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Human rights have transformed the way in which we conceive the
place of the individual within the community and in relation to the
state in a vast array of disciplines, including law, philosophy,
politics, sociology, geography. The published output on human
rights over the last five decades has been enormous, but has
remained tightly bound to a notion of human rights as dialectically
linking the individual and the state. Because of human rights'
dogged focus on the state and its actions, they have very seldom
attracted the attention of legal pluralists. Indeed, some may have
viewed the two as simply incompatible or relating to wholly
distinct phenomena. This collection of essays is the first to bring
together authors with established track records in the fields of
legal pluralism and human rights, to explore the ways in which
these concepts can be mutually reinforcing, delegitimizing, or
competing. The essays reveal that there is no facile conclusion to
reach but that the question opens avenues which are likely to be
mined for years to come by those interested in how human rights can
affect the behaviour of individuals and institutions.
Human rights have transformed the way in which we conceive the
place of the individual within the community and in relation to the
state in a vast array of disciplines, including law, philosophy,
politics, sociology, geography. The published output on human
rights over the last five decades has been enormous, but has
remained tightly bound to a notion of human rights as dialectically
linking the individual and the state. Because of human rights'
dogged focus on the state and its actions, they have very seldom
attracted the attention of legal pluralists. Indeed, some may have
viewed the two as simply incompatible or relating to wholly
distinct phenomena. This collection of essays is the first to bring
together authors with established track records in the fields of
legal pluralism and human rights, to explore the ways in which
these concepts can be mutually reinforcing, delegitimizing, or
competing. The essays reveal that there is no facile conclusion to
reach but that the question opens avenues which are likely to be
mined for years to come by those interested in how human rights can
affect the behaviour of individuals and institutions.
"Never again" stands as one the central pledges of the
international community following the end of the Second World War,
upon full realization of the massive scale of the Nazi
extermination programme. Genocide stands as an intolerable assault
on a sense of common humanity embodied in the Universal Declaration
of Human Rights and other fundamental international instruments,
including the Convention on the Prevention and Punishment of the
Crime of Genocide and the United Nations Charter. And yet, since
the Second World War, the international community has proven
incapable of effectively preventing the occurrence of more
genocides in places like Cambodia, Yugoslavia, Rwanda and Sudan. Is
genocide actually preventable, or is "ever again" a more accurate
catchphrase to capture the reality of this phenomenon? The essays
in this volume explore the complex nature of genocide and the
relative promise of various avenues identified by the international
community to attempt to put a definitive end to its occurrence.
Essays focus on a conceptualization of genocide as a social and
political phenomenon, on the identification of key actors
(Governments, international institutions, the media, civil society,
individuals), and on an exploration of the relative promise of
different means to prevent genocide (criminal accountability, civil
disobedience, shaming, intervention).
"Never again" stands as one the central pledges of the
international community following the end of the Second World War,
upon full realization of the massive scale of the Nazi
extermination programme. Genocide stands as an intolerable assault
on a sense of common humanity embodied in the Universal Declaration
of Human Rights and other fundamental international instruments,
including the Convention on the Prevention and Punishment of the
Crime of Genocide and the United Nations Charter. And yet, since
the Second World War, the international community has proven
incapable of effectively preventing the occurrence of more
genocides in places like Cambodia, Yugoslavia, Rwanda and Sudan. Is
genocide actually preventable, or is "ever again" a more accurate
catchphrase to capture the reality of this phenomenon? The essays
in this volume explore the complex nature of genocide and the
relative promise of various avenues identified by the international
community to attempt to put a definitive end to its occurrence.
Essays focus on a conceptualization of genocide as a social and
political phenomenon, on the identification of key actors
(Governments, international institutions, the media, civil society,
individuals), and on an exploration of the relative promise of
different means to prevent genocide (criminal accountability, civil
disobedience, shaming, intervention).
In the wake of the adoption by the International Law Commission of
a complete set of articles on state responsibility in international
law in 2001, this collection assembles a number of essays tracing
key debates which have marked the evolution of this field over the
last fifty years. These include explorations of the general theory
of state responsibility (link between 'primary' and 'secondary'
rules, the place of due diligence, the link between liability and
wrongfulness), the consequences of an internationally wrongful act
(nature of remedies, suitability of countermeasures, third states
and the shift from bilateralism to community interests in the law
of state responsibility), the debate over criminalizing state
responsibility, and the continuing relevance of the law of injuries
to aliens. The collection also contains a series of essays offering
critical perspectives on state responsibility, including feminist
and developing world perspectives. It is completed by an extensive
and up-to-date bibliography.
The contents of the Yearbook reflect the diversity of Canadian and
international thought, opinion, and practice on current problems of
international law. Included this year are cutting-edge analyses on
such varied topics as the plea of superior orders in international
criminal law; interaction of the economic and environmental
dimensions of the principle of sustainable development; and legal
dimensions of Canada's dispute with the European Union over
international trade in seal products. Each volume includes a notes
and comments section; a digest of international economic law; a
section on current Canadian practice in international law; a digest
of important Canadian cases; and book reviews.
Warzones are sometimes described as lawless, but this is rarely the
case. Armed insurgents often replace the state as the provider of
law and justice in areas under their authority. Based on extensive
fieldwork, Rebel Courts offers a compelling and unique insight into
the judicial governance of armed groups, a phenomenon never studied
comprehensively until now. Using a series of detailed case studies
of non-state armed groups in a diverse range of conflict
situations, including the FARC (Colombia), Islamic State (Syria and
Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK
(Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it
is possible for non-state armed groups to legally establish and
operate a system of courts to administer justice. Rules of public
international law that regulate the conduct of war can be
interpreted as authorising the establishment of rebel courts by
armed groups. When operating in a manner consistent with due
process, rebel courts demand a certain degree of recognition by
international states, institutions, and even other non-state armed
groups. With legal analysis enriched by insights from other
disciplines, Rebel Courts is a must read for all scholars and
professionals interested in law, justice, and the effectiveness of
global legal standards in situations of armed conflict.
This is the fifty-first volume of The Canadian Yearbook of
International Law, the first volume of which was published in 1963.
The Yearbook is issued annually under the auspices of the Canadian
Branch of the International Law Association and the Canadian
Council on International Law. Under the leadership of John H.
Currie of the University of Ottawa as Editor-in-Chief and Rene
Provost of McGill University as Associate Editor, its board of
editors includes scholars from leading universities across Canada.
The Yearbook contains articles of lasting significance in the field
of international legal studies, a notes and comments section, a
digest of international economic law, a section on current Canadian
practice in international law (including recent parliamentary
declarations and Canadian treaty actions), a digest of important
Canadian cases in the fields of public and private international
law, and a book reviews section.
What does it mean for courts and other legal institutions to be
culturally sensitive? What are the institutional implications and
consequences of such an aspiration? To what extent is legal
discourse capable of accommodating multiple cultural narratives
without losing its claim to normative specificity? And how are we
to understand meetings of law and culture in the context of formal
and informal legal processes, when demands are made to accommodate
cultural difference? The encounter of law and culture is a
polycentric relation, but these questions draw our attention to law
and legal institutions as one site of encounter warranting further
investigation, to map out the place of culture in the domains of
law by relying on the insights of law, anthropology, politics, and
philosophy. Culture in the Domains of Law seeks to examine and
answer these questions, resulting in a richer outlook on both law
and culture.
What does it mean for courts and other legal institutions to be
culturally sensitive? What are the institutional implications and
consequences of such an aspiration? To what extent is legal
discourse capable of accommodating multiple cultural narratives
without losing its claim to normative specificity? And how are we
to understand meetings of law and culture in the context of formal
and informal legal processes, when demands are made to accommodate
cultural difference? The encounter of law and culture is a
polycentric relation, but these questions draw our attention to law
and legal institutions as one site of encounter warranting further
investigation, to map out the place of culture in the domains of
law by relying on the insights of law, anthropology, politics, and
philosophy. Culture in the Domains of Law seeks to examine and
answer these questions, resulting in a richer outlook on both law
and culture.
This collection of essays explores the complex relationship between
religion and multiculturalism and the role of the state and law in
the creation of boundaries. Western secular democracies are
composed of increasingly religiously diverse populations. The idea
of "multiculturalism" was formed as a constructive response to this
phenomenon, but, in many areas of the globe, support for
multiculturalism is challenged by attempts to preserve the cultural
and legal norms of the majority.
The State of Israel offers a particularly pertinent case study, and
is a central focus of this collection. The contributors to this
volume address the concepts of religious difference and diversity,
as well as the various ways in which states and legal systems
understand and respond to them. Mappingthe Legal Boundaries of
Belonging shows that, as a consequence of a purportedly secular
human rights perspective, state laws may appear to define religious
identity in a way that contradicts the definition found within a
particular religion. Both state and religion make the same mistake,
however, if they take a court decision that emphasizes individual
belief and practice as a direct modification of a religious norm:
the court lacks the power to change the internal authoritative
definition of who belongs to a particular faith. Similarly, in the
pursuit of a particular model of social diversity, the state may
adopt policies that imply a particular private/public distinction
foreign to some religious traditions.
This volume, which includes contributions from leading scholars in
the field, will be an invaluable resource to anyone seeking to
understand the legal meaning and impact of religious diversity.
How do international human rights and humanitarian law protect
vulnerable individuals in times of peace and war? Provost analyses
systemic similarities and differences between the two to explore
how they are each built to achieve their similar goal. He details
the dynamics of human rights and humanitarian law, revealing that
each performs a task for which it is better suited than the other,
and that the fundamentals of each field remain partly incompatible.
This helps us understand why their norms succeed in some ways and
fail - at times spectacularly - in others. Provost's study
represents innovative and in-depth research, covering all relevant
materials from the UN, ICTY, ICTR, and regional organizations in
Europe, Africa and Latin America. This will interest academics and
graduate students in international law and international relations,
as well as legal practitioners in related fields and NGOs active in
human rights.
How do international human rights and humanitarian law protect vulnerable individuals during peace and war? Provost analyzes systemic similarities and differences between the two to examine how they are each designed to achieve their specific goals. He describes the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. He covers all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America.
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