Human Rights and Humanitarian Intervention

Human Rights and Humanitarian Intervention

Adopting a methodology of Institutional Ethnography informed by Actor-Network Theory, this book traces the practices of law and expertise from global IGO headquarters to the 'field' and back again, and through various contemporary field ...

Author: Elizabeth M. Bruch

Publisher:

ISBN: 1138477729

Category: Electronic books

Page: 176

View: 421

Adopting a methodology of Institutional Ethnography informed by Actor-Network Theory, this book traces the practices of law and expertise from global IGO headquarters to the 'field' and back again, and through various contemporary field missions from Bosnia to Afghanistan and East Timor to Sierra Leone. Tries to respond to questions about: How is human rights law engaged in 'establishing the peace, ' 'rebuilding the nation, ' and 'restoring the rule of law' in post-conflict situations? How do human rights experts use law in their everyday work in the context of humanitarian intervention? How are law and expertise established, sustained and transformed in the field?
Categories: Electronic books

Human Rights

Human Rights

Human Rights: Politics and Practice is an introduction to human rights that goes beyond a purely legal perspective to look at theoretical issues and practical approaches.

Author: Michael Goodhart

Publisher: Oxford University Press

ISBN: 9780199608287

Category: Political Science

Page: 514

View: 347

Human Rights: Politics and Practice is an introduction to human rights that goes beyond a purely legal perspective to look at theoretical issues and practical approaches. Bringing together leading experts, it is up to date with cutting edge research in a constantly evolving field.
Categories: Political Science

Humanitarianism and Human Rights

Humanitarianism and Human Rights

Explores the fluctuating relationship between human rights and humanitarianism and the changing nature of the politics and practices of humanity.

Author: Michael N. Barnett

Publisher: Cambridge University Press

ISBN: 9781108836791

Category: History

Page: 353

View: 592

Explores the fluctuating relationship between human rights and humanitarianism and the changing nature of the politics and practices of humanity.
Categories: History

Human Rights and Humanitarian Intervention

Human Rights and Humanitarian Intervention

Michael O'Flaherty, ed., The Human Rights Field Operation: Law, Theory and Practice (Farnham: Ashgate Publishing Limited, 2007). ... Anne Orford, Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law ...

Author: Elizabeth M. Bruch

Publisher: Routledge

ISBN: 9781317274957

Category: Political Science

Page: 192

View: 458

Human rights, peacekeeping, and humanitarian intervention have emerged in the past decades as important components of international law and practice. Adopting a methodology of Institutional Ethnography informed by Actor-Network Theory, this book traces the practices of law and expertise from global IGO headquarters to the ‘field’ and back again, and through various contemporary field missions from Bosnia to Afghanistan and East Timor to Sierra Leone. It answers several fundamental questions: How is human rights law engaged in ‘establishing the peace,’ ‘rebuilding the nation,’ and ‘restoring the rule of law’ in post-conflict situations? How do human rights experts use law in their everyday work in the context of humanitarian intervention? How are law and expertise established, sustained and transformed in the field? Offering a complex and nuanced explanation of humanitarian intervention based upon a multi-dimensional understanding of law and power, this book will be of interest and use to scholars, students and practitioners in international law and policy, human rights, and humanitarian intervention. Its cross-disciplinary approach should also appeal to the professional communities engaged directly and indirectly with projects of humanitarian intervention – including staff at inter-governmental organizations, international lawyers and practitioners, and activists.
Categories: Political Science

Protecting Human Rights

Protecting Human Rights

Do we live in an age of rights after all? In Protecting Human Rights, Todd Landman provides a unique quantitative analysis of the marked gap between the principle and practice of human rights.

Author: Todd Landman

Publisher: Georgetown University Press

ISBN: 1589013980

Category: Political Science

Page: 252

View: 695

Ours has been called a global "age of rights," an era in which respect for human rights is considered the highest aspiration of the international democratic community. Since the United Nation's 1948 Universal Declaration of Human Rights, a wide variety of protections—civil, political, economic, social, and cultural—have been given legal validation as countries ratify treaties, participate in intergovernmental organizations, and establish human rights tribunals and truth and reconciliation commissions. Yet notable human rights failures have marred the post-Declaration era, including ongoing state violence toward citizens, the selectivity of humanitarian intervention (evidenced by the international community's failure to respond in Rwanda), and recent legislation in advanced democracies that trades some rights for protection against the threat of terrorism. How are we to reconcile the language of rights with the reality? Do we live in an age of rights after all? In Protecting Human Rights, Todd Landman provides a unique quantitative analysis of the marked gap between the principle and practice of human rights. Applying theories and methods from the fields of international law, international relations, and comparative politics, Landman examines data from 193 countries over 25 years (1976-2000) to assess the growth of the international human rights regime, the effect of law on actual protection, and global variation in human rights norms. Landman contends that human rights foreign policy remains based more on geo-strategic interest than moral internationalism. He argues that the influence human rights ideals have begun to have on states cannot be separated from the broader impact of socioeconomic changes that swept the globe in the late twentieth century. Landman concludes that international law alone will not suffice to fully protect human rights—it must be accompanied by democratic government, effective conflict resolution, and just economic systems.
Categories: Political Science

Promoting Peace Through International Law

Promoting Peace Through International Law

Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East.

Author: Cecilia Marcela Bailliet

Publisher: OUP Oxford

ISBN: 9780191034305

Category: Law

Page: 480

View: 242

Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.
Categories: Law

Globalization and Law

Globalization and Law

The book looks at these interactions at the micro level where globalized law can be seen in action, from the politics of oil and human rights in Nigeria to the current war in Iraq and the claim of a just war fought for human rights.

Author: Adam Gearey

Publisher: Rowman & Littlefield

ISBN: 0742538036

Category: Law

Page: 164

View: 846

Globalized law brings together disparate strands of study including international political economy, human rights law, and the law of war. Globalization and Law examines international institutions including the WTO, the World Bank, and the IMF and shows how they are linked to the politics of world markets and the politics of war. The book looks at these interactions at the micro level where globalized law can be seen in action, from the politics of oil and human rights in Nigeria to the current war in Iraq and the claim of a just war fought for human rights. Looking at the fate of people worldwide in the context of trends in economic development, the exploitation of human rights regimes, and supposedly humanitarian interventions, we see that many are unhomed by the forces of globalization. Whose humanity lies behind the claims to human rights? Whose interests are best served by the market? Can we ever go home again?
Categories: Law

The Responsibility to Protect in International Law

The Responsibility to Protect in International Law

This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect.

Author: Susan Breau

Publisher: Routledge

ISBN: 9781317569596

Category: Law

Page: 350

View: 195

This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.
Categories: Law

The Philosophy of International Law

The Philosophy of International Law

This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence.

Author: Samantha Besson

Publisher: OUP Oxford

ISBN: 9780191613531

Category: Philosophy

Page: 632

View: 159

International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays tackle general topics such as the sources and legitimacy of international law, the nature of international legal adjudication, whether international law can or should aspire to be 'democratic', and the significance of state sovereignty. The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, international criminal law, international environmental law, and the laws of war. This volume is the most up-to-date and comprehensive treatment of the philosophy of international law in existence. It is also distinguished by its 'dialogical' methodology: there are two essays on each topic, with the second author engaging with the arguments of the first. It is an invaluable resource for anyone seeking a deeper understanding of the nature and value of international law.
Categories: Philosophy

The Political Sociology of Human Rights

The Political Sociology of Human Rights

A sociological approach to human rights, showing how rights language is used to address structural injustices around the world.

Author: Kate Nash

Publisher: Cambridge University Press

ISBN: 9780521197496

Category: Political Science

Page: 235

View: 317

A sociological approach to human rights, showing how rights language is used to address structural injustices around the world.
Categories: Political Science