Sovereignty State Failure And Human Rights

Author : Neil A. Englehart
Publisher : Taylor & Francis
Page : 209 pages
File Size : 52,6 Mb
Release : 2017-05-08
Category : Political Science
ISBN : 9781315408217

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Sovereignty, State Failure and Human Rights by Neil A. Englehart Pdf

This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.

Author : Neil Englehart
Publisher : Routledge
Page : 208 pages
File Size : 53,7 Mb
Release : 2019-12-14
Category : Electronic
ISBN : 0367884607

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Sovereignty, State Failure and Human Rights by Neil Englehart Pdf

This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.

Author : Gérard Kreijen
Publisher : Martinus Nijhoff Publishers
Page : 405 pages
File Size : 47,7 Mb
Release : 2004
Category : Law
ISBN : 9789004139657

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State Failure, Sovereignty And Effectiveness by Gérard Kreijen Pdf

This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

Author : United Nations University
Publisher : United Nations University Press
Page : 419 pages
File Size : 43,7 Mb
Release : 2005
Category : Political Science
ISBN : 9789280811070

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Making States Work by United Nations University Pdf

The point of departure for this collection of articles is the idea that there is a link between international peace and strong states respectful of human rights and robust civil societies. Presented by Chesterman (New York U. School of Law, US), Ignatieff (Harvard U.'s John F. Kennedy School of Government, US), and Thakur (United Nations Universi

Author : Carmen E. Pavel
Publisher : Oxford University Press, USA
Page : 241 pages
File Size : 51,8 Mb
Release : 2015
Category : Law
ISBN : 9780199376346

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Divided Sovereignty by Carmen E. Pavel Pdf

Divided Sovereignty explores new institutional solutions to the old question of how to constrain states when they commit severe abuses against their own citizens. The book argues that coercive international institutions can stop these abuses and act as an insurance scheme against the possibility of states failing to fulfill their most basic sovereign responsibilities. It thus challenges the long standing assumption that collective grants of authority from the citizens of a state should be made exclusively for institutions within the borders of that state. Despite worries that international institutions such as the International Criminal Court could undermine domestic democratic control, citizens can divide sovereign authority between state and international institutions consistent with their right of democratic self-governance. States are imperfect, incomplete political forms. They presuppose a monopoly of coercive power and final jurisdictional authority over their territory. These twin elements of sovereignty and authority can be used by state leaders and political representatives in ways that stray significantly from the interests of citizens. In the most extreme cases, when citizens become inconvenient obstacles in the pursuit of the self-serving ambitions of their leaders, state power turns against them. Genocide, torture, displacement, and rape are often the means of choice by which the inconvenient are made to suffer or vanish. The book defends universal, principled limits on state authority based on jus cogens norms, a special category of norms in international law that prohibit violations of basic human rights. Against skeptics, it argues that many of the challenges of building an additional layer of institutions can be met if we pay attention to the conditions of institutional success, which require (1) experimentation with different institutional forms, (2) limitations on the scope of authority for coercive international institutions through clear, narrow, well defined mandates, and (3) understanding the limits of existing knowledge on institutional design, which should make us suspicious of proposals for grand institutional schemes, such as global democracy.

Author : Chiara Giorgetti
Publisher : BRILL
Page : 216 pages
File Size : 51,7 Mb
Release : 2010-03-08
Category : Law
ISBN : 9789004181281

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A Principled Approach to State Failure by Chiara Giorgetti Pdf

This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.

Author : Richard A. Falk
Publisher : New York : Holmes & Meier Publishers
Page : 251 pages
File Size : 48,8 Mb
Release : 1981
Category : Political Science
ISBN : 0841906203

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Human Rights and State Sovereignty by Richard A. Falk Pdf

Author : Christopher Bickerton,Philip Cunliffe,Alexander Gourevitch
Publisher : Routledge
Page : 225 pages
File Size : 49,7 Mb
Release : 2006-12
Category : Political Science
ISBN : 9781134113866

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Politics Without Sovereignty by Christopher Bickerton,Philip Cunliffe,Alexander Gourevitch Pdf

"The classical doctrine of sovereignty is widely seen as totalitarian, producing external aggression and internal repression. This book attempts to challenge the trend in international relations scholarship - the common antipathy to sovereignty. It is suitable for scholars of political science, international relations, security studies, and others." -- WorldCat.

Author : Patrick Macklem
Publisher : Oxford University Press
Page : 200 pages
File Size : 48,5 Mb
Release : 2015-08-20
Category : Law
ISBN : 9780190267322

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The Sovereignty of Human Rights by Patrick Macklem Pdf

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 : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 40,7 Mb
Release : 2001
Category : Law
ISBN : 0889369631

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The Responsibility to Protect by International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada) Pdf

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author : Hurst Hannum
Publisher : Cambridge University Press
Page : 245 pages
File Size : 49,6 Mb
Release : 2019-02-14
Category : Law
ISBN : 9781108417488

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Rescuing Human Rights by Hurst Hannum Pdf

Focuses on understanding human rights as they really are and their proper role in international affairs.

Author : Francis M. Deng,Sadikiel Kimaro,Terrence Lyons
Publisher : Rowman & Littlefield
Page : 300 pages
File Size : 49,5 Mb
Release : 2010-12-01
Category : Political Science
ISBN : 0815719736

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Sovereignty as Responsibility by Francis M. Deng,Sadikiel Kimaro,Terrence Lyons Pdf

The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns. Sovereignty as Responsibility presents a framework that should guide both national governments and the international community in discharging their respective responsibilities. Broad principles are developed by examining identity as a potential source of conflict, governance as a matter of managing conflict, and economics as a policy field for deterring conflict. Considering conflict management, political stability, economic development, and social welfare as functions of governance, the authors develop strategies, guidelines, and roles for its responsible exercise. Some African governments, such as South Africa in the 1990s and Ghana since 1980, have demonstrated impressive gains against these standards, while others, such as Rwanda, Somalia, Liberia, Nigeria, and Sudan, have failed. Opportunities for making sovereignty more responsible and improving the management of conflicts are examined at the regional and international levels. The lessons from the mixed successes of regional conflict management actions, such as the West African intervention in Liberia, the East African mediation in Sudan, and international efforts to urge talks to end the conflict in Angola, indicate friends and neighbors outside the state in conflict have important roles to play in increasing sovereign responsibility. Approaching conflict management from the perspective of the responsibilities of sovereignt

Author : European Commission for Democracy through Law,Council of Europe
Publisher : Council of Europe
Page : 236 pages
File Size : 48,6 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9287171343

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Definition and Development of Human Rights and Popular Sovereignty in Europe by European Commission for Democracy through Law,Council of Europe Pdf

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 : Kevin Harrison,Tony Boyd
Publisher : Manchester University Press
Page : 372 pages
File Size : 43,6 Mb
Release : 2003-12-05
Category : History
ISBN : 0719061512

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Understanding Political Ideas and Movements by Kevin Harrison,Tony Boyd Pdf

Underpinned by the work of major thinkers such as Marx, Locke, Weber, Hobbes and Foucault, the first half of the book looks at political concepts including: the state and sovereignty; the nation; democracy; representation and legitimacy; freedom; equiality and rights; obligation; and citizenship. There is also a specific chapter which addresses the role of ideology in the shaping of politics and society. The second half of the book addresses traditional theoretical subjects such as socialism, Marxism and nationalism, before moving on to more contemporary movements such as environmentalism, ecologism and feminism.

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 50,5 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.