The Sovereignty Of Human Rights

Author : Patrick Macklem
Publisher : Oxford University Press, USA
Page : 272 pages
File Size : 44,7 Mb
Release : 2015
Category : Law
ISBN : 9780190267315

Get Book

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 : K. Mills
Publisher : Springer
Page : 268 pages
File Size : 52,8 Mb
Release : 1998-09-14
Category : Political Science
ISBN : 9780230373556

Get Book

Human Rights in the Emerging Global Order by K. Mills Pdf

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
Page : 210 pages
File Size : 51,6 Mb
Release : 2015-01-09
Category : Nature
ISBN : 9781317645771

Get Book

Human Rights and the Food Sovereignty Movement by Priscilla Claeys Pdf

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,Daniëlla Dam-de Jong,Vid Prislan
Publisher : BRILL
Page : 494 pages
File Size : 50,8 Mb
Release : 2021-07-19
Category : Law
ISBN : 9789004459892

Get Book

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development by Niels M. Blokker,Daniëlla Dam-de Jong,Vid Prislan Pdf

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 : Richard A. Falk
Publisher : New York : Holmes & Meier Publishers
Page : 272 pages
File Size : 41,8 Mb
Release : 1981
Category : Political Science
ISBN : UOM:39015002726498

Get Book

Human Rights and State Sovereignty by Richard A. Falk Pdf

Author : European Commission for Democracy through Law,Council of Europe
Publisher : Council of Europe
Page : 236 pages
File Size : 49,8 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9287171343

Get Book

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 : Helen M. Stacy
Publisher : Stanford University Press
Page : 280 pages
File Size : 47,8 Mb
Release : 2009-02-05
Category : Political Science
ISBN : 9780804771023

Get Book

Human Rights for the 21st Century by Helen M. Stacy Pdf

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 : Patrick Macklem
Publisher : Unknown
Page : 13 pages
File Size : 46,9 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1305156524

Get Book

The Sovereignty of Human Rights by Patrick Macklem Pdf

This essay is a reply to four critiques of the thesis advanced in The Sovereignty of Human Rights, which are to be published in a special issue of the Jerusalem Review of Legal Studies. The first claims that practices associated with human rights in the international arena bear a loose conceptual and methodological relationship to the role that the book ascribes to human rights in international law. The second highlights the practice of actors who circumvent the state to engage directly with multinational corporate human rights abuses, which The Sovereignty of Human Rights fails to treat as salient to the theoretical architecture of international human rights law. The third characterizes the book's account of the right to development as, at best, an optimistic overstatement of its efficacy and, at worst, a hindrance to development efforts by states at the receiving end of international assistance. The final contribution explores the under-theorized relationship between the book's thesis and the burgeoning scholarship on global constitutionalism, implicitly suggesting that it underplayed the hand that it dealt itself. Each is addressed in turn.

Author : Alison L Young
Publisher : Bloomsbury Publishing
Page : 200 pages
File Size : 51,8 Mb
Release : 2008-12-05
Category : Law
ISBN : 9781847314734

Get Book

Parliamentary Sovereignty and the Human Rights Act by Alison L Young Pdf

The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.

Author : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 50,7 Mb
Release : 2001
Category : Law
ISBN : 0889369631

Get Book

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 : Professor Michaelene Cox,Professor Noha Shawki
Publisher : Ashgate Publishing, Ltd.
Page : 250 pages
File Size : 48,7 Mb
Release : 2013-03-28
Category : Political Science
ISBN : 9781409499114

Get Book

Negotiating Sovereignty and Human Rights by Professor Michaelene Cox,Professor Noha Shawki Pdf

Providing an overview of institutional developments and innovations in human rights politics, this volume discusses some of the most important current and emerging human rights issues. It takes stock of the initiatives, policy responses and innovations of past years to identify some of the challenges that will likely require bold and innovative solutions. The contributors focus on actors and/or issues that are outside the mainstream of international human rights politics; the chapters address issues that have only emerged as an important part of the international human rights agenda and generated much advocacy, diplomacy and negotiations since the end of the Cold War. These issues include: the International Criminal Court, the norm of Responsibility to Protect (R2P), the proliferation of small arms and light weapons and its human rights impact, truth commissions, and the rights of persons with disabilities. The contributions offer a direct challenge to entrenched notions of state sovereignty and represent a departure from established ways of policy making.

Author : Peter H. Russell
Publisher : University of Toronto Press
Page : 185 pages
File Size : 55,6 Mb
Release : 2021-02-01
Category : History
ISBN : 9781487539702

Get Book

Sovereignty by Peter H. Russell Pdf

To be effective, sovereignty must be secured through force or consent by those living in a territory, and accepted externally by other sovereign states. To be legitimate, the sovereignty claim must have the consent of its people and accord with international human rights. In Sovereignty: The Biography of a Claim, Peter H. Russell traces the origins of the sovereignty claim to Christian Europe and the attribution of sovereignty to God in the early Middle Ages. Transcending a narrow legal framework, he discusses sovereignty as a political activity including efforts to enshrine sovereignty within international law. Russell does not call for the end of sovereignty but makes readers aware of its limitations. While sovereignty can do good work for small and vulnerable peoples, it cannot be the basis of a global order capable of responding to the major existential threats that threaten our species and our planet. A brisk, often humorous, and personal exploration, Sovereignty: The Biography of a Claim will interest specialists and general readers alike, offering fresh insights on the limitations of sovereignty and the potential of federalism to alleviate these limitations now and in the future.

Author : Ilias Bantekas,Cephas Lumina
Publisher : Oxford University Press, USA
Page : 641 pages
File Size : 48,7 Mb
Release : 2019-01-15
Category : Law
ISBN : 9780198810445

Get Book

Sovereign Debt and Human Rights by Ilias Bantekas,Cephas Lumina Pdf

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 : Richard A. Falk
Publisher : New York : Holmes & Meier Publishers
Page : 272 pages
File Size : 55,5 Mb
Release : 1981
Category : Political Science
ISBN : UCBK:B000913390

Get Book

Human Rights and State Sovereignty by Richard A. Falk Pdf

Author : Helen Stacy
Publisher : Stanford University Press
Page : 280 pages
File Size : 54,7 Mb
Release : 2009-02-05
Category : Political Science
ISBN : 9780804745390

Get Book

Human Rights for the 21st Century by Helen Stacy Pdf

Considers the legal, moral and pragmatic issues at stake when international standards of human rights are trumped by culture and politics, and proposes new approaches to fill the gaps in current human rights theories and practice, namely relational sovereignty, reciprocal adjudication, and regional human rights courts.