States Human Rights And Distant Strangers

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States, Human Rights, and Distant Strangers

Angela Müller
States Human Rights and Distant Strangers Book PDF

Author : Angela Müller
Publisher : Taylor & Francis
Page : 342 pages
File Size : 50,7 Mb
Release : 2023-10-24
Category : Political Science
ISBN : 9781003807292

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States, Human Rights, and Distant Strangers by Angela Müller Pdf

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.

Rightful Relations with Distant Strangers

Aravind Ganesh
Rightful Relations with Distant Strangers Book PDF

Author : Aravind Ganesh
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 52,8 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509941339

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Rightful Relations with Distant Strangers by Aravind Ganesh Pdf

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).

Business and Human Rights

Dalia Palombo
Business and Human Rights Book PDF

Author : Dalia Palombo
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 41,8 Mb
Release : 2020-02-06
Category : Law
ISBN : 9781509928057

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Business and Human Rights by Dalia Palombo Pdf

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.

Mind and Rights

Matthias Mahlmann
Mind and Rights Book PDF

Author : Matthias Mahlmann
Publisher : Cambridge University Press
Page : 515 pages
File Size : 50,8 Mb
Release : 2023-02-16
Category : Political Science
ISBN : 9781316877562

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Mind and Rights by Matthias Mahlmann Pdf

Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

Die Schutzverantwortung (R2P)

Peter Hilpold
Die Schutzverantwortung R2P Book PDF

Author : Peter Hilpold
Publisher : Martinus Nijhoff Publishers
Page : 371 pages
File Size : 44,9 Mb
Release : 2013-10-10
Category : Law
ISBN : 9789004229983

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Die Schutzverantwortung (R2P) by Peter Hilpold Pdf

Das Konzept der Schutzverantwortung (Responsibility to Protect) hat nach seiner ersten fundierten Aufbearbeitung im Bericht der International Commission on Intervention and State Sovereignty (ICISS) im Jahr 2001 und der Aufnahme in das Abschlussdokument des UN-Weltgipfels 2005 weltweit einen Siegeszug angetreten. Das Denken und Argumentieren in Völkerrechtswissenschaft und –praxis ist mittlerweile nachhaltig davon geprägt. Dennoch bleiben viele Fragen in diesem Zusammenhang offen. In diesem Band diskutieren Experten des Internationalen Rechts Grundsatzaspekte der Schutzverantwortung. Diese wird in ihrer historischen Dimension analysiert, es wird geprüft, wie sich dieses Konzept in das allgemeine System des Völkerrechts fügt und es wird analysiert, welche Entwicklungsperspektiven sich für diesen Ansatz abzeichnen. The concept of R2P has found broad approval in international law doctrine as well as in practice after it was first introduced by the Report of the International Commission on Intervention and State Sovereignty (ICISS) in 2001, and after its affirmation by the UN World Summit in 2005. It is fair to say that international law has been profoundly influenced by this new approach. Nonetheless, many questions in this regard are still open. In this volume international lawyers discuss a series of fundamental aspects of R2P: the historical dimension, the relationship between R2P and general international law and the dynamics surrounding this concept. In particular it is examined in which direction this concept is expected to evolve. Contributors include: Alex Bellamy, Enzo Cannizzaro, Martina Caroni, Thomas Cottier, Fernand de Varennes, Oliver Diggelmann, Andrea Gattini, Hans-Joachim Heintze, Peter Hilpold, Karolina Januszewski, Nadakavukaren Scheffer, Stefanie Schmahl, Peter-Tobias Stoll, and Lotta Viikari.

Poverty, Agency, and Human Rights

Diana T. Meyers
Poverty Agency and Human Rights Book PDF

Author : Diana T. Meyers
Publisher : Oxford University Press
Page : 373 pages
File Size : 40,7 Mb
Release : 2014
Category : Business & Economics
ISBN : 9780199975877

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Poverty, Agency, and Human Rights by Diana T. Meyers Pdf

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.

Rightful Relations with Distant Strangers

Aravind Ganesh
Rightful Relations with Distant Strangers Book PDF

Author : Aravind Ganesh
Publisher : Bloomsbury Publishing
Page : 293 pages
File Size : 47,9 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509941322

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Rightful Relations with Distant Strangers by Aravind Ganesh Pdf

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).

Due Diligence in the International Legal Order

Heike Krieger,Anne Peters,Leonhard Kreuzer
Due Diligence in the International Legal Order Book PDF

Author : Heike Krieger,Anne Peters,Leonhard Kreuzer
Publisher : Oxford University Press, USA
Page : 433 pages
File Size : 55,8 Mb
Release : 2021-02-03
Category : Law
ISBN : 9780198869900

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Due Diligence in the International Legal Order by Heike Krieger,Anne Peters,Leonhard Kreuzer Pdf

This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.

Human Characteristics

Preben Bertelsen,Henrik Høgh-Olesen,Jan Tønnesvang
Human Characteristics Book PDF

Author : Preben Bertelsen,Henrik Høgh-Olesen,Jan Tønnesvang
Publisher : Cambridge Scholars Publishing
Page : 450 pages
File Size : 54,6 Mb
Release : 2009-01-23
Category : Psychology
ISBN : 9781443804752

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Human Characteristics by Preben Bertelsen,Henrik Høgh-Olesen,Jan Tønnesvang Pdf

Every once in a while, we have to reconsider the perennial questions concerning human nature: What are the special human behaviours, social practices, and psychological structures that make us particularly human? The field of evolution, psychology and cognitive science is the most expanding, inter-disciplinary area of this field for the time being, uniting different sciences under the same evolutionary paradigm and keeping them occupied by the same eternal questions stated above. Relevant data and theoretical considerations are piling up, but an overview is needed. To facilitate this a large inter-disciplinary conference entitled “Human Mind—Human Kind” was held at Aarhus University, Denmark. The studies fall into three well defined sections: 1) Evolution and Cognition—Comparative and Developmental Perspectives, 2) Human Sociality, Morality and Religiosity, 3) Human Sexuality and Mating Strategies. Specifying the differences between our own species and the rest of the animal world always provokes debate. But these demarcations simply have to be drawn once and again. They focus attention and stimulate research, exactly because they provoke and challenge other researchers to take up the glove and prove us wrong.

Writing Beyond the State

Alexandra S. Moore,Samantha Pinto
Writing Beyond the State Book PDF

Author : Alexandra S. Moore,Samantha Pinto
Publisher : Springer Nature
Page : 302 pages
File Size : 44,7 Mb
Release : 2020-03-14
Category : Literary Criticism
ISBN : 9783030344566

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Writing Beyond the State by Alexandra S. Moore,Samantha Pinto Pdf

This book investigates the imaginative capacities of literature, art and culture as sites for reimagining human rights, addressing deep historical and structural forms of belonging and unbelonging; the rise of xenophobia, neoliberal governance, and securitization that result in the purposeful precaritization of marginalized populations; ecological damage that threatens us all, yet the burdens of which are distributed unequally; and the possibility of decolonial and posthuman approaches to rights discourses. The book starts from the premise that there are deep-seated limits to the political possibilities of state and individual sovereignty in terms of protecting human rights around the world. The essays explore how different forms, materials, perspectives, and aesthetics can help reveal the limits of normative human rights and contribute to the cultural production of new human rights imaginaries beyond the borders of state and self.

Liberal Loyalty

Anna Stilz
Liberal Loyalty Book PDF

Author : Anna Stilz
Publisher : Princeton University Press
Page : 272 pages
File Size : 55,7 Mb
Release : 2009-07-06
Category : Political Science
ISBN : 1400830702

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Liberal Loyalty by Anna Stilz Pdf

Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, and Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves--rather than territory, common language, or shared culture--are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens. She demonstrates that specifying what freedom and equality mean among a particular people requires their democratic participation together as a group. Justice, therefore, depends on the authority of the democratic state because there is no way equal freedom can be defined or guaranteed without it. Yet, as Stilz shows, this does not mean that each of us should entertain some vague loyalty to democracy in general. Citizens are politically obligated to their own state and to each other, because within their particular democracy they define and ultimately guarantee their own civil rights. Liberal Loyalty is a persuasive defense of citizenship on purely liberal grounds.

Asylum Seekers and the State

Claudia Tazreiter
Asylum Seekers and the State Book PDF

Author : Claudia Tazreiter
Publisher : Routledge
Page : 251 pages
File Size : 44,7 Mb
Release : 2017-03-02
Category : Political Science
ISBN : 9781351956772

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Asylum Seekers and the State by Claudia Tazreiter Pdf

Highly topical in subject matter, Asylum Seekers and the State reveals immigration policy as a political process which has social consequences not only for the newcomer group, but also for the wider receiver society. This work considers the obligations which receiver societies have for considering refugee claims, but at the same time assesses contemporary security concerns; it also provides an introduction to the roles of non-government organizations as stake-holders in the political process. The book also offers a study of the historical and cultural context of immigration in Germany and Australia, which demonstrates the practical impact of these issues. Taking a fresh approach to the issue of asylum seekers and refugees, this book offers unique perspectives from non-state actors as significant brokers and advocates of social and political processes.

Foreign Policy

Steve Smith,Timothy Dunne
Foreign Policy Book PDF

Author : Steve Smith,Timothy Dunne
Publisher : Oxford University Press, USA
Page : 573 pages
File Size : 42,9 Mb
Release : 2012-06-21
Category : Political Science
ISBN : 9780199596232

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Foreign Policy by Steve Smith,Timothy Dunne Pdf

Foreign Policy is unique in that it combines theories, actors and cases in one volume. This approach encourages the reader to appreciate a balanced view of the theory, and how foreign policy is carried out in the real world.

The Responsibility to Protect (R2P)

Peter Hilpold
The Responsibility to Protect R2P Book PDF

Author : Peter Hilpold
Publisher : Martinus Nijhoff Publishers
Page : 453 pages
File Size : 49,6 Mb
Release : 2014-11-06
Category : Law
ISBN : 9789004230002

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The Responsibility to Protect (R2P) by Peter Hilpold Pdf

After having been introduced by the Report of the International Commission on Intervention and State Sovereignty (ICISS) in 2001 and after its affirmation by the UN World Summit in 2005 the concept of R2P has found broad approval both by international law doctrine and practice. It is fair to say that international law thinking has been profoundly influenced by this new approach. Nonetheless, many questions in this regard are still open. In this volume international lawyers discuss a series of fundamental aspect of R2P: the historical dimension, the relationship between R2P and general international law and the dynamics surrounding this concept. In particular it will be examined in which direction this concept will probably evolve. Contributors are: Alex Bellamy, Enzo Cannizzaro, Martina Caroni, Thomas Cottier, Hans-Georg Dederer, Fernand de Varennes, Oliver Diggelmann, Caro Focarelli, Andrea Gattini, Hans-Joachim Heintze, Peter Hilpold, Karolina Januszewski, Stefan Kadelbach, Federico Lenzerini, Manfred Nowak, Karin Oellers-Frahm, Nadakavukren Scheffer, Peter-Tobias Stoll, and Lotta Viikari

Empire of Humanity

Michael Barnett
Empire of Humanity Book PDF

Author : Michael Barnett
Publisher : Cornell University Press
Page : 311 pages
File Size : 46,8 Mb
Release : 2011-03-03
Category : Political Science
ISBN : 9780801461095

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Empire of Humanity by Michael Barnett Pdf

Empire of Humanity explores humanitarianism’s remarkable growth from its humble origins in the early nineteenth century to its current prominence in global life. In contrast to most contemporary accounts of humanitarianism that concentrate on the last two decades, Michael Barnett ties the past to the present, connecting the antislavery and missionary movements of the nineteenth century to today’s peacebuilding missions, the Cold War interventions in places like Biafra and Cambodia to post–Cold War humanitarian operations in regions such as the Great Lakes of Africa and the Balkans; and the creation of the International Committee of the Red Cross in 1863 to the emergence of the major international humanitarian organizations of the twentieth century. Based on extensive archival work, close encounters with many of today’s leading international agencies, and interviews with dozens of aid workers in the field and at headquarters, Empire of Humanity provides a history that is both global and intimate. Avoiding both romanticism and cynicism, Empire of Humanity explores humanitarianism’s enduring themes, trends, and, most strikingly, ethical ambiguities. Humanitarianism hopes to change the world, but the world has left its mark on humanitarianism. Humanitarianism has undergone three distinct global ages—imperial, postcolonial, and liberal—each of which has shaped what humanitarianism can do and what it is. The world has produced not one humanitarianism, but instead varieties of humanitarianism. Furthermore, Barnett observes that the world of humanitarianism is divided between an emergency camp that wants to save lives and nothing else and an alchemist camp that wants to remove the causes of suffering. These camps offer different visions of what are the purpose and principles of humanitarianism, and, accordingly respond differently to the same global challenges and humanitarianism emergencies. Humanitarianism has developed a metropolis of global institutions of care, amounting to a global governance of humanity. This humanitarian governance, Barnett observes, is an empire of humanity: it exercises power over the very individuals it hopes to emancipate. Although many use humanitarianism as a symbol of moral progress, Barnett provocatively argues that humanitarianism has undergone its most impressive gains after moments of radical inhumanity, when the "international community" believes that it must atone for its sins and reduce the breach between what we do and who we think we are. Humanitarianism is not only about the needs of its beneficiaries; it also is about the needs of the compassionate.