capture over kill.

Moody presents the thesis that post-Confucian' societies are influenced by the legacy of a strong state ruling over a weak social structure. Ruling and opposition elites thus tend towar factionalism based on personal ties, and also to moralistic' rather than interest-based criticism, which often leads to extreme and irresponsible' political behavior. Moody applies this thesis to all the post-Confucian states of East Asia in uneven chapters on Taiwan, South Korea, South Vietnam, China, North Korea, Vietnam as a whole, and Japan. . . . Moody's witty and cynical style . . . and an elegant thesis make this work suitable for advanced undergraduates and graduate students as well.

No country in the Confucian cultural area has shown great tolerance for competitive politics. China, Taiwan, the two Koreas, and Vietnam are either authoritarian or totalitarian in political structure. Thus Peter R. Moody, Jr., begins his comparative study of the historical backgrounds and contemporary political situations in post-Confucian states. "Political Opposition in Post-Confucian Society" studies the obstacles to democratization in East Asia. Japan, writes Moody, of the only exception to the political structure of this region, has not yet proven itself a competitive democracy and the present democratic system was imposed by foreign occupation. This book demonstrates how a similar logic of politics pervades these societies despite differences in culture and political institutions.

Moody provides an up-to-date analysis of politics in these countries and examines contemporary developments in a historical and cultural context.

While the crisis in Central America is receiving attention from scholars in a variety of disciplines, few works have focused on the role of nongovernment organizations in reducing levels of violence in that region. This remarkable case study examines the resilient struggle by workers at the Guatemala Coca-Cola bottling plant from 1976-1986, and documents why this union was able to survive within a repressed government to become a key factor in stimulating a larger independent labor movement in the country. Scholars of political sociology, labor studies, and the governments and politics of Central America will do well to read this volume.

Human Rights and the Third World: Issues and Discourses deals with the controversial questions on the universalistic notions of human rights. It finds Third World perspectives on human rights and seeks to open up a discursive space in the human rights discourse to address unresolved questions, citing issues and problems from different countries in the Third World: 1. Whether alternative perspectives should be taken as the standard for human rights in the Third World countries? 2. Should there be a universalistic notion of rights for Homo sapiens or are we talking about two diametrically opposite trends and standards of human rights for the same species? 3. How far these Third World perspectives of human rights can ensure the protection of the minorities and the vulnerable sections of population, particularly the women and children within the Third World? 4. Can these alternative perspectives help in fighting the Third World problems like poverty, hunger, corruption, despotism, social exclusion like the caste system in India, communalism, and the like? 5. Can there be reconciliation between the Third World perspectives and the Western perspective of human rights?

Human information and communication technology (ICT) implants have developed for many years in a medical context. Such applications have become increasingly advanced, in some cases modifying fundamental brain function. Today, comparatively low-tech implants are being increasingly employed in non-therapeutic contexts, with applications ranging from the use of ICT implants for VIP entry into nightclubs, automated payments for goods, access to secure facilities and for those with a high risk of being kidnapped. Commercialisation and growing potential of human ICT implants have generated debate over the ethical, legal and social aspects of the technology, its products and application. Despite stakeholders calling for greater policy and legal certainty within this area, gaps have already begun to emerge between the commercial reality of human ICT implants and the current legal frameworks designed to regulate these products. This book focuses on the latest technological developments and on the legal, social and ethical implications of the use and further application of these technologies.

The New Left was founded in 1962, and as a social and political protest movement, it captured the attention of the nation in the Sixties. By 1968, the New Left was marching in unison with hundreds of political action groups to achieve one goal—the end of the war in Vietnam. Under J. Edgar Hoover's direction, the FBI went from an intelligence collection agency during WWII, to an organization that tried to undermine protest movements like the New Left. Hoover viewed the New Left as a threat to the American way of life, so in an enormous effort of questionable legality, the FBI implemented some 285 counter-intelligence (COINTELPRO) actions against the New Left. The purpose of COINTELPRO was to infiltrate, disrupt, and otherwise neutralize the entire movement. In truth, the FBI intended to wage war on the antiwar movement. In this real-life spy story—J. Edgar Hoover and his G-Men, wiretaps, burglaries, misinformation campaigns, informants, and plants—Davis offers a glimpse into the endlessly fascinating world of the Sixties. Kent State, Columbia University, Vietnam Moratorium Day, the 1968 Democratic National Convention, the Cambodian invasion and March Against Death are all examined in this riveting account of the longest youth protest movement in American history. This is the only book devoted entirely to the New Left COINTELPRO, and the first one written after the declassification of more than 6,000 counterintelligence documents that reveal the true nature and extent of the FBI's Assault on the Left.