In 1998 the Council of Europe Framework Convention for the Protection of National Minorities entered into force. This study evaluates how the standards of the Framework Convention function in reality and whether the interests of minorities are best served by this form of protection by the international community. The author assesses the use of international principles on rights for minorities in Slovakia, Romania and Bulgaria, three states with a difficult socio-economic situation and large minority populations. Two specific principles embodied in the Framework Convention are focused upon. The first, the principle of non-discrimination, is discussed with regard to the Roma minority in Slovakia, Romania and Bulgaria, the Muslim minority in Bulgaria, and in relation to the Benes Decrees affecting the Hungarians and German minority in Slovakia. The second principle, protection of linguistic rights, is discussed in relation to the Hungarian minority in Slovakia and Romania and to the Roma minorities. Specific to this book: * Provides a detailed examination of the Council of Europe Framework Convention for the Protection of National Minorities, which entered into force in 1998 * Looks specifically at the minorities of Slovakia, Romania and Bulgaria * Of particular interest in light of the recent accession of other Eastern European countries to the European Union

From protest to challenge is a multi-volume chronicle of the struggle to achieve democracy and end racial discrimination in South Africa. Beginning in 1882 during the heyday of European imperialism, these volumes document the history of race conflict, protest, and political mobilisation by South Africa’s black majority. Completely revised and updated, with the inclusion of photographs and with the previous volumes re-formatted to unify the series, this second edition of From protest to challenge revives the classic work of Thomas Karis and Gwendolen Carter and provides an indispensable resource for students and scholars of African history, race and ethnicity, identity politics, democratic transitions and conflict resolution. The authors gratefully acknowledge the assistance and generosity of all those who helped to make this book possible. During two extended periods of pioneering field research by Gwendolen Carter, Thomas Karis, and Sheridan Johns in South Africa in 1963 and 1964 – a period of growing political tension – dozens of South Africans gave them documents or loaned them material to photocopy, often in the hope of preventing irreplaceable records from falling into the hands of the police. In addition, lawyers for the defendants in the 1956–61 treason trial contributed a complete set of the trial transcript and the preliminary examination, as well as a set of virtually all the documents assembled by the defence in preparation for the trial. Added to the materials that the team was able to photocopy from archival collections at several South African universities and at the South African institute of race relations, these months of fieldwork provided the initial foundation for what was to become the first four volumes of From protest to challenge.

Written by authorities on the legal systems of France, Britain, Germany, the United States, Israel, and Canada, this book explores the growing confrontation between democracy and racist incitement. The authors consider existing and prospective laws as they trace the efforts to enact and enforce laws that can curb racism in the early stages of its growth without violating democratic freedoms.

Throughout the book, the authors discuss their own legal and political cultures and how the subject countries are affected by historical encounters with racism. Both France and Britain have strong racist political forces and existing laws to combat them. Special attention is given to Le Pen, whose electoral support has been estimated nationally at more than twenty percent, and to the effect Britain's new legislation has had on the country's racist movement. The United States represents a case where strong constitutional guarantees against impingement upon freedom of expression have prevented the passage or juridical validation of laws restricting racist incitement. Israel finds itself struggling to define a legal remedy that can be used against racist incitement by the Kahane movement. Canada, now seeking a legal climate that will foster multiculturalism, strives to define laws against incitement that will be consistent with its newly established Charter of Freedom. And Germany, as it faces the enormous problems resulting from unification, is forced to reflect upon its own past and the challenges that an active racist movement poses for the country's future. Recommended for sociologists, political scientists, and criminal law specialists.

This volume presents a range of topical investigations into the human rights field as well as providing an original and provocative investigation of some of the topic through the theoretical lens of silence.

Calhoun innovatively examines how the ideology of liberal democracy influences one of the most contentious and potentially traumatic and divisive issues facing countries transitioning from authoritarian regimes to democracy: how to confront the past violations of human rights. Competing views of liberal democracy frame debates about how to confront the past and in particular how to deal with the truth of systematic human rights violations. Democratic values may not determine the precise method of dealing with the past--whether through truth commissions, lustration, or tribunals--but the very process of debate inherent in democratic theory and practice has important implications for the perceived fairness of the result. These implications are examined through a comparison of transitional justice in East Germany, Poland, and Russia. The result is a provocative integration of democratic theory and comparative politics.

A detailed, scholarly reassessment of developments in Cambodia since December 25, 1978, when Vietnamese combat soldiers expelled the ruthless Pol Pot regime. "Genocide by Proxy" is an account of a country at war and of a people consigned to the role of pawn in world politics. Michael Haas contends that Cambodia became an arena for superpower conflict and thus could only find peace when the superpowers extricated themselves from the country. In providing perhaps the best explanation of the causes of the Cambodian tragedy, Haas exposes the narcissism that reigns when one state forces another to be its pawn. Haas' analysis entails a study in comparative foreign policies, an exercise that has theoretical merit for political scientists in search of paradigms of political behavior. Challenging the conventional view of Vietnam as the aggressor, this volume vindicates VietnaM's role in the Cambodian conflict, while at the same time revealing the treachery of U.S. foreign policy toward Cambodia. Much of the information in the book is based on Haas' own interviews with more than 100 key international figures and on primary documents.

In an introductory chapter devoted to the basic facts of how genocide by proxy began, Haas sets forth the history of Pol Pot's rise and fall. The first three parts of the book, which deal with proxy war, proxy peace, and deproxification, are related in the style of the film Rashomon and detail how each country perceived events and framed policies to use the conflict for its own ends. The final chapter suggests an alternative to this world of superpower chess games. The two appendices contain records of voting in the United Nations on Cambodia. "Genocide by Proxy" provides a truly fresh assessment of Cambodia that will prove invaluable in courses in Asian studies, international relations, and peace research.

Today, gender and gender identity is at the forefront of discussion as the plight of women around the world and issues of gender equality and human rights have become an international concern for politicians, government agencies, social activists, and the general public. Discourse Analysis as a Tool for Understanding Gender Identity, Representation, and Equality provides a thorough analysis of what language use and linguistic expression can teach us about gender identity in addition to current discussions on topics related to women's rights and gender inequality. Focusing on issues related to women in developing countries, workplace inequalities, and social freedom, this publication is an essential reference source for researchers, graduate-level students, and theorists in the fields of sociology, women's studies, economics, and government.

A Raisin in the Sun is the first play by a black woman to be produced in a Broadway theater. First performed in 1959, before the civil rights and women's movements came to the fore, it raises issues of segregation, family strife, and relationships between men and women that are both representative of the time and timeless in their universality. This interdisciplinary collection of commentary and forty-five primary documents will enrich the reader's understanding of the historical and social context of the play. A wide variety of primary materials sheds light on integration and segregation in the 1950s and 1960s; relationships between African Americans and Africans; relationships between men and women within African American culture; Chicago as a literary setting for the play; and contemporary race relations in the 1990s. Documents include first-person accounts, magazine articles and editorials espousing opposing arguments, excerpts from the works of Toni Morrison, W.E.B. DuBois, Marcus Garvey, bell hooks, Malcolm X, and Richard Wright, and a selection of pertinent government documents and eye-opening statistics. Many of the documents are available in no other printed form. Each chapter concludes with study questions and topics for research papers and class discussion, as well as lists of further reading for examining the themes and issues raised by the play. The casebook begins with a literary analysis of the play, its themes and dramatic structure. Two chapters on the historical context provide commentary and documents on the history of segregation and integration in the United States, focusing on segregation in employment and education as well as in housing, and relationships betweenAfrican Americans and Africans and the back to Africa movement. A chapter situates the play within the context of the literature of Chicago, including articles about race problems, as well as excerpts from Upton Sinclair's The Jungle, Richard Wright's Native Son, Carl Sandburg's poem "Chicago," and other pieces. The topic of the relationship between African American men and women is explored in a variety of articles on the African American family, black fatherhood, black masculinity, and the problems of African American women. A chapter on contemporary race relations examines the current situation and includes first-person accounts by two African American teenagers, current employment statistics for African Americans, and articles on current problems facing them. Each document is preceded by an explanatory introduction, and each chapter concludes with study questions and topics for research papers and class discussion, as well as lists of further reading for examining the themes and issues raised by the play.

Exploring the most formidable human rights challenges facing the Middle East--the rights of women, minorities, migrant workers, those of various sexual orientations, and the rights of all people to engage in civil disobedience--this volume addresses the extent to which dynamics surrounding human rights conditions in the region conform to or diverge from such dynamics in other parts of the world. Offering wide-ranging and rich analyses, the contributors to this volume argue that for human rights to be effectively enforced, they must be locally justified and achieved. The 2011 Arab revolts demonstrate that the people of the region can shape the condition of human rights in their societies.

The first comprehensive statistical analysis of human rights attainments and improvements over time, this book seeks to answer the question, Why do some countries better observe human rights than others, and what can be done to advance the cause of human rights around the world? Haas's data support his argument that economic sanctions against countries that violate human rights are likely to be counterproductive. When information flows more freely and economies are more pluralistic, competing political parties emerge, and basic human rights are increasingly respected. When liberal democracies have sufficient prosperity to adopt welfare state policies, women's rights are most likely to advance.

Although social legislation in the United States is always in the tradition of social reform rather than fundamental social change, the 1960s are considered a progressive period because of the union of government and societal obligations; class consciousness was aroused, and the redistribution of power and resources were salient issues. In Civil Rights and the Social Programs of the 1960s, Marcia Bok describes the background, analyzes the process of decision making, and traces the passage of selected landmark decisions of the 1960s. She tracks the changes that have occurred in this legislation in the last two decades, and discusses the current and possible future status of social policies and programs.

The legislation examined is chosen for its diversity and reflection of Great Society programs, and includes: The Civil Rights Act, 1964; The Community Mental Health Centers Act, 1963; The Economic Opportunity Act, 1964; Medicare and Medicaid, 1965; and Head Start, 1965. Bok considers the concepts of equality and social justice as the bases for the social legislation discussed, and includes analysis of historical, political, and legal aspects of the civil rights movement and concurrent events.

The papers in this book have been collected in celebration of Carl Wellman, who, after forty-five years, is retiring from teaching. Here I would like to highlight a few of the moments which have shaped Carl as a person and a philosopher. Although his childhood was not unhappy, Carl faced considerable challenges growing up in Manchester, New Hampshire. He ne ver knew his father; he and his mother, Carolyn, had little money; and he fought a long battle with Stevens-Johnson Syndrome, an illness which made hirn more familiar with hospitals than any young person should be. (His mother once told me that there were times when the doctors put Carl in his own hospital room because, while he was too young to be housed with adult men, they did not want the other children to see hirn die. ) Following a year of physician-prescribed rest after high school, the doctors recommended the University of Arizona in the misguided hope that the desert climate might improve his health. In spite of the doctors' hopes, life in Tucson was not easy. The heat takes its toll on everyone, but the desert was especially oppressive for Carl since his unusually sensitive eyes were no match for the intense sun. Still, Carl enjoyed college.

The human rights regime is one of modernity's great civilizing triumphs. From the formal promulgation of the Universal Declaration of Human Rights in 1948 to the subsequent embrace of this declaration by the newly independent states of Africa, human rights have emerged as the primary discourse of global politics and as an increasingly prominent category in the international and domestic legal system. But throughout their history, human rights have endured sustained attempts at disenfranchisement. In this provocative study, Linda Hogan defends human rights language while simultaneously reenvisioning its future. Avoiding problematic claims about shared universal values, Hogan draws on the constructivist strand of political philosophy to argue for a three-pronged conception of human rights: as requirements for human flourishing, as necessary standards of human community, and as the basis for emancipatory politics. In the process, she shows that it is theoretically possible and politically necessary for theologians to keep faith with human rights. Indeed, the Christian tradition -- the wellspring of many of the ethical commitments considered central to human rights -- must embrace its vital role in the project.

Ahsan Ullah provides an insightful analysis of migration and displacement in the Middle East and North Africa. He examines the intricate relationship of these phenomena with human rights, safety concerns and issues of identity crisis and identity formation.

This book presents a detailed exploration of continuity and change in the British debates and policies relating to ethnic diversity since 9/11, focusing in particular on key policy areas which include the prevention of terrorism and citizenship, forced marriage, and the resentment of the 'white working class'. It offers an original perspective, which assesses the evolution of multiculturalism as a policy guideline in the United Kingdom and suggests that, while the rhetoric of multiculturalism has been toned down by successive governments since 2001, British debates and policies have continued to reflect a specific sensitivity to ethnic diversity.

"The Challenge of Human Rights" traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today's increasingly globalized world.
Provides an engaging study of the origin and the philosophical and political development of human rights discourse.
Offers an original defence of human rights.
Explores the significance of human rights in the context of increasing globalisation.
Confronts the major objections to human rights, including the charge of western ethical imperialism and cultural relativism.

Argues that human rights logically culminate in an ethical cosmopolitanism to reflect the moral unity of the human race.

This book provides a comprehensive coverage of crucial issues concerning EU co-operation and European security. At present, Europe is confronted with a number of serious common and global challenges, the most important being the economic crisis, migration issues, geopolitical tensions at its external borders, terrorism, climate change and environmental challenges. These developments have a huge impact on the stability and security of the continent as a whole and on each individual European country. Europe, more particularly the European Union, has to organize its governance and security infrastructure in such a way that it can cope with these global threats. This edited volume collects a number of topics and themes connected to the governance and/or security dimensions of EU co-operation. The book is divided into several parts, which deal respectively with the values and general principles of EU co-operation; institutional aspects of EU co-operation; a number of individual policy domains; areas of European criminal law; the external relations of the EU; and the future functioning of EU co-operation as a whole. The eighteen chapters, written by a team of experts with extensive practical and academic experience, contain insights and information valuable to researchers, students, practitioners and policy makers concerned with EU law and international law.About the editors Jaap de Zwaan is Lector European Integration at The Hague University of Applied Sciences, and Emeritus Professor of the European Union Law at Erasmus University Rotterdam. He served for nearly twenty years as a member of the Diplomatic Service of the Dutch Ministry of Foreign Affairs, where he worked notably in the domain of European integration. He was also the Director of the Netherlands Institute of International Relations Clingendael in The Hague for almost six years. Martijn Lak is a historian and a Lecturer and Researcher at the Department of European Studies of The Hague University of Applied Sciences. He studied Journalism and History at the University of Applied Sciences Utrecht, and obtained his Ph.D. in 2011. Martijn Lak specializes in post-war Dutch-German economic and political relations and contemporary German history. Abiola Makinwa is a Senior Researcher and Lecturer in commercial Law with a special focus on Anti-Corruption Law and Policy at The Hague University of Applied Sciences. Abiola Makinwa holds a Ph.D. from Erasmus University, Rotterdam. She is a frequent speaker on anti-corruption law and policy and has introduced Anti-Corruption Compliance as an undergraduate course at The Hague University. Piet Willems is a Lecturer in International and European Law at The Hague University of Applied Sciences, where he focuses on project-based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master's degree and his LL.M. in European Law from Ghent University. -based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master's degree and his LL.M. in European Law from Ghent University.

This book documents and analyzes the experiences of the United Nation's first Special Rapporteur on the Right to Food. It highlights the conceptual advances in the legal understanding of the right to food in international human rights law, and analyzes key practical challenges through experiences in 11 countries across Africa, Asia, and Latin America.

Courts regularly rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. However, despite the frequent application of such review in practice, important questions about the meaning and value of procedural reasoning arise. Do courts provide sufficient protection of substantive rights when taking a procedural approach? Can they safeguard values of deliberative democracy and the rule of law through procedural reasoning? And can they rely on process-based review to avoid morally sensitive issues and cases concerning hard policy choices? This book engages with such questions with the aim of uncovering the potential and limitations of procedural reasoning in fundamental rights cases. To this end, it first discusses a number of concrete examples of application of this review by various courts. It then develops a context-independent definition of process-based fundamental rights review, which acknowledges the various uses of this type of review. On this basis, the book finally discusses the wide-ranging theoretical debates concerning procedural reasoning and identifies underlying explanations for the different views on the topic. The resulting in-depth and nuanced understanding of process-based fundamental rights review will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.

This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders 'What backlash are we talking about, really?'. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States' boundaries: indeed, while remaining a fundamental tool for asserting States' power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens "within" borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States' and international organisations' powers and prerogatives across or "beyond" borders.

Human Rights in the International Public Sphere has an interdisciplinary focus and can be used as a text in communication studies, cultural studies, political science, current events, discourse analysis, area and international studies, and other courses in the social sciences and humanities.