What constitutes a resource, and how do people make claims on them? In the context of a burgeoning discourse of property, these are vital questions. Rationales of Ownership offers conceptual clarification in the context of material, intellectual and cultural resources in Papua New Guinea. The volume is a result of a major research project headed by Marilyn Strathern and Eric Hirsch, and brings together contributions from social anthropology and law. The approaches demonstrated, and conclusions reached, build upon recent understandings developed within Melanesian anthropology, but have far wider significance. The first publication sold out in Papua New Guinea due to the relevance of its approach and contents to lawyers and policy makers in that country. It is here made available to a wider readership, particularly those teaching courses on resource development, cultural and intellectual property, contemporary Pacific societies, environmental degradation, and property itself. ADVANCE PRAISE '...a unique contribution to the discipline's voice in contemporary global debates...this volume represents the best of the comparative, ethnographic tradition providing critical insight into difference and similarity on issues that entangle us all in various degrees of responsibility and care. It will be read by anthropologists, policy makers and all academic and non-academic students of what has come to be seen as the test area of the survival of cultural difference.' Marta Roahtynskyj, University of Guelph Lawrence Kalinoe is Professor and Executive Dean in the School of Law, University of Papua New Guinea. James Leach is Research Fellow, King's College and Associate Lecturer, Department of Social Anthropology, University of Cambridge.

This book evaluates the experience of official torture of France in Algeria, as well as recently, the United States since 9/11, Israel against Palestinians, and Argentina during its "Dirty War" from 1972 to 1983. While evaluating what information was gained from torture, the book also shows the costs of undertaking this approach to interrogating suspected terrorists. Reaping What You Sow: A Comparative Examination of Torture in France, Argentina, Israel, and the United States presents a new angle in the study of this controversial practice by studying how these countries attempt to account for these secret practices and reform future interrogations against this universal crime. It also analyzes the costs of torture, whether in terms of intelligence gaffes or alienating potential supporters and enemies alike, creating strategic dilemmas in the war on terrorism. Adopting a comparative approach, the book studies questions like: What is the harm (or benefit) to the state once the torture becomes known? What are the political and strategic ramifications? Does torture help win wars? Can the use of torture bring about any lasting or beneficial reforms? These are daring questions seldom pondered. In asking them, this book will help to foster a discussion that is long overdue. The author concludes that ex-authoritarian regimes like Argentina's junta and France's colony in Algeria have reduced torture more than democracies. These authoritarian regimes collapsed, and new democratic regimes ultimately discredited their predecessors' torture. Despite many zigzags in amnesty, Argentina was more scandalized by torture of its citizens and improved more than France because the latter's subsequent, Fifth Republic regime was more similar to the Fourth, protecting many torturers with a permanent amnesty. Continuous democracies like the United States and Israel have only reduced their worst torture, while "torture lite" continues without accountability. The same elected officials and security agency personnel and prerogatives have largely remained without any legal discipline for their past, secret, criminal practices. The United States and Israel continue to innovate, hide, and resume torture with discretion because the various new, legislative, judicial, and executive checks and balances amount to wishful legal statements. Democracies need permanent accountability mechanisms to assure that security services abolish torture in practice. Otherwise, torture will continue to generate more terrorists without generating information that is consistently reliable.

The last decade has witnessed an increased criticism against the human rights paradigm for its obsession with the 'culture of claims and rights.' According to the critics, this culture has led to an obsession with the rights of individuals at the expense of due attention to groups and to communities worldwide, resulting in the neglect of responsibilities and duties. It is also argued that there should be a shift from the Western emphasis on the rights for individuals to more attention to the responsibilities of individuals and collectivities as present in other cultures of the world. Several documents have been drafted to this effect. These discussions, and the ensuing documents, are far from only theoretical or abstract. They bear consequences in everyday life as evidenced in a number of areas, such as globalization, terrorism, multiculturalism, etc. This book examines this important human rights debate.

Negotiating Citizenship explores the growing inequalities associated with nation-based citizenship from the perspective of migrant women workers who have made their way from impoverished Third World countries to work in Canada in the caregiving industries of domestic service and nursing. The study demonstrates the impact of the global political economy, public and private gatekeeping mechanisms, and racialized and gendered stereotypes on the contested relationship between citizen-employers and non-citizen female migrant workers in Canada.

Despite growing popular and policy interest in 'new' slavery, with contemporary abolitionists calling for action to free an estimated 40 million 'modern slaves', interdisciplinary and theoretical dialogue has been largely missing from scholarship on 'modern slavery'. This edited volume will provide a space to reinvigorate the theory and practice of representing slavery and related systems of domination, in particular our understandings of the binary between slavery and freedom in different historical and political contexts. The book takes a critical approach, interrogating the concept of modern slavery by exploring where it has come from, and its potential for obscuring and foreclosing new understandings. Including contributions from philosophers, political theorists, sociologists, anthropologists, and English literature scholars, it adds to the emerging critique of the concept of 'modern slavery' through its focus on the connections between the past of Atlantic World slavery, the present of contemporary groups whose freedoms are heavily restricted (prisoners, child labourers in the Global South, migrant domestic workers, and migrant wives), and the futures envisaged by activists struggling against different elements of the systems of domination that Atlantic World slavery relied upon and spawned. Revisiting Slavery & Antislavery will be of indispensable value to scholars, students, policy makers and activists in the fields of human rights, modern history, international politics, social policy, sociology and global inequality.

Few issues have provoked as much controversy over the last decade as illegal immigration. While some argue for the need to seal America's borders and withdraw all forms of social and governmental support for illegal migrants and their children, others argue for humanitarian treatment--including legalization--for people who fill widely acknowledged needs in American industry and agriculture and have left home-country situations of economic hardship or political persecution. The study of illegal immigration necessarily confronts a broad range of migrants--from the familiar border crossers to those who enter illegally and overstay their visas, to the many unrecognized refugees who enter the country to seek protection under U.S. asylum law. The subject also demands attention to American society's responses to these newcomers--responses that often focus on limited elements of a complex issue.

A comprehensive, up-to-date review of this volatile subject, this book provides an accessible, balanced introduction to the subject. Covering the full range of illegal immigrants from Mexican border crossers to Central American refugees, illegal Europeans, and smuggled Chinese, the book considers the kind of work the migrants do and the public response to them. The work is divided into four parts: Concepts, Policies, and Numbers; The Migrants and Their Work; The Responses; and Illegal Immigration in Perspective.

The research presented in this book provides a stakeholder analysis of human rights protection at a time when the region appears to be regressing into an insidious and deep authoritarianism. As political space shrinks in Southeast Asia, the book provides an insight into how civil society engaged with the Universal Periodic Review (UPR) of the United Nations Human Rights Council during the first (2008-2011) and second (2012-2016) cycles. Through evidence-based research, the authors in this volume identify gaps in human rights reporting and advocacy during the UPR, notably on civil and political issues such as the right to life, freedom of expression, freedom of religion and belief, extrajudicial killings, arbitrary detention and claims for greater autonomy. In short, The Universal Periodic Review of Southeast Asia: Civil Society Perspectives, highlights the need for more engagement on civil and political issues during the third cycle of the UPR in 2017-2020. Failing this, the UPR process risks being reduced to a platform where civil society only engages on issues that States are willing to cooperate on. If this is the case, Southeast Asia's democratic transition will suffer a long term set back.

The immigration problem, which has been debated in the United States for over a century, is not likely to go away--least of all with the numbers of refugees and displaced and impoverished workers continuing to mount worldwide. The current bitterness and legislative stalemate over immigration policy are indications that new approaches to the issue need to be found. Removing himself from the specifics of the current congressional debate, Mark Gibney asks whether we are addressing the right questions and employing the correct criteria under our present admission practices. From a political-philosophical standpoint, the author looks at the fundamental social and moral questions that should be at the basis of any immigration policy: how do we distinguish between members and strangers, and do some strangers have more compelling claims than others for admission to this country?

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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This book discusses the issues of citizen rights, governance and political crisis in Brazil. The project has a focus on "citizenship in times of crisis," i.e., seeking to understand how citizenship rights have changed since the Brazilian political and economic crisis that started in 2014. Building on theories of citizenship and governance, the author examines policy-based evidence on the retractions of participatory rights, which are consequence of a stagnant economic scenario and the re-organization of conservative sectors. This work will appeal to scholarly audiences interested in citizenship, Brazilian politics, and Latin American policy and governance.

This book crosses the conventional border between the analysis of on-screen and off-screen intersections of law and cinema. It not only addresses the representation of law on screen (for example, through discussions of how lawyers, police, and prisons are depicted, or how courtroom sequences function as narratives), but also focuses on how the state shapes and regulates cinema. The volume addresses the distinct contexts of China, India, Japan, Korea, the Philippines, and Vietnam, along with an integrative introduction that puts the essays and themes into context for scholars and students alike.

During times of grave injustice, some individuals, groups, and organizations courageously resist maltreatment of all people, regardless of their backgrounds. Courageous resisters have assisted others in such locales as Nazi-controlled Europe throughout the 1930s and 40s, Argentina during the "Dirty War" of the 1970s, Rwanda in the 1990s genocide and Iraqi prisons in recent years. Using these and other case studies, this book introduces readers to the broad spectrum of courageous resistance and provides a framework for analyzing the factors that motivate and sustain opposition to human rights violations.

This interdisciplinary manuscript examines one nonprofit's five years of medical outreach in the condemned witches village of Gnani in Ghana, focusing on the clashes between traditional Ghanaian beliefs, African religious tenets, and contemporary Western medical science. The research draws upon 1,714 patient interventions and 95 personal interviews, exposing the inherent challenges of separating indigenous beliefs surrounding fate and witchcraft convictions from contemporary interpretations of biological pathogens, structural and gender-based violence, and evidence-based medicine. This book offers a novel perspective on witchcraft as it examines questions of stigmatization in order to extrapolate how disease, injury, and illness relate to social condition and the dialogue surrounding witchcraft. These unprecedented insights will serve to uncover and explore rural Ghanaian challenges in gender-based violence, religion, legal and political tenets, human rights, and medical science and their many implications for those in search of health parity, social justice, gender equity, and human rights.

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.

This book presents a case study of human trafficking from Nigeria to the UK, with a focus on practical measures for ending this trafficking. The study addresses the many aspects of human trafficking, including sexual exploitation, domestic servitude, labor exploitation, benefit fraud, and organ harvesting. Despite the huge investment of the international community to eradicate it, this form of modern day slavery continues, and the author urges stakeholders to focus not only on criminals but also on attitudes, cultures, laws and policies that hinder the eradication of modern slavery.

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.

This book makes a valuable contribution to the fascinating global debate on the meaning and scope of freedom of religion or belief and the relations between state, society and religion. It offers a cross-thematic approach to law and religion from the Global South. Law and religion have been consolidated to form a specific area of study in recent years. However, due to language barriers, most of the regional and national debates within Latin America have not been accessible to interested audiences from other parts of the world. Despite the specificities of the Latin American context, the issues, arrangements and processes that have been negotiated and developed in this part of the Global South make a valuable contribution to addressing the challenges that have arisen in other regions. The book analyses the intersections and interactions between religion and other far-reaching subjects such as politics and democracy, traditional cultures, national and ethnic groups, majorities and minorities, public education, management of diversity, intolerance and violence, as well as secularism and equality. The collection of essays is of interest not only to legal scholars and practitioners, but also to sociologists, political scientists and theologians, as well as to policymakers and civil society organizations.

This unique volume unpacks the concept and practice of naming and shaming by examining how governments, NGOs and international organisations attempt to change the behaviour of targeted actors through public exposure of violations of normative standards and legal commitments.

This book focuses on bilingualism in the context of migration and minorization processes. Its aim is to integrate recent research in this fast growing field of scientific and social interest into a single and coherent academic reference. The book has four parts. Part One goes into processes of early bilingual development. Part Two focuses on bilingual development of children at school age. In Part Three the constraints in processes of code-switching and borrowing are dealt with. Part Four discusses the issues related to processes of language maintenance and language loss. Taken from these four perspectives, the volume offers a comprehensive state of the art, with contributions from different combinations of language parts.

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.

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.

An examination of the political and economic power of a large African American community in a segregated southern city; this study attacks the myth that blacks were passive victims of the southern Jim Crow system and reveals instead that in Jacksonville, Florida, blacks used political and economic pressure to improve their situation and force politicians to make moderate adjustments in the Jim Crow system. Bartley tells the compelling story of how African Americans first gained, then lost, then regained political representation in Jacksonville. Between the end of the Civil War and the consolidation of city and county government in 1967, the political struggle was buffeted by the ongoing effort to build an economically viable African American economy in the virulently racist South. It was the institutional complexity of the African American community that ultimately made the protest efforts viable. Black leaders relied on the institutions created during Reconstruction to buttress their social agitation. Black churches, schools, fraternal organizations, and businesses underpinned the civil rights activities of community leaders by supplying the people and the evidence of abuse that inflamed the passions of ordinary people. The sixty-year struggle to break down the door blocking political power serves as an intriguing backdrop to community development efforts. Jacksonville's African American community never accepted their second-class status. From the beginning of their subjugation, they fought to remedy the situation by continuing to vote and run for offices while they developed their economic and social institutions.

Deportation and Exile describes the fate of hundreds of thousands of Poles - men, women and children - deported to Soviet territory by Stalin's security agencies between 1939 and 1948. Amnestied in 1941, recruited to Polish units formed on Soviet soil, tens of thousands made their exit into Persia in 1942. The rest either made their way back to Poland as combat troops, having been recruited to a second, communist-led army in 1943-44, or else awaited formal repatriation agreements concluded towards the end of the war.

The book applies an interdisciplinary analytical framework, based on social psychology theories of inclusion and exclusion, to a discussion of legal discourse and the development of legal frameworks in Europe concerning migrants, asylum seekers, refugees, and European citizens. It adopts a psycho-historical perspective to discuss the evolution of international and European law with regard to the rights of citizens and asylum-seeking non-citizens, from the law's inception following the Second World War up to present-day laws and policies. The book reveals the embracing of a European identity based on human rights as the common feature in European treaties and institutions, one that is focused on European citizens and has inclusionary objectives. However, a cognitive dissonance can also be found, as this common identity-making runs counter to national proclivities, as well as securitized, threat-perception-oriented perspectives that can produce exclusionary manifestations concerning persons seeking asylum. In particular, a view of inclusion and exclusion via legal categorizations of status, as well as distributions of social and economic rights, draws attention to the links between social psychology and international law. What emerges in the analysis: a process of creating value is present both at its psychological roots and the expressions of value in the law. Fundamentally speaking, the emergence of laws and policies that center on human beings and human dignity, when understood from a psychological and emotion-based perspective, has the potential to transcend the dissonances identified.