The End of Human Rights

Critical Thought at the Turn of the Century

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Author: Costas Douzinas

Publisher: Bloomsbury Publishing

ISBN: 1847316794

Category: Law

Page: 408

View: 3584

The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.

Human Rights and the End of Empire

Britain and the Genesis of the European Convention

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Author: Alfred William Brian Simpson

Publisher: Oxford University Press on Demand

ISBN: 9780199267897

Category: Political Science

Page: 1161

View: 7939

The European Convention on Human Rights, which came into force in 1953 after signature, in 1950, established the most effective system for the international protection of human rights which has yet conme into existence anywhere in the world. Since the collapse of communism it has come to be extended to the countries of central and eastern Europe, and some seven hundred million people now, at least in principle, live under its protection. It remains far and away the most significant achievement of the Council of Europe, which was established in 1949, and was the first product of the postwar movement for European integration. It has now at last been incorporated into British domestic law. Nothing remotely resembling the surrender of sovereignty required by accession to the Convention had ever previously been accepted by governments. There exists no published account which relates the signature and ratification of the Convention to the political history of the period, or which gives an account of the processes of negotiation which produced it. This book, which is based on extensive use of archival material, therefore breaks entirely new ground. The British government, working through the Foreign Office, played a central role in the postwar human rights movement, first of all in the United Nations, and then in the Council of Europe; the context in which the negotiations took place was affected both by the cold war and by conflicts with the anti-colonial movement, aswell as by serious conflicts within the British governmental machine. The book tells the story of the Convention up to 1966, the date at which British finally accepted the right of individual petition and the jurisdiction of the Strasbourg Court of Human Rights. It explores in detail the significance of the Convention for Britain as a major colonial power in the declining years of Empire, and provides the first full account of the first cases brought under the Convention, which were initiatedby Greece against Britain over the insurrection in Cyprus in the 1950s. It also provides the first account based on archival materials of the use of the Convention in the independence constitutions of colonial territories.

The Endtimes of Human Rights

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Author: Stephen Hopgood

Publisher: Cornell University Press

ISBN: 0801469309

Category: Political Science

Page: 272

View: 3917

"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.

Business and Human Rights

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Author: Cesar Rodriguez-Garavito

Publisher: Cambridge University Press

ISBN: 1107175291

Category: Law

Page: 300

View: 8269

The regulation of business in the global economy poses one of the main challenges for governance, as illustrated by the dynamic scholarly and policy debates about the UN Guiding Principles on Business and Human Rights and a possible international treaty on the matter. This book takes on the conceptual and legal underpinnings of global governance approaches to business and human rights, with an emphasis on the Guiding Principles (GPs) and attention to the current treaty process. Analyses of the GPs have tended to focus on their static dimension, such as the standards they include, rather than on their capacity to change, to push the development of new norms, and practices that might go beyond the initial content of the GPs and improve corporate compliance with human rights. This book engages both the static and dynamic dimensions of the GPs, and considers the issue through the eyes of scholars and practitioners from different parts of the world.

Human Rights Activism and the End of the Cold War

A Transnational History of the Helsinki Network

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Author: Sarah B. Snyder

Publisher: Cambridge University Press

ISBN: 1139498924

Category: Political Science

Page: N.A

View: 8968

Two of the most pressing questions facing international historians today are how and why the Cold War ended. Human Rights Activism and the End of the Cold War explores how, in the aftermath of the signing of the Helsinki Final Act in 1975, a transnational network of activists committed to human rights in the Soviet Union and Eastern Europe made the topic a central element in East-West diplomacy. As a result, human rights eventually became an important element of Cold War diplomacy and a central component of détente. Sarah B. Snyder demonstrates how this network influenced both Western and Eastern governments to pursue policies that fostered the rise of organized dissent in Eastern Europe, freedom of movement for East Germans and improved human rights practices in the Soviet Union - all factors in the end of the Cold War.

State Terrorism and Human Rights

International Responses since the End of the Cold War

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Author: Gillian Duncan,Orla Lynch,Gilbert Ramsay,Alison M.S. Watson

Publisher: Routledge

ISBN: 1136679677

Category: Political Science

Page: 182

View: 5646

This book aims to improve understanding of the broad trends in the utilisation of political violence by examining the use of state terror in world politics. The ending of the Cold War and the overthrow of communism in Eastern Europe led many to assume that this presaged the demise of the one-party terror regime and acceptance of Western concepts of democracy, freedom and human rights throughout the international system. But of course this did not end state terror. The totalitarian one-party state still exists in North Korea and China, and there are numerous military regimes and other forms of dictatorship where the use of terror techniques for internal control is routine. The late Professor Paul Wilkinson conceived and began this project with the intention of analysing the major types of international response to state terror, as well as their outcomes and their wider implications for the future of international relations. In keeping with this original premise, the contributors explore the history of terrorism, as well as reflecting on the need for international cooperation based on the protection of civilians and a consistent approach to intervention in conflict situations. This book will be of much interest to students of terrorism studies, political violence, human rights, genocide, and IR in general.

The End Of Multiculturalism? Terrorism, Integration And Human Rights

Terrorism, Integration and Human Rights

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Author: McGhee, Derek

Publisher: McGraw-Hill Education (UK)

ISBN: 0335223923

Category: Social Science

Page: 198

View: 8551

Offers an examination of debates on multiculturalism, in the context of discussions on security, integration and human rights. This book explores the nature of a range of inter-related areas of public policy, including anti-terrorism, immigration, integration, community cohesion, equality and human rights, examining the Government's strategies.

Human Rights, Perestroika, and the End of the Cold War

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Author: A. L. Adamishin,Richard Schifter

Publisher: United States Inst of Peace Press

ISBN: N.A

Category: History

Page: 297

View: 5052

A diplomatic memoir unlike any other, this volume takes the reader behind the scenes on both sides of the Cold War as two men form an unlikely partnership to help transform Soviet-American relations. When U.S. assistant secretary of state Richard Schifter first met Soviet deputy foreign minister Anatoly Adamishin to discuss human rights, the Reagan administration was still skeptical of Gorbachev's reformist credentials. But skepticism soon gave way not just to belief but to active support. Like their immediate superiors George Shultz and Eduard Shevardnadze, Schifter and Adamishin became partners in the process of rapprochement. Together, they helped free political prisoners, spur Jewish emigration, support perestroika against its domestic enemies, and contribute to the mutual trust that allowed the Cold War to end swiftly and peacefully. Each chapter consists of two parts, one by each author, that offer complementary perspectives on the same events. The result is a volume that reveals much about the policymaking process during a historic era and exemplifies the power of diplomatic negotiation. It also argues provocatively that once the Cold War had ended, U.S. assistance to the Soviet Union could have helped prevent Gorbachev's fall from power, which ultimately damaged the democratic cause in Russia.

Brutality in an Age of Human Rights

Activism and Counterinsurgency at the End of the British Empire

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Author: Brian Drohan

Publisher: Cornell University Press

ISBN: 1501714678

Category: History

Page: 256

View: 5766

Introduction : counterinsurgency and human rights in the post-1945 world -- A lawyers' war : emergency legislation and the Cyprus Bar Council -- The shadow of Strasbourg : international advocacy and Britain's response -- Hunger war : humanitarian rights and the Radfan campaign -- This unhappy affair : investigating torture in Aden -- A more talkative place : Northern Ireland

Human Rights and Empire

The Political Philosophy of Cosmopolitanism

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Author: Costas Douzinas

Publisher: Routledge

ISBN: 1134090064

Category: Law

Page: 336

View: 1346

Erudite and timely, this book is a key contribution to the renewal of radical theory and politics. Addressing the paradox of a contemporary humanitarianism that has abandoned politics in favour of combating evil, Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions. Asking whether there ‘is an intrinsic relationship between human rights and the recent wars carried out in their name?’ and whether ‘human rights are a barrier against domination and oppression or the ideological gloss of an emerging empire?’ this book examines a range of topics, including: the normative characteristics, political philosophy and metaphysical foundations of our age the subjective and institutional aspects of human rights and their involvement in the creation of identity and definition of the meaning and powers of humanity the use of human rights as a justification for a new configuration of political, economic and military power. Exploring the legacy and the contemporary role of human rights, this topical and incisive book is a must for all those interested in human rights law, jurisprudence and philosophy of law, political philosophy and political theory.

Human Rights in the Twentieth Century

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Author: Stefan-Ludwig Hoffmann

Publisher: Cambridge University Press

ISBN: 1139494104

Category: History

Page: N.A

View: 7041

Has there always been an inalienable 'right to have rights' as part of the human condition, as Hannah Arendt famously argued? The contributions to this volume examine how human rights came to define the bounds of universal morality in the course of the political crises and conflicts of the twentieth century. Although human rights are often viewed as a self-evident outcome of this history, the essays collected here make clear that human rights are a relatively recent invention that emerged in contingent and contradictory ways. Focusing on specific instances of their assertion or violation during the past century, this volume analyzes the place of human rights in various arenas of global politics, providing an alternative framework for understanding the political and legal dilemmas that these conflicts presented. In doing so, this volume captures the state of the art in a field that historians have only recently begun to explore.

A World Made New

Eleanor Roosevelt and the Universal Declaration of Human Rights

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Author: Mary Ann Glendon

Publisher: Random House

ISBN: 9780375506925

Category: History

Page: 368

View: 2671

A World Made New tells the dramatic story of the struggle to build, out of the trauma and wreckage of World War II, a document that would ensure it would never happen again. There was an almost religious intensity to the project, championed by Eleanor Roosevelt under the aegis of the newly formed United nations and brought into being by an extraordinary group of men and women who knew, like the framers of the Declaration of Independence, that they were making history. They worked against the clock, the brief window between the end of World War II and the deep freeze of the cold war, to forget the founding document of the modern rights movement. A distinguished professor of international law, Mary Ann Glendon was given exclusive access to personal diaries and unpublished memoirs of key participants. An outstanding work of narrative history, A World Made New is the first book devoted to this crucial moment in Eleanor Roosevelt's life and in world history.

Business and Human Rights

From Principles to Practice

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Author: Dorothée Baumann-Pauly,Justine Nolan

Publisher: Routledge

ISBN: 1317563921

Category: Law

Page: 349

View: 7001

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights industry-specific human rights standards current mechanisms to hold corporations to account future challenges for business and human rights With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.

Debating Human Rights in China

A Conceptual and Political History

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Author: Marina Svensson

Publisher: Rowman & Littlefield

ISBN: 9780742516977

Category: History

Page: 389

View: 4891

Drawing on little-known sources, Marina Svensson argues that the concept of human rights was invoked by the Chinese people well before the adoption of the Universal Declaration of Human Rights in 1948, and it has continued to have strong appeal after 1949, both in Taiwan and on the mainland. These largely forgotten debates provide important perspectives on and contrasts to the official PRC line. The author gives particular attention to the issues of power and agency in describing the widely divergent views of official spokespersons, establishment intellectuals and dissidents. Until recently the PRC dismissed human rights as a bourgeois slogan, yet the globalization of human rights and the growing importance of the issue in bilateral and multilateral relations has grown. Thus, the regime has been forced to embrace, or rather appropriate, the language of human rights, an appropriation that continues to be vigorously challenged by dissidents at home and abroad.

The International Human Rights Movement

A History

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Author: Aryeh Neier

Publisher: Princeton University Press

ISBN: 0691135150

Category: History

Page: 379

View: 6947

"Aryeh Neier's insightful account of the human rights movement underlines the crucial role played by individuals and human rights defenders in speaking out against abuses. This book describes many of the human rights challenges that remain and is essential reading for all those wishing to understand the political challenges of our times."--Kofi Annan, former secretary-general of the United Nations (1997--2006) "Human rights has become a global movement. Aryeh Neier was present at the creation of it, so nobody is better qualified to tell the story of its ongoing and epochal fight against brutality and injustice. We can all be grateful for Neier's life of activism and we can be thankful he has reflected on it with such insight."--Michael Ignatieff, University of Toronto and former leader of the Liberal Party of Canada "Aryeh Neier has done more than anyone else to shape the values and practices of the modern human rights movement. His decades of experience give him a unique perspective to describe the key events and decisions that shaped the movement, to detail its major successes, and to outline the steps that must now be taken to meet the challenges ahead."--Kenneth Roth, executive director, Human Rights Watch "With the intimate knowledge--and authority--of one who has been at the center of the international human rights movement for more than three decades, Aryeh Neier captures the movement's uneven but steady rise to the top of the agenda of the world community. The significant transformations chronicled here, and the struggles of the brave men and women around the world that made these changes possible, form a road map for the enormous challenges that still lie ahead."--Juan E. Mendez, UN special rapporteur on torture and coauthor of Taking a Stand: The Evolution of Human Rights "This is a valuable, lucid, and timely account of the international human rights movement. Neier has the unique authority to guide the public's understanding of this complex landscape, and his book is full of information, vision, and wisdom."--Andrew J. Nathan, Columbia University

The Twilight of Human Rights Law

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Author: Eric Posner

Publisher: Oxford University Press

ISBN: 0199313466

Category: Political Science

Page: 224

View: 5344

Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

The End of Sex and the Future of Human Reproduction

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Author: Henry T. Greely

Publisher: Harvard University Press

ISBN: 0674728963

Category: Law

Page: 381

View: 9215

Within twenty, maybe forty, years most people in developed countries will stop having sex for the purpose of reproduction. Instead, prospective parents will be told as much as they wish to know about the genetic makeup of dozens of embryos, and they will pick one or two for implantation, gestation, and birth. And it will be safe, lawful, and free. In this work of prophetic scholarship, Henry T. Greely explains the revolutionary biological technologies that make this future a seeming inevitability and sets out the deep ethical and legal challenges humanity faces as a result. “Readers looking for a more in-depth analysis of human genome modifications and reproductive technologies and their legal and ethical implications should strongly consider picking up Greely’s The End of Sex and the Future of Human Reproduction...[It has] the potential to empower readers to make informed decisions about the implementation of advancements in genetics technologies.” —Dov Greenbaum, Science “[Greely] provides an extraordinarily sophisticated analysis of the practical, political, legal, and ethical implications of the new world of human reproduction. His book is a model of highly informed, rigorous, thought-provoking speculation about an immensely important topic.” —Glenn C. Altschuler, Psychology Today

The Last Utopia

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Author: Samuel Moyn

Publisher: Harvard University Press

ISBN: 0674058542

Category: History

Page: 352

View: 4199

Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future.

The Making of International Human Rights

The 1960s, Decolonization, and the Reconstruction of Global Values

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Author: Steven L. B. Jensen

Publisher: Cambridge University Press

ISBN: 1316531309

Category: Political Science

Page: N.A

View: 4665

This book fundamentally reinterprets the history of international human rights in the post-1945 era by documenting how pivotal the Global South was for their breakthrough. In stark contrast to other contemporary human rights historians who have focused almost exclusively on the 1940s and the 1970s - heavily privileging Western agency - Steven L. B. Jensen convincingly argues that it was in the 1960s that universal human rights had their breakthrough. This is a ground-breaking work that places race and religion at the center of these developments and focuses on a core group of states who led the human rights breakthrough, namely Jamaica, Liberia, Ghana, and the Philippines. They transformed the norms upon which the international community today is built. Their efforts in the 1960s post-colonial moment laid the foundation - in profound and surprising ways - for the so-called human rights revolution in the 1970s, when Western activists and states began to embrace human rights.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

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Author: United Nations

Publisher: Aegitas

ISBN: 5000641191

Category: Law

Page: 8

View: 6209

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948 at Palais de Chaillot, Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled.