The Sovereignty Of Human Rights

Author : Patrick Macklem
Publisher : Oxford University Press
ISBN 13 : 0190267321
Total Pages : 200 pages
Book Rating : 4.22/5 ( download)

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Download or read book The Sovereignty of Human Rights written by Patrick Macklem and published by Oxford University Press. This book was released on 2015-08-20 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Patrick Macklem
Publisher : Oxford University Press, USA
ISBN 13 : 0190267313
Total Pages : 272 pages
Book Rating : 4.15/5 ( download)

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Download or read book The Sovereignty of Human Rights written by Patrick Macklem and published by Oxford University Press, USA. This book was released on 2015 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : K. Mills
Publisher : Springer
ISBN 13 : 0230373550
Total Pages : 268 pages
Book Rating : 4.56/5 ( download)

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Download or read book Human Rights in the Emerging Global Order written by K. Mills and published by Springer. This book was released on 1998-09-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mills focuses on one of the most significant parts of the sovereignty debate on human rights and humanitarian issues and raises three interrelated questions. First, how are empirical processes and practices undermining traditional notions of sovereignty? These include actions by the United Nations and other organizations on behalf of human rights, such as humanitarian intervention, the movements of refugees and others across the borders, and increasing calls for communal self-determination. Second, taking into account the above question, and examining these issues from a normative political theory perspective, what should be the relationship between individuals, groups, states, and the international community with respect to the twin aspects of power and authority inherent in sovereignty? Third, what new or modified international institutions may be needed in the future to deal with these humanitarian issues?

Author : Priscilla Claeys
Publisher : Routledge
ISBN 13 : 1317645774
Total Pages : 213 pages
Book Rating : 4.71/5 ( download)

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Download or read book Human Rights and the Food Sovereignty Movement written by Priscilla Claeys and published by Routledge. This book was released on 2015-01-09 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Niels M. Blokker
Publisher : BRILL
ISBN 13 : 9004459898
Total Pages : 494 pages
Book Rating : 4.92/5 ( download)

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Download or read book Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development written by Niels M. Blokker and published by BRILL. This book was released on 2021-07-19 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9789287171344
Total Pages : 236 pages
Book Rating : 4.43/5 ( download)

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Download or read book Definition and Development of Human Rights and Popular Sovereignty in Europe written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2011-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ilias Bantekas
Publisher : Oxford University Press, USA
ISBN 13 : 019881044X
Total Pages : 641 pages
Book Rating : 4.45/5 ( download)

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Download or read book Sovereign Debt and Human Rights written by Ilias Bantekas and published by Oxford University Press, USA. This book was released on 2019-01-15 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out thehistorical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders.Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt.They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower's economic situation, and are injurious to the entrenched rights of peoples.

Author : Helen M. Stacy
Publisher : Stanford University Press
ISBN 13 : 0804771022
Total Pages : 280 pages
Book Rating : 4.23/5 ( download)

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Download or read book Human Rights for the 21st Century written by Helen M. Stacy and published by Stanford University Press. This book was released on 2009-02-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Stephen Hopgood
Publisher : Cornell University Press
ISBN 13 : 0801469309
Total Pages : 273 pages
Book Rating : 4.05/5 ( download)

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Download or read book The Endtimes of Human Rights written by Stephen Hopgood and published by Cornell University Press. This book was released on 2013-10-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.

Author : Stewart M. Patrick
Publisher : Brookings Institution Press
ISBN 13 : 0815731604
Total Pages : 356 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Sovereignty Wars written by Stewart M. Patrick and published by Brookings Institution Press. This book was released on 2017-10-31 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting sovereignty while advancing American interests in the global age Americans have long been protective of the country’s sovereignty—beginning when George Washington retired as president with the admonition for his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced persistent, often heated debates about how to maintain that sovereignty, and whether it is endangered when the United States enters international organizations, treaties, and alliances about which Washington warned. As the recent election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily highjacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: namely, the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation’s fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.