Author: Ana Vrdoljak
Publisher: Oxford University Press, USA
ISBN: 0199642125
Category : Law
Languages : en
Pages : 322
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Book Description
The intersection between culture and human rights have engaged some of the most heated and controversial debates across international law and theory. To what extent should the law permit cultural defences to general rules? What role does human rights law have in the protection of minority cultures? This volume examines such pivotal questions.
Author: Jiyul Kim
Publisher: Strategic Studies Institute
ISBN: 1584873892
Category : Cultural awareness
Languages : en
Pages : 45
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Book Description
There has been a growing recognition in the post-Cold War era that culture has increasingly become a factor in determining the course of today's complex and interconnected world. The U.S. experience in Afghanistan and Iraq extended this trend to national security and military operations. There is also a growing recognition by the national security community that culture is an important factor at the policy and strategy levels. Cultural proficiency at the policy and strategy levels means the ability to consider history, values, ideology, politics, religion, and other cultural dimensions and assess their potential effect on policy and strategy. The Analytical Cultural Framework for Strategy and Policy (ACFSP) is one systematic and analytical approach to the vital task of viewing the world through many lenses. The ACFSP identifies basic cultural dimensions that seem to be of fundamental importance in determining such behavior and thus are of importance in policy and strategy formulation and outcomes. These dimensions are (1) Identity, or the basis for defining identity and its linkage to interests; (2) Political Culture, or the structure of power and decisionmaking; and (3) Resilience, or the capacity or ability to resist, adapt or succumb to external forces. Identity is the most important, because it ultimately determines purpose, values and interests that form the foundation for policy and strategy to attain or preserve those interests.
Author: Birgit Bräuchler
Publisher: Springer
ISBN: 1137504358
Category : Political Science
Languages : en
Pages : 277
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Book Description
This study outlines the emerging cultural turn in Peace Studies and provides a critical understanding of the cultural dimension of reconciliation. Taking an anthropological view on decentralization and peacebuilding in Indonesia, it sets new standards for an interdisciplinary research field.
Author: Federico Lenzerini
Publisher: OUP Oxford
ISBN: 0191641316
Category : Law
Languages : en
Pages : 306
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Book Description
The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.
Author: Birgit Bräuchler
Publisher: Springer
ISBN: 1137504358
Category : Political Science
Languages : en
Pages : 202
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Book Description
This study outlines the emerging cultural turn in Peace Studies and provides a critical understanding of the cultural dimension of reconciliation. Taking an anthropological view on decentralization and peacebuilding in Indonesia, it sets new standards for an interdisciplinary research field.
Author: Francesco Francioni
Publisher: Oxford University Press, USA
ISBN: 9780191892295
Category : Cultural property
Languages : en
Pages : 1088
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Book Description
This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 0198787162
Category : History
Languages : en
Pages : 289
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Book Description
Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
Author: James A. R. Nafziger
Publisher: Cambridge University Press
ISBN: 0521865506
Category : Law
Languages : en
Pages : 1041
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Book Description
A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.
Author: Ben Boer
Publisher:
ISBN: 0198736142
Category : Law
Languages : en
Pages : 273
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Book Description
How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights of life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European and Inter-American courts in respect of substantive and procedural aspects; human rights and the environment in the Asian region, including the issue of human displacement; and the future direction of human rights and environment law.
Author: David P Forsythe
Publisher: Oxford University Press
ISBN: 0195334027
Category : Law
Languages : en
Pages : 2641
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Book Description
This four-volume encyclopedia set offers coverage of all aspects of human rights theory, practice, law, and history.
