Author: Gérard Kreijen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004139656
Category : Law
Languages : en
Pages : 405
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Book Description
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.
Author: Neil Englehart
Publisher: Taylor & Francis
ISBN: 131540821X
Category : Law
Languages : en
Pages : 209
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Book Description
This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.
Author: Patrick Macklem
Publisher: Oxford University Press
ISBN: 019026733X
Category : Law
Languages : en
Pages : 272
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Book Description
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Author: Hurst Hannum
Publisher: Cambridge University Press
ISBN: 1108417485
Category : Law
Languages : en
Pages : 245
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Book Description
Focuses on understanding human rights as they really are and their proper role in international affairs.
Author: Samuel Moyn
Publisher: Harvard University Press
ISBN: 0674256522
Category : History
Languages : en
Pages : 346
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Book Description
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
ISBN: 9780889369634
Category : Law
Languages : en
Pages : 432
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Book Description
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Author: Christopher Bickerton
Publisher: Routledge
ISBN: 1134113854
Category : Political Science
Languages : en
Pages : 427
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Book Description
Written by leading scholars, this volume challenges the recent trend in international relations scholarship – the common antipathy to sovereignty. The classical doctrine of sovereignty is widely seen as totalitarian, producing external aggression and internal repression. Political leaders and opinion-makers throughout the world claim that the sovereign state is a barrier to efficient global governance and the protection of human rights. Two central claims are advanced in this book. First, that the sovereign state is being undermined not by the pressures of globalization but by a diminished sense of political possibility. Second, it demonstrates that those who deny the relevance of sovereignty have failed to offer superior alternatives to the sovereign state. Sovereignty remains the best institution to establish clear lines of political authority and accountability, preserving the idea that people shape collectively their own destiny. The authors claim that this positive idea of sovereignty as self-determination remains integral to politics both at the domestic and international levels. Politics Without Sovereignty will be of great interest to students and scholars of political science, international relations, security studies, international law, development and European studies.
Author: Eric D. Weitz
Publisher: Princeton University Press
ISBN: 0691205140
Category : History
Languages : en
Pages : 574
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Book Description
A global history of human rights in a world of nations that grant rights to some while denying them to others Once dominated by vast empires, the world is now divided into some 200 independent countries that proclaim human rights—a transformation that suggests that nations and human rights inevitably develop together. But the reality is far more problematic, as Eric Weitz shows in this compelling global history of the fate of human rights in a world of nation-states. Through vivid histories from virtually every continent, A World Divided describes how, since the eighteenth century, nationalists have established states that grant human rights to some people while excluding others, setting the stage for many of today’s problems, from the refugee crisis to right-wing nationalism. Only the advance of international human rights will move us beyond a world divided between those who have rights and those who don't.
Author: Francis M. Deng
Publisher: Rowman & Littlefield
ISBN: 9780815719731
Category : Political Science
Languages : en
Pages : 300
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Book Description
The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt
Author: Tanja A. Börzel
Publisher: Cambridge University Press
ISBN: 1107183693
Category : Business & Economics
Languages : en
Pages : 381
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Book Description
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
