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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
This book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Ai Kihara-Hunt's Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.
"After saying our good-byes to friends and neighbors, we all got in the cars and headed up the hill and down the road toward a future in Ohio that we hoped would be brighter," Otis Trotter writes in his affecting memoir, Keeping Heart: A Memoir of Family Struggle, Race, and Medicine. Organized around the life histories, medical struggles, and recollections of Trotter and his thirteen siblings, the story begins in 1914 with his parents, Joe William Trotter Sr. and Thelma Odell Foster Trotter, in rural Alabama. By telling his story alongside the experiences of his parents as well as his siblings, Otis reveals cohesion and tensions in twentieth-century African American family and community life in Alabama, West Virginia, and Ohio. This engaging chronicle illuminates the journeys not only of a black man born with heart disease in the southern Appalachian coalfields, but of his family and community. It fills an important gap in the literature on an underexamined aspect of American experience: the lives of blacks in rural Appalachia and in the nonurban endpoints of the Great Migration. Its emotional power is a testament to the importance of ordinary lives.
The stark reality is that throughout the world, women disproportionately live in poverty. This indicates that gender can both cause and perpetuate poverty, but this is a complex and cross-cutting relationship.The full enjoyment of human rights is routinely denied to women who live in poverty. How can human rights respond and alleviate gender-based poverty? This monograph closely examines the potential of equality and non-discrimination at international law to redress gender-based poverty. It offers a sophisticated assessment of how the international human rights treaties, specifically the Convention on the Elimination of Discrimination Against Women (CEDAW), which contains no obligations on poverty, can be interpreted and used to address gender-based poverty. An interpretation of CEDAW that incorporates the harms of gender-based poverty can spark a global dialogue. The book makes an important contribution to that dialogue, arguing that the CEDAW should serve as an authoritative international standard setting exercise that can activate international accountability mechanisms and inform the domestic interpretation of human rights.
Human Rights, Hegemony and Utopia in Latin America: Poverty, Forced Migration and Resistance in Mexico and Colombia by Camilo Perez-Bustillo and Karla Hernandez Mares explores the evolving relationship between hegemonic and counter-hegemonic visions of human rights, within the context of cases in contemporary Mexico and Colombia, and their broader implications. The first three chapters provide an introduction to the books overall theoretical framework, which will then be applied to a series of more specific issues (migrant rights and the rights of indigenous peoples) and cases (primarily focused on contexts in Mexico and Colombia,), which are intended to be illustrative of broader trends in Latin America and globally.
Human Rights and Capitalism brings together two important facets of the globalisation debate and examines the complex relationship between human rights, property rights and capitalist economies. Human rights issues have become increasingly important in this debate and their place as harbingers of justice or as an instrument of oppression is fiercely contended. Both sides of this issue are considered in the contributions to this book and the complex relationships between human rights, human dignity and capitalist economies are the themes running throughout the work. Appearing at a time when these issues are a subject of extreme controversy, this book is distinguished by its balanced and academic approach. In three sections, the work first of all deals with theoretical and philosophical issues, exploring tensions between capitalism and human rights. The second section considers more specific problems relating to the trading regime, which have significant impacts on human rights, and the final section considers human rights and capitalism in a South American context. This is an interdisciplinary exploration of the tensions which occur in the modern globalised trading regime between capitalism and the attainment of universal human rights. It will be of interest to scholars interested in the globalisation debate, as well as economists, lawyers, philosophers and political scientists.
In his lead essay, Tully applies his distinctive philosophy to the global field of citizenship. The second part of the book contains responses from influential interlocutors including Bonnie Honig and Marc Stears, David Owen and Adam Dunn, Aletta Norval, Antony Laden, and Duncan Bell. These provide a commentary not just on the ideas contained in this volume, but on Tully's approach to political philosophy more generally, thus making the book an ideal first source for academics and students wishing to engage with Tully's work. The volume closes with a response from Tully to his interlocutors. This is the opening volume in Bloomsbury's Critical Powers series of dialogues between authors and their critics. It offers a stimulating read for students and scholars of political theory and philosophy, especially those engaged with questions of citizenship. It is an ideal first source for academics and students wishing to engage with Tully's work.
In this book, Mireya Loza sheds new light on the private lives of migrantmen who participated in the Bracero Program (1942-1964), a binationalagreement between the United States and Mexico that allowed hundredsof thousands of Mexican workers to enter this country on temporary workpermits. While this program and the issue of temporary workers has longbeen politicized on both sides of the border, Loza argues that the prevailingromanticized image of braceros as a family-oriented, productive, legal workforcehas obscured the real, diverse experiences of the workers themselves.Focusing on underexplored aspects of workers' lives-such as their transnationalunion-organizing efforts, the sexual economies of both hetero andqueer workers, and the ethno-racial boundaries among Mexican indigenousbraceros-Loza reveals how these men defied perceived political, sexual, andracial norms. Basing her work on an archive of more than 800 oral histories from theUnited States and Mexico, Loza is the first scholar to carefully differentiatebetween the experiences of mestizo guest workers and the many Mixtec,Zapotec, Purhepecha, and Mayan laborers. In doing so, she captures themyriad ways these defiant workers responded to the intense discriminationand exploitation of an unjust system that still persists today.
From Bay Ridge to Astoria, explore political action in Arab New York Arab Americans are a numerically small proportion of the US population yet have been the target of a disproportionate amount of political scrutiny. Most non-Arab Americans know little about what life is actually like within Arab communities and in organizations run by and for the Arab community. Big political questions are central to the Arab American experience-how are politics integrated into Arab Americans' everyday lives? In Arab New York, Emily Regan Wills looks outside the traditional ideas of political engagement to see the importance of politics in Arab American communities in New York. Regan Wills focuses on the spaces of public and communal life in the five boroughs of New York, which are home to the third largest concentration of people of Arab descent in the US. Many different ethnic and religious groups form the overarching Arab American identity, and their political engagement in the US is complex. Regan Wills examines the way that daily practice and speech form the foundation of political action and meaning. Drawing on interviews and participant observation with activist groups and community organizations, Regan Wills explores topics such as Arab American identity for children, relationships with Arab and non-Arab Americans, young women as leaders in the Muslim and Arab American community, support and activism for Palestine, and revolutionary change in Egypt and Yemen. Ultimately, she claims that in order to understand Arab American political engagement and see how political action develops in Arab American contexts, one must understand Arab Americans in their own terms of political and public engagement. They are, Regan Wills argues, profoundly engaged with everyday politics and political questions that don't match up to conventional politics. Arab New York draws from rich ethnographic data and presents a narrative, compelling picture of a community engaging with politics on its own terms. Written to expand the existing literature on Arab Americans to include more direct engagement with politics and discourse, Arab New York also serves as an appropriate introduction to Arab American communities, ethnic dynamics in New York City and elsewhere in urban America, and the concept of everyday politics.
In 1981, decades before mainstream America elected Barack Obama,
James Chase became the first African American mayor of Spokane,
Washington, with the overwhelming support of a majority-white
electorate. Chase's win failed to capture the attention of
historians--as had the century-long evolution of the black
community in Spokane. In "Black Spokane: The Civil Rights Struggle
in the Inland Northwest," Dwayne A. Mack corrects this
oversight--and recovers a crucial chapter in the history of race
relations and civil rights in America.
Although there has been a lot written about how counter-terrorism laws impact on human rights and civil liberties, most of this work has focussed on the most obvious or egregious kinds of human rights abrogation, such as extended detention, torture, and extraordinary rendition. Far less has been written about the complex ways in which Western governments have placed new and far-reaching limitations on freedom of speech in this context since 9/11. This book compares three liberal democracies - the United States, the United Kingdom and Australia, in particular showing the commonalities and similarities in what has occurred in each country, and the changes in the appropriate parameters of freedom of speech in the counter-terrorism context since 9/11, achieved both in policy change and the justification for that change. In all three countries much speech has been criminalized in ways that were considered anachronistic, or inappropriate, in comparable policy areas prior to 9/11. This is particularly interesting because other works have suggested that the United States' unique protection of freedom of speech in the First Amendment has prevented speech being limited in that country in ways that have been pursued in others. This book shows that this kind of argument misses the detail of the policy change that has occurred, and privileges a textual reading over a more comprehensive policy-based understanding of the changes that have occurred. The author argues that we are now living a new-normal for freedom of speech, within which restrictions on speech that once would have been considered aberrant, overreaching, and impermissible are now considered ordinary, necessary, and justified as long as they occur in the counter-terrorism context. This change is persistent, and it has far reaching implications for the future of this foundational freedom.
New media forums have created a unique opportunity for citizens to participate in a variety of social and political contexts. The public is able to interact more effectively in activities within their communities as new technologies are being created and utilized. Technology and the New Generation of Active Citizens: Emerging Research and Opportunities is a pivotal reference source for the latest research findings on the use of information and communication technologies for active citizen engagement. Featuring extensive coverage on relevant areas such as digital competence framework, multimedia, and social media, this publication is an ideal resource for professionals, consultants, university teachers, practitioners, community organizers, government administrators, citizens, and activists.
Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that recently reached the Supreme Court and explains why the constitutionality of same-sex marriage bans cannot be defended on the basis that maintaining marriage as an exclusively heterosexual institution helps to promote the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.
Citizenship and Democratization in Southeast Asia redirects the largely western-oriented study of citizenship to postcolonial states. Providing various fascinating first-hand accounts of how citizens interpret and realize the recognition of their property, identity, security and welfare in the context of a weak rule of law and clientelistic politics, this study highlights the importance of studying citizenship for understanding democratization processes in Southeast Asia. With case studies from Thailand, Indonesia, the Philippines and Cambodia, this book provides a unique bottom-up perspective on the character of public life in Southeast Asia. Contributors are: Mary Austin, Laurens Bakker, Ward Berenschot, Sheri Lynn Gibbings, Takeshi Ito, David Kloos, Merlyna Lim, Astrid Noren-Nilsson, Oona Pardedes, Emma Porio, Apichat Satitniramai, Wolfram Schaffer and Henk Schulte Nordholt.
Histories of civil rights movements in America generally place little or no emphasis on the activism of Asian Americans. Yet, as this fascinating new study reveals, there is a long and distinctive legacy of civil rights activism among foreign and American-born Chinese, Japanese, and Filipino students, who formed crucial alliances based on their shared religious affiliations and experiences of discrimination. Stephanie Hinnershitz tells the story of the Asian American campus organizations that flourished on the West Coast from the 1900s through the 1960s. Using their faith to point out the hypocrisy of fellow American Protestants who supported segregation and discriminatory practices, the student activists in these groups also performed vital outreach to communities outside the university, from Californian farms to Alaskan canneries. Highlighting the unique multiethnic composition of these groups, Race, Religion, and Civil Rights explores how the students' interethnic activism weathered a variety of challenges, from the outbreak of war between Japan and China to the internment of Japanese Americans during World War II. Drawing from a variety of archival sources to bring forth the authentic, passionate voices of the students, Race, Religion, and Civil Rights is a testament to the powerful ways they served to shape the social, political, and cultural direction of civil rights movements throughout the West Coast.
Catalan-language publishers were under constant threat during the dictatorship of Francisco Franco (1939-1975). Both the Catalan language and the introduction of foreign ideas were banned by the regime, preoccupied as it was with creating a "one, great and free Spain." Books against Tyranny examines the period through its censorship laws and censors' accounts by means of intertextuality, an approach that aims to shed light on the evolution of Francoism's ideological thought. The documents examined here includes firsthand witness accounts, correspondence, memoirs, censorship files, newspapers, original interviews, and unpublished material housed in various Spanish archives. As such, the book opens up the field and serves as an informative tool for scholars of Franco's Spain, Catalan social movements, or censorship more generally.
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