Urgency And Human Rights

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Urgency and Human Rights

Author : Eva Rieter,Karin Zwaan
Publisher : Springer Nature
Page : 319 pages
File Size : 46,6 Mb
Release : 2020-11-21
Category : Law
ISBN : 9789462654150

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Urgency and Human Rights by Eva Rieter,Karin Zwaan Pdf

This book deals with urgency and human rights. ‘Urgent’ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases. This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use. Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases. There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect. Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands. Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.

Preventing Irreparable Harm

Author : Eva R. Rieter
Publisher : Unknown
Page : 1282 pages
File Size : 42,8 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134502090

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Preventing Irreparable Harm by Eva R. Rieter Pdf

International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, the destruction of the natural habitat, as well as to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators, the traditional concept of provisional measures has undergone a process of humanization. Preventing Irreparable Harm addresses the question of how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet the book analyzes their best practices and obstacles, determines the underlying rationale for their use of provisional measures, and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity - on what belongs to the core of the concept and on what does not belong to the concept at all - enhances the persuasive force of provisional measures. The practices of the international adjudicators that are made accessible in this book will prove useful in the ongoing cross-fertilization that occurs among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs, as well as international institutions, to address more effectively urgent human rights cases.

The Legitimacy of International Human Rights Regimes

Author : Andreas Føllesdal,Johan Karlsson Schaffer,Geir Ulfstein
Publisher : Cambridge University Press
Page : 323 pages
File Size : 46,9 Mb
Release : 2013-10-24
Category : Political Science
ISBN : 9781107470705

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The Legitimacy of International Human Rights Regimes by Andreas Føllesdal,Johan Karlsson Schaffer,Geir Ulfstein Pdf

The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.

Urgency in the Anthropocene

Author : Amanda H. Lynch,Siri Veland
Publisher : MIT Press
Page : 252 pages
File Size : 55,6 Mb
Release : 2018-11-20
Category : Political Science
ISBN : 9780262348904

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Urgency in the Anthropocene by Amanda H. Lynch,Siri Veland Pdf

A proposal to reframe the Anthropocene as an age of actual and emerging coexistence with earth system variability, encompassing both human dignity and environmental sustainability. Is this the Anthropocene, the age in which humans have become a geological force, leaving indelible signs of their activities on the earth? The narrative of the Anthropocene so far is characterized by extremes, emergencies, and exceptions—a tale of apocalypse by our own hands. The sense of ongoing crisis emboldens policy and governance responses that challenge established systems of sovereignty and law. The once unacceptable—geoengineering technology, for example, or authoritarian decision making—are now anticipated and even demanded by some. To counter this, Amanda Lynch and Siri Veland propose a reframing of the Anthropocene—seeing it not as a race against catastrophe but as an age of emerging coexistence with earth system variability. Lynch and Veland examine the interplay between our new state of ostensible urgency and the means by which this urgency is identified and addressed. They examine how societies, including Indigenous societies, have understood such interplays; explore how extreme weather and climate weave into the Anthropocene narrative; consider the tension between the short time scale of disasters and the longer time scale of sustainability; and discuss both international and national approaches to Anthropocene governance. Finally, they argue for an Anthropocene of coexistence that embraces both human dignity and sustainability.

Business and Human Rights

Author : Rory Sullivan,Mary Robinson
Publisher : Routledge
Page : 365 pages
File Size : 43,8 Mb
Release : 2017-09-08
Category : Business & Economics
ISBN : 9781351281263

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Business and Human Rights by Rory Sullivan,Mary Robinson Pdf

The end of the Cold War and the virtual disappearance of communism have completely altered the world economy. The supply chains of supermarkets and consumer goods industries have spread ever more widely and deeply into Asia, Africa and South America, while oil, mining and financial companies, among many others, have invested heavily in countries that were previously denied to them by political or ideological barriers. While companies have seized the opportunities presented by globalisation, they have in many cases been completely unprepared for the risks presented by their headlong rush into these new markets. Companies have found themselves and their business partners operating in countries where corruption, injustice, internal conflict and human rights violations are rife. An increasingly alert and critical world has acted as watchdog, highlighting corporate malpractice and the links between corporations and repressive regimes. It has increasingly been argued that companies have responsibilities for the protection and promotion of human rights. These arguments are, at least to some extent, accepted by companies. Yet, despite the increasing use of human rights language in public policy discourses, the expectations of companies remain unclear. That is, what are the ethical imperatives? What are the legal expectations? How far does responsibility extend? What can companies actually do in practice? The debate is further complicated by the range of actors (companies, governments, international institutions, local communities, non-governmental organisations [NGOs], trade unions, consumers) involved; by debates around free trade versus and fair trade; by the discussion of the specific role of governments; and by questions about the relative merits of regulation and self-regulation. Business and Human Rights provides an analysis of the relationship between companies and human rights in the context of globalisation. The analysis is in two parts. The first maps the reasons (financial, ethical, regulatory) why human rights have become a business issue. However, simply because there are reasons why companies should be concerned about human rights, this does not say what companies should or could do. Therefore, the second part of the book looks at the practical experiences of companies in responding to specific human rights issues in the context of their own operations, in their supply chains and in specific countries. These case studies, many of which have not been previously published or analysed from the perspective of human rights, provide important insights into questions such as: How do companies organise themselves to respond to human rights challenges? What have the experiences been-positive and negative? How have companies responded to specific situations? What are the roles and responsibilities of other actors: government, trade unions, NGOs? What are the limits to responsibility? In this outstanding collection, Rory Sullivan has drawn together leading thinkers and actors from the debate on business and human rights, to establish how far the business and human rights debate has evolved, and explore the many complex questions around roles, responsibilities and solutions that remain to be answered.

The Fierce Urgency of Now

Author : Daniel Fischlin,Ajay Heble,George Lipsitz
Publisher : Duke University Press
Page : 327 pages
File Size : 50,5 Mb
Release : 2013-06-14
Category : Music
ISBN : 9780822378358

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The Fierce Urgency of Now by Daniel Fischlin,Ajay Heble,George Lipsitz Pdf

The Fierce Urgency of Now links musical improvisation to struggles for social change, focusing on the connections between the improvisation associated with jazz and the dynamics of human rights struggles and discourses. The authors acknowledge that at first glance improvisation and rights seem to belong to incommensurable areas of human endeavor. Improvisation connotes practices that are spontaneous, personal, local, immediate, expressive, ephemeral, and even accidental, while rights refer to formal standards of acceptable human conduct, rules that are permanent, impersonal, universal, abstract, and inflexible. Yet the authors not only suggest that improvisation and rights can be connected; they insist that they must be connected. Improvisation is the creation and development of new, unexpected, and productive cocreative relations among people. It cultivates the capacity to discern elements of possibility, potential, hope, and promise where none are readily apparent. Improvisers work with the tools they have in the arenas that are open to them. Proceeding without a written score or script, they collaborate to envision and enact something new, to enrich their experience in the world by acting on it and changing it. By analyzing the dynamics of particular artistic improvisations, mostly by contemporary American jazz musicians, the authors reveal improvisation as a viable and urgently needed model for social change. In the process, they rethink politics, music, and the connections between them.

Human Rights: Moral or Political?

Author : Adam Etinson
Publisher : Oxford University Press
Page : 440 pages
File Size : 42,8 Mb
Release : 2018-03-09
Category : Philosophy
ISBN : 9780191022227

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Human Rights: Moral or Political? by Adam Etinson Pdf

Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights.

Human Rights and the Capabilities Approach

Author : Diane Elson,Sakiko Fukuda-Parr,Polly Vizard
Publisher : Routledge
Page : 248 pages
File Size : 55,9 Mb
Release : 2014-06-11
Category : Social Science
ISBN : 9781317979210

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Human Rights and the Capabilities Approach by Diane Elson,Sakiko Fukuda-Parr,Polly Vizard Pdf

Among several contesting views about the purpose of development and how progress should be evaluated, human rights and capabilities (or human development) stand out as two approaches that are concerned first and foremost with the well-being of individuals, their freedom, dignity and empowerment. These two approaches contrast sharply with the dominant development frameworks that emphasize economic growth as the essential objective. Though human rights and capabilities share these common commitment to human priorities, they are distinct concepts and fields that have developed separately. The aim of this volume is to explore the relationship between them in order to enhance the understanding of both as theoretical paradigms, as public policy frameworks and as approaches to development. The book includes contributions from some of the leading scholars in the two fields of capabilities approach and human rights. It covers the essential aspects of this relationship: addressing the complementarities between human rights and capabilities as theoretical concepts; how the concept of capabilities can contribute to resolving some key theoretical issues in human rights; how the social science analysis and methods of the capabilities approach can clarify human rights concepts and strengthen human rights advocacy; and how human rights norms can strengthen public policy and mobilize collective action to demand greater accountability in placing human priorities first in public policy. Human Rights and the Capabilities Approach raises many questions for further inter-disciplinary conversation and further research. This book was originally published as a special issue of the Journal of Human Development and Capabilities, and has been expanded with two additional articles from this journal and a new foreword by Professor Amartya Sen.

Ideas That Matter

Author : Debra Satz,Annabelle Lever
Publisher : Oxford University Press
Page : 256 pages
File Size : 55,6 Mb
Release : 2019-09-02
Category : Philosophy
ISBN : 9780190904975

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Ideas That Matter by Debra Satz,Annabelle Lever Pdf

The essays in this volume take off from themes in the work of eminent philosopher and political scientist Joshua Cohen. Cohen is a deeply influential thinker who has written on deliberative democracy, freedom of expression, Rawlsian theory, global justice, and human rights. The essays gathered here both engage with Cohen's work and expand upon it, embodying his commitment to the idea that analytical work by philosophers and social scientists matters to our shared public life and to democracy itself. The contributors offer novel perspectives on pressing issues of public policy from accountability for sexual violence to exploitation in international trade. The volume is organized around three central ideas. The first concerns democracy, specifically how we can improve collective decision-making both by elucidating our normative principles and enacting institutional changes. The second idea centers on how we confront injustice, investigating the role of emotions, social norms, and culture in democratic politics and public discussion. The final section explores how we develop political principles and values in an interdependent world, one in which theories of justice and forms of cooperation are increasingly extending beyond the state. The principle uniting this collection is that ideas matter-they can guide us in understanding how to confront difficult global problems such as the fragility of democratic institutions, the place of sovereignty in a globalizing world, and the persistence of racial injustice.

Handbook of Human Rights

Author : Thomas Cushman
Publisher : Routledge
Page : 1097 pages
File Size : 55,7 Mb
Release : 2012-02-20
Category : Philosophy
ISBN : 9781134019076

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Handbook of Human Rights by Thomas Cushman Pdf

In mapping out the field of human rights for those studying and researching within both humanities and social science disciplines, the Handbook of Human Rights not only provides a solid foundation for the reader who wants to learn the basic parameters of the field, but also promotes new thinking and frameworks for the study of human rights in the twenty-first century. The Handbook comprises over sixty individual contributions from key figures around the world, which are grouped according to eight key areas of discussion: foundations and critiques; new frameworks for understanding human rights; world religious traditions and human rights; social, economic, group, and collective rights; critical perspectives on human rights organizations, institutions, and practices; law and human rights; narrative and aesthetic dimension of rights; geographies of rights. In its presentation and analysis of the traditional core history and topics, critical perspectives, human rights culture, and current practice, this Handbook proves a valuable resource for all students and researchers with an interest in human rights.

The Fierce Urgency of Now

Author : Daniel Fischlin,Ajay Heble,George Lipsitz
Publisher : Duke University Press
Page : 327 pages
File Size : 49,9 Mb
Release : 2013-06-14
Category : Music
ISBN : 9780822354789

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The Fierce Urgency of Now by Daniel Fischlin,Ajay Heble,George Lipsitz Pdf

The Fierce Urgency of Now links musical improvisation to struggles for social change, focusing on the connections between the improvisation associated with jazz and the dynamics of human rights struggles and discourses. The authors acknowledge that at first glance improvisation and rights seem to belong to incommensurable areas of human endeavor. Improvisation connotes practices that are spontaneous, personal, local, immediate, expressive, ephemeral, and even accidental, while rights refer to formal standards of acceptable human conduct, rules that are permanent, impersonal, universal, abstract, and inflexible. Yet the authors not only suggest that improvisation and rights can be connected; they insist that they must be connected. Improvisation is the creation and development of new, unexpected, and productive cocreative relations among people. It cultivates the capacity to discern elements of possibility, potential, hope, and promise where none are readily apparent. Improvisers work with the tools they have in the arenas that are open to them. Proceeding without a written score or script, they collaborate to envision and enact something new, to enrich their experience in the world by acting on it and changing it. By analyzing the dynamics of particular artistic improvisations, mostly by contemporary American jazz musicians, the authors reveal improvisation as a viable and urgently needed model for social change. In the process, they rethink politics, music, and the connections between them.

Remembering the Rescuers of Victims of Human Rights Crimes in Latin America

Author : Marcia Esparza,Carla De Ycaza
Publisher : Lexington Books
Page : 218 pages
File Size : 42,8 Mb
Release : 2016-12-20
Category : History
ISBN : 9781498533270

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Remembering the Rescuers of Victims of Human Rights Crimes in Latin America by Marcia Esparza,Carla De Ycaza Pdf

This book explores the significance of remembering the rescuers denouncing human rights crimes and protecting targeted victims—including the dead—during the Cold War state violence in Latin America. It moves past a victim – perpetrator dichotomy to focus on those whose righteous acts were beacons for good in the midst of extreme violence.

Human Rights in the Americas

Author : María Herrera-Sobek,Francisco Lomelí,Luz Angélica Kirschner
Publisher : Routledge
Page : 308 pages
File Size : 55,8 Mb
Release : 2021-02-25
Category : Political Science
ISBN : 9781000359732

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Human Rights in the Americas by María Herrera-Sobek,Francisco Lomelí,Luz Angélica Kirschner Pdf

This interdisciplinary book explores human rights in the Americas from multiple perspectives and fields. Taking 1492 as a point of departure, the text explores Eurocentric historiographies of human rights and offer a more complete understanding of the genealogy of the human rights discourse and its many manifestations in the Americas. The essays use a variety of approaches to reveal the larger contexts from which they emerge, providing a cross-sectional view of subjects, countries, methodologies and foci explicitly dedicated toward understanding historical factors and circumstances that have shaped human rights nationally and internationally within the Americas. The chapters explore diverse cultural, philosophical, political and literary expressions where human rights discourses circulate across the continent taking into consideration issues such as race, class, gender, genealogy and nationality. While acknowledging the ongoing centrality of the nation, the volume promotes a shift in the study of the Americas as a dynamic transnational space of conflict, domination, resistance, negotiation, complicity, accommodation, dialogue, and solidarity where individuals, nations, peoples, institutions, and intellectual and political movements share struggles, experiences, and imaginaries. It will be of interest to all scholars and students of InterAmerican studies and those from all disciplines interested in Human Rights.

The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations

Author : Samantha Velluti
Publisher : Springer Nature
Page : 359 pages
File Size : 55,8 Mb
Release : 2020-10-12
Category : Law
ISBN : 9783030567484

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The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations by Samantha Velluti Pdf

This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU’s external trade relations, building on and stimulating further – the already well-engaged – scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.

Political Theory Without Borders

Author : Robert E. Goodin,James S. Fishkin
Publisher : John Wiley & Sons
Page : 3 pages
File Size : 44,9 Mb
Release : 2015-10-08
Category : Philosophy
ISBN : 9781119110118

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Political Theory Without Borders by Robert E. Goodin,James S. Fishkin Pdf

POLITICAL THEORY WITHOUT BORDERS Political theory has traditionally focused on governance within the confines of a specific polity, but with the recent proliferation of environmental realities and national decisions that have global repercussions, political theory must now be re-imagined to confront globalization head-on. Political Theory Without Borders presents a collection scholarship that does just that. Each chapter focuses on answering specific questions that have arisen from issues of global spillover – like climate change and pollution – and the increasingly unrestricted flow of people, products, and financial capital across borders. With contributions from emerging scholars alongside key texts from some of the most well-known theorists of previous generations, this collection illustrates how the classic concerns of political theory – justice and equality, liberty and oppression – have re-emerged with a renewed significance at the global level.