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Governing Through Rights

Author: Bal Sokhi-Bulley
Publisher: Bloomsbury Publishing
ISBN: 1509903836
Size: 39.83 MB
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Taking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques ? hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.

Human Rights And Climate Change

Author: Siobhan Mcinerney-Lankford
Publisher: World Bank Publications
ISBN: 0821387235
Size: 27.20 MB
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This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.

Defamation Via Satellite

Author: David I. Fisher
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105363
Size: 14.86 MB
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Satellites enable European broadcasters to televise programs to vast transnational audiences. This activity is supported by a regime of freedom of transborder broadcasting under EC law, European human rights law and other areas of public international law. The program contents of broadcasts will on occasion give rise to claims of injury to private law interests, including the interest in reputation. The defamation laws of Europe's nations are however by no means uniform: the same transmission may give rise to liability under one national system but to no liability under another. The material outcome of a given claim will thus rest on the existing regime of private international law applied by Europe's national courts, including rules governing forum, choice of law and foreign judgments. It is against the above background of private international law that "Defamation via Satellite" examines Europe's prospects of realizing the public international law regime of free transborder broadcasting.

Workers Rights As Human Rights

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 9780801472626
Size: 74.84 MB
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Until recently, the international human rights movement and nongovernmental organizations, human rights scholars, and even labor organizations and advocates have given little attention to worker rights as human rights. James A. Gross finds, however, that employers, not just governments, have the power to violate workers' rights. Workers' Rights as Human Rights provides a new perspective on the assessment of U.S. labor relations law by using human rights principles as standards for judgment. The authors also present innovative recommendations for what should and can be done to bring U.S. labor law into conformity with international human rights standards. This volume constitutes a long overdue beginning toward the promotion and protection of worker rights as human rights in the United States.

Water Is Life

Author: Hellum, Anne
Publisher: Weaver Press
ISBN: 1779222637
Size: 75.61 MB
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This book approached water and sanitation as an African gender and human rights issue. Empirical case studies from Kenya, Malawi, South Africa and Zimbabwe show how coexisting international, national and local regulations of water and sanitation respond to the ways in which different groups of rural and urban women gain access to water for personal, domestic and livelihood purposes. The authors, who are lawyers, sociologists, political scientists and anthropologists, explore how women cope in contexts where they lack secure rights, and participation in water governance institutions, formal and informal. The research shows how women - as producers of family food - rely on water from multiple sources that are governed by community based norms and institutions which recognise the right to water for livelihood. How these ‘common pool water resources’ - due to protection gaps in both international and national law - are threatened by large-scale development and commercialisation initiatives, facilitated through national permit systems, is a key concern. The studies demonstrate that existing water governance structures lack mechanisms which make them accountable to poor and vulnerable water users on the ground, most importantly women. The findings thus underscore the need to intensify measures to hold states accountable, not just in water services provision, but in assuring the basic human right to clean drinking water and sanitation; and also to protect water for livelihoods.

Universal Human Rights And Extraterritorial Obligations

Author: Mark Gibney
Publisher: University of Pennsylvania Press
ISBN: 9780812204841
Size: 20.42 MB
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Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

Transnational Governance

Author: Scott Mann
Publisher: Routledge
ISBN: 1317006844
Size: 15.88 MB
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As globalization continues to spread and evolve, so nation-states attempt to govern financialization, tax evasion, corruption, terrorism, civil and military conflicts and environmental dangers, social polarization and the complexities in human rights implementation, by institutional and transnational means. This volume discusses these issues from different legal perspectives and highlights the challenges of governing human activity in an age of remarkable interconnectedness. Covering a broad range of policy areas and analysis of emerging forms of governance from liberal to critical and Marxist, the chapters are legal in their approach and form an important contribution to the growing study of emergent forms of authority, coordination and power developing in response to the challenges presented by some of the key contemporary governance issues in the first half of the twenty-first century.

The Role Of National Human Rights Institutions At The International And Regional Levels

Author: Rachel Murray
Publisher: Hart Pub Limited
Size: 32.95 MB
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National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established; some by constitution, some by legislation and some by decree. These NHRIs have varying functions, usually both promotional and protective, such as giving advice to government, parliament, and others, making recommendations on compliance with human rights standards, awareness raising, and analysis of law and policy. Despite the considerable variations in the method of their creation, powers and composition, most of these institutions have chosen or indeed been mandated, to become involved in international and regional fora. This book examines these institutions in the African region, the way in which they use the international and regional fora, the effectiveness of their contributions and how they are able to participate.

The Accountability Of Armed Groups Under Human Rights Law

Author: Katharine Fortin
Publisher: Oxford University Press
ISBN: 0192536079
Size: 12.43 MB
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Today the majority of the armed conflicts around the world are fought between States and armed groups, rather than between States. This changed conflict landscape creates an imperative to clarify the obligations of armed groups under international law. While it is generally accepted that armed groups are bound by international humanitarian law, the question of whether they are also bound by human rights law is controversial. This book brings significant new understanding to the question of whether and when armed groups might be bound by human rights law. Its conclusions will benefit international law academics, legal practitioners, and political scientists and anthropologists working on issues related to rebel governance and civil wars. This book addresses the debate on this topic by employing a theoretical, historical, and comparative analysis that spans international humanitarian law, international criminal law, and international human rights law. Embedding these different perspectives in public international law, this book brings several key points of clarification to the legal framework. Firstly, the book draws upon social science literature on armed conflict to present a new viewpoint on the role that human rights law plays vis-à-vis international humanitarian law in non-international armed conflicts. Secondly, the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. It brings illumination to these topics by combining historical and comparative research on belligerency, insurgency, and international humanitarian law with a theoretical analysis of legal personality under international law. In the final part of the book, the author tests the four most utilised theories of how armed groups are bound by human rights law, examining whether armed groups can be bound by virtue of (i) treaty law (ii) control of territory (iii) international criminal law and (iv) customary international law. In the book's conclusions, the author presents final remarks that are designed to provide concrete guidance on how the issue of armed groups and human rights law can be dealt with more thoroughly in practice.