When does international law allow a State or group of States to adopt trade measures in order to "coerce" another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on "Trade and ..." issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.

The history of Latin American journalism is ultimately the story of a people who have been silenced over the centuries, primarily Native Americans, women, peasants, and the urban poor. This book seeks to correct the record propounded by most English-language surveys of Latin American journalism, which tend to neglect pre-Columbian forms of reporting, the ways in which technology has been used as a tool of colonization, and the Latin American conceptual foundations of a free press. Challenging the conventional notion of a free marketplace of ideas in a region plagued with serious problems of poverty, violence, propaganda, political intolerance, poor ethics, journalism education deficiencies, and media concentration in the hands of an elite, Ferreira debunks the myth of a free press in Latin America. The diffusion of colonial presses in the New World resulted in the imposition of a structural censorship with elements that remain to this day. They include ethnic and gender discrimination, technological elitism, state and religious authoritarianism, and ideological controls. Impoverished, afraid of crime and violence, and without access to an effective democracy, ordinary Latin Americans still live silenced by ruling actors that include a dominant and concentrated media. Thus, not only is the press not free in Latin America, but it is also itself an instrument of oppression.

In Ethnic Identity and Minority Protection: Designation, Discrimination, and Brutalization, Thomas W. Simon examines a new framework for considering ethnic conflicts. In contrast to the more traditional theories of justice, Simon's theory of injustice shifts focus away from group identity toward group harms, effectively making many problems, such as how to define minorities in international law, dramatically more manageable. Simon argues that instead of promoting legislative devices like proportional representation for minorities, it is more fruitful to seek adjudicative solutions to racial and ethnic-related conflicts. For example, resources could be shifted to quasi-judicial human-rights treaty bodies that have adopted an injustice approach. This injustice approach provides the foundation for Kosovo's case for remedial secession, and helps to sort out the competing entitlement claims of Malays in different countries. Indeed, the priority of Thomas W. Simon's Ethnic Identity and Minority Protection is to ensure the tales of designation and discrimination told at the beginning of the work do not become the stories of brutalization told at the end. In short, the challenge tackled in this text is to assure that reason reigns over hate.

Winner of the 2013 John Hope Franklin Book Prize presented by the American Studies Association A necessary read that demonstrates the ways in which certain people are devalued without attention to social contexts Social Death tackles one of the core paradoxes of social justice struggles and scholarship-that the battle to end oppression shares the moral grammar that structures exploitation and sanctions state violence. Lisa Marie Cacho forcefully argues that the demands for personhood for those who, in the eyes of society, have little value, depend on capitalist and heteropatriarchal measures of worth. With poignant case studies, Cacho illustrates that our very understanding of personhood is premised upon the unchallenged devaluation of criminalized populations of color. Hence, the reliance of rights-based politics on notions of who is and is not a deserving member of society inadvertently replicates the logic that creates and normalizes states of social and literal death. Her understanding of inalienable rights and personhood provides us the much-needed comparative analytical and ethical tools to understand the racialized and nationalized tensions between racial groups. Driven by a radical, relentless critique, Social Death challenges us to imagine a heretofore "unthinkable" politics and ethics that do not rest on neoliberal arguments about worth, but rather emerge from the insurgent experiences of those negated persons who do not live by the norms that determine the productive, patriotic, law abiding, and family-oriented subject.

The defeat of Apartheid and triumph of non-racial democracy in South Africa was not the work of just a few individuals. Ultimately, it came about through the actions – large and small – of many principled, courageous people from all walks of life and backgrounds.

Some of these activists achieved enduring fame and recognition and their names today loom large in the annals of the anti-apartheid struggle. Others were engaged in a range of practical, hands-on activities outside of the public eye. These were the loyal foot soldiers of the liberation Struggle, the unsung workers at the coal face who, largely behind the scenes, made a difference on the ground and helped to bring about meaningful change.

Even though Apartheid was aimed at entrenching white power and privilege, a number of whites rejected that system and instead joined their fellow South Africans in opposing it. Of these, a noteworthy proportion came from the Jewish community.

Mensches in the Trenches tells the hitherto unrecorded stories of some of these activists and the essential, if seldom publicised role that they and others like them played in bringing freedom and justice to their country.

Revelations about U.S. torture and prisoner abuse in blatant violation of the long-established and universally recognized Geneva Conventions have horrified most Americans. Nevertheless, it has been argued that the high stakes of the "War on Terror" have made the protections offered by the Conventions obsolete, or that the abuses are the work of a few rogue soldiers and officers. This book reaches past the headlines into the historical record to document POW torture and also domestic prisoner abuse dating well back in our history as well as government and military knowledge of and collusion in such ostensibly illegal and reprehensible acts. Is torture and prisoner abuse justified in the name of some greater good? As a society we shall have to decide. The historical record presented here can contribute much to an informed national discussion. Series features: BLTimeline anchoring the discussion in time and place BLBibliography of print and Internet resources guiding further exploration of the subject BLCharts and tables analyzing complex data, including survey results

National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established; some by constitution, some by legislation and some by decree. These NHRIs have varying functions, usually both promotional and protective, such as giving advice to government, parliament, and others, making recommendations on compliance with human rights standards, awareness raising, and analysis of law and policy. Despite the considerable variations in the method of their creation, powers and composition, most of these institutions have chosen or indeed been mandated, to become involved in international and regional fora. This book examines these institutions in the African region, the way in which they use the international and regional fora, the effectiveness of their contributions and how they are able to participate.

aImpressive, provocative and smart.Immigrant Rights in the Shadows of U.S. Citizenship is breathtaking in its timeliness and its broad scope.a
-- Erika Lee, author of "At America's Gates: Chinese Immigration during the Exclusion Era, 1882-1943"

aAn urgent collection of essays by both activists and scholars that puts legislative and judicial histories into dialogue with activists' struggles to bring about social justice for immigrant communities. Its ever-present focus on social justice connects the specificity of individual historical struggles to broader political aspirations.a
--Wendy Kozol, Oberlin College

Punctuated by marches across the United States in the spring of 2006, immigrant rights has re-emerged as a significant and highly visible political issue. Immigrant Rights in the Shadows of U.S. Citizenship brings prominent activists and scholars together to examine the emergence and significance of the contemporary immigrant rights movement. Contributors place the contemporary immigrant rights movement in historical and comparative contexts by looking at the ways immigrants and their allies have staked claims to rights in the past, and by examining movements based in different communities around the United States. Scholars explain the evolution of immigration policy, and analyze current conflicts around issues of immigrant rights; activists engaged in the current movement document the ways in which coalitions have been built among immigrants from different nations, and between immigrant and native- born peoples. The essays examine the ways in which questions of immigrant rights engage broader issues of identity, including gender, race, and sexuality.

On September 4, 1957, the group of African American high school students who became known as the Little Rock Nine walked up to the front of Central High to enroll in school. They were turned away by the National Guard, who had been called out by Arkansas Governor Orval Faubus. "Blood will run in the streets," said Faubus, "if Negro pupils should attempt to enter Central High School." A mob seethed out front. The man who led the Nine up to the lines of the National Guard on that fateful morning was the author's father, a white Presbyterian pastor.

"My Father Said Yes" is the untold story of the Reverend Dunbar Ogden, who became the pro-integration leader in Little Rock's white community. He responded to a call for support from Daisy Bates, co-owner of the town's black newspaper. Both faced fierce opposition from within as well as from outside. Reverend Ogden lost his church and Daisy Bates lost her newspaper.

This memoir is also a moving father-son story. In this frank account, the author discusses the depression his father battled for most of his life, as well as the family tragedy of his brother's suicide.

A revealing, comprehensive, and detailed account focusing on the people and personalities behind the Montgomery, Alabama, Bus Boycott in 1955–1956, which became the catalyst for a national civil rights movement. The Montgomery Bus Boycott: A History and Reference Guide offers a comprehensive account of a critical turning point in American history. It offers a richly detailed chronological trip through post-World War II Southern society to the early 1960s, then focuses on the day-to-day frustrations, challenges, and victories of the people behind the protest that inspired a nationwide movement. The Montgomery Bus Boycott fills a gap in available resources with its comprehensive portrait of mid-1950s Montgomery—the mainly black, uneducated female protestors, activist Rosa Parks, Dr. King, and the white society desperate to keep intact the only culture they understood. Firsthand news reports, editorials, quotes, eyewitness accounts, and behind-the-scenes stories of political maneuvering help readers experience this dramatic—and still reverberating—victory over oppression.

The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse. With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris

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aReparations for the continuing legacy of American racism is the central civil rights issue of the twenty-first century. Henry's bold and insightful Long Overdue provides a detailed examination of the current rationale for compensation to African Americans. Long Overdue skillfully explores the political debate and controversies surrounding reparations, and provides constructive suggestions for what the movement needs in order to achieve its policy objectives.a
--Manning Marable, author of "Let Nobody Turn Us Around"

aHenry offers a simply superb interrogation of the Black reparations movement that is distinguished by its attention to history, social movements theory, and global context. The case studies presented here provide contrasting examples of reparations in distinct time periods and highlight political mobilization on local, national, and international scales. Long Overdue compellingly illustrates how distinct demands for reparations have been historically articulated, how they have converged with Black nationalist thought, and how they have influenced the broader public discourse on race and racism. An essential read for a contentious debate.a
--Michael Omi, co-author of "Racial Formation in the United States: From the 1960s to the 1990s"

Ever since the unfulfilled promise of aForty Acres and a mule, a America has consistently failed to confront the issue of racial injustice. Exploring why America has failed to compensate Black Americans for the wrongs of slavery, Long Overdue provides a history of the racial reparations movement and shows why it is an idea whose time has come.

Martin Luther King, Jr., remarkedin his aI Have a Dreama speech that America has given Black citizens a abad checka marked ainsufficient funds.a Yet apart from a few Black nationalists, the call for reparations has been peripheral to Black policy demands. Charles P. Henry examines Americansa unwillingness to confront this economic injustice, and crafts a skillful moral, political, economic, and historical argument for African American reparations, focusing on successful political cases.

In the wake of recent successes in South Africa and New Zealand, new models for reparations have recently found traction in a number of American cities and states, from Dallas to Baltimore and Virginia to California. By looking at other dispossessed group -- Native Americans, holocaust survivors, and Japanese internment victims in the 1940s -- Henry shows how some groups have won the fight for reparations.

As Hurricane Katrina made apparent, the legacy of racial segregation and economic disadvantage is never far below the surface in America. Long Overdue provides an up-to-date survey of the political and legislative efforts that are now breaking the surface to move reparations into the heart of our national discussion about race.

The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the "neutrality trap" snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.

To which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.

A volume in Teaching<~> Learning Indigenous, Intercultural Worldviews: International Perspectives on Social Justice and Human Rights Series Editor: Tonya Huber-Warring, St. Cloud State University, Minnesota For readers new to the field of multicultural education and human relations education, the recency of these publications heralded as seminal may be confusing, for certainly the concepts building the field of multicultural education and human relations education have been around much longer. True. But, for the first time, we found the conceptual framework, guiding principles, and critical works across disciplines and fields in Smith's encyclopedic organization. Because of the comprehensive nature of Pritchy Smith's knowledge bases, they have been employed as the organizing themes for this volume. I would clarify that I have not burdened authors to study Smith's analysis and then apply it to their works; the categorization is my own. And, as is true of any topic, the interpretation and application may be broadly applicable.One of my major goals in founding this series has been to further develop the knowledge bases with voices from those in the trenches (literally and figuratively) and at the chalkface-while proverbial for some parts of the world, chalk remains a teaching staple in many regions of the world. The pages of the Teaching<~> Learning Indigenous, Intercultural Worldviews: International Perspectives on Social Justice and Human Rights book series will be used to build the knowledge bases for diversity concerning places and peoples, philosophies and positionalities not commonly appearing in the professional literature on education. Throughout this volume, authors will explore and research their own discoveries on this journey-narratives of crossing cultures and developing communities, reconceptualizing democracy and reinterpreting traditions, seeking solidarity and sowing the seeds of social justice. Through critical reflection in the shade of these giants, the reader may discover Ming Fang's bamboo tree.

The Tower of Babel narrative is one of the most memorable accounts of the Bible, and its interpretative potential has produced a vast array of literary adaptations. Undoing Babel is the first extensive examination of the development of the Babel narrative amongst Anglo-Saxon authors from late antiquity to the eleventh century. Tristan Major's illuminating and original insight into Anglo-Latin and Old English works, including the writings of Aldhelm, Bede, Alcuin, Aelfric, and Wulfstan, reveals the cultural ideologies and anxieties that transformed the Babel narrative. In doing so, Major argues that these Babel narratives provide a basis for understanding the world's ethnic and linguistic diversity as well as a theological stimulus to evangelize non-Christian and non-European people. Undoing Babel highlights the depth of literary innovation in this period and disproves any notion of a single Anglo-Saxon reception of biblical sources.

This is the first book that explores whether there are any rules in international law applicable to unilateral sanctions and if so, what they are. The book examines both the lawfulness of unilateral sanctions and the limitations within which they should operate. In doing so, it includes an analysis of State practice, the provisions of various international legal instruments dealing with such sanctions and their impact on other areas of international law such as freedom of navigation, aviation and transit, and the principles of international trade, investment, regional economic integration, and the protection of human rights and the environment. This study finds that unilateral sanctions by a state or a group of states against another state as opposed to 'smart' or targeted sanctions of limited scope would be unlawful, unless they meet the procedural and substantive requirements stipulated in international law. Importantly, the book identifies and consolidates these requirements scattered in different areas of international law, including the additional rules of customary international law that have emerged out of the recent practice of States and that increase the limitations on the use of unilateral sanctions.

This collection offers an overview of the issues involved concerning the interface between human rights and intellectual property rights (IPRs). It makes clear that two schools of thought have developed. The first school maintains that human rights and IPRs are in fundamental conflict. Strong protection of IP is incompatible with human rights obligations. Thus, for resolving the conflict between the two, it is suggested that human rights should always prevail over IPRs. Whereas the second school of thought asserts that human rights and IPRs pursue the same aim; that is to define the appropriate scope of private monopoly power to create incentives for authors and inventors, while ensuring that the public has adequate access to the fruits of their efforts. Accordingly, they argue, human rights and IP are compatible. However, what is needed is to strike a balance between the provision of incentives to innovate and public access to products of that innovation. This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs. The discussion on the relationship of human rights and IPRs is an ongoing one; this volume makes a valuable contribution to the debate and will further stimulate the interest to explore and address these complex and challenging issues. This is the second volume in The Raoul Wallenberg Institute of Human Rights and Humanitarian Law 'New Authors' series, which contains the best theses from the human rights masters programmes in Lund and Venice.

No Prejudice Here chronicles a heretofore untold story of civil rights in modern America. In embracing the Western urban experience, it relates the struggle for civil rights and school desegregation in Denver, Colorado. It chronicles early legislative and political trends to promote Denver as a racially tolerant city, which encouraged African-Americans to move to the urban center for opportunities unique to communities in the postwar American West while nonetheless trying to maintain segregation by limiting educational and employment opportunities for minorities. Dynamic historian Summer Cherland recounts this tension over six decades, with specific attention to the role of community control efforts, legislative and political strategies, and the importance of youth activism. Her insightful study provides an overview of the seminar 1974 Supreme Court case Keyes v. Denver Public Schools No. 1, and traces the community's reaction to court decisions until the city was released from federal oversight twenty years later. Cherland's book proves that civil rights activism, and the need for it, lasted well beyond the years that typically define the civil rights movement, and illustrates for our contemporary consideration the longstanding struggle in urban communities for justice and equality.

This timely work offers a clear and thorough assessment of how Roma make sure their voice is heard and addresses the difficulty in determining who legitimately represents this heterogeneous transnational minority community. The book argues that Roma are a transnational minority that, as such, requires transnational representation structures to complement domestic political representation structures. After explaining the relationship between representation and political participation within the context of ethnic mobilization, the book then evaluates representation structures and Roma participation in Romania, Hungary, and in the transnational political context. Analytically, the book presents a multidisciplinary approach that draws from the literature on minority rights, citizenship, international relations, and social movements. Empirically, it describes two domestic political contexts and a transnational one. An engaging, informative, and accessible text, Who Speaks for Roma? sheds light on the key challenges facing Roma across Europe today and will be a timely reference for anyone interested in minority politics, political participation, political representation, and human rights.

Dangerous Talk examines the "lewd, ungracious, detestable, opprobrious, and rebellious-sounding" speech of ordinary men and women who spoke scornfully of kings and queens. Eavesdropping on lost conversations, it reveals the expressions that got people into trouble, and follows the fate of some of the offenders. Introducing stories and characters previously unknown to history, David Cressy explores the contested zones where private words had public consequence. Though "words were but wind," as the proverb had it, malicious tongues caused social damage, seditious words challenged political authority, and treasonous speech imperiled the crown.
Royal regimes from the house of Plantagenet to the house of Hanover coped variously with "crimes of the tongue" and found ways to monitor talk they deemed dangerous. Their response involved policing and surveillance, judicial intervention, political propaganda, and the crafting of new law. In early Tudor times to speak ill of the monarch could risk execution. By the end of the Stuart era similar words could be dismissed with a shrug. This book traces the development of free speech across five centuries of popular political culture, and shows how scandalous, seditious and treasonable talk finally gained protection as "the birthright of an Englishman." The lively and accessible work of a prize-winning social historian, it offers fresh insight into pre-modern society, the politics of language, and the social impact of the law.

This edited volume is the first to focus on how concepts of citizenship diversify and stimulate the long-standing field of law and literature, and vice versa. Building on existing research in law and literature as well as literature and citizenship studies, the collection approaches the triangular relationship between citizenship, law and literature from a variety of disciplinary, conceptual and political perspectives, with particular emphasis on the performative aspect inherent in any type of social expression and cultural artefact. The sixteen chapters in this volume present literature as carrying multifarious, at times opposing energies and impulses in relation to citizenship. These range from providing discursive arenas for consolidating, challenging and re-negotiating citizenship to directly interfering with or inspiring processes of law-making and governance. The volume opens up new possibilities for the scholarly understanding of citizenship along two axes: Citizenship-as-Literature: Enacting Citizenship and Citizenship-in-Literature: Conceptualising Citizenship.