Author: Emma Larking
Publisher: Routledge
ISBN: 1317069285
Category : Political Science
Languages : en
Pages : 208
Book Description
Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.
Refugees and the Myth of Human Rights
Author: Emma Larking
Publisher: Routledge
ISBN: 1317069285
Category : Political Science
Languages : en
Pages : 208
Book Description
Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.
Publisher: Routledge
ISBN: 1317069285
Category : Political Science
Languages : en
Pages : 208
Book Description
Most Western liberal democracies are parties to the United Nations Refugees Convention and all are committed to the recognition of basic human rights, but they also spend billions fortifying their borders, detaining unauthorised immigrants, and policing migration. Meanwhile, public debate over the West’s obligations to unauthorised immigrants is passionate, vitriolic, and divisive. Refugees and the Myth of Human Rights combines philosophical, historical, and legal analysis to clarify the key concepts at stake in the debate, and to demonstrate the threat posed by contemporary border regimes to rights protection and the rule of law within liberal democracies. Using the political philosophy of John Locke and Immanuel Kant the book highlights the tension in liberalism between partiality towards one’s compatriots and the universalism of human rights and brings this tension to life through an examination of Hannah Arendt’s account of the rise and decline of the modern nation-state. It provides a novel reading of Arendt’s critique of human rights and her concept of the right to have rights. The book argues that the right to have rights must be secured globally in limited form, but that recognition of its significance should spur expansive changes to border policy within and between liberal states.
Seeing the Myth in Human Rights
Author: Jenna Reinbold
Publisher: University of Pennsylvania Press
ISBN: 0812293584
Category : Political Science
Languages : en
Pages : 207
Book Description
The 1948 Universal Declaration of Human Rights has been called one of the most powerful documents in human history. Today, the mere accusation of violations of the rights outlined in this document cows political leaders and riles the international community. Yet as a nonbinding document with no mechanism for enforcement, it holds almost no legal authority. Indeed, since its adoption, the Declaration's authority has been portrayed not as legal or political but as moral. Rather than providing a set of rules to follow or laws to obey, it represents a set of standards against which the world's societies are measured. It has achieved a level of rhetorical power and influence unlike anything else in modern world politics, becoming the foundational myth of the human rights project. Seeing the Myth in Human Rights presents an interdisciplinary investigation into the role of mythmaking in the creation and propagation of the Universal Declaration. Pushing beyond conventional understandings of myth, which tend to view such narratives as vehicles either for the spreading of particular religious dogmas or for the spreading of erroneous, even duplicitous, discourses, Jenna Reinbold mobilizes a robust body of scholarship within the field of religious studies to help us appreciate myth as a mode of human labor designed to generate meaning, solidarity, and order. This usage does not merely parallel today's scholarship on myth; it dovetails in unexpected ways with a burgeoning body of scholarship on the origin and function of contemporary human rights, and it puts the field of religious studies into conversation with the fields of political philosophy, critical legal studies, and human rights historiography. For Reinbold, myth is a phenomenon that is not merely germane to the exploration of specific religious narratives but is key to a broader understanding of the nature of political authority in the modern world.
Publisher: University of Pennsylvania Press
ISBN: 0812293584
Category : Political Science
Languages : en
Pages : 207
Book Description
The 1948 Universal Declaration of Human Rights has been called one of the most powerful documents in human history. Today, the mere accusation of violations of the rights outlined in this document cows political leaders and riles the international community. Yet as a nonbinding document with no mechanism for enforcement, it holds almost no legal authority. Indeed, since its adoption, the Declaration's authority has been portrayed not as legal or political but as moral. Rather than providing a set of rules to follow or laws to obey, it represents a set of standards against which the world's societies are measured. It has achieved a level of rhetorical power and influence unlike anything else in modern world politics, becoming the foundational myth of the human rights project. Seeing the Myth in Human Rights presents an interdisciplinary investigation into the role of mythmaking in the creation and propagation of the Universal Declaration. Pushing beyond conventional understandings of myth, which tend to view such narratives as vehicles either for the spreading of particular religious dogmas or for the spreading of erroneous, even duplicitous, discourses, Jenna Reinbold mobilizes a robust body of scholarship within the field of religious studies to help us appreciate myth as a mode of human labor designed to generate meaning, solidarity, and order. This usage does not merely parallel today's scholarship on myth; it dovetails in unexpected ways with a burgeoning body of scholarship on the origin and function of contemporary human rights, and it puts the field of religious studies into conversation with the fields of political philosophy, critical legal studies, and human rights historiography. For Reinbold, myth is a phenomenon that is not merely germane to the exploration of specific religious narratives but is key to a broader understanding of the nature of political authority in the modern world.
Myth or Lived Reality
Author: Claire Boost
Publisher: Springer Nature
ISBN: 9462654476
Category : Law
Languages : en
Pages : 234
Book Description
Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmuş and Human Rights Localisation and Individual Agency: From ‘Hobby of the Few’ to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmuş are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com This book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness. This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in human rights law and whether human rights as legal constructs can be effectively translated into better outcomes. This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics. The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students. Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University. Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University. Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University. Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.
Publisher: Springer Nature
ISBN: 9462654476
Category : Law
Languages : en
Pages : 234
Book Description
Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmuş and Human Rights Localisation and Individual Agency: From ‘Hobby of the Few’ to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmuş are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com This book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness. This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in human rights law and whether human rights as legal constructs can be effectively translated into better outcomes. This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics. The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students. Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University. Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University. Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University. Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.
UN Global Compacts
Author: Nicholas R. Micinski
Publisher: Routledge
ISBN: 1000376591
Category : Political Science
Languages : en
Pages : 123
Book Description
UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.
Publisher: Routledge
ISBN: 1000376591
Category : Political Science
Languages : en
Pages : 123
Book Description
UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.
The Last Utopia
Author: Samuel Moyn
Publisher: Harvard University Press
ISBN: 0674256522
Category : History
Languages : en
Pages : 346
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.
Publisher: Harvard University Press
ISBN: 0674256522
Category : History
Languages : en
Pages : 346
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.
Strangers in Our Midst
Author: David Miller
Publisher: Harvard University Press
ISBN: 0674969804
Category : Philosophy
Languages : en
Pages : 229
Book Description
How should Western democracies respond to the many millions of people who want to settle in their societies? Economists and human rights advocates tend to downplay the considerable cultural and demographic impact of immigration on host societies. Seeking to balance the rights of immigrants with the legitimate concerns of citizens, Strangers in Our Midst brings a bracing dose of realism to this debate. David Miller defends the right of democratic states to control their borders and decide upon the future size, shape, and cultural make-up of their populations. “A cool dissection of some of the main moral issues surrounding immigration and worth reading for its introductory chapter alone. Moreover, unlike many progressive intellectuals, Miller gives due weight to the rights and preferences of existing citizens and does not believe an immigrant has an automatic right to enter a country...Full of balanced judgments and tragic dilemmas.” —David Goodhart, Evening Standard “A lean and judicious defense of national interest...In Miller’s view, controlling immigration is one way for a country to control its public expenditures, and such control is essential to democracy.” —Kelefa Sanneh, New Yorker
Publisher: Harvard University Press
ISBN: 0674969804
Category : Philosophy
Languages : en
Pages : 229
Book Description
How should Western democracies respond to the many millions of people who want to settle in their societies? Economists and human rights advocates tend to downplay the considerable cultural and demographic impact of immigration on host societies. Seeking to balance the rights of immigrants with the legitimate concerns of citizens, Strangers in Our Midst brings a bracing dose of realism to this debate. David Miller defends the right of democratic states to control their borders and decide upon the future size, shape, and cultural make-up of their populations. “A cool dissection of some of the main moral issues surrounding immigration and worth reading for its introductory chapter alone. Moreover, unlike many progressive intellectuals, Miller gives due weight to the rights and preferences of existing citizens and does not believe an immigrant has an automatic right to enter a country...Full of balanced judgments and tragic dilemmas.” —David Goodhart, Evening Standard “A lean and judicious defense of national interest...In Miller’s view, controlling immigration is one way for a country to control its public expenditures, and such control is essential to democracy.” —Kelefa Sanneh, New Yorker
Discrimination and Delegation
Author: Lamis Elmy Abdelaaty
Publisher: Oxford University Press
ISBN: 0197530087
Category : Political Science
Languages : en
Pages : 253
Book Description
What explains the variety of responses that states adopt toward different refugee groups? Refugees might be granted protection or turned away; they might be permitted to live where they wish and earn an income, pursue education, and access medical treatment; or, they might be confined to a camp and forced to rely on aid while being denied basic services. However, states do not consistently wield their capacity for control, nor do they jealously guard their authority to regulate. In this book, Lamis Elmy Abdelaaty asks why states sometimes assert their sovereignty vis-à-vis refugee rights and at other times seemingly cede it by delegating refugee oversight to the United Nations. To explain this selective exercise of sovereignty, Abdelaaty develops a two-part theoretical framework in which policymakers in refugee-receiving countries weigh international and domestic concerns. Policymakers in a receiving country might decide to offer protection to refugees from a rival country in order to undermine the sending country's stability, saddle it with reputation costs, and even engage in guerilla-style cross-border attacks. At the domestic level, policymakers consider political competition among ethnic groups--welcoming refugees who are ethnic kin of citizens can satisfy domestic constituencies, expand the base of support for the government, and encourage mobilization along ethnic lines. When these international and domestic incentives conflict, the state shifts responsibility for refugees to the UN, which allows policymakers to placate both refugee-sending countries and domestic constituencies. Abdelaaty analyzes asylum admissions worldwide, and then examines three case studies in-depth: Egypt (a country that is broadly representative of most refugee recipients), Turkey (an outlier that has limited the geographic application of the Refugee Convention), and Kenya (home to one of the largest refugee populations in the world). Discrimination and Delegation argues that foreign policy and ethnic identity, more so than resources, humanitarianism, or labor skills, shape reactions to refugees.
Publisher: Oxford University Press
ISBN: 0197530087
Category : Political Science
Languages : en
Pages : 253
Book Description
What explains the variety of responses that states adopt toward different refugee groups? Refugees might be granted protection or turned away; they might be permitted to live where they wish and earn an income, pursue education, and access medical treatment; or, they might be confined to a camp and forced to rely on aid while being denied basic services. However, states do not consistently wield their capacity for control, nor do they jealously guard their authority to regulate. In this book, Lamis Elmy Abdelaaty asks why states sometimes assert their sovereignty vis-à-vis refugee rights and at other times seemingly cede it by delegating refugee oversight to the United Nations. To explain this selective exercise of sovereignty, Abdelaaty develops a two-part theoretical framework in which policymakers in refugee-receiving countries weigh international and domestic concerns. Policymakers in a receiving country might decide to offer protection to refugees from a rival country in order to undermine the sending country's stability, saddle it with reputation costs, and even engage in guerilla-style cross-border attacks. At the domestic level, policymakers consider political competition among ethnic groups--welcoming refugees who are ethnic kin of citizens can satisfy domestic constituencies, expand the base of support for the government, and encourage mobilization along ethnic lines. When these international and domestic incentives conflict, the state shifts responsibility for refugees to the UN, which allows policymakers to placate both refugee-sending countries and domestic constituencies. Abdelaaty analyzes asylum admissions worldwide, and then examines three case studies in-depth: Egypt (a country that is broadly representative of most refugee recipients), Turkey (an outlier that has limited the geographic application of the Refugee Convention), and Kenya (home to one of the largest refugee populations in the world). Discrimination and Delegation argues that foreign policy and ethnic identity, more so than resources, humanitarianism, or labor skills, shape reactions to refugees.
The Rights of Refugees under International Law
Author: James C. Hathaway
Publisher: Cambridge University Press
ISBN: 9781139445764
Category : Political Science
Languages : en
Pages : 1240
Book Description
This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
Publisher: Cambridge University Press
ISBN: 9781139445764
Category : Political Science
Languages : en
Pages : 1240
Book Description
This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
Unsettled
Author: Eric Tang
Publisher: Temple University Press
ISBN: 9781439911648
Category : Social Science
Languages : en
Pages : 0
Book Description
After surviving the Khmer Rouge genocide, followed by years of confinement to international refugee camps, as many as 10,000 Southeast Asian refugees arrived in the Bronx during the 1980s and ‘90s. Unsettled chronicles the unfinished odyssey of Bronx Cambodians, closely following one woman and her family for several years as they survive yet resist their literal insertion into concentrated Bronx poverty. Eric Tang tells the harrowing and inspiring stories of these refugees to make sense of how and why the displaced migrants have been resettled in the “hyperghetto.” He argues that refuge is never found, that rescue discourses mask a more profound urban reality characterized by racialized geographic enclosure, economic displacement and unrelenting poverty, and the criminalization of daily life. Unsettled views the hyperghetto as a site of extreme isolation, punishment, and confinement. The refugees remain captives in late-capitalist urban America. Tang ultimately asks: What does it mean for these Cambodians to resettle into this distinct time and space of slavery’s afterlife?
Publisher: Temple University Press
ISBN: 9781439911648
Category : Social Science
Languages : en
Pages : 0
Book Description
After surviving the Khmer Rouge genocide, followed by years of confinement to international refugee camps, as many as 10,000 Southeast Asian refugees arrived in the Bronx during the 1980s and ‘90s. Unsettled chronicles the unfinished odyssey of Bronx Cambodians, closely following one woman and her family for several years as they survive yet resist their literal insertion into concentrated Bronx poverty. Eric Tang tells the harrowing and inspiring stories of these refugees to make sense of how and why the displaced migrants have been resettled in the “hyperghetto.” He argues that refuge is never found, that rescue discourses mask a more profound urban reality characterized by racialized geographic enclosure, economic displacement and unrelenting poverty, and the criminalization of daily life. Unsettled views the hyperghetto as a site of extreme isolation, punishment, and confinement. The refugees remain captives in late-capitalist urban America. Tang ultimately asks: What does it mean for these Cambodians to resettle into this distinct time and space of slavery’s afterlife?
Human Rights and the Protection of Refugees Under International Law
Author: Canadian Human Rights Foundation
Publisher: IRPP
ISBN: 9780886450809
Category : Human rights
Languages : en
Pages : 364
Book Description
The Nature of the Problem
Publisher: IRPP
ISBN: 9780886450809
Category : Human rights
Languages : en
Pages : 364
Book Description
The Nature of the Problem