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Human Rights Treaties and the Senate: A History of Opposition
by Natalie Hevener KaufmanThe US has declined to approve most human rights treaties, despite widespread support for such treaties among other Western democracies. This study explores the legacy of the 1950s, when opposition to the treaties was articulated, and the residual strength of that opposition in contemporary deliberations.Originally published in 1990.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Human Rights Watch World Report 2005
by Human Rights WatchThis report is Human Rights Watch's fifteenth annual review of human rights practices around the globe. It summarizes key human rights issues in sixty-four countries, drawing on events through November 2004. Each country entry identifies significant human rights issues, examines the freedom of local human rights defenders to conduct their work, and surveys the response of key international actors, such as the United Nations, European Union, Japan, the United States, and various regional and international organizations and institutions. The volume begins with four essays addressing human rights developments of global concern in 2004. The lead essay examines far-reaching threats to human rights that emerged during the year: large-scale ethnic cleansing in Darfur in western Sudan, and detainee abuse at Abu Ghraib prison in Iraq, symptomatic of a broader problem of torture and mistreatment of detainees by U.S. forces. It argues that the vitality of human rights defense worldwide depends on a firm response to both of these threats.
Human Rights and Chinese Thought: A Cross-Cultural Inquiry
by Stephen C. AngleWhat should we make of claims by members of other groups who have moralities different from our own? Human Rights in Chinese Thought gives an extended answer to this question in the first study of its kind. It integrates a full account of the development of Chinese rights discourse with philosophical consideration of how various communities should respond to contemporary Chinese claims about the uniqueness of their human rights concepts. The book elaborates a plausible kind of moral pluralism and demonstrates that Chinese ideas of human rights do indeed have distinctive characteristics, but it nonetheless argues for the importance and promise of cross-cultural moral engagement.
Human Rights and Counter-terrorism in America's Asia Policy (Adelphi series)
by Rosemary FootThis book examines the effects of the terrorist attacks on New York and Washington of 11 September 2001 on America's human rights and counter-terrorism policies towards a number of countries in Asia. Five countries have been chosen for examination, divided into two front-lines states (Pakistan and Uzbekistan), two second-front countries (Indonesia and Malaysia), and a third-front country, China. The paper also looks at changes in US domestic legislation and its treatment of prisoners at Guantanamo Bay and elsewhere in order to analyse the extent to which the US promotion of an external human rights policy might also have been compromised by its own legislative changes as a result of the struggle against terrorism. The paper concludes that the attacks on US territory, overall, have constrained America's willingness and capacity to promote an external human rights policy with respect to these five countries. However, some attention - especially at the rhetorical level - to these countries' human rights records has been retained to differing degrees among the five states. This degree of difference is not explained entirely in reference to a country's perceived centrality to the struggle against terrorism. It depends on the extent to which the US executive and legislative branches are united - either singly or in combination - in their disapproval of a state's record, or in their understanding about how best to reach the policy goals that are sought.
Human Rights and Humanitarian Norms, Strategic Framing, and Intervention: Lessons for the Responsibility to Protect
by Melissa LabonteThis book seeks to examine the effects of strategic framing in U.S. and UN policy arenas to draw conclusions regarding whether and how the human rights and humanitarian norms embedded within such frames resonated with decision-makers and, in turn, how they shaped variation in levels of political will concerning humanitarian intervention in three cases that today would qualify as Responsibility to Protect (R2P) cases: Somalia, Rwanda, and Sierra Leone. Labonte concludes that in order for humanitarian interventions to stand a higher likelihood of being effective, states advocating in support of such actions must find a way to persuade policymakers by appealing to both the logic of consequences (which rely on material and pragmatic considerations) and logic of appropriateness (which rely on normatively appropriate considerations) – and strategic framing may be one path to achieve this outcome.
Human Rights and Humanity’s Rights During Year Three of the French Revolution
by Eduardo BakerThis book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries’ distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.
Human Rights and Memory (Essays on Human Rights #5)
by Daniel Levy Natan SznaiderMemories of historical events like the Holocaust have played a key role in the internationalization of human rights. Their importance lies in their ability to bridge the universal and the particular—the universality of human values and the particularity of memories rooted in local human experiences. In Human Rights and Memory, Levy and Sznaider trace the growth of human rights discourse since World War II and interpret its deployment of memories as a new form of cosmopolitanism, exemplifying a dynamic through which global concerns become part of local experiences, and vice versa.
Human Rights and Radical Social Transformation: Futurity, Alterity, Power
by Kathryn McNeillyAgainst the recent backdrop of sociopolitical crisis, radical thinking and activism to challenge the oppressive operation of power has increased. Such thinkers and activists have aimed for radical social transformation in the sense of challenging dominant ways of viewing the world, including the neoliberal illusion of improving the welfare of all while advancing the interests of only some. However, a question mark has remained over the utility of human rights in this activity and the capability of rights to challenge, as opposed to reinforce, discourses such as liberalism, capitalism, internationalism and statism. It is at this point that the present work aims to intervene. Drawing upon critical legal theory, radical democratic thinking and feminist perspectives, Human Rights and Radical Social Transformation seeks to reassess the radical possibilities for human rights and explore how rights may be re-engaged as a tool to facilitate radical social change via the concept of ‘human rights to come’. This idea proposes a reconceptualisation of human rights in theory and practice which foregrounds human rights as inherently futural and capable of sustaining a critical relation to power and alterity in radical politics.
Human Rights and Reform: Changing the Face of North African Politics
by Susan E. WaltzIndependence from colonial rule did not usher in the halcyon days many North Africans had hoped for, as the new governments in Morocco, Tunisia, and Algeria soon came to rely on repression to reinforce and maintain power. In response to widespread human rights abuses, individuals across the Maghrib began to form groups in the late 1970s to challenge the political practices and structures in the region, and over time these independent human rights organizations became prominent political actors. The activists behind them are neither saints nor revolutionaries, but political reformers intent on changing political patterns that have impeded democratization. This study, the first systematic comparative analysis of North African politics in more than a decade, explores the ability of society, including Islamist forces, to challenge the powers of states. Locating Maghribi polities within their cultural and historical contexts, Waltz traces state-society relations in the contemporary period. Even as Algeria totters at the brink of civil war and security concerns rise across the region, the human rights groups Susan Waltz examines implicitly challenge the authoritarian basis of political governance. Their efforts have not led to the democratic transition many had hoped, but human rights have become a crucial new element of North African political discourse. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1995.
Human Rights and Sovereign Standards in US Security: “Freedom Will Be Defended” (Routledge Advances in American History)
by Sarah EarnshawThis book examines the history of human rights in US security imaginaries and provides a theoretical framework to explore the common-sense assumptions around US foreign relations and the universality of the human.The inability, or unwillingness, to provide fundamental freedoms is a central feature in the US presentation of postcolonial spaces as “failed” and “rogue” states: as nodes of disorder and instability that are then subject to increasingly pre-emptive pacification. While largely focused on contemporary history from the post-WWII Universal Declaration to drone war, the author critically engages with longer, entwined histories such as Westphalian mythology, humanitarian intervention, and imperial aerial policing. Bridging history, law, politics, culture, and war, the theoretical bounding of the regime of truth offers a fresh reading for those knowledgeable on human rights and/as security policy.This volume will be of value to students and scholars of American Studies/history, critical International Relations (IR), human rights history, and those interested in conceptions of liberty and US foreign relations.
Human Rights and Transitional Justice in Chile (Memory Politics and Transitional Justice)
by Hugo Rojas Miriam ShaftoeThis book offers a synthesis of the main achievements and pending challenges during the thirty years of transitional justice in Chile after Augusto Pinochet’s dictatorship. The Chilean experience provides useful comparative perspectives for researchers, students and human rights activists engaged in transitional justice processes around the world. The first chapter explains the theoretical foundations of human rights and transitional justice. The second chapter discusses the main historical milestones in Chile’s recent history which have defined the course of the process of transitional justice. The following chapters provide an overview of the key elements of transitional justice in Chile: truth, reparations, memory, justice, and guarantees of non-repetition.
Human Rights and Transnational Democracy in South Korea (Pennsylvania Studies in Human Rights)
by Ingu HwangDrawing on previously unused or underutilized archival sources, this book offers the first account of the historical intersection between South Korea's democratic transition and the global human rights boom in the 1970s. It shows how local pro-democracy activists pragmatically engaged with global advocacy groups, especially Amnesty International and the World Council of Churches, to maximize their socioeconomic and political struggles against the backdrop of South Korea's authoritarian industrialization and U.S. hegemony in East Asia. Ingu Hwang details how local prodemocracy protesters were able to translate their sufferings and causes into international human rights claims that highlighted how U.S. Cold War geopolitics impeded democratization in South Korea. In tracing the increasing coalitional ties between local pro-democracy protests and transnational human rights activism, the book also calls attention to the parallel development of counteraction human rights policies by the South Korean regime and US administrations. These counteractions were designed to safeguard the regime's legitimacy and to ensure the US Cold War security consensus. Thus, Hwang argues that local disputes over democratization in South Korea became transnational contestations on human rights through the development of trans-Pacific human rights politics.Human Rights and Transnational Democracy in South Korea critically engages with studies on global human rights, contemporary Korea, and U.S. Cold War policy. By presenting a bottom-up approach to the shaping of global human rights activism, it contributes to a growing body of literature that challenges European/U.S. centric accounts of human rights advocacy and moves beyond the national and mjinjung (people's) framework traditionally used to detail Korea's democratic transition.
Human Rights and Transnational Solidarity in Cold War Latin America
by Jessica Stites MorWith the end of the global Cold War, the struggle for human rights has emerged as one of the most controversial forces of change in Latin America. Many observers seek the foundations of that movement in notions of rights and models of democratic institutions that originated in the global North. Challenging that view, this volume argues that Latin American community organizers, intellectuals, novelists, priests, students, artists, urban pobladores, refugees, migrants, and common people have contributed significantly to new visions of political community and participatory democracy. These local actors built an alternative transnational solidarity from below with significant participation of the socially excluded and activists in the global South. Edited by Jessica Stites Mor, this book offers fine-grained case studies that show how Latin America’s re-emerging Left transformed the struggles against dictatorship and repression of the Cold War into the language of anti-colonialism, socioeconomic rights, and identity.
Human Rights and the Negotiation of American Power
by Glenn MitomaThe American attitude toward human rights is deemed inconsistent, even hypocritical: while the United States is characterized (or self-characterized) as a global leader in promoting human rights, the nation has consistently restrained broader interpretations of human rights and held international enforcement mechanisms at arm's length. Human Rights and the Negotiation of American Power examines the causes, consequences, and tensions of America's growth as the leading world power after World War II alongside the flowering of the human rights movement. Through careful archival research, Glenn Mitoma reveals how the U.S. government, key civil society groups, Cold War politics, and specific individuals contributed to America's emergence as an ambivalent yet central player in establishing an international rights ethic.Mitoma focuses on the work of three American civil society organizations: the Commission to Study the Organization of Peace, the National Association for the Advancement of Colored People, and the American Bar Association--and their influence on U.S. human rights policy from the late 1930s through the 1950s. He demonstrates that the burgeoning transnational language of human rights provided two prominent United Nations diplomats and charter members of the Commission on Human Rights--Charles Malik and Carlos Romulo--with fresh and essential opportunities for influencing the position of the United States, most particularly with respect to developing nations. Looking at the critical contributions made by these two men, Mitoma uncovers the unique causes, tensions, and consequences of American exceptionalism.
Human Rights and the Northern Ireland Conflict: Law, Politics and Conflict, 1921-2014 (Law, Conflict and International Relations)
by Omar GrechThis interdisciplinary book explores the Northern Ireland conflict through a human rights framework. The book examines the conflict from the creation of the Northern Ireland state in 1921 to 2014. This timeframe allows an analysis of how human rights impacted upon the conflict in its broadest understanding (i.e. the pre-violent conflict, the violent conflict and the post-violent conflict phases). Furthermore, it allows for a better understanding of how the various stages of the conflict impacted upon how human rights are understood in Northern Ireland today. The study’s main findings are that: (i) human rights had a significant impact on the development of the conflict; (ii) human rights violations were both underlying causes and direct causes of the descent into violence; (iii) the conflict coloured the view of human rights held by the main political actors; and (iv) human rights continue to be partially understood through the prism of the conflict. More generally, this interdisciplinary work explores the relationship between law, politics and conflict. This book will be of much interest to students of human rights, conflict resolution, British politics, law and security studies.
Human Rights as Social Construction
by Benjamin GreggMost conceptions of human rights rely on metaphysical or theological assumptions that construe them as possible only as something imposed from outside existing communities. Most people, in other words, presume that human rights come from nature, God or the United Nations. This book argues that reliance on such putative sources actually undermines human rights. Benjamin Gregg envisions an alternative; he sees human rights as locally developed, freely embraced and indigenously valid. Human rights, he posits, can be created by the average, ordinary people to whom they are addressed and that they are valid only if embraced by those to whom they would apply. To view human rights in this manner is to increase the chances and opportunities that more people across the globe will come to embrace them.
Human Rights as a Way of Life: On Bergson's Political Philosophy
by Alexandre LefebvreThe work of Henri Bergson, the foremost French philosopher of the early twentieth century, is not usually explored for its political dimensions. Indeed, Bergson is best known for his writings on time, evolution, and creativity. This book concentrates instead on his political philosophy—and especially on his late masterpiece,The Two Sources of Morality and Religion—from which Alexandre Lefebvre develops an original approach to human rights. We tend to think of human rights as the urgent international project of protecting all people everywhere from harm. Bergson shows us that human rights can also serve as a medium of personal transformation and self-care. For Bergson, the main purpose of human rights is to initiate all human beings into love. Forging connections between human rights scholarship and philosophy as self-care, Lefebvre uses human rights to channel the whole of Bergson's philosophy.
Human Rights for Pragmatists: Social Power in Modern Times (Human Rights and Crimes against Humanity #48)
by Jack SnyderAn innovative framework for advancing human rights Human rights are among our most pressing issues today, yet rights promoters have reached an impasse in their effort to achieve rights for all. Human Rights for Pragmatists explains why: activists prioritize universal legal and moral norms, backed by the public shaming of violators, but in fact rights prevail only when they serve the interests of powerful local constituencies. Jack Snyder demonstrates that where local power and politics lead, rights follow. He presents an innovative roadmap for addressing a broad agenda of human rights concerns: impunity for atrocities, dilemmas of free speech in the age of social media, entrenched abuses of women’s rights, and more.Exploring the historical development of human rights around the globe, Snyder shows that liberal rights–based states have experienced a competitive edge over authoritarian regimes in the modern era. He focuses on the role of power, the interests of individuals and the groups they form, and the dynamics of bargaining and coalitions among those groups. The path to human rights entails transitioning from a social order grounded in patronage and favoritism to one dedicated to equal treatment under impersonal rules. Rights flourish when they benefit dominant local actors with the clout to persuade ambivalent peers. Activists, policymakers, and others attempting to advance rights should embrace a tailored strategy, one that acknowledges local power structures and cultural practices.Constructively turning the mainstream framework of human rights advocacy on its head, Human Rights for Pragmatists offers tangible steps that all advocates can take to move the rights project forward.
Human Rights for the 21st Century
by Helen M. StacyIn an effort to defend the necessity of building international human rights institutions, Stacy (Stanford Law School) addresses three broad critiques of international human rights. In response to charges that international human rights is either powerless rhetoric in the face of national interests or perhaps an excuse for colonial or imperial projects that impinge on the sovereignty of nation-states, she argues that a new norm of sovereignty, "relational sovereignty," has emerged in the era of economic and communications globalization and that it requires the sovereign to care for the human rights of its citizens. Against those who argue that civil society is a better vehicle for promoting human rights than international law, she contends that law provides a structure for disagreement, claims, and judgments that can mediate disputes in ways that neither social nor political institutions are able to do. Finally, addressing those that worry about the challenges of cultural difference to universal standards of human rights, she proposes the creation of regional institutions that will be able to offer equilibrium between general international norms and particular cultures. Annotation ©2009 Book News, Inc. , Portland, OR (booknews. com)
Human Rights in Ancient Rome
by Richard BaumanThe concept of human rights has a long history. Its practical origins, as distinct from its theoretical antecedents, are said to be comparatively recent, going back no further than the American and French Bills of Rights of the eighteenth century. Even those landmarks are seen as little more than the precursors of the twentieth century starting-point - the Universal Declaration of Human Rights which was adopted by the General Assembly of the United Nations in 1948. In this unique and stimulating book, Richard Bauman investigates the concept of human rights in the Roman world. He argues that on the theoretical side, ideas were developed by thinkers such as Cicero and Seneca and on the pragmatic side, practical applications were rewarded mainly through the law. He presents a comprehensive analysis of human rights in ancient Rome and offers enlightening comparisons between the Roman and twentieth century understanding of human rights.
Human Rights in Armed Conflict: Law, Practice, Policy
by Gerd OberleitnerIt is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.
Human Rights in Asia: A Comparative Legal Study of Twelve Asian Jurisdictions, France and the USA (Routledge Law in Asia #Vol. 2)
by Randall Peerenboom Albert H. Y. Chen Carole J. PetersenHuman Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
Human Rights in Cuba, El Salvador and Nicaragua: A Sociological Perspective on Human Rights Abuse (Studies in International Relations)
by Mayra GomezThis book presents a historical perspective on patterns of human rights abuse in Cuba, El Salvador and Nicaragua and incorporates international relations in to the traditional theories of state repression found within the social sciences.
Human Rights in Europe during the Cold War (Cold War History)
by Rasmus Mariager Karl Molin Kjersti BrathagenThis book provides an overview of the establishment, dispersion and effects of human rights in Europe during the Cold War. The struggle for human rights did not begin at the end of the Second World War. For centuries, political associations, religious societies and individuals had been fighting for political freedom, religious tolerance, freedom of expression, freedom of thought and the right to participate in politics. However, the world was awakened by the atrocities of the Second World War and the idea that every person should have certain perpetual and inalienable rights was set out in The Universal Declaration of Human Rights (UDHR) from 1948, which contained an enumeration of international human rights standards. Adopting an interpretative framework which pulls together universal ideas, values and principles of human rights, Human Rights in Europe during the Cold War demonstrates how conflicting interests collided when the exact meaning of human rights was established. It also discusses various approaches to the idea of imposing respect for human rights in countries where they were systematically violated and assesses the outcome of international accords on human rights, in particular the 1975 Helsinki Final Act. In conclusion, this volume proposes that human rights functioned as moral support to the opposition in repressive regimes and that this was subsequently used as a tool to further system changes. Based on new archival research, this book will be of much interest to students of Cold War studies, human rights, European history, international law and IR in general.
Human Rights in History: Cold War Germany, the Third World, and the Global Humanitarian Regime
by Young-Sun HongThis book examines competition and collaboration among Western powers, the socialist bloc, and the Third World for control over humanitarian aid programs during the Cold War. Young-sun Hong's analysis reevaluates the established parameters of German history. On the one hand, global humanitarian efforts functioned as an arena for a three-way political power struggle. On the other, they gave rise to transnational spaces that allowed for multidimensional social and cultural encounters. Hong paints an unexpected view of the global humanitarian regime: Algerian insurgents flown to East Germany for medical care, barefoot Chinese doctors in Tanzania, and West and East German doctors working together in the Congo. She also provides a rich analysis of the experiences of African trainees and Asian nurses in the two Germanys. This book brings an urgently needed historical perspective to contemporary debates on global governance, which largely concern humanitarianism, global health, south-north relationships, and global migration.