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Human Rights After Deleuze: Towards an An-archic Jurisprudence
by Christos MarnerosThis book examines the possibility of creating new ways of existing beyond human rights. Multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now. Having as its starting point the ferocious, yet brief, critique on human rights of one of the most prominent French philosophers of the 20th century, Gilles Deleuze, the book argues that Deleuze's critique is not only compatible with his broader thought but that it has the potential to give a new impetus to the current critiques of human rights, within the 'disciplinary borders' of legal and political theory. The book draws upon Deleuze's broader thought, but also radical legal and political theory and continental philosophy. In particular, it investigates and expands on two of Deleuze's most important notions, namely those of 'immanence' and 'becoming' and their relation to the philosopher's critique of human rights. In doing so, it argues that these two notions are capable of questioning the dominant and dogmatic position that human rights enjoy.
Human Rights After Deleuze: Towards an An-archic Jurisprudence
by Christos MarnerosThis book examines the possibility of creating new ways of existing beyond human rights. Multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now. Having as its starting point the ferocious, yet brief, critique on human rights of one of the most prominent French philosophers of the 20th century, Gilles Deleuze, the book argues that Deleuze's critique is not only compatible with his broader thought but that it has the potential to give a new impetus to the current critiques of human rights, within the 'disciplinary borders' of legal and political theory. The book draws upon Deleuze's broader thought, but also radical legal and political theory and continental philosophy. In particular, it investigates and expands on two of Deleuze's most important notions, namely those of 'immanence' and 'becoming' and their relation to the philosopher's critique of human rights. In doing so, it argues that these two notions are capable of questioning the dominant and dogmatic position that human rights enjoy.
Human Rights and 21st Century Challenges: Poverty, Conflict, and the Environment
by Dapo Akande, Jaakko Kuosmanen, Helen Mcdermott and Dominic RoserThe world is faced with significant and interrelated challenges in the 21st century which threaten human rights in a number of ways. This book examines three of the largest issues of the century - armed conflict, environment, and poverty - and examines how these may be addressed using a human rights framework. It considers how these challenges threaten human rights and reassesses our understanding of human rights in the light of these issues. This multidisciplinary text considers both foundational and applied questions such as the relationship between morality and the laws of war, as well as the application of the International Human Rights Framework in cyber space. Alongside analyses from some of the most prominent lawyers, philosophers, and political theorists in the debate, each section includes contributions by those who have served as Special Rapporteurs within the United Nations Human Rights System on the challenges facing international human rights laws today.
Human Rights and 21st Century Challenges: Poverty, Conflict, and the Environment
The world is faced with significant and interrelated challenges in the 21st century which threaten human rights in a number of ways. This book examines three of the largest issues of the century - armed conflict, environment, and poverty - and examines how these may be addressed using a human rights framework. It considers how these challenges threaten human rights and reassesses our understanding of human rights in the light of these issues. This multidisciplinary text considers both foundational and applied questions such as the relationship between morality and the laws of war, as well as the application of the International Human Rights Framework in cyber space. Alongside analyses from some of the most prominent lawyers, philosophers, and political theorists in the debate, each section includes contributions by those who have served as Special Rapporteurs within the United Nations Human Rights System on the challenges facing international human rights laws today.
Human Rights and Agents of Change in Iran: Towards a Theory of Change (Studies in Iranian Politics)
by Rebecca Barlow Shahram AkbarzadehThis volume extends debates on the interaction between universal human rights and the political experiences of Iranians, through a conceptual analysis of ‘theories of change’. It assesses the practical processes by which individuals, organizations and movements can reform or impact the structural, theological and political challenges faced in the Iranian context.Contributors to this volume investigate how structures, institutions, and agents in Iran maneuver for influence and power at the state level, through the law, in international corridors, at the grassroots, and by implementing multiple and complex methods. The chapters provide distinct but interrelated analysis of key drivers of change in Iran. A number of those operate primarily through top-down approaches, such as the political reform movement, lawyers pursuing legislative change, and international human rights monitoring bodies. Others take a bottom-up approach, including local movements and campaigns such as the women’s movement, the labor movement, the student movement, and ethnic minority groups.By prompting drivers of change to think about causation, influence, sequencing, prioritization, roles and relationships, a theory of change ultimately makes the work more effective. Through rigorous analysis of these issues for drivers of change in the Islamic State, this volume is an important contribution to human rights in Iran. In an era of escalating tensions in the Middle East, it amplifies voices of reform and freedom, filling a crucial gap in our understanding of this region.
Human Rights and Agents of Change in Iran: Towards a Theory of Change (Studies in Iranian Politics)
by Rebecca Barlow Shahram AkbarzadehThis volume extends debates on the interaction between universal human rights and the political experiences of Iranians, through a conceptual analysis of ‘theories of change’. It assesses the practical processes by which individuals, organizations and movements can reform or impact the structural, theological and political challenges faced in the Iranian context.Contributors to this volume investigate how structures, institutions, and agents in Iran maneuver for influence and power at the state level, through the law, in international corridors, at the grassroots, and by implementing multiple and complex methods. The chapters provide distinct but interrelated analysis of key drivers of change in Iran. A number of those operate primarily through top-down approaches, such as the political reform movement, lawyers pursuing legislative change, and international human rights monitoring bodies. Others take a bottom-up approach, including local movements and campaigns such as the women’s movement, the labor movement, the student movement, and ethnic minority groups.By prompting drivers of change to think about causation, influence, sequencing, prioritization, roles and relationships, a theory of change ultimately makes the work more effective. Through rigorous analysis of these issues for drivers of change in the Islamic State, this volume is an important contribution to human rights in Iran. In an era of escalating tensions in the Middle East, it amplifies voices of reform and freedom, filling a crucial gap in our understanding of this region.
Human Rights and America's War on Terror (Routledge Research in Human Rights Law)
by S. Juss SatvinderThis volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the ‘war on terror’ and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.
Human Rights and America's War on Terror (Routledge Research in Human Rights Law)
by Satvinder S. JussThis volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the ‘war on terror’ and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.
Human Rights and Charity Law: International Perspectives (Human Rights and International Law)
by Kerry O'HalloranThe 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights. The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.
Human Rights and Charity Law: International Perspectives (Human Rights and International Law)
by Kerry O'HalloranThe 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights. The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.
Human Rights and Civil Liberties in the 21st Century (Ius Gentium: Comparative Perspectives on Law and Justice #30)
by Yves Haeck Eva BremsThis volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states.
Human Rights and Climate Change: The Law on Loss and Damage (Routledge Studies in Human Rights)
by Linnéa NordlanderThis insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.
Human Rights and Climate Change: The Law on Loss and Damage (Routledge Studies in Human Rights)
by Linnéa NordlanderThis insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.
Human Rights And Common Good: Collected Essays Volume Iii
by John FinnisThis central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights ― a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution. The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume's previously unpublished papers include a foundational consideration of labour unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.
Human Rights and Common Good: Collected Essays Volume III (Collected Essays of John Finnis)
by John FinnisThis central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights — a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution. The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume's previously unpublished papers include a foundational consideration of labour unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.
Human Rights and Development: International Views (International Political Economy Series)
by David P. ForsytheThis collection of papers presents an argument in support of action for human rights in the Third World, emphasizing not economic or historical determinism but rather the importance of political choice by elites in deciding which rights to violate or respect.
Human Rights and Development in International Law (Human Rights and International Law)
by Tahmina KarimovaThis book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.
Human Rights and Development in International Law (Human Rights and International Law)
by Tahmina KarimovaThis book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.
Human Rights and Digital Technology: Digital Tightrope
by Claudia Roda Susan PerryAnalysing the convergence of law and regulation with rapidly evolving communications technologies, this interdisciplinary work navigates the intricate balancing act between human rights protection and technological innovation in a digital age, and illuminates the comprehensive potential of human rights to frame our intelligent use of technology. The authors address such pressing questions as how to protect user privacy online, whether digital pollution is a health hazard, who should have control and be responsible for data technologies and how to maintain human autonomy in a world of interconnected objects. By considering specific cases, this book provides an in-depth exploration of the many regulatory and technological choices citizens, states, civil society organizations and the private sector should consider to ensure that digital technology more fully serves human needs.
Human Rights and Disability: Interdisciplinary Perspectives
by John-Stewart Gordon Johann-Christian Põder Holger BurckhartThe formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate.
Human Rights and Disability: Interdisciplinary Perspectives
by John-Stewart Gordon Johann-Christian Põder Holger BurckhartThe formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate.
Human Rights and Disasters: The Role of Positive Obligations in Enhancing Protection
by Silvia VenierHuman Rights and Disasters provides a comprehensive analysis of the positive obligations of States under human rights law and their potential to improve protection against disasters. The book examines the practice of international and regional human rights supervising authorities to identify emerging positive obligations and recommendations and investigates how such duties interact with other applicable norms of international law in different disaster settings.Exploring the relevance of duties to act for all phases of the emergency management cycle, the book analyses how these can be applied to specific types of disasters, focusing on extreme weather events, epidemic outbreaks, and nuclear accidents. Through in-depth analysis of various case studies, the book presents a compelling argument for the importance of a human rights-based approach to disaster management.Contributing to different areas of research, including those related to the interplay of human rights and disasters, this book will be an essential resource for students and scholars in the fields of disaster risk reduction, global public health, and public international law. It will also be beneficial to non-governmental organisations, policymakers, and practitioners working to improve the protection of vulnerable populations from the devastating impacts of disasters.
Human Rights and Drug Control: A New Perspective
by Melissa L. BoneThis book uses a human rights perspective – developed philosophically, politically and legally – to change the way in which we think about drug control issues. The prohibitionist approach towards tackling the ‘drugs problem’ is not working. The laws and mentality that see drugs as the problem and tries to fight them, makes the ‘drugs problem’ worse. While the law is the best-placed mechanism to regulate our actions in relation to particular drugs, this book argues against the stranglehold of the criminal law, and instead presents a human rights perspective to change the way we think about drug control issues. Part I develops a conceptual framework for human rights in the context of drug control – philosophically, politically and legally – and applies this to the domestic (UK) and international drug control system. Part II focuses on case law to illustrate both the potential and the limitations of successfully applying this unique perspective in practice. The conclusion points towards a bottom-up process for drug policy which is capable of reconfiguring the mentality of prohibition. This book will be of interest to students and scholars of human rights, criminal law, criminology, politics and socio-legal studies.
Human Rights and Drug Control: A New Perspective
by Melissa L. BoneThis book uses a human rights perspective – developed philosophically, politically and legally – to change the way in which we think about drug control issues. The prohibitionist approach towards tackling the ‘drugs problem’ is not working. The laws and mentality that see drugs as the problem and tries to fight them, makes the ‘drugs problem’ worse. While the law is the best-placed mechanism to regulate our actions in relation to particular drugs, this book argues against the stranglehold of the criminal law, and instead presents a human rights perspective to change the way we think about drug control issues. Part I develops a conceptual framework for human rights in the context of drug control – philosophically, politically and legally – and applies this to the domestic (UK) and international drug control system. Part II focuses on case law to illustrate both the potential and the limitations of successfully applying this unique perspective in practice. The conclusion points towards a bottom-up process for drug policy which is capable of reconfiguring the mentality of prohibition. This book will be of interest to students and scholars of human rights, criminal law, criminology, politics and socio-legal studies.
Human Rights and Drug Control: The False Dichotomy (Studies in International Law)
by Saul TakahashiIt has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more 'rights respecting' approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion – more and more clearly stated – that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right. There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a 'back door' legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.