States, Human Rights, and Distant Strangers PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download States, Human Rights, and Distant Strangers PDF full book. Access full book title States, Human Rights, and Distant Strangers by Angela Müller. Download full books in PDF and EPUB format.
Author: Angela Müller
Publisher: Taylor & Francis
ISBN: 1003807291
Category : Political Science
Languages : en
Pages : 342
Get Book Here
Book Description
This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad—states’ extraterritorial human rights obligations. Taking an innovative approach, it begins with a profound legal analysis of the issue at national, supranational, and international levels and then engages in depth with counterarguments against extraterritorially applying human rights, on the basis of which it develops its own ethical justificatory theory of extraterritorial human rights obligations. The book closes the circle by showing what the practical implications of this theory for the interpretation (and possible evolvement) of human rights law would be. In a world where critiques of, and resistance to, the general idea of universal human rights are on rise, the book contributes to closing the gap between judicial and normative perspectives on extraterritorial human rights obligations by inquiring into the ethical underpinnings of this topical legal challenge. This book will be of key interest to scholars and students in human rights, international law, and more broadly in political philosophy, philosophy of law, and international relations.
Author: Angela Müller
Publisher: Taylor & Francis
ISBN: 1003807291
Category : Political Science
Languages : en
Pages : 342
Get Book Here
Book Description
This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad—states’ extraterritorial human rights obligations. Taking an innovative approach, it begins with a profound legal analysis of the issue at national, supranational, and international levels and then engages in depth with counterarguments against extraterritorially applying human rights, on the basis of which it develops its own ethical justificatory theory of extraterritorial human rights obligations. The book closes the circle by showing what the practical implications of this theory for the interpretation (and possible evolvement) of human rights law would be. In a world where critiques of, and resistance to, the general idea of universal human rights are on rise, the book contributes to closing the gap between judicial and normative perspectives on extraterritorial human rights obligations by inquiring into the ethical underpinnings of this topical legal challenge. This book will be of key interest to scholars and students in human rights, international law, and more broadly in political philosophy, philosophy of law, and international relations.
Author: Aravind Ganesh
Publisher: Bloomsbury Publishing
ISBN: 1509941320
Category : Law
Languages : en
Pages : 311
Get Book Here
Book Description
This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace. The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).
Author: Dalia Palombo
Publisher: Bloomsbury Publishing
ISBN: 1509928057
Category : Law
Languages : en
Pages : 301
Get Book Here
Book Description
This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.
Author: Cedric Ryngaert
Publisher: Oxford University Press
ISBN: 0192592718
Category : Law
Languages : en
Pages : 291
Get Book Here
Book Description
Should states intervene in situations outside of their own territory in order to safeguard or promote the common good? In this book, Cedric Ryngaert addresses this key question, looking at how the international law of state jurisdiction can be harnessed to serve interests common to the international community. The author inquires how the purpose of the law of jurisdiction may shift from protecting national interests to furthering international concerns, such as those relating to the global environment and human rights. Such a shift is enabled by the instability of the notion of jurisdiction, as well as the interpretative ambiguity of the related notions of sovereignty and territoriality. There is no denying that, in the real world, 'selfless intervention' by states tends to combine with more insular considerations. This book argues, however, that such considerations do not necessarily detract from the legitimacy of unilateralism, but may precisely serve to trigger the exercise of jurisdiction in the common interest.
Author: Rebecca Adami
Publisher: Taylor & Francis
ISBN: 104011962X
Category : Political Science
Languages : en
Pages : 242
Get Book Here
Book Description
This book is the first to comprehensively develop the concept of childism to understand, study, and analyze age-based discrimination against children. It presents a critical theory to help comprehend intersecting prejudice against children and to examine the weak implementation of the UN Convention on the Rights of the Child (CRC) and in what ways violations against children can be analyzed through the intersections of racist, sexist, and ableist discrimination. The book further offers scholars a new perspective when studying structural forms of discrimination and oppression against children and provides professionals with a new vocabulary on prejudice targeting children when assessing theory, policy, and praxis on ‘child-friendly’ and ‘child-centered’ initiatives that overlook the need to protect children against discrimination. This book will be of key interest to scholars, students, and practitioners of human rights, child and youth studies, education, prejudice studies, the United Nations and child law, and more broadly to sociology, social policy, psychology, and social work. Chapter 1 and Chapter 2 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Author: Preben Bertelsen
Publisher: Cambridge Scholars Publishing
ISBN: 1443804754
Category : Psychology
Languages : en
Pages : 450
Get Book Here
Book Description
Every once in a while, we have to reconsider the perennial questions concerning human nature: What are the special human behaviours, social practices, and psychological structures that make us particularly human? The field of evolution, psychology and cognitive science is the most expanding, inter-disciplinary area of this field for the time being, uniting different sciences under the same evolutionary paradigm and keeping them occupied by the same eternal questions stated above. Relevant data and theoretical considerations are piling up, but an overview is needed. To facilitate this a large inter-disciplinary conference entitled “Human Mind—Human Kind” was held at Aarhus University, Denmark. The studies fall into three well defined sections: 1) Evolution and Cognition—Comparative and Developmental Perspectives, 2) Human Sociality, Morality and Religiosity, 3) Human Sexuality and Mating Strategies. Specifying the differences between our own species and the rest of the animal world always provokes debate. But these demarcations simply have to be drawn once and again. They focus attention and stimulate research, exactly because they provoke and challenge other researchers to take up the glove and prove us wrong.
Author: Andrew Linklater
Publisher: Cambridge University Press
ISBN: 1139497413
Category : Political Science
Languages : en
Pages : 321
Get Book Here
Book Description
The need to control violent and non-violent harm has been central to human existence since societies first emerged. This book analyses the problem of harm in world politics which stems from the fact that societies require the power to harm in order to defend themselves from internal and external threats, but must also control the capacity to harm so that people cannot kill, injure, humiliate or exploit others as they please. Andrew Linklater analyses writings in moral and legal philosophy that define and classify forms of harm, and discusses the ways in which different theories of international relations suggest the power to harm can be controlled so that societies can co-exist with the minimum of violent and non-violent harm. Linklater argues for new connections between the English School study of international society and Norbert Elias' analysis of civilizing processes in order to advance the study of harm in world politics.
Author: Barry K. Gills
Publisher: Routledge
ISBN: 1135992479
Category : Political Science
Languages : en
Pages : 306
Get Book Here
Book Description
Globalization and Global History argues that globalization is not an exotic and new phenomenon. Instead it emphasizes that globalization is something that has been with us as long as there have been people who are both interdependent and aware of that fact. Studying globalization from the vantage point of long-term global history permits theoretical and empirical investigation, allowing the authors collected to assess the extent of ongoing transformations and to compare them to earlier iterations. With this historical advantage, the extent of ongoing changes - which previously appeared unprecedented - can be contrasted to similar episodes in the past. The book is divided into three sections. The first focuses on how globalization has been written about from a historical perspective. The second part advances three different takes on how best to view globalization from a very long-term stance. The final section continues this interpretative thread by examining more narrow aspects of globalization processes, ranging from incorporation processes to systemic disruptions.
Author: Cécile Fabre
Publisher: Oxford University Press
ISBN: 0191662712
Category : Philosophy
Languages : en
Pages :
Get Book Here
Book Description
War is about individuals maiming and killing each other, and yet, it seems that it is also irreducibly collective, as it is fought by groups of people and more often than not for the sake of communal values such as territorial integrity and national self-determination. Cécile Fabre articulates and defends an ethical account of war in which the individual, as a moral and rational agent, is the fundamental focus for concern and respect—both as a combatant whose acts of killing need justifying and as a non-combatant whose suffering also needs justifying. She takes as her starting point a political morality to which the individual, rather than the nation-state, is central, namely cosmopolitanism. According to cosmopolitanism, individuals all matter equally, irrespective of their membership in this or that political community. Traditional war ethics already accepts this principle, since it holds that unarmed civilians are illegitimate targets even though they belong to the enemy community. However, although the traditional account of whom we may kill in wars is broadly faithful to that principle, the traditional account of why we may kill and of who may kill is not. Cosmopolitan theorists, for their part, do not address the ethical issues raised by war in any depth. Fabre's Cosmopolitan War seeks to fill this gap, and defends its account of just and unjust wars by addressing the ethics of different kinds of war: wars of national defence, wars over scarce resources, civil wars, humanitarian intervention, wars involving private military forces, and asymmetrical wars.
Author: Steve Smith
Publisher: Oxford University Press
ISBN: 0198708904
Category : Political Science
Languages : en
Pages : 595
Get Book Here
Book Description
The only introduction to foreign policy to combine theories, actors and cases in one volume.
