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This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms - coercion and strategic learning - which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations. The Open Access version of this book, available at: http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.
This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.
International organizations (IOs) develop institutional provisions to make sure that their policies do not violate human rights. Accordingly, whilst IOs have a greater scope of action and ability to promote collective goods than ever before, they also have a greater capacity to do harm. Based on ten case studies on UN and EU sanctions policy, UN and NATO peacekeeping, and World Bank and IMF lending, this book examines human rights violations which can arise from the actions of IOs rather than those of states. It further explains how powerful IOs have introduced human rights protection provisions and analyzes the features of these provisions, including differences in their design and quality. This book provides evidence of a novel legitimation strategy authoritative IOs draw on that has, as yet, never been systematically studied before.
Wie lasst sich im Zeitalter der "neuen Kriege" Friedenskonsolidierung erfolgreich gestalten? Dieser Frage geht Monika Heupel anhand der Kriege in Kambodscha, Angola, Sierra Leone und Afghanistan nach. Dabei zeigt sie, dass das herkommliche Instrumentarium zur Befriedung "neuer Kriege" nicht ausreicht. Um diese dauerhaft zu beenden, sind die Gewaltokonomien, vermehrt basierend auf Schmuggel von Diamanten, Holz und Drogen, wirksamer zu bekampfen. Dort, wo dies geschah, konnten Friedensprozesse erfolgreich stabilisiert werden.
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