Contemporary development debates in Latin America are marked by the pursuit of economic growth, technological improvement and poverty reduction, and are overshadowed by growing concerns about the preservation of the environment and human rights. This collection's multidisciplinary perspective links local, national, regional and transnational levels of inquiry into the interaction of state and non-state actors involved in promoting or opposing natural resource development. Taking this approach allows the book to contemplate the complex panorama of competing visions, concepts and interests grounded in the mutual influences and interdependencies which shape the contemporary arena of social-environmental conflicts in the region.

During the last 15 years Latin American governments reformed their constitutions to recognize indigenous rights. The contributors to this book argue that these changes pose fundamental challenges to accepted notions of democracy, citizenship, and development in the region. Using case studies from Mexico, Guatemala, Bolivia, and Peru, they analyze the ways in which new legal frameworks have been implemented, appropriated and contested within a wider context of accelerating economic and legal globalization, highlighting the key implications for social policy, human rights, and social justice.

Evaluates the nature of the international governance of minority rights in the context of the enlargement of the European Union. This book examines the origin and development of the European Minority Rights Regime paying particular attention to the institutions, policies and actions of European organisations.

This book provides a unique perspective, at once scholarly and fully engaged, on the political violence in South Africa during 'The Time of the Comrades' in the mid-1980s. The work of a group of social scientists and professionals, whose own work and thinking have been profoundly affected by the political crisis of that time, it provides an in-depth research and analysis as well as critical reflections on the difficult political and theoretical issues raised by political violence and the struggle in South Africa.

This book contributes to an increasingly important branch of critical security studies that combines insights from critical geopolitics and postcolonial critique by making an argument about the geographies of violence and their differential impact in contemporary security practices, including but not limited to military intervention. The book explores military intervention in Libya through the categories of space and time, to provide a robust ethico-political critique of the intervention. Much of the mainstream international relations scholarship on humanitarian intervention frames the ethical, moral and legal debate over intervention in terms of a binary, between human rights and state sovereignty. In response, O'Sullivan questions the ways in which military violence was produced as a rational and reasonable response to the crisis in Libya, outlining and destabilising this false binary between the human and the state. The book offers methodological tools for questioning the violent institutions at the heart of humanitarian intervention and asking how intervention has been produced as a rational response to crisis. Contributing to the ongoing academic conversation in the critical literature on spatiality, militarism and resistance, the book draws upon postcolonial and poststructural approaches to critical security studies, and will be of great interest to scholars and graduates of critical security studies and international relations.

This book explores situations in which public opinion presents itself as an obstacle to the protection and promotion of human rights. Taking an international law perspective, it primarily deals with two questions: first, whether international law requires States to take an independent stance on human rights issues; second, whether international law encourages States to inform and mobilise public opinion with regard to core human rights standards. The discussion is mainly organised within the framework of the UN system. The work is particularly relevant to situations in which public opinion appears as discriminatory attitudes based on race, gender, age, health, sexual orientation and other factors. It is also pertinent to circumstances in which public opinion is responsible for the existence of certain harmful customs and practices such as female genital mutilation and capital punishment. Noting that the death penalty is increasingly recognised as an infringement of human rights, this study further challenges States' argument that capital punishment cannot be abolished because of public opinion. The book also discusses the role that education bears under international law in moulding favourable attitudes towards human rights. Finally, the book challenges States' acceptance that public opinion cannot be confronted in this respect.

"Given Bunche's eventual rise to prominence as a black leader, and the criticism his integrationist politics engendered from black nationalists, it is particularly revealing to read this early work."--"Booklist"

"A timely and penetrating appreciation of Ralph Bunche's benchmark study of the African American leadership class in the early decades of the last century."
--David Levering Lewis, Julius Silver University Professor and Professor of History, NYU

"Jonathan Holloway has performed a wonderful service in editing and introducing Bunche's "A Brief and Tentative Analysis of Negro Leadership," For scholars and teachers in the field it has long been a source of frustration that this material has not been available. Bunche's insights and interpretations provide an important perspective on a key moment in the shaping of modern black American politics, and Holloway's introduction very usefully situates Bunche and his analysis in the context of the time."
--Adolph Reed, Professor of Political Science at the University of Pennsylvania and author of "W.E.B. Du Bois and American Political Thought: Fabianism and the Color Line"

"Ralph Bunche's stature as one of the key African American intellectuals of the twentieth-century continues to grow. Jonathan Holloway has done a great service by bringing Bunche's unpublished work on leadership to light. Skillfully guiding the reader, Holloway's introduction and editorial notes provide a perfect balance of information and interpretation, adding much to our understanding of this important and yet often neglected figure."
--Nikhil Pal Singh, author of "Black is a Country: Race and the Unfinished Struggle for Democracy"
"Thiswork is a welcome addition to African American studies as well as to social and cultural history."
--"CHOICE"

"Provides key insight into Black leadership at the dawn of the modern Civil Rights Movement, and forces a reconsideration of Bunche's legacy as a reformer and the historical meaning of his early involvement in the Civil Rights Movement."--"Ebony"

A world-renowned scholar and statesman, Dr. Ralph J. Bunche (1903-1971) began his career as an educator and a political scientist, and later joined the United Nations, serving as Undersecretary General for seventeen of his twenty-five years with that body. This African American mediator was the first person of color anywhere in the world to be awarded the Nobel Prize for Peace. In the mid-1930s, Bunche played a key role in organizing the National Negro Congress, a popular front-styled group dedicated to progressive politics and labor and civil rights reform.

A Brief and Tentative Analysis of Negro Leadership provides key insight into black leadership at the dawn of the modern civil rights movement. Originally prepared for the Carnegie Foundation study, An American Dilemma: The Negro Problem and Modern Democracy, Bunche's research on the topic was completed in 1940. This never-before-published work now includes an extended scholarly introduction as well as contextual comments throughout by Jonathan Scott Holloway.

Despite the fact that Malcolm X called Bunche a "black man who didn't know his history," Bunche never wavered from his faith that integrationist politics paved the way for racial progress. This new volume forces a reconsideration of Bunche's legacy as a reformer and the historical meaning of his early involvementin the civil rights movement.

This is a study of the American civil rights movement that captures the drama of the black freedom struggle from the mid-1950s to the late 1960s. It shows how King's leadership inspired masses to protest nonviolently making great strides toward resolving the American dilemma - the conflict between the nation's democratic creed and its practice of denying freedom and equality to black citizens. The author traces the course of events from the emergence of Martin Luther King Jr as a national black spokesman during the Montgomery bus boycott to his radical critique of American society and foreign policy during the last years of his life. He also provides the first in-depth analysis of King's famous "Letter from Birmingham Jail";Dr Colaiaco discusses how King's masterful use of the media drew national attention to nonviolent protests, exposing the brutality of racism, stirring the consciences of millions and compelling the Federal government to protect the constitutional rights of black Americans. He also offers an analysis of the paradox inherent in the nonviolent method - that peaceful civil rights protestors were most successful when they provoked a violent response from white racist

The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.

This book demonstrates how human rights instruments and values have brought different movements together in the struggle against free trade under the banners of state duty and law enforcement with their underlying principles of equality and human dignity. Special emphasis is placed on how subjectivities influence identification with certain values and legal or political strategies. Furthermore, by focusing on the understanding of human rights by social agents the book also shows that specific human rights have more political potential for certain types of subjects in the struggle against free trade than others, such as the right to development, the rights of women and the right to food. This analysis is conducted with a specifically Latin American theorization of human rights that challenges both Eurocentric scholarly works on the issue and the arguments of European activists directed at the allegedly Western authorship of human rights discourses.

This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law - "mercenary", "combatant" or "civilian" - be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.

Sociological theory has veered between an insistence on understanding human rights as a genuine universal morality and far more cynical portrayals of human rights as a veil of bourgeois capitalist enterprise. This book criticizes, adapts and combines seemingly disparate elements of contemporary sociological theory within a new approach to human rights. The practicality of the approach is clearly demonstrated in its application to one of the most important, complex and vexing locations of human rights violation in the world: modern Turkey. While sociological analyses of Turkey have largely been limited to local perspectives on individual issues of human rights violation, this book expands sociological understanding of the broad swath of Turkey's human rights violations into a new global perspective of hope and resolution.

How safe is Turkey's liberal democracy? The rise to power in 2002 of the right-leaning Islamic Justice and Development Party ignited fears in the West that Turkey could no longer be relied upon to provide a buffer against the growth of Islamic fundamentalism in the Middle East. Once hailed by the West as a model of secularism and moderation in the Muslim world, Turkey is now seen to be under the influence of the 'creeping Islamisation' of the JDP (or AKP as it is known in Turkey). Yet to what extent has this affected the lives of Turkish citizens? Evangelia Axiarlis here explores the contribution of the JDP to civil liberties and basic freedoms, long suppressed by secular and statist Kemalist ideology, and how this has remained unexamined despite more than a decade in government. In this - the first detailed study of the policies and ideology of Prime Minister Recep Tayyip Erdo?an's government - the author examines the extent to which the JDP has worked to improve civil life in Turkey and critically addresses whether a government built on Islamic principles can champion political reform. Exploring how Islam and democracy are neither monoliths nor mutually exclusive, this is a timely contribution to the wider understanding of political Islam.

The book examines the rights of defendants in infringement procedures and those of the notifying parties in merger proceedings before the European Commission and the Chinese competition authorities. The initial chapters offer a general introduction to EU and Chinese competition law respectively, paying particular attention to the substantive rules of competition law. Subsequent chapters present an overview of the procedural rights of the notifying parties in merger cases in both legal systems surveyed, address the procedural rights of defendants in infringement cases, and provide an international perspective on differences in the notification and enforcement procedures between legal systems. The final chapter draws comparative conclusions and includes a number of suggestions for improvement.

Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests. Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just and temperate way. This applies to citizens, to companies such as Apple, Google and Facebook and to governmental organizations that are involved with large scale data processing alike. The author develops a three-layered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. Virtuous agents have to respect the procedural pre-conditions for the exercise of power. The second layer echoes the current paradigm, the respect for individual rights and interests. While the third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality and individual freedom are promoted.

Social conflict involving migrants, which includes terrorism, migrant trafficking and kidnappings, and riots and the occupation of public places, is a direct result of the systematic refusal of receiving countries to recognize that migrants have universal human rights. Analysis of this causal relationship indicates that certain elements of migration policy in Europe and North America--such as the securitization of border controls and development cooperation policies, the use of foreigner internment camps as part of a tougher asylum policy, the criminalization of irregular migration, and social exclusion resulting from widespread discrimination--lead to violent social conflict. These violent conflicts of potentially global impact could be prevented were countries that receive migrants to adopt a system of justice--a decolonized global justice--that recognizes the human rights of migrants.

As we move further into the 21st century, it is incumbent upon lawyers and law students to understand and manage the complexities of sustainable development. International Development Law: Rule of Law, Human Rights, and Global Finance offers a coherent and systematic overview of the many issues and underlying trends that affect 'international development law' and the underlying legal architecture between developing countries and advanced nations. Professor Sarkar describes how international development works, its shortcomings, its theoretical and practical foundations, along with the prescriptions for the future. 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. 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 policy issues.

The issue of 'reverse discrimination' is a topical subject, particularly in the field of family reunification. Reverse discrimination occurs when a European Union (EU) citizen in a 'purely internal situation' is treated less favourably than an EU citizen of another nationality whose situation is largely governed by EU law. Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination. Part I of this book analyses the issue of reverse discrimination from an EU perspective. In particular, it questions whether reverse discrimination falls within the scope of application of Member State law or whether it falls within the ambit of EU law. Subsequently, it discusses the interpretation of the 'purely internal situation' doctrine on the basis of the case law of the European Court of Justice, giving special attention to recent developments since the controversial Ruiz Zambrano judgment.Although reverse discrimination is of interest from the perspective of the Member States, it is still mostly studied from the viewpoint of the EU.To address this, Part II looks at reverse discrimination in five Member States, namely Belgium, France, Italy, Germany and Austria. The focus lies on the ground(s) on which the national authorities decide whether or not to allow stricter treatment of purely internal situations. Finally, Part III analyses specific instances of reverse discrimination in federally structured Member States, from the perspective of both EU law and Belgian and German law.

The complex history and politics of South Africa form the backdrop of this insightful study of the factors that contributed to both the end of apartheid and the movement from government by racial division toward government through national unity. This study and resource examines the history, people, and politics of South Africa in the age of apartheid. Topical essays examine the divisions within South African society that led to the historic apartheid legislation initiated in 1948; each group that was defined and separated by apartheid--whites, coloreds, Indians, and Africans; how this separation put increasing pressure on the system that gave rise to organized domestic resistance that eventually led to the collapse of apartheid; the economic sanctions imposed by other nations on South Africa in retaliation for apartheid; and the new government and the challenges of a new democracy.

The analysis of how all these factors culminated in the collapse of apartheid is enhanced by lengthy biographical profiles of sixteen key personalities, including Stephen Biko, Willem deKlerk, Nelson Mandela, and Desmond Tutu. A selection of thirteen primary documents, including a letter from Nelson Mandela in exile and his speech after being released from prison, illustrates the rise and fall of apartheid and will be valuable for student research. A glossary of key terms and a timeline of important events add reference value.

Effective peace agreements are rarely accomplished by idealists. The process of moving from situations of entrenched oppression, armed conflict, open warfare, and mass atrocities toward peace and reconciliation requires a series of small steps and compromises to open the way for the kind of dialogue and negotiation that make political stability, the beginning of democracy, and the rule of law a possibility.

For over forty years, Charles Villa-Vicencio has been on the front lines of Africa's battle for racial equality. In "Walk with Us and Listen," he argues that reconciliation needs honest talk to promote trust building and enable former enemies and adversaries to explore joint solutions to the cause of their conflicts. He offers a critical assessment of the South African experiment in transitional justice as captured in the Truth and Reconciliation Commission and considers the influence of "ubuntu," in which individuals are defined by their relationships, and other traditional African models of reconciliation. Political reconciliation is offered as a cautious model against which transitional politics needs to be measured. Villa-Vicencio challenges those who stress the obligation to prosecute those allegedly guilty of gross violation of human rights, replacing this call with the need for more complementarity between the International Criminal Court and African mechanisms to achieve the greater goals of justice and peace building.

This study of contemporary South Africa focuses thematically on the major political contestants, interest-groups and power-brokers in that country. The contributors, several of whom have first-hand experience of the South African problem, attempt to provide from varied perspectives - ranging from the Afrikaner establishment to the exiled liberation movements - an introduction to aspects of contemporary South African politics and an insight into its many forms of resistance.

Most advanced industrial democracies have been successful in controlling ethnic political conflicts peacefully. This book examines ethnoregional conflicts in seven ethnoregions-in Scotland, Flanders, Wallonia, Brussels, Quebec, Northern Ireland, and the Basque region of Spain-to explain what mactors determine electoral support for ethnoregional parties, why in some cases electoral conflict has co-existed with ethnic violence, and why there appears to be an inverse relationship between electoral success and policy success among many ethnoregional parties. As ethnic conflicts-peaceful and violent-continue to rage around the world, this important new study merits the attention of scholars and students in comparative politics and ethnic studies.

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.