From human trafficking to the smuggling of small arms to the looting of antiquities, illicit trade poses significant threats to international order. So why is it so difficult to establish international cooperation against illicit trade? Governing Guns, Preventing Plunder offers a novel, thought-provoking answer to this crucial question.
Conventional wisdom holds that criminal groups are the biggest obstacle to efforts to suppress illicit trade. Contrarily, Asif Efrat explains how legitimate actors, such as museums that acquire looted antiquities, seek to hinder these regulatory efforts. Yet such attempts to evade regulation fuel international political conflicts between governments demanding action against illicit trade and others that are reluctant to cooperate. The book offers a framework for understanding the domestic origins of these conflicts and how the distribution of power shapes their outcome. Through this framework, Efrat explains why the interests of governments vary across countries, trades, and time. In a fascinating empirical analysis, he solves a variety of puzzles: Why is the international regulation of small arms much weaker than international drug control? What led the United States and Britain to oppose the efforts against the plunder of antiquities, and why did they ultimately join these efforts? How did American pressure motivate Israel to tackle sex trafficking? Efrat's findings will change the way we think about illicit trade, offering valuable insights to scholars, activists, and policymakers.

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

The Law of Non-International Armed Conflict brings together and critically analyses the disparate conventional, customary, and soft law relating to non-international armed conflict. All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, the Philippines, and Sudan are all considered. The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups, particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

Since 1996, when new, harsher deportation laws went into effect, the United States has deported millions of noncitizens back to their countries of origin. While the rights of immigrants-with or without legal status-as well as the appropriate pathway to legal status are the subject of much debate, hardly any attention has been paid to what actually happens to deportees once they "pass beyond our aid." In fact, we have fostered a new diaspora of deportees, many of whom are alone and isolated, with strong ties to their former communities in the United States. Daniel Kanstroom, author of the authoritative history of deportation, Deportation Nation, turns his attention here to the current deportation system of the United States and especially deportation's aftermath: the actual effects on individuals, families, U.S. communities, and the countries that must process and repatriate ever-increasing numbers of U.S. deportees. Few know that once deportees have been expelled to places like Guatemala, Cambodia, Haiti, and El Salvador, many face severe hardship, persecution and, in extreme instances, even death. Addressing a wide range of political, social, and legal issues, Kanstroom considers whether our deportation system "works" in any meaningful sense. He also asks a number of under-examined legal and philosophical questions: What is the relationship between the "rule of law" and the border? Where do rights begin and end? Do (or should) deportees ever have a "right to return"? After demonstrating that deportation in the U.S. remains an anachronistic, ad hoc, legally questionable affair, the book concludes with specific reform proposals for a more humane and rational deportation system.

This is a comprehensive Report on every armed conflict which took place during 2012. It is the first of a new series of annual reports on armed conflicts across the globe, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they create. In Part I the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2012, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of these conflicts are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include drone strikes, the use of explosive weapons, small arms, forced displacement of civilians, detention at Guantanamo Bay, and the enforcement of international humanitarian and criminal law in both national and international courts. The Report gives a full and accessible overview of armed conflicts in 2012. It should be the first port of call for everyone working in the field.

Human Rights Indicators: A Guide to Measurement and Implementation aims to assist in developing quantitative and qualitative indicators to measure progress in the implementation of international human rights norms and principles. It describes the conceptual and methodological framework for human rights indicators recommended by international and national human rights mechanisms and used by a growing number of governmental and non-governmental actors. It provides concrete examples of indicators identified for a number of human rights - all originating from the Universal Declaration of Human Rights - and other practical tools and illustrations, to support the realisation of human rights at all levels. The Guide will be of interest to human rights advocates as well as policymakers, development practitioners, statisticians and others who are working to make human rights a reality for all.

Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future.
The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.

Despite the disasters of Iraq, Afghanistan, Syria and ever more visible evidence of the horrors of war, the concepts of 'Humanitarian Intervention' and 'Just War' enjoy widespread legitimacy and continue to exercise an unshakeable grip on our imaginations. Robin Dunford and Michael Neu provide a clear and comprehensive critique of both Just War Theory and the Responsibility to Protect (R2P) doctrine, deconstructing the philosophical, moral and political arguments that underpin them. In doing so, they show how proponents of Just War and R2P have tended to treat killing in a way which obscures the complex and often messy reality of war, and pays little heed to the human impact of such conflicts. Going further, they provide answers to such difficult questions as 'Surely it would have been just for us to intervene in the Rwandan genocide?' An essential guide to one of the most difficult moral and political issues of our age.

The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. This volume, which consists of two books and a DVD and is edited by two legal experts on the Sierra Leone court, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor v. Brima, Kamara and Kanu. It contains the full text of all substantive judicial decisions, including the majority, separate and concurring as well as dissenting opinions. It additionally provides relevant information for a better understanding of the case, such as the indictments, a list of admitted exhibits and a list of documents on the case file. The book, which is only the first in a series of edited law reports that will capture the entire jurisprudential legacy of the tribunal, fills the gap for a single and authoritative reference source of the tribunal s jurisprudence. It is intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions as well as anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone. N.B.: The hardback copy of this title contains a DVD with documents. The e-book version does not.

What should be the role of our institutions of higher education? To promote good moral character? To bring an end to racism, sexism, economic oppression, and other social ills? To foster diversity and democracy and produce responsible citizens? In Save the World On Your Own Time, Stanley Fish argues that, however laudable these goals might be, there is but one proper role for the academe in society: to advance bodies of knowledge and to equip students for doing the same. When teachers offer themselves as moralists, political activists, or agents of social change rather than as credentialed experts in a particular subject and the methods used to analyze it, they abdicate their true purpose. And yet professors now routinely bring their political views into the classroom and seek to influence the political views of their students. Those who do this will often invoke academic freedom, but Fish suggests that academic freedom, correctly understood, is the freedom to do the academic job, not the freedom to do any job that the professor so chooses. Fish insists that a professor's only obligation is "to present the material in the syllabus and introduce students to state-of-the-art methods of analysis. Not to practice politics, but to study it; not to proselytize for or against religious doctrines, but to describe them; not to affirm or condemn Intelligent Design, but to explain what it is and analyze its appeal." Given that hot-button issues such as Holocaust denial, free speech, and the Israeli-Palestinian conflict are regularly debated in classrooms across the nation, Save the World On Your Own Time is certain to spark fresh debate-and to incense both liberals and conservatives alike-about the true purpose of higher education in America. "A vigorous defense of that abstemious understanding of the teacher's task, laced with numerous examples of its egregious violation." -First Things "Exhilarating, the thought polished and white-hot, this book makes the reader think and often wince, especially teachers like me who have aged out of the intellectual into the easy and congenial. A close reading of Save the World should purge much nonsense from classrooms." -Sam Pickering, author of Letters to a Teacher

Terrorism and International Law: Accountability, Remedies, and Reform, researched and written by the International Bar Association's Task Force on International Terrorism, examines the developments in international law and practice in this dynamic and often controversial area. The Task Force comprises world famous jurists and, chaired by Justice Richard Goldstone, provides authoritative expert analysis of the operation and application of international law to terrorism and provides recommendations for reform.
This title covers developments in the counter-terrorism policies and practice of individual states and international and regional organizations. It examines the framework of derogations and national security limitations in international human rights law, as well as clarifying when international humanitarian law applies to terrorism and counter-terrorism. This title provides a global overview of counter-terrorism, including but not restricted to the US-led 'war on terror', by considering case law and examples of state practice from all continents.
The chapters cover the framework of international conventions against terrorism; international humanitarian law; international human rights law; the investigation and prosecution of terrorist crimes and of international crimes committed in the course of counter-terrorism; state responsibility for internationally unlawful acts as relating to terrorism and counter-terrorism; reform in counter-terrorism; and victims' right to a remedy and reparations. The book closes with conclusions and recommendations from the IBA Task Force on areas for reform and focuses on how the international community can ensure respect for human rights and the rule of law when responding to the threat of terrorism.

The Euro Area, the Schengen Area, and Airbus - the 'Anglosphere', the Franco-German 'motor' and Nordic cooperation - each illustrates how differentiation has become a pervasive feature of European integration. Which Europe? offers an authoritative and comprehensive examination of differentiated integration in its functional and its territorial aspects. It focuses on its implications for both the practice and the theory of European integration. Is it strengthening or weakening the EU and its Member States? Are territorial identities being undermined or strengthened? Are new theories of integration required? In particular, this book looks at the relationship between the growth in use of differentiated integration and the widening of European Union membership, the broadening in its policy scope, and the deepening in integration.

Though the Qatar 2022 FIFA Men's World Cup is for many a symbol of long-standing corruption and human rights problems, the event may actually represent something entirely new. Megasports are now demonstrating a capacity to leave what this book calls a human rights and anti-corruption legacy: norms, practices, policies, or laws that have application beyond sport, are likely to endure after the event, and the implementation of which is accelerated by hosting the event. In the 2010s, Brazil's hosting of the FIFA Men's World Cup and Summer Olympics, and then South Korea's hosting of the Winter Olympics, left what this book calls reactive, accidental, and one-dimensional anti-corruption legacies. Most would be shocked to find that Qatar now moves this legacy concept forward, undertaking to create megasports' first intentional and proactive human rights legacy. The first and perhaps best opportunity to build a proactive, intentional, and two-dimensional human rights and anti-corruption legacy lies in France, as it prepares to host the 2024 Paris Summer Olympics while implementing new landmark anti-corruption and human rights laws. The concept may still advance in Australia and New Zealand (2023 FIFA Women's World Cup) and Italy (2026 Milan Cortina Winter Olympics). However, the United Bid of Canada, the United States, and Mexico has promised the first proactive, intentional, and two-dimensional legacy around the 2026 FIFA Men's World Cup. The book analyzes existing megasport policies and practices, then suggests reforms to acknowledge and support these new legacies.

At the 2005 UN World Summit, world leaders endorsed the international principle of Responsibility to Protect (R2P), acknowledging that they had a responsibility to protect their citizens from genocide and mass atrocities and pledging to act in cases where governments manifestly failed in their responsibility. This marked a significant turning point in attitudes towards the protection of citizens worldwide.
This important new book charts the emergence of this principle, from its origins in a doctrine of sovereignty as responsibility, through debates about the legitimacy of humanitarian intervention and the findings of a prominent international commission, and finally through the long and hard negotiations that preceded the 2005 commitment. It explores how world leaders came to acknowledge that sovereign rights entailed fundamental responsibilities and what that acknowledgment actually means. The book goes on to analyze in detail the ways in which R2P can contribute to the global effort to end genocide and mass atrocities. Focusing on the prevention of these crimes and the improvement of the world's reaction to them, the book explores the question of how to build sustainable peace in their aftermath. Alex J. Bellamy argues that although 2005 marked an important watershed, much more work is needed to defend R2P from those who would walk away from their commitments and - in the words of UN Secretary-General Ban Ki-moon - to translate the principle 'from words into deeds'.
This fascinating book will appeal to students and scholars of international relations, international affairs, human rights and humanitarian emergencies, as well as anyone concerned about the protection of civilians on a global scale

Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights.
This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

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aAt this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context.a
--"International Law Reporter"

aProvides a timely work of history and a provactive thesisa--"New York Law Journal"

In an illuminating . . . survey, Richards traces the use of military commissions . . . throughout the U.S. history as well as in the Boer War and World War I.a
--"New York Law Journal"

"A fascinating history of military commissions in the West's prior wars. Peter Richards argues that military justice has a necessary role to play in defeating al Qaeda. The processes of fair trial, he argues, must take account of the real difficulties posed by this new style of war."
--Ruth Wedgwood, Edward Burling Professor of International Law and Diplomacy, Johns Hopkins University

"An excellent work, breaking new ground while respecting the scholarship and writing that has gone before. It is unique in its content, approach, and lessons, reflecting deep research and excellent scholarship."
--Gary D. Solis, Georgetown Law, and author of "Marines and Military Law in Vietnam"

The Al-Qaeda terror attacks of September 11, 2001 aroused a number of extraordinary counter measures in response, including an executive order authorizing the creation of military tribunals or "commissions" for the trial of accused terrorists. The Supreme Court has weighed in on the topic with some controversial and deeply divided decisions, most recently "Hamdan v. Rumsfeld,"

At this critical moment in time, Extraordinary Justice seeks to fill an important gap in our understanding of what military tribunals are, how they function, and how successful they are in administering justice by placing them in comparative and historical context. Peter Judson Richards examines tribunals in four modern conflicts: the American Civil War, the British experience in the Boer War, the French tribunals of the "Great War," and allied practices during the Second World War.

Richards also examines the larger context of specific political, legal and military concerns, addressing scholarly and policy debates that continually arise in connection with the implementation of these extraordinary measures. He concludes that while the record of the national tribunals has been mixed, enduring elements in the character of warfare, of justice, and the nature of political reality together justify their continued use in certain situations.

Over the past 150 years, the International Committee of the Red Cross (ICRC) has been one of the main drivers of progressive development in international humanitarian law, whilst assuming various roles in the humanization of the laws of war. With select contributions from international experts, this book critically assesses the ICRC's unique influence in international norm creation. It provides a detailed analysis of the workings of the International Red Cross, Red Crescent Movement and ICRC by addressing the milestone achievements as well as the failures, shortcomings and controversies over time. Crucially, the contributions highlight the lessons to be learnt for future challenges in the development of international humanitarian law. This book will be of particular interest to scholars and students of international law, but also to practitioners working in the field of international humanitarian law at both governmental and non-governmental organizations.

Traditions of War examines wars and military occupation, and the ideas underlying them. The search for these ideas is conducted in the domain of the laws of war, a body of rules which sought to regulate the practices of war and those permitted to fight in it. This work introduces three ideologies: the martial, Grotian, and republican. These traditions were rooted in incommensurable conceptions of the good life, and the overall argument is that these differences lay at the heart of the failure fully to resolve the distinction between lawful and unlawful combatants at successive diplomatic conferences of Brussels in 1874, the Hague in 1899 and 1907, and Geneva in 1949. Based on a wide range of sources and drawing on a plurality of intellectual disciplines, this book places these diplomatic failures in their broader social and political contexts, bringing out ideological continuities through an illustration of the social history of army occupation in Europe and resistance to it.

When Adolph Eichmann stood trial in Jerusalem in 1961, Israel and the rest of the world experienced a reaction unlike any other produced by proceedings against a Nazi war criminal. Although some details about the Holocaust were generally known by the early sixties, the painful topic had slipped from public discussion as countries touched by World War II moved on to other pressing matters. Among Israeli Jews fighting for a new homeland, the near-extermination of European Jewry was misunderstood as an embarrassment -- an instance of Jewish impotence in the face of victimization by the Nazis. However, as the head of Hitler's Race and Resettlement Office stood trial on Israeli soil under the eye of the international media and Israeli survivors told their powerful stories to the world, the Holocaust became a defining experience for Zionism and human history.

Facing the Glass Cage, being published in English for the first time, is a detailed account of Eichmann's trial by the poet and journalist Haim Gouri, who was assigned to cover the event by the Israeli daily newspaper Lamerhav. The trial changed attitudes toward the Holocaust, and Gouri's reporting was the literary catalyst of this change. Packed with tension, Gouri's riveting descriptions of the testimony reveal a marked shift in attitudes toward Holocaust survivors in Israeli society. He admits to his initial skepticism toward these witnesses, and yet he learns much from them. Gouri's account is both a fascinating historical document and a chronicle of an extraordinary poet's encounter with one of the most terrible events of our times.

After fourteen years as a death row lawyer in Florida, Michael Mello has seen enough. Dead Wrong is a candid and compelling account of his decision to withdraw from "the machinery of death" - the American capital punishment system. Telling stories of cases he worked on - including those of confessed serial killer Ted Bundy and of "Crazy Joe" Spaziano, wrongly convicted but still on death row after twenty years - Mello provides an inside view of death row lawyering as no one has done before. He describes how he and others fought to make the post-conviction system work, ensuring inmates the right to a fair appeal. Alternately impassioned, angry, and haunted by the victims, crimes, and criminals, Mello draws us into the legal maze of appeals, death warrants, stays of execution, and executions. Though Mello is unflinching in his recognition of the brutal realities of capital crimes, his book is a powerful indictment of the death penalty enterprise in America. He is appalled at the lack of vigilance in a system that routinely punishes guilty and innocent alike. And, practicing in Florida, he saw the state's death penalty cost to taxpayers rise to an estimated average $3.2 million per execution - six times the average cost of life imprisonment.

The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal. CONTENTS PART 1 THE GENEALOGY OF HUMAN RIGHTS 1 The Triumph of Human Rights 2 A Brief History of Natural Law I: The Classical Beginnings 3 A Brief History of Natural Law II: From Natural Law to Natural Rights 4 Natural Right in Hobbes and Locke 5 Revolution and Declarations: The Rights of Men, Citizens and Few Others 6 The Triumph of Humanity: From 1789 to 1989 and from Natural to Human Rights PART 2 THE PHILOSOPHY OF HUMAN RIGHTS 7 The Classical Critiques of Rights: Burke and Marx 8 Subjectum and Subjectus: The Free and Subjected Subject 9 Law's Subjects: Rights and Legal Humanism 10 Hegel's Law: Rights and Recognition 11 Psychoanalysis Becomes the Law: Rights and Desire 12 The Imaginary Domain and the Future of Utopia 13 The Human Rights and the Other 14 The End of Human Rights

The concept of self-determination has played a very important role in the shaping of the international community in the nineteenth and twentieth centuries. It is closely linked in a number of different ways to the status of minorities and minorities frequently make claims to self-determination as a right for themselves. This meticulously researched book explores the relationship between self-determination and minority rights in international law. It is highly detailed in its treatment of the subject, discussing very recent events, such as the atrocities in the former Yugoslavia, in a valuable historical context. His analysis of the issues provide the reader with a significant clarification of the legal issues involved, especially since the establishment of the UN and the development of international norms of human rights. As such, the book will hold particular appeal for all those who are interested in international law and politics, as well as students of modern history wishing to be informed on this hotly debated issue.