Robert Weatherley examines the role of nationalism in Chinese thinking on democracy and human rights spanning four successive periods: the late Qing, the Republic, Mao's China and post-Mao China. During this time, many of the debates in China about democracy and rights have been tied to the question of how to make China strong. The trigger is usually a perceived threat from foreign imperialism. Following the outbreak of the First Opium War in 1839, this imperialism took a military form, leading many Chinese reformers to embrace a system of democracy and rights in order to protect China from further foreign encroachments. In more recent years, the perceived threat has come from cultural imperialism, most apparent, Beijing claims, when the West criticises China for its poor record on democracy and human rights. This has led to the evolution of a distinctively Chinese model of democracy and rights that differs significantly from that deriving from the West.

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.

How do memory and remembrance relate to the specific mode of transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law. While the primary focus is a philosophical one, authors also engage in incisive analyses of historical, political and/or legal developments in their chosen countries. Examples of these include South Africa, Colombia, Rwanda, Israel and the land of Palestine, which they know all too well on a personal basis and from daily experience.

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?

Based on country reports and practical input from researchers and activists in the field, this book is an up-to-date account of the issues surrounding women's reproductive rights across Europe. The contributions provide astute theoretical analysis of existing problems and suggest innovative alternatives. The book brings together authors from academia, policy-making and international institutions to ensure comprehensive representation and thorough commentary of the issues.

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.

Since World War II, remarkable progress has been made toward establishing more effective international laws and organizations to reduce opportunities for confrontation and conflict, and to enhance the pursuit of security and well-being. This book offers a detailed record of that progress, as well as its meaning for our times and those ahead. Taking a historical, theoretical, and case-study approach, John Gibson provides the reader with a broad understanding of how international organizations evolved to serve the interests of their member states, how the constitutional charters of organizations provide a coherent statement of goals and means to goals, and how these organizations are assuming increasing authority in the international system.

The work traces the progression of international constitutional and human rights law, with an emphasis on the past 45 years. In the first part, Gibson discusses the historic processes of political relations and mutual reliance; the evolution of these patterns through World War II; the subsequent history of the United Nations; the prime goals of international constitutional law; and the organizations' range of authority--from the high state to the supra-organization level. Part two offers a case study of the progression of international human rights law. Separate chapters trace the history of human rights in religion and philosophy and the role of the state in international law, while the concluding chapter on the United Nations Commission on Human Rights demonstrates how organizations actually function. This book will be a valuable resource for courses in international relations and international law, as well as an important addition to academic and professional libraries.

We Want Land to Live explores the current boundaries of radical approaches to food sovereignty. First coined by La Via Campesina (a global movement whose name means "the peasant's way"), food sovereignty is a concept that expresses the universal right to food. Amy Trauger uses research combining ethnography, participant observation, field notes, and interviews to help us understand the material and definitional struggles surrounding the decommodification of food and the transfor mation of the global food system's political-economic foundations. Trauger's work is the first of its kind to analytically and coherently link a dialogue on food sovereignty with case studies illustrating the spatial and territorial strate gies by which the movement fosters its life in the margins of the corporate food regime. She discusses community gardeners in Portugal; small-scale, independent farmers in Maine; Native American wild rice gatherers in Minnesota; seed library supporters in Pennsylvania; and permaculturists in Georgia. The problem in the food system, as the activists profiled here see it, is not markets or the role of governance but that the right to food is conditioned by what the state and corporations deem to be safe, legal, and profitable-and not by what eaters think is right in terms of their health, the environment, or their communities. Useful for classes on food studies and active food movements alike, We Want Land to Live makes food sovereignty issues real as it illustrates a range of methodological alternatives that are consistent with its discourse: direct action (rather than charity, market creation, or policy changes), civil disobedience (rather than compliance with discriminatory laws), and mutual aid (rather than reliance on top-down aid).

The doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country's profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state's jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J.B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.

This timely and innovative book delivers a comprehensive analysis of the non-recognition of the right to a family life of migrant live-in domestic and care workers in Argentina, Canada, Germany, Italy, Lebanon, Norway, the Philippines, Slovenia, South Korea, Spain, the United Arab Emirates, the United States of America, and Ukraine.

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.

This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.

One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated 'civilising mission' of the contract, a notion which itself constitutes the canon of the Western liberal principle of 'civilised economy'. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law's development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Since the 1970s, the international community of states has demonstrated increasing willingness to invest UN institutions with politico-ethical authority to act on its behalf in addressing human rights abuses. Through trial and error, some of these institutions have had a degree of success in securing better practical observance of international human rights standards. Flood examines the reasons why some structural approaches have had more impact than others. He argues that states must make policy choices in an environment where many political actors operate simultaneously and where several state interests are in play simultaneously. This situation creates the political space in which community structures can operate to influence behavior. Because states require the active or tacit cooperation of other states to promote their interests, they seek to avoid prolonged political isolation. Thus, the most effective UN human rights institutions are those linked in meaningful ways with Charter-based human rights mechanisms. These mechanisms--thematic and country-specific--have different structural advantages, and their concrete effectiveness depends on the specific circumstances of the particular case they are asked to address. There is evidence that they have greater impact when employed simultaneously, as well as when key states support their efforts bilaterally. Through case studies, Flood analyzes the work of the thematic mechanisms on disappearances and religious discrimination and the country-specific mechanisms used with Chile and Iran. He concludes that Charter-based UN human rights institutions have become an enduring part of the international environment and that their activities havestrengthened the concept and practice of state accountability to the international community for human rights conduct.

A timely, original study of the emergence of a new type of thinking about children and their rights in contemporary urban China, which draws on diverse evidence from Chinese government, academic, media, and pedagogic publications, as well as on participant observation and interviews in two primary schools and among elite and middle class families in Shanghai, China. Drawing on rich, ethnographic data, this book debunks many popular and scholarly stereotypes about the predominance of Confucian ideas of parental authority in China or about the indifference to individual human rights in the political and public culture of the PRC. This book also recognizes the complexities and conflicts that exist in Chinese discourses about and practices toward children, as older ideas of filiality, neoliberal ideologies, and the new awareness of children's right to privacy, to expressing their views, and to protection against violence compete and collude in complicated, often contradictory ways.

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the "right to development" within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author's professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

Personal narratives have become one of the most potent vehicles for advancing human rights claims across the world. These two contemporary domains, personal narrative and human rights, literature and international politics, are commonly understood to operate on separate planes. This study however, examines the ways these intersecting realms unfold and are enfolded in one another in ways both productive of and problematic for the achievement of social justice. Human Rights and Narrated Lives explores what happens when autobiographical narratives are produced, received, and circulated in the field of human rights. It asks how personal narratives emerge in local settings; how international rights discourse enables and constrains individual and collective subjectivities in narration; how personal narratives circulate and take on new meanings in new contexts; and how and under what conditions they feed into, affect, and are affected by the reorganizations of politics in the post cold war, postcolonial, globalizing human rights contexts. To explore these intersections, the authors attend the production, circulation, reception, and affective currents of stories in action across local, national, transnational, and global arenas. They do so by looking at five case studies: in the context of the Truth and Reconciliation processes in South Africa; the National Inquiry into the Forced Removal of Indigenous Children from their Families in Australia; activism on behalf of former 'comfort women' from South/East Asia; U.S. prison activism; and democratic reforms in the aftermath of the Tiananmen Square Massacre in China.

In an EU increasingly worried about the security of its citizens and its territory, how should the European Parliament make policy decisions in these areas? This study investigates how the empowerment of the European Parliament has led it to abandon its defence of civil liberties in order to become a full partner in inter-institutional negotiations

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

Many books on human rights either concentrate on human rights as fundamental moral rights with little attention to international human rights, or discount moral human rights and focus on international human rights. The Moral Dimensions of Human Rights takes a broad approach by discussing all three species of human rights - moral, international, and national -at length. At the same time, Carl Wellman pays special attention to the moral reasons that are relevant to each kind of human rights.
The book has three parts. In the first, Wellman develops an original view of the nature and grounds of moral human rights based on his previous publications in the general theory of rights, especially Real Rights. The next part explains how moral human rights are relevant both to the justification and to the interpretation of human rights in international law and identifies several other relevant moral considerations. In the third part, the author argues that different kinds of moral and international human rights ought to be incorporated into national legal systems in four distinct ways-recognition in a written constitution, judicial decisions, legislation, and ratified human rights treaties.

The struggles of the 1960s brought about far-reaching changes, not only an end to legalized segregation and discrimination nationwide, but a change in the consciousness of both whites and blacks. After nearly three decades, however, black hopes for equality, particularly in the economic realm, are frustrated by political reaction and economic pressures. This collection of essays looks at the history of the black struggle and at the policies and political and economic realities that have brought progress to a near standstill. In an introductory chapter, Julian Bond reviews two and a half decades of black struggle, giving particular attention to the shifting fortunes of the movement for black freedom and equality and the recent worsening of black poverty relative to the condition of the affluent majority. Several authors focus on the leadership of the civil rights movement, including neglected women leaders, and the history of the movement as a whole. Others analyze the experience of desegregation as it has affected both whites and blacks. Additional areas explored are the continuing problem of de facto segregation in schools, the condition of blacks in the workplace, and attempts to improve the situation of inner-city black youth. The volume concludes with an examination of options and strategies for reanimating the black agenda in the coming decades. The work of a distinguished group of scholars in the field, this book will be of interest to anyone concerned with race relations, policy issues, the civil rights movement, and U.S. political and social history.

Rethinking Children's Rights explores attitudes towards and experiences of children's rights. Phil Jones and Sue Welch draw on a wide range of thought, research and practice from different fields and countries to debate, challenge and re-appraise long held beliefs, attitudes and ways of working and living with children. This second edition contains updated references to legislation and research underpinning children's rights, reflecting on recent scholarship and on the current world context. New research and examples are discussed around: - online protection and privacy - evaluating UK progress and the children's rights review by the United Nations - recent insights on the implementation of the United Nations Convention on the Rights of the Child (UNCRC) - new debates about the construction and development of children's rights - new debates about the relationships between social exclusion and children's rights Recent developments in the definition of rights are considered from a variety of perspectives and in relation to different arenas of children's lives. This second edition brings an increased focus on exploring the notion of disjunction between the rhetoric of policy and legislation and the enacted and perceived experiences of children's rights. Themes discussed include power relations between adults and children, the child's voice, intercultural perspectives, social justice, gender and disability. Examples of research, activities, interviews with researchers and guidance on further reading make this an essential text for those studying childhood.

Bringing together a diverse group of contributors, this collection addresses the impact of transnational corporations on human rights. Topics covered include corporate social responsibility; the impact of corporations on internal conflicts, and codes of conduct. Case studies range from the negative effects of the Nigerian oil industry to the positive engagement by a logging company with the Nuu-chah-nulth people in Canada. The book uniquely combines the discussion of conceptual issues with an in-depth examination of specific corporations and industries.

Providing explanations of the terminology, issues, organizations, and laws, this thoroughly revised and updated reference work reflects the growing international concern over human rights. Including over 200 clear and concise alphabetically arranged entries, A Dictionary of Human Rights is an essential resource for anyone concerned with human rights. Key Features: * Entries explaining terms connected with human rights such as Asylum, Equal Opportunities, Freedom of Speech, Representation, and Civil Liberties * Entries on organizations concerned with human rights such as Amnesty International, The European Court of Human Rights, and The American Civil Liberties Union * Outlines the significance of eminent thinkers such as Locke, Cardozo, and Nozick * Places key terms in their legal and constitutional context, with examples and explanations of their implications * Legal terms such as Injunction, Probable Cause, Clear and Present Danger, and Stop and Search are explained clearly and succinctly * An appendix containing texts and extracts of leading documents, such as The Declaration of the Rights of Man and the Citizen and The Universal Declaration of Human Rights.

Of all amendments to the U.S. Constitution, the Fourth has been called the most ambiguous, and it is from that amendment that search and seizure laws are primarily drawn. Students will learn about the legal issues and cases argued concerning protection of property and privacy, searching homes and businesses, searching people in public places, searching automobiles and baggage, and wiretapping. The Exclusionary Rule and the right to privacy beyond search and seizure are specifically examined in detail.