Author: Nehal Bhuta
Publisher: Oxford University Press
ISBN: 019876927X
Category : Law
Languages : en
Pages : 254
Book Description
In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state.
The Frontiers of Human Rights
The Transformation of Human Rights Fact-finding
Author: Philip Alston
Publisher: Oxford University Press
ISBN: 0190239492
Category : Law
Languages : en
Pages : 577
Book Description
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
Publisher: Oxford University Press
ISBN: 0190239492
Category : Law
Languages : en
Pages : 577
Book Description
Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.
The Frontiers of Human Rights
Author: Nehal Bhuta
Publisher: Oxford University Press
ISBN: 0191081698
Category : Law
Languages : en
Pages : 260
Book Description
In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. Human rights are invoked to address a number of global-scale problems, such as trans-border environmental harm, social and economic development, global inequality, the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state. The chapters collected in this volume grapple with the promise and the dilemmas of the extraterritorial application of human rights law through an analysis of the legal, theoretical, and practical questions raised by extending states' human rights obligations beyond their national territories.
Publisher: Oxford University Press
ISBN: 0191081698
Category : Law
Languages : en
Pages : 260
Book Description
In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. Human rights are invoked to address a number of global-scale problems, such as trans-border environmental harm, social and economic development, global inequality, the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state. The chapters collected in this volume grapple with the promise and the dilemmas of the extraterritorial application of human rights law through an analysis of the legal, theoretical, and practical questions raised by extending states' human rights obligations beyond their national territories.
Furthering the Frontiers of International Law
Author: Niels M. Blokker
Publisher:
ISBN: 9789004459823
Category : Law
Languages : en
Pages : 472
Book Description
Withdrawing from international organizations / Niels Blokker -- Sovereignty as responsibility exercising permanent sovereignty over natural resources in the interest of current and future generations / Daniëlla Dam-de Jong -- Non-state actors and human rights obligations perspectives from international investment law and arbitration / Eric De Brabandere and Larissa van den Herik -- Global threats and fragmented responses climate change and the extra-territorial scope of human rights obligations / Helen Duffy -- What is a state in international law? How is this to be determined? / John Dugard -- The role of customary international law as a tool for the progressive development of international criminal law undermining the sovereignty of states for the sake of humanity? / Robert Heinsch -- The responsibility of the Netherlands for its nationals abroad / Erik Koppe -- How about consolidating the frontiers but furthering the effectiveness of human rights? Lessons from Yerevan / Rick Lawson -- Shifting the frontiers of International Human Rights Law / Titia Loenen -- Waters rising possible effects of sea level rise on the legal regime of baselines and delineation of maritime zones / Xuechan Ma -- The International Criminal Court and human security looking ahead complementarity? / Andrea Marrone -- The establishment of flight information regions and Air Defence Identification Zones Air Law is Air Law and Maritime Law is Maritime Law; shall the twain ever meet? / Pablo Mendes de Leon -- Maritime security and sustainable development and the coastal communities of India an empirical analysis / Bimal N. Patel -- To speculate or not? On determining adequate remedies for denial of justice and other judicial wrongs / Vid Prislan -- Human Rights Law and the return of stolen assets / Cecily Rose -- Principles for the sustainable governance of shared natural resources / Nadia Sánchez Castillo-Winckels -- Economic, social and cultural rights and customary International Law / William A. Schabas -- World law's modern master builders / Otto Spijkers -- The world in disarray. Great-power competition and the decline of multilateralism / Alfred van Staden -- How can we justify international criminal justice? / Carsten Stahn -- China's perception of state sovereignty in international dispute settlement / Linlin Sun -- Public administration and ordinary virtues the Venice principles on the ombudsman Institution / Luc Verhey -- The right to marry as a right to equality about same-sex couples, the phrase "men and women", and the travaux préparatoires of the universal declaration / Kees Waaldijk.
Publisher:
ISBN: 9789004459823
Category : Law
Languages : en
Pages : 472
Book Description
Withdrawing from international organizations / Niels Blokker -- Sovereignty as responsibility exercising permanent sovereignty over natural resources in the interest of current and future generations / Daniëlla Dam-de Jong -- Non-state actors and human rights obligations perspectives from international investment law and arbitration / Eric De Brabandere and Larissa van den Herik -- Global threats and fragmented responses climate change and the extra-territorial scope of human rights obligations / Helen Duffy -- What is a state in international law? How is this to be determined? / John Dugard -- The role of customary international law as a tool for the progressive development of international criminal law undermining the sovereignty of states for the sake of humanity? / Robert Heinsch -- The responsibility of the Netherlands for its nationals abroad / Erik Koppe -- How about consolidating the frontiers but furthering the effectiveness of human rights? Lessons from Yerevan / Rick Lawson -- Shifting the frontiers of International Human Rights Law / Titia Loenen -- Waters rising possible effects of sea level rise on the legal regime of baselines and delineation of maritime zones / Xuechan Ma -- The International Criminal Court and human security looking ahead complementarity? / Andrea Marrone -- The establishment of flight information regions and Air Defence Identification Zones Air Law is Air Law and Maritime Law is Maritime Law; shall the twain ever meet? / Pablo Mendes de Leon -- Maritime security and sustainable development and the coastal communities of India an empirical analysis / Bimal N. Patel -- To speculate or not? On determining adequate remedies for denial of justice and other judicial wrongs / Vid Prislan -- Human Rights Law and the return of stolen assets / Cecily Rose -- Principles for the sustainable governance of shared natural resources / Nadia Sánchez Castillo-Winckels -- Economic, social and cultural rights and customary International Law / William A. Schabas -- World law's modern master builders / Otto Spijkers -- The world in disarray. Great-power competition and the decline of multilateralism / Alfred van Staden -- How can we justify international criminal justice? / Carsten Stahn -- China's perception of state sovereignty in international dispute settlement / Linlin Sun -- Public administration and ordinary virtues the Venice principles on the ombudsman Institution / Luc Verhey -- The right to marry as a right to equality about same-sex couples, the phrase "men and women", and the travaux préparatoires of the universal declaration / Kees Waaldijk.
The Universal Declaration of Human Rights
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
Book Description
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
Book Description
Human Frontiers
Author: Michael Bhaskar
Publisher: MIT Press
ISBN: 0262545101
Category : History
Languages : en
Pages : 433
Book Description
Why has the flow of big, world-changing ideas slowed down? A provocative look at what happens next at the frontiers of human knowledge. The history of humanity is the history of big ideas that expand our frontiers—from the wheel to space flight, cave painting to the massively multiplayer game, monotheistic religion to quantum theory. And yet for the past few decades, apart from a rush of new gadgets and the explosion of digital technology, world-changing ideas have been harder to come by. Since the 1970s, big ideas have happened incrementally—recycled, focused in narrow bands of innovation. In this provocative book, Michael Bhaskar looks at why the flow of big, world-changing ideas has slowed, and what this means for the future. Bhaskar argues that the challenge at the frontiers of knowledge has arisen not because we are unimaginative and bad at realizing big ideas but because we have already pushed so far. If we compare the world of our great-great-great-grandparents to ours today, we can see how a series of transformative ideas revolutionized almost everything in just a century and a half. But recently, because of short-termism, risk aversion, and fractious decision making, we have built a cautious, unimaginative world. Bhaskar shows how we can start to expand the frontier again by thinking big—embarking on the next Universal Declaration of Human Rights or Apollo mission—and embracing change.
Publisher: MIT Press
ISBN: 0262545101
Category : History
Languages : en
Pages : 433
Book Description
Why has the flow of big, world-changing ideas slowed down? A provocative look at what happens next at the frontiers of human knowledge. The history of humanity is the history of big ideas that expand our frontiers—from the wheel to space flight, cave painting to the massively multiplayer game, monotheistic religion to quantum theory. And yet for the past few decades, apart from a rush of new gadgets and the explosion of digital technology, world-changing ideas have been harder to come by. Since the 1970s, big ideas have happened incrementally—recycled, focused in narrow bands of innovation. In this provocative book, Michael Bhaskar looks at why the flow of big, world-changing ideas has slowed, and what this means for the future. Bhaskar argues that the challenge at the frontiers of knowledge has arisen not because we are unimaginative and bad at realizing big ideas but because we have already pushed so far. If we compare the world of our great-great-great-grandparents to ours today, we can see how a series of transformative ideas revolutionized almost everything in just a century and a half. But recently, because of short-termism, risk aversion, and fractious decision making, we have built a cautious, unimaginative world. Bhaskar shows how we can start to expand the frontier again by thinking big—embarking on the next Universal Declaration of Human Rights or Apollo mission—and embracing change.
The Frontiers of Democracy
Author: L. Beckman
Publisher: Springer
ISBN: 0230244963
Category : Political Science
Languages : en
Pages : 238
Book Description
The Frontiers of Democracy offers a comprehensive examination of restrictions on the vote in democracies today. For the first time, the reasons for excluding people (prisoners, children, intellectually disabled, non-citizens) from the suffrage in contemporary societies is critically examined from the point of view of democratic theory.
Publisher: Springer
ISBN: 0230244963
Category : Political Science
Languages : en
Pages : 238
Book Description
The Frontiers of Democracy offers a comprehensive examination of restrictions on the vote in democracies today. For the first time, the reasons for excluding people (prisoners, children, intellectually disabled, non-citizens) from the suffrage in contemporary societies is critically examined from the point of view of democratic theory.
Frontiers of Fear
Author: Ariane Chebel d'Appollonia
Publisher: Cornell University Press
ISBN: 0801464382
Category : Social Science
Languages : en
Pages : 337
Book Description
On both sides of the Atlantic, restrictive immigration policies have been framed as security imperatives since the 1990s. This trend accelerated in the aftermath of 9/11 and subsequent terrorist attacks in Europe. In Frontiers of Fear, Ariane Chebel d’Appollonia raises two central questions with profound consequences for national security and immigration policy: First, does the securitization of immigration issues actually contribute to the enhancement of internal security? Second, does the use of counterterrorist measures address such immigration issues as the increasing number of illegal immigrants, the resilience of ethnic tensions, and the emergence of homegrown radicalization? Chebel d’Appollonia questions the main assumptions that inform political agendas in the United States and throughout Europe, analyzing implementation and evaluating the effectiveness of policies in terms of their stated objectives. She argues that the new security-based immigration regime has proven ineffective in achieving its prescribed goals and even aggravated the problems it was supposed to solve: A security/insecurity cycle has been created that results in less security and less democracy. The excesses of securitization have harmed both immigration and counterterrorist policies and seriously damaged the delicate balance between security and respect for civil liberties.
Publisher: Cornell University Press
ISBN: 0801464382
Category : Social Science
Languages : en
Pages : 337
Book Description
On both sides of the Atlantic, restrictive immigration policies have been framed as security imperatives since the 1990s. This trend accelerated in the aftermath of 9/11 and subsequent terrorist attacks in Europe. In Frontiers of Fear, Ariane Chebel d’Appollonia raises two central questions with profound consequences for national security and immigration policy: First, does the securitization of immigration issues actually contribute to the enhancement of internal security? Second, does the use of counterterrorist measures address such immigration issues as the increasing number of illegal immigrants, the resilience of ethnic tensions, and the emergence of homegrown radicalization? Chebel d’Appollonia questions the main assumptions that inform political agendas in the United States and throughout Europe, analyzing implementation and evaluating the effectiveness of policies in terms of their stated objectives. She argues that the new security-based immigration regime has proven ineffective in achieving its prescribed goals and even aggravated the problems it was supposed to solve: A security/insecurity cycle has been created that results in less security and less democracy. The excesses of securitization have harmed both immigration and counterterrorist policies and seriously damaged the delicate balance between security and respect for civil liberties.
The Universal Declaration of Human Rights in the 21st Century
Author: Gordon Brown
Publisher: Open Book Publishers
ISBN: 1783742216
Category : Political Science
Languages : en
Pages : 129
Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Publisher: Open Book Publishers
ISBN: 1783742216
Category : Political Science
Languages : en
Pages : 129
Book Description
The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.
Frontiers and Ghettos
Author: James Ron
Publisher: Univ of California Press
ISBN: 0520230809
Category : History
Languages : en
Pages : 289
Book Description
"Frontiers and Ghettos is based on the idea that when it comes to ethnopolitical conflict, lousy is better than horrible. How outcomes better than horrible arise, despite ideological imperatives, hatreds, and predatory opportunities, is brilliantly analyzed in this empirically rich, vividly written, and provocative comparison of Serbian and Israeli policies toward Croatians, Muslims and Palestinians. A terrific book!"—Ian S. Lustick, author of Unsettled States, Disputed Lands "Abusive governments try to avoid leaving fingerprints on acts of repression, often using paramilitaries or death squads for deniability. James Ron reveals that territorial boundaries can serve a similar function. Abuse is more likely, he shows, as one crosses the frontiers of established state power, obscuring the signature of official action. This original and insightful book encourages us to expose cross-border involvement in human rights violations and re-establish official accountability."—Kenneth Roth, Executive Director, Human Rights Watch "With terrifying lucidity, Ron uses the experiences of Serbia, Kosovo, Bosnia, Israel, and Palestine to examine how a state's definition of the boundary separating its favored population from a different people authorizes, channels, or inhibits its use of force. This veteran participant-observer uses first-hand observation tellingly."—Charles Tilly, author of Durable Inequality "Frontiers and Ghettos represents a major step forward in social science's effort to understand state violence. James Ron shows that while all states use violence, they do so differently in their well-policed interiors and at their margins. This book is powerful, timely, and important for both scholars, policy-makers, and those who would advance respect for human rights."—Craig Calhoun, President, Social Science Research Council "James Ron has written a strikingly clear and convincing study of the factors affecting controlled and uncontrolled state-directed violence in the current period, with an analysis that adds substantially to the sociology of the state. His book will be important for all those concerned—for scholarly reasons and for broader ones—with modern confrontations of world norms, state power and human rights. And its gripping accounts will be important for those concerned with the specific violent conflicts it examines, in Serbia and Israel."—John W. Meyer, Professor of Sociology, Emeritus, Stanford University "This ingenious and courageous comparison of the types of violence used by nationalist regimes should transform the way we think about borders and state sovereignty. In demonstrating that even the most unsavory governments can be sensitive to international norms and the appearance of legality, Ron also strikes a serious blow at standard policy prescriptions -- from imposing sanctions and isolation on offending regimes to offering autonomy packages and soft borders for ethnic minorities. This book deserves wide circulation and serious reflection."—Susan L. Woodward, author of Balkan Tragedy: Chaos and Dissolution after the Cold War "As the horrific escalation of violence in Israel and the Palestinian territories grips international headlines, the inability of commentators to locate these tragic events in a comparative analytical frame is striking. This book is an impressive exception. Ron's elegant comparative analysis of Serbia and earlier periods of Israeli-Palestinian conflict makes the dynamics of the present conflict and its future possibilities comprehensible in a way that few others have managed to do. It is a signal contribution to our understanding of modern state violence."—Peter Evans, Eliaser Chair of International Studies, University of California, Berkeley
Publisher: Univ of California Press
ISBN: 0520230809
Category : History
Languages : en
Pages : 289
Book Description
"Frontiers and Ghettos is based on the idea that when it comes to ethnopolitical conflict, lousy is better than horrible. How outcomes better than horrible arise, despite ideological imperatives, hatreds, and predatory opportunities, is brilliantly analyzed in this empirically rich, vividly written, and provocative comparison of Serbian and Israeli policies toward Croatians, Muslims and Palestinians. A terrific book!"—Ian S. Lustick, author of Unsettled States, Disputed Lands "Abusive governments try to avoid leaving fingerprints on acts of repression, often using paramilitaries or death squads for deniability. James Ron reveals that territorial boundaries can serve a similar function. Abuse is more likely, he shows, as one crosses the frontiers of established state power, obscuring the signature of official action. This original and insightful book encourages us to expose cross-border involvement in human rights violations and re-establish official accountability."—Kenneth Roth, Executive Director, Human Rights Watch "With terrifying lucidity, Ron uses the experiences of Serbia, Kosovo, Bosnia, Israel, and Palestine to examine how a state's definition of the boundary separating its favored population from a different people authorizes, channels, or inhibits its use of force. This veteran participant-observer uses first-hand observation tellingly."—Charles Tilly, author of Durable Inequality "Frontiers and Ghettos represents a major step forward in social science's effort to understand state violence. James Ron shows that while all states use violence, they do so differently in their well-policed interiors and at their margins. This book is powerful, timely, and important for both scholars, policy-makers, and those who would advance respect for human rights."—Craig Calhoun, President, Social Science Research Council "James Ron has written a strikingly clear and convincing study of the factors affecting controlled and uncontrolled state-directed violence in the current period, with an analysis that adds substantially to the sociology of the state. His book will be important for all those concerned—for scholarly reasons and for broader ones—with modern confrontations of world norms, state power and human rights. And its gripping accounts will be important for those concerned with the specific violent conflicts it examines, in Serbia and Israel."—John W. Meyer, Professor of Sociology, Emeritus, Stanford University "This ingenious and courageous comparison of the types of violence used by nationalist regimes should transform the way we think about borders and state sovereignty. In demonstrating that even the most unsavory governments can be sensitive to international norms and the appearance of legality, Ron also strikes a serious blow at standard policy prescriptions -- from imposing sanctions and isolation on offending regimes to offering autonomy packages and soft borders for ethnic minorities. This book deserves wide circulation and serious reflection."—Susan L. Woodward, author of Balkan Tragedy: Chaos and Dissolution after the Cold War "As the horrific escalation of violence in Israel and the Palestinian territories grips international headlines, the inability of commentators to locate these tragic events in a comparative analytical frame is striking. This book is an impressive exception. Ron's elegant comparative analysis of Serbia and earlier periods of Israeli-Palestinian conflict makes the dynamics of the present conflict and its future possibilities comprehensible in a way that few others have managed to do. It is a signal contribution to our understanding of modern state violence."—Peter Evans, Eliaser Chair of International Studies, University of California, Berkeley