This book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries' distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.

Can human rights really protect people from want? If one is lacking medical care or housing, can one really go to a judge and ask for the provision of such goods and services? These questions have proved divisive for academics, politicians and judges working in the field of human rights. Some consider that there is no real difference between civil and political rights and economic, social and cultural rights. Others think that economic, social and cultural rights have structural features that make their judicial protection unwelcome. This book aims to move this debate forward. It starts by recognizing that while there is no abyss between civil and political rights and economic, social and cultural rights, some perceptible differences between different duties arising out of human rights remain. In particular, duties aiming to provide for basic needs which are significantly costly give rise to problems that deserve special attention. They are structurally disposed to give rise to dilemmas. Under human rights, everybody is entitled to certain goods and services in times of dire need, but in a context of scarcity, there are not enough resources to provide these goods and services to everybody. Under what rule or principle would it be reasonable for judges to intervene in these sorts of situations? What would be the best approach to these problems? How can a judge intervene in these problems while maintaining his commitment to the rights of everyone? The book studies the possibilities of judicial engagement with matters of welfare in situations of scarcity. First, it isolates the real problems that such forms of judicial engagement entail. Afterwards, it presents three distinct strategies for protecting welfare duties judicially: reasonableness, prioritization and deliberative democratic dialogue. Reasonableness is based on the practice of reasonableness review present in the Constitutional Court of South Africa. By contrast, prioritization and deliberative democratic dialogue constitute more novel alternatives to reasonableness that are loosely inspired in various developments in comparative constitutional law. Finally, it discusses the relative merits and demerits of these strategies in an analytical framework based on qualitative comparative analysis.

A gripping history of China's deteriorating relationship with Hong Kong, and its implications for the rest of the world. For the 150 years that Hong Kong was a British colony, people, money and technology flowed freely, while Hong Kong residents enjoyed freedoms that simply did not exist in mainland China. When the territory was handed over to China in 1997, the Communist Party promised that Hong Kong would remain highly autonomous for fifty years. Now, at the halfway mark, it is clear that China has not kept its word. Universal suffrage and free elections have not been instituted and activists have been jailed en masse following the decree of a sweeping national security law by Beijing. As China continues to expand its global influence, Hong Kong serves as a chilling preview of how dissenters could be treated in regions that fall under the emerging superpower's control. A Hong Kong resident from 1992 to 2021, Mark L. Clifford has witnessed this transformation first-hand and has unrivalled access to the full range of the city's society, from student protestors to billionaire businessmen and senior government officials. A powerful and dramatic mix of history and on-the-ground reporting, Today Hong Kong, Tomorrow the World is the definitive account of one of the most important geopolitical standoffs of our time.

"The Plight of the Palestinians: a Long History of Destruction is a collection of voices from around the world that establishes in both theoretical and graphic terms the slow, methodical genocide taking place in Palestine beginning in the 1940s, as revealed in the Introduction. From Dr. Francis A. Boyle's detailed legal case against the state of Israel, to Uri Avnery's "Slow Motion Ethnic Cleansing," to Richard Falk's "Slouching toward a Palestinian Holocaust," to Ilan Pappe's "Genocide in Gaza," these voices decry in startling, vivid, and forceful language the calculated atrocities taking place, the inhumane conditions inflicted on the people, and the silence that exists despite the crimes, nothing short of state-sponsored genocide against the Palestinians"--Provided by publisher.

Unlike most leading works that focus on a broad spectrum of the woman's rights movement, Israel Kugler's volume provides an in-depth analysis of the drive for equalty for women during a specific, influential era in American history: the pioneering efforts of woman's rights organizations in the post-Civil War period. With the war against slavery at an end, the Reconstruction Era was hailed by women leaders, who had been active in the Union cause, as the time for the establishment of equal rights for all humanity--men and women alike. It was this historic period that saw the creation of permanent woman's rights organizations dedicated to a specific goal--that of woman suffrage.

The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

The essential guide that allows both sides to be heard Rabbi Professor Dan Cohn-Sherbok presents the Israeli perspective, while Dr Dawoud El-Alami presents the Palestinian perspective Updated to cover the most recent events, including the US recognition of Jerusalem as the capital of Israel and the May 2021 fighting in Gaza, this bestselling introduction explores the history, motivations and people behind the Palestine-Israel conflict - and assesses the prospects for peace after almost eighty years.

Providing a unique critical perspective to debates on slavery, this book brings the literature on transatlantic slavery into dialogue with research on informal sector labour, child labour, migration, debt, prisoners, and sex work in the contemporary world in order to challenge popular and policy discourse on modern slavery.

"Political Freedom" describes the liberties and rights of persons to take action which is deliberately designed to influence and affect public purposes: in particular government policy, the law and public opinion. Howard Davis looks at how the presence of political motives, when balanced against other motives, affects the legal character of the action, and asks why common law and statute should differentiate the political from the non-political. The book makes a contribution to the debate on the effectiveness of democracy in the United Kingdom in relation to the right to act politically and to participate in the political process of the nation, a human right as defined by the International Covenant on Civil and Political Rights and the European Convention on Human Rights.

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

This book develops a philosophical conception of human rights that responds satisfactorily to the challenges raised by cultural and political critics of human rights, who contend that the contemporary human rights movement is promoting an imperialist ideology, and that the humanitarian intervention for protecting human rights is a neo-colonialism. These claims affect the normativity and effectiveness of human rights; that is why they have to be taken seriously. At the same time, the same philosophical account dismisses the imperialist crusaders who support the imperialistic use of human rights by the West to advance liberal culture. Thus, after elaborating and exposing these criticisms, the book confronts them to the human rights theories of John Rawls and Jurgen Habermas, in order to see whether they can be addressed. Unfortunately, they are not. Therefore, having shown that these two philosophical accounts of human rights do not respond convincingly to those the postco lonial challenges, the book provides an alternative conception that draws the understanding of human rights from local practices. It is a multilayer conception which is not centered on state, but rather integrates it in a larger web of actors involved in shaping the practice and meaning of human rights. Confronted to the challenges, this new conception offers a promising way for addressing them satisfactorily, and it even sheds new light to the classical questions of universality of human rights, as well as the tension between universalism and relativism.

Written by the leading political expert on Suriname, this thrilling tale describes ethnically inspired guerilla warfare, terrible human rights violations, military coups, painful redemocratization processes, and economic implosion. Although part of the American family of nations in the Western Hemisphere, there is almost nothing written about Suriname as a modern country. There are some ethnographies, some histories of ex-slave rebellions, and passing references to the atrocities of colonial plantation systems. After that, the dark clouds of obscurity close over a fascinating if beleaguered close American cousin, one whose history as an independent nation has much to say to the strife-ridden trouble spots of the 1990s--Bosnia, Sri Lanka, Liberia, and Nicaragua.

What lessons can we learn from history, and more importantly: how? This question is as commonplace as it is essential. Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. What policy has or has not worked in the past is an obvious key question. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. In his critical introduction, the editor investigates the framework of this unease. At the core of this book are nine national European case studies (post 1945, the 1970s dictatorships, post 1989) which implement the true scholarly advantage of historical research for the field of transitional justice: the broad temporal space. All nine case studies tackle the longer-term impact of their country's transitional justice policies. Two comparative conclusions, amongst others by the internationally renowned transitional justice specialist Luc Huyse, complete this collection. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.

Are the global trends toward democratization and neoliberal economic development also providing enhanced protection for human rights? In this edited collection of theoretical essays and case studies, the contributors assess the often glaring contradiction between democratization trends in developing countries in the face of continuing human rights violations. The volume begins by asking whether we need to rethink our conceptualizations of democracy, human rights, and development, and particularly the causal relationships between these areas. An analysis of the changing nature of the international norms associated with these concepts illustrates some of the inherent contradictions. Next, an assessment of the status of women in the new democracies demonstrates the fallacy of assuming that all citizens progress equally, and underscores the necessity for including gender considerations and needs. Case studies based in Latin America and Africa examine further the relationships between democracy and human rights, with particular emphasis on the issue of consolidation in the future. The contributors conclude that democracy and development will only be sustainable with the active participation of civil society, especially nongovernmental groups. This collection will be important for students, scholars, and policy makers involved with issues of human rights and democratization in developing countries.

Childhoods at the Intersection of the Local and the Global examines the imposition of the modern Western notion of childhood, which is now deemed as universal, on other cultures and explores how local communities react to these impositions in various ways such as manipulation, outright rejection and acceptance. The book discusses childhoods in different regions of the world and boasts a range of contributors from several academic disciplines such as Sociology, Social Work, Education, Anthropology, Criminology and Human Rights, who are experts on the regions they discuss. The book argues against the notion of a universal childhood and illustrates that different societies around the world have different notions of childhood. This book is recommended reading for students, scholars and practitioners working with children in the Global South as well as internationally.

There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.

This book investigates how human rights law can be applied to corporate entities. To date there have been insufficient international legal mechanisms to bring corporations to justice for their misconduct abroad. The book argues that rather than trying to solve the problem locally, an international approach to corporate human rights compliance needs to be sought to prevent future corporate human rights abuses. Implementing effective and enforceable human rights compliance policies at corporate level allows businesses to prevent negative human rights impacts such as loss of revenue, high litigation costs and damage to reputation. By considering human rights to be an inherent part of their business strategy, corporations will be well equipped to meet national and regional business and human rights standards, which will inevitably be implemented in the next few years. This approach, in turn, also furthers the fundamental aim of international human rights law.

Children's Rights explores the relevance of children's participatory rights in education, particularly at a time when there are competing demands in meeting the rigid curriculum frameworks whilst taking into account children's entitlement to participate in matters affecting their lives. It engages with theoretical and practical models of participation with an aim to support reflective practice. The chapters are informed by wider academic debates and examples from research and everyday practice in early year settings, making it an accessible read for students, practitioners as well as researchers.

Draws together contributions from leading figures in the field of surveillance to engage in the discussion of the emergence of accountability as a means to manage threats to privacy. The first of its kind to enrich the debate about accountability and privacy by drawing together perspectives from experienced privacy researchers and policy makers.

Critical Perspectives on Human Rights provides cutting-edge interventions into contemporary perspectives on rights, ethics and global justice. The chapters, written by leading scholars in the field, make a significant and timely contribution to critical human rights scholarship by interrogating the significance of human rights for critical theory and practice. While the contributions engage sensitively yet thoroughly with the regulatory, disciplinary, and exclusionary effects of human rights, they do so without giving up on the transformative potential of human rights. By thinking productively through the exclusions, paradoxes and aporias of human rights, Critical Perspectives on Human Rights is a key reference text for students and scholars in this important area of inquiry.

Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's "gun-control" debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment. Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.

CHOICE OUTSTANDING BOOK OF THE YEAR 2005 Recently, there has been a major shift in the focus of historical research on World War II towards the study of the involvements of scholars and academic institutions in the crimes of the Third Reich. The roots of this involvement go back to the 1920s. At that time right-wing scholars participated in the movement to revise the Versailles Treaty and to create a new German national identity. The contribution of geopolitics to this development is notorious. But there were also the disciplines of history, geography, ethnography, art history, archeology, sociology, and demography that devised a new nationalist ideology and propaganda. Its scholars established an extensive network of personal and institutional contacts. This volume deals with these scholars and their agendas. They provided the Nazi regime with ideas of territorial expansion, colonial exploitation and racist exclusion culminating in the Holocaust. Apart from developing ideas and concepts, scholars also actively worked in the SS and Wehrmacht when Hitler began to implement its criminal policies in World War II. This collection of original essays, written by the foremost European scholars in this field, describes key figures and key programs supporting the expansion and exploitation of the Third Reich. In particular, they analyze the historical, geographic, ethnographical and ethno-political ideas behind the ethnic cleansing and looting of cultural treasures. Michael Fahlbusch lives in Switzerland. He studied Geography in Munster and Zurich. He has written on the history of science, ethnic cleansing and ethno-politics in 20th-century Europe. Ingo Haar is working as a Research Fellow in the Berlin Centre of Research on Anti-Semitism (Zentrum fur Antisemitismusforschung, Berlin). He was a member of the Austrian Historical Commission on History of National Socialism and has worked extensively on policies and ideology of the Third Reich.

The ways in which Internet traffic is managed have direct consequences on Internet users' rights as well as on their capability to compete on a level playing field. Network neutrality mandates to treat Internet traffic in a non-discriminatory fashion in order to maximise end users' freedom and safeguard an open Internet. This book is the result of a collective work aimed at providing deeper insight into what is network neutrality, how does it relates to human rights and free competition and how to properly frame this key issue through sustainable policies and regulations. The Net Neutrality Compendium stems from three years of discussions nurtured by the members of the Dynamic Coalition on Network Neutrality (DCNN), an open and multi-stakeholder group, established under the aegis of the United Nations Internet Governance Forum (IGF).

The Unidad Popular and the Pinochet Dictatorship covers the current political conflict facing the Chilean government of this century. The analysis of the Allende government examines the macroeconomic policies and structural reforms and its results; the questioning of property rights constituted a key issue of conflict. The analysis of the Pinochet government starts with a review of Chilean democracy breakdown. Then it examines the success, failure, and final success of economic structural reforms. The book ends with a discussion of the legacies of both governments. In the historical Chilean memory of the century, human rights violations will occupy a special place.