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Author: Angela Müller
Publisher: Taylor & Francis
ISBN: 1003807291
Category : Political Science
Languages : en
Pages : 342
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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: 1509941339
Category : Law
Languages : en
Pages : 291
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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: James Vernon
Publisher: Univ of California Press
ISBN: 0520957784
Category : History
Languages : en
Pages : 185
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Book Description
What does it mean to live in the modern world? How different is that world from those that preceded it, and when did we become modern? In Distant Strangers, James Vernon argues that the world was made modern not by revolution, industrialization, or the Enlightenment. Instead, he shows how in Britain, a place long held to be the crucible of modernity, a new and distinctly modern social condition emerged by the middle of the nineteenth century. Rapid and sustained population growth, combined with increasing mobility of people over greater distances and concentrations of people in cities, created a society of strangers. Vernon explores how individuals in modern societies adapted to live among strangers by forging more abstract and anonymous economic, social, and political relations, as well as by reanimating the local and the personal.
Author: Dalia Palombo
Publisher: Bloomsbury Publishing
ISBN: 1509928057
Category : Law
Languages : en
Pages : 301
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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
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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: Cécile Fabre
Publisher: Oxford University Press
ISBN: 0198786247
Category : Law
Languages : en
Pages : 354
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Book Description
Cecile Fabre presents the first major statement of key moral principles which should be followed when ending wars. She defends restitutive and reparative justice, punishment of war criminals, transitional administrations, and deployment of peacekeeping and occupation forces. She outlines practices to foster trust and improve prospects for peace.
Author: Diana Tietjens Meyers
Publisher: Oxford University Press
ISBN: 0199396906
Category : Philosophy
Languages : en
Pages : 373
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Book Description
Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human rights regime to secure both economic development and free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons.
Author: Cécile Fabre
Publisher: Oxford University Press
ISBN: 0191662712
Category : Philosophy
Languages : en
Pages :
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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: Helen Yanacopulos
Publisher: Springer
ISBN: 1137315091
Category : Social Science
Languages : en
Pages : 301
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Book Description
The world of international non-governmental organisations (INGOs) has dramatically changed during the last two decades. The author critically analyses the engagement of INGOs within the contemporary international development landscape, enabling readers to further understand INGOs involvement in the politics of social change.
Author: Steve Smith
Publisher: Oxford University Press
ISBN: 0198708904
Category : Political Science
Languages : en
Pages : 595
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Book Description
The only introduction to foreign policy to combine theories, actors and cases in one volume.
