The Ambivalence of Good examines the genesis and evolution of international human rights politics since the 1940s. Focusing on key developments such as the shaping of the UN human rights system, decolonization, the rise of Amnesty International, the campaigns against the Pinochet dictatorship, the moral politics of Western governments, or dissidence in Eastern Europe, the book traces how human rights profoundly, if subtly, transformed global affairs. Moving beyond monocausal explanations and narratives prioritizing one particular decade, such as the 1940s or the 1970s, The Ambivalence of Good argues that we need a complex and nuanced interpretation if we want to understand the truly global reach of human rights, and account for the hopes, conflicts, and interventions to which this idea gave rise. Thus, it portrays the story of human rights as polycentric, demonstrating how actors in various locales imbued them with widely different meanings, arguing that the political field evolved in a fitful and discontinuous process. This process was shaped by consequential shifts that emerged from the search for a new world order during the Second World War, decolonization, the desire to introduce a new political morality into world affairs during the 1970s, and the visions of a peaceful international order after the end of the Cold War. Finally, the book stresses that the projects pursued in the name of human rights nonetheless proved highly ambivalent. Self-interest was as strong a driving force as was the desire to help people in need, and while international campaigns often improved the fate of the persecuted, they were equally likely to have counterproductive effects. The Ambivalence of Good provides the first research-based synopsis of the topic and one of the first synthetic studies of a transnational political field (such as population, health, or the environment) during the twentieth century. Based on archival research in six countries, it breaks new empirical ground concerning the history of human rights in the United Nations, of human rights NGOs, of far-flung mobilizations, and of the uses of human rights in state foreign policy.

After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states' obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
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Million of people around the Asia Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.;This work is intended for use by departments of politics, international relations, economics (courses in international trade, globalization, labour economics), Asian studies, sociology (courses in legal and citizenship studies), and law.

The Nicaraguan revolution of 1978 and the subsequent violence engulfing the Central American states, causes mass migration of Latin American persons seeking territorial asylum. "Latin American States and Political RefugeeS" focuses on the questions surrounding this new problem of refugees. Yundt uses regime analysis, a method whereby principles, norms, and social institutions are studied to identify the general obligations due refugees. The central concern of this study is whether the regional rules, norms, procedures and social institutions established by the Latin American states in governing political refugees, are compatible with or dissimilar to those of the established United Nations refugees regime. This scholarly written and well researched book will appeal to students and scholars of international organizations, international refugee and human rights law, as well as all the social and political sciences.

Yundt begins his study with an explanation of the meaning of 'regime'; What is a regime analysis? This book examines the history and current status of colonization and immigration legislation in Central and South America. Further chapters discuss the role of international organizations, including the League of Nations and the organization of American states, in providing international legal protection to refugees. The study also explores the global refugee regime; its history and how it relates to the inter-American system.

Kurt Mills investigates how the concept of sovereignty is changing as a result of normative, empirical, and institutional developments. From a normative political theory perspective he argues that respect for human rights, popular sovereignty, and self-determination are inherent in the social purpose of the state and thus must be considered when evaluating claims to sovereignty and non-intervention. Human Rights in the Emerging Global Order examines how recent international practice in the areas of human rights, self-determination, refugees and human migration and humanitarian intervention are challenging traditional conceptions of sovereignty in important, yet ambiguous, ways. Finally, it provides policy prescriptions to deal with these continuing humanitarian problems.

The safeguarding of human rights remains highly problematic, despite the proliferation of human rights instruments and the many actions taken by a variety of actors, such as governmental and non-governmental organisations, (individual) states and the international community over the past decades. Human rights violations do still occur on a large scale and injustice remains rampant. Central to this problem appears to be that social, economic, cultural and political structures in societies provide denialist defence mechanisms. Such deeply embedded denialism causes and/or facilitates human rights violations, because the true nature of the problems involved remains fully or partly unacknowledged and as a result appropriate action remains absent. In order to safeguard the effectuation of human rights it is thus pertinent to acknowledge and address this problem of denialism and develop strategies to move beyond it. To address the above-mentioned problem, an international conference was organised on the theme of Denialism and Human Rights by the Maastricht Centre for Human Rights in 2015, which brought together scholars, practitioners and students from various disciplines and fields to unearth and address denialism in the context of their own particular area of research.The present volume contains a unique collection of papers that were presented during the conference. The content of the papers ranges from more general reflections on the theme of denialism and human rights to more specific areas of research that are relevant in terms of denialism such as genocide, children's rights, the role of (inter)national organisations, penology, and social, economic and cultural rights.

Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty is a site of accommodation and resistance to international human rights norms between African governments and the Global North. As in debates over membership in the International Criminal Court and legal protections for sexual minorities, some leaders resist death penalty abolition as "imposed" by the Global North, though the modern death penalty in Africa is a product of European colonialism. However, Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime.This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.

Migration crisis, food crisis, economic crisis the most alarming tendencies in our contemporary world are related to the transnational social question. But what role does transnational law play in this context: Does it exacerbate the asymmetries by shielding the rich and exploiting the poor? Or is the emerging regime of international social human rights a promising candidate for countering the crisis of world society?This book scrutinises both the potentials and the boundaries of de-coupling the notion of "social rights" from the nation-state and of transferring it to the transnational sphere. By drawing on a critical theory of transnational law, it provides in-depth analyses of the different sites where the struggle for social rights is at stake, such as the emerging transnational food regime, the ILO, international environmental law and the accountability of private actors. It reveals enforcement structures, discusses judicial doctrine and relates these aspects to the social and political struggles which surround the transnationalisation of social rights.

A collection of United Nations documents associated with the drafting of the Universal Declaration of Human Rights, these volumes facilitate research into the scope of, meaning of and intent behind the instrument's provisions. It permits an examination of the various drafts of what became the thirty articles of the Declaration, including one of the earliest documents - a compilation of human rights provisions from national constitutions, organised thematically. The documents are organised chronologically and thorough thematic indexing facilitates research into the origins of specific rights and norms. It is also annotated in order to provide information relating to names, places, events and concepts that might have been familiar in the late 1940s but are today more obscure.

An authoritative analysis of one of the most revered rights of peoples and cultures around the world-privacy. Invasion of Privacy: A Reference Handbook chronicles the most pressing privacy issues and dilemmas from around the world from the 17th century to today. Shocking accounts of government and corporate abuse liven discussions of controversial topics ranging from high-tech surveillance and the collection of personal data to bodily and sexual privacy. The Internet, a platform for free speech now subject to calls for rigorous censorship, and the global threat of terrorism in the post-September 11 era receive special emphasis. Readers will also learn about disturbing abuses of power by the FBI, including how it intercepted emails, misled the federal courts in 75 warrant applications, and contributed to wrongful arrests of more than 100 people suspected of receiving child pornography over the Internet. A chronology of important moments in the development of the right to privacy from the 17th century to the present Primary sources include a brochure from the Center for Democracy and Technology about the USA PATRIOT Act and a reproduction of a "Bust Card" created by the American Civil Liberties Union

Does the Labour Government's commitment to Freedom of Information mean the end of excessive secrecy in the UK? Why has Britain finally decided to join the many other countries that enjoy a "right to know"? This book places the UK debate over open government in its political context. Robertson argues that just as secrecy reflected the interests of the powerful, so too does freedom of information. This is a radical and challenging alternative to the conventional view that open government is concerned with empowering "the people".

Beginning with the 1954 "Brown v. Board of Education" Supreme Court case, this book traces the lives of six American civil rights leaders as they willingly risk their lives for the civil rights cause: A. Philip Randolph, Frederick D. Patterson, Thurgood Marshall, Whitney M. Young, Adam Clayton Powell, Jr., and Fannie Lou Hamer.

This volume focuses on challenges to the effective and proper use of human rights and tries to identify, through a series of case studies, strategies and contexts in which human rights advocacy can work in favor of human rights, as well as situations in which such advocacy may backfire, or unintentionally cause harm.

The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defense counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.

In this lavishly illustrated volume, Sean Dennis Cashman surveys the history of civil rights in twentieth-century America. The book charts the principal course of civil rights against the dramatic backdrop of two world wars, the Great Depression, the affluent society of the postwar world, the cultural and social agitation of the 1960s, and the emergence of the new conservatism of the 1970s and 1980s.

Cashman describes the profound upheaval that African-Americans experienced as they moved from the outright racism of the South through the Great Migration northward from 1915, and sets the contribution of African-American leaders within their historical context: Booker T. Washington, W. E. B. Du Bois, Marcus Garvey, A. Philip Randolph, Malcolm X, Martin Luther King, and many others. The work also describes the shift in emphasis in the movement from legal cases brought before the courts to mass protest movements and, later, the change in direction from civil rights to Black Power and, later, Pan-Africanism.

Far more than just a history of civil rights leaders, this book explains how the achievements of African-American writers, artists, singers, and athletes contributed to a wider understanding of the humanity and culture of black Americans. Cashman details, among others, the achievements of the Harlem Renaissance, the films of Paul Robeson and Marian Anderson, and the works of Langston Hughes, Ralph Ellison, James Baldwin, and Toni Morrison. Written in an engaging style, the text is accompanied by a wealth of illustrations, some well known, others in print for the first time.

This is a comparison of the process of democratization in Chile and Argentina. Utilizing models of citizenship, the book examines the impact of constitutional change, institutional development and participation in both political parties and social movements from the perspective of the citizen. It finds that citizen participation, once dominated by the welfare model, has been enhanced by the individualism associated with neo-liberalism in relation to local, social issues but that elite relationships dominate political activity in the formal political arena.

Human rights are intertwined with large processes of globalisation. One of these processes is the rapid world-wide growth of multinational business enterprises. This volume argues that normative and legal developments to regulate and govern the behaviour of transnational businesses represent a new frontier in the struggle for human rights. This frontier has borne witness to many victims, but there are also glimpses of hope and opportunities for expanding the respect and protection of human rights in the corporate sector at local, national, and global levelsThe volume presents essays discussing current international challenges and efforts to advance human rights duties of transnational businesses. An introductory essay provides an overview of the debate and the individual chapters discuss legal, institutional, political, and social dimensions and obstacles to advancing business enterprises social and legal commitment to human rights norms.The book is aimed at legal and development scholars, public servants, and civil society practitioners with an interest in human rights commitments of transnational businesses. It is also of use for teachers and students in human rights law, corporate social responsibility courses, and courses in global development in degree programmes, and professional training programmes.

This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.

South Africa has become a nation defined by its protests. Protests can, and do, bring societal problems to public attention in direct, at times dramatic, ways. But governments the world over are also tempted to suppress this right, as they often feel threatened by public challenges to their authority. Apartheid South Africa had a shameful history of repressing protests. The architects of the country's democracy expressed a determination to break with this past and recognise protest as a basic democratic right. Yet, today, there is concern about the violent nature of protests.

Protest Nation challenges the dominant narrative that it has become necessary for the state to step in to limit the right to protest in the broader public interest because media and official representations have created a public perception that violence has become endemic to protests. Bringing together data gathered from municipalities, the police, protestor and activist interviews, as well as media reports, the book analyses the extent to which the right to protest is respected in democratic South Africa. It throws a spotlight on the municipal role in enabling or mostly thwarting the right.

This book is a call to action to defend the right to protest: a right that is clearly under threat. It also urges South Africans to critique the often-skewed public discourses that inform debates about protests and their limitations.

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Political dissent in Poland after World War II had changed considerably by the early 1980s. In the 1950s and 1960s it was characterized by spontaneity and lack of strategy; the opposite held true in the 1980s. The people of Poland became highly politicized and openly acting dissident organizations, hostile toward the communist state, flourished. Robert Zuzowski presents a comprehensive portrait of the unique pattern of dissent, exemplified by the Workers' Defense Committee KOR, which finally triumphed in Poland. He examines the rise of the opposition in Poland, a country which has experienced more political crises than any other East European nation.

Zuzowski argues that KOR, by introducing an innovative approach to political dissent in Poland, contributed significantly to the transformation of Polish politics. The volume also explores dissent in Poland during the two decades prior to the formation of KOR. The reasons for the formation of the Workers' Defense Committee are analyzed and its activities from its inception until the summer of 1980 are chronicled. The author then examines the Committee's relations with the Roman Catholic Church and dissident organizations. Concluding chapters discuss KOR's formal dissolution and the organization's influence on Polish political culture. This volume will interest students of communism and/or sociopolitical change, as well as all those concerned with East European politics.

Successive amendments in the citizenship law in India have spawned distinct regimes of citizenship. The idea of citizenship regimes is crucial for making the argument that law must be seen not simply as bare provisions but also examined for the ideological practices that validate it and lay claims to its enforceability. While citizenship regime in India can be distinguished from one another on the basis on their distinct political and legal rationalities, cumulatively they present a movement from jus soli to jus sanguinis. The movement towards jus sanguinis has been a complex process of entrenchment of exclusionary nationhood under the veneer of liberal citizenship. This work argues that the contemporary landscape of citizenship in India is dominated by the Citizenship Amendment Act (CAA) 2019 and the National Register of Citizens (NRC). The CAA 2019 and the NRC emerged as distinct tendencies from the amendment in the citizenship law in 2003. These tendencies subsequently become conjoined in an ideological alignment to make citizenship dependent on lineage, spelling out ideas of belonging which are tied to descent and blood ties. The NRC has invoked the spectre of 'crisis' in citizenship generated by indiscriminate immigration and the risks presented by 'illegal migrants', to justify an extraordinary regime of citizenship. The CAA provides for the exemption of some migrants from this regime by making religion the criterion of distinguishability. The CAA 2019 and NRC have generated a regime of 'bounded citizenship' based on the assumption that citizenship can be passed on as a legacy of ancestry making it a natural and constitutive identity. The politics of Hindutva serves as an ideological apparatus buttressing the regime and propelling the movement away from the foundational principles of secular-constitutionalism that characterised Indian citizenship in 1949.