The Sovereignty Of Human Rights
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Author | : Patrick Macklem |
Publisher | : Oxford University Press |
Total Pages | : 272 |
Release | : 2015-08-20 |
Genre | : Law |
ISBN | : 019026733X |
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Author | : Kurt Mills |
Publisher | : Palgrave MacMillan |
Total Pages | : 272 |
Release | : 1998-10-15 |
Genre | : Business & Economics |
ISBN | : |
Kurt Mills investigates how the concept of sovereignty is changing as a result of normative, empirical, and institutional developments. From a normative political theory perspective he argues that respect for human rights, popular sovereignty, and self-determination are inherent in the social purpose of the state and thus must be considered when evaluating claims to sovereignty and non-intervention. Human Rights in the Emerging Global Order examines how recent international practice in the areas of human rights, self-determination, refugees and human migration and humanitarian intervention are challenging traditional conceptions of sovereignty in important, yet ambiguous, ways. Finally, it provides policy prescriptions to deal with these continuing humanitarian problems.
Author | : Helen M. Stacy |
Publisher | : Stanford University Press |
Total Pages | : 365 |
Release | : 2009-02-05 |
Genre | : Political Science |
ISBN | : 0804771022 |
A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm. Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.
Author | : Priscilla Claeys |
Publisher | : Routledge |
Total Pages | : 213 |
Release | : 2015-01-09 |
Genre | : Nature |
ISBN | : 1317645774 |
Our global food system is undergoing rapid change. Since the global food crisis of 2007-2008, a range of new issues have come to public attention, such as land grabbing, food prices volatility, agrofuels and climate change. Peasant social movements are trying to respond to these challenges by organizing from the local to the global to demand food sovereignty. As the transnational agrarian movement La Via Campesina celebrates its 20th anniversary, this book takes stock of the movement’s achievements and reflects on challenges for the future. It provides an in-depth analysis of the movement’s vision and strategies, and shows how it has contributed not only to the emergence of an alternative development paradigm but also of an alternative conception of human rights. The book assesses efforts to achieve the international recognition of new human rights for peasants at the international level, namely the 'right to food sovereignty' and 'peasants’ rights'. It explores why La Via Campesina was successful in mobilizing a human rights discourse in its struggle against neoliberalism, and also the limitations and potential pitfalls of using the human rights framework. The book shows that, to inject subversive potential in their rights-based claims rural social activists developed an alternative conception of rights, that is more plural, less statist, less individualistic, and more multi-cultural than dominant conceptions of human rights. Further, they deployed a combination of institutional (from above) and extrainstitutional (from below) strategies to demand new rights and reinforce grassroots mobilization through rights.
Author | : Samuel Moyn |
Publisher | : Harvard University Press |
Total Pages | : 346 |
Release | : 2012-03-05 |
Genre | : History |
ISBN | : 0674256522 |
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.
Author | : Ilias Bantekas |
Publisher | : |
Total Pages | : 641 |
Release | : 2018 |
Genre | : Business & Economics |
ISBN | : 019881044X |
Sovereign debt is necessary for states to function, yet its impact on human rights is underexplored. Bantekas and Lumina gather experts to conclude that imposing structural adjustment programmes exacerbates debt, injures the entrenched rights of peoples and their state's economic sovereignty, and worsens the borrower's economic situation.
Author | : Patrick William Kelly |
Publisher | : Cambridge University Press |
Total Pages | : 339 |
Release | : 2018-05-10 |
Genre | : History |
ISBN | : 1107163242 |
Shows how Latin America was the crucible of the global human rights revolution of the 1970s.
Author | : European Commission for Democracy through Law |
Publisher | : Council of Europe |
Total Pages | : 236 |
Release | : 2011-01-01 |
Genre | : Political Science |
ISBN | : 9789287171344 |
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Author | : Richard A. Falk |
Publisher | : New York : Holmes & Meier Publishers |
Total Pages | : 272 |
Release | : 1981 |
Genre | : Political Science |
ISBN | : |
Author | : Galina Cornelisse |
Publisher | : BRILL |
Total Pages | : 403 |
Release | : 2010 |
Genre | : Law |
ISBN | : 9004173706 |
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.