Governing (Through) Rights

Author: Bal Sokhi-Bulley

Publisher: Bloomsbury Publishing

ISBN: 1509903844

Category: Law

Page: 184

View: 5390

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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.

Governing (Through) Rights

Author: Bal Sokhi-Bulley

Publisher: Bloomsbury Publishing

ISBN: 1509903844

Category: Law

Page: 184

View: 9305

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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.

Surrogacy, Law and Human Rights

Author: Paula Gerber,Katie O'Byrne

Publisher: Routledge

ISBN: 1317048210

Category: Medical

Page: 238

View: 7920

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Surrogacy presents particularly complex questions for human rights law and theory. This book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. The work presents critical analysis of the current regulation of surrogacy via domestic law in Australia, India and the USA, and international law in the form of the UN Convention on the Rights of the Child. Including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. This in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. The book will be of great importance to human rights and legal scholars, and well as practitioners in this field.

Gender Equality in Law

Uncovering the Legacies of Czech State Socialism

Author: Barbara Havelková

Publisher: Bloomsbury Publishing

ISBN: 1509905847

Category: Law

Page: 368

View: 4921

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"In Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, Barbara Havelková offers a sober and sophisticated socio-legal account of gender equality law in Czechia. Tracing gender equality norms from their origins under state socialism, Havelková shows how the dominant understanding of the differences between women and men as natural and innate combined with a post-socialist understanding of rights as freedom to shape the views of key Czech legal actors and to thwart the transformative potential of EU sex discrimination law. Havelková's compelling feminist legal genealogy of gender equality in Czechia illuminates the path dependency of gender norms and the antipathy to substantive gender equality that is common among the formerly state-socialist countries of Central and Eastern Europe. Her deft analysis of the relationship between gender and legal norms is especially relevant today as the legitimacy of gender equality laws is increasingly precarious." Professor Judy Fudge, Kent Law School Gender equality law in Czechia, as in other parts of post-socialist Central and Eastern Europe, is facing serious challenges. When obliged to adopt, interpret and apply anti-discrimination law as a condition of membership of the EU, Czech legislators and judges have repeatedly expressed hostility and demonstrated a fundamental lack of understanding of key ideas underpinning it. This important new study explores this scepticism to gender equality law, examining it with reference to legal and socio-legal developments that started in the state-socialist past and that remain relevant today. The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the 'natural social order'. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.

Water is Life

Women's human rights in national and local water governance in Southern and Eastern Africa

Author: Hellum, Anne,Kameri-Mbote, Patricia

Publisher: Weaver Press

ISBN: 1779222637

Category: Political Science

Page: 640

View: 6622

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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.

Research Methodologies in EU and International Law

Author: Tamara Hervey,Robert Cryer,Bal Sokhi-Bulley,Alexandra Bohm

Publisher: Bloomsbury Publishing

ISBN: 1847316417

Category: Law

Page: 144

View: 9886

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Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law. The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference. The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.

Human Rights in Labor and Employment Relations

International and Domestic Perspectives

Author: James A. Gross,Lance A. Compa

Publisher: Cornell University Press

ISBN: 9780913447987

Category: Political Science

Page: 237

View: 2353

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The concept of human rights at work has advanced significantly in the last decade. The authors of the essays in Human Rights in Labor and Employment Relations focus in various ways on how the promotion and protection of human rights at workplaces here and around the world posit a new set of values and approaches that challenge every orthodoxy in the employment relations field, every practice and rule based in that orthodoxy, and even the underlying premises and intellectual foundations of contemporary labor and employment systems. The authors constitute a diverse and accomplished group of human rights activists, practitioners, and scholars. Implementing the theme of the volume, they address a wide range of important subjects: worker health and safety, child labor, worker freedom of association, migrant and forced labor, the human rights obligations of employers, workplace discrimination, and workers with disabilities. The authors also discuss the implications of their findings for labor and employment research and, where relevant, make pragmatic proposals for change. Contributors: Susanne M. Bruyére, Cornell University; Lance Compa, Cornell University; James A. Gross, Cornell University; Jeffrey Hilgert, Cornell University; Barbara Murray, International Labour Organization; Tonia Novitz, University of Bristol; Maria L. Ontiveros, University of San Francisco Law School; Edward E. Potter, Director of Global Workplace Rights, Coca-Cola Company and U.S. Employer Delegate, International Labour Organization Conference; Marika McCauley Sine, Global Stakeholder Engagement Manager, Coca-Cola Company; Rebecca Smith, National Employment Law Project; Burns H. Weston, University of Iowa

Property and Human Rights in a Global Context

Author: Ting Xu,Jean Allain

Publisher: Bloomsbury Publishing

ISBN: 1509901744

Category: Law

Page: 352

View: 7019

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Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.

International Investment Law and the Right to Regulate

A human rights perspective

Author: Lone Wandahl Mouyal

Publisher: Routledge

ISBN: 1317408020

Category: Business & Economics

Page: 264

View: 5266

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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Governing through Globalised Crime

Futures for International Criminal Justice

Author: Mark J. Findlay

Publisher: Willan

ISBN: 1134007078

Category: Social Science

Page: 304

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This book aims to address a way forward for the governance capacity of international criminal justice, arguing that international criminal justice provides a central tool for global governance. In exploring the dependency of global governance on crime and control, the book argues that values of freedom, equality, communitarian harmony and personal integrity need not be sacrificed in a new world order obsessed with partial security and secularized risk.

The Role of National Human Rights Institutions at the International and Regional Levels

The Experience of Africa

Author: Rachel Murray

Publisher: Bloomsbury Publishing

ISBN: 1847313647

Category: Law

Page: 149

View: 1103

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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 Legal Protection of Human Rights

Sceptical Essays

Author: Tom Campbell,Keith D. Ewing,Adam Tomkins

Publisher: Oxford University Press on Demand

ISBN: 0199606072

Category: Law

Page: 522

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The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights.

The Universal Declaration of Human Rights in the 21st Century

A Living Document in a Changing World

Author: Gordon Brown

Publisher: Open Book Publishers

ISBN: 1783742216

Category: Political Science

Page: 146

View: 564

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The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

Disability Human Rights Law

Author: Anna Arstein-Kerslake

Publisher: MDPI

ISBN: 3038423890

Category: Human rights

Page: 170

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This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

Green Governance

Ecological Survival, Human Rights, and the Law of the Commons

Author: Burns H. Weston,David Bollier

Publisher: Cambridge University Press

ISBN: 1139620592

Category: Law

Page: N.A

View: 3401

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The vast majority of the world's scientists agree: we have reached a point in history where we are in grave danger of destroying Earth's life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat 'the environment' as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.

Human Rights in Cross-Cultural Perspectives

A Quest for Consensus

Author: Abdullahi Ahmed An-Na'im

Publisher: University of Pennsylvania Press

ISBN: 0812200195

Category: Law

Page: 488

View: 5848

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Human rights violations are perpetrated in all parts of the world, and the universal reaction to such atrocities is overwhelmingly one of horror and sadness. Yet, as Abdullahi Ahmed An-Na'im and his contributors attest, our viewpoint is clouded and biased by the expectations native to our own culture. How do other cultures view human rights issues? Can an analysis of these issues through multiple viewpoints, both cross-cultural and indigenous, help us reinterpret and reconstruct prevailing theories of human rights?

Drug Control and Human Rights in International Law

Author: Richard Lines

Publisher: Cambridge University Press

ISBN: 1107171172

Category: Law

Page: 238

View: 3229

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Human rights violations occurring as a consequence of drug control and enforcement are a growing concern, and raise questions of treaty interpretation and of the appropriate balancing of concomitant obligations within the drug control and human rights treaty regimes. Tracing the evolution of international drug control law since 1909, this book explores the tensions between the regime's self-described humanitarian aspirations and its suppression of a common human behaviour as a form of 'evil'. Drawing on domestic, regional and international examples and case law, it posits the development of a dynamic, human rights-based interpretative approach to resolve tensions and conflicts between the regimes in a manner that safeguards human rights. Highlighting an important and emerging area of human rights inquiry from an international legal perspective, this book is a key resource for those working and studying in this field.

The Human Rights Act and the Assault on Liberty

Rights and Asylum in the UK

Author: Parnesh Sharma

Publisher: Nottingham University Press

ISBN: 1908062304

Category: Political Science

Page: 316

View: 6669

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Demonstrating that the state of civil liberties and human rights in the United Kingdom are quite perilous, this case study looks at the role of rights vis-à-vis social change and culture. Empirically examining the Human Rights Act (HRA), with asylum serving as the main case study, the book focuses on law in action, based on extensive fieldwork and framed against current events. It also discusses the role of Section 55—a law enacted at the same time as the HRA that was an antithesis of what the HRA promised and which forced thousands of asylum-seekers into destitution. Though Section 55 was eventually defeated, asylum-seekers in the UK are still powerless and marginalized. The book argues that the HRA has proven to be ineffective against illiberal policies and that the development of a culture of rights, as far as asylum is concerned, has stalled. This thoughtful analysis of the use of rights laws to advance social causes presents both potential and pitfalls, making it useful for sociologists, activists, and nongovernmental organizations.

Governing Through Pedagogy

Re-educating Citizens

Author: Jessica Pykett

Publisher: Routledge

ISBN: 1135755566

Category: Political Science

Page: 174

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This edited collection brings together researchers from education, human geography, sociology, social policy and political theory in order to consider the idea of the ‘pedagogical state’ as a means of understanding the strategies employed to re-educate citizens. The book aims to critically interrogate the cultural practices of governing citizens in contemporary liberal societies. Governing through pedagogy can be identified as an emerging tactic by which both state agencies and other non-state actors manage, administer, discipline, shape, care for and enable liberal citizens. Hence, discourses of ‘active citizenship’, ‘participatory democracy’, ‘community empowerment’, ‘personalised responsibility’, ‘behaviour change’ and ‘community cohesion’ are productively viewed through the conceptual lens of the pedagogical state. Chapters consider the spaces of schools, universities, the voluntary sector, civil society organisations, parenting initiatives, the media, government departments and state agencies as fruitful empirical sites through which pedagogy is worked and re-worked. This book was originally published as a special issue of Citizenship Studies.

The Power Of Law In A Transnational World

Anthropological Enquiries

Author: Keebet von Benda-Beckmann,Franz von Benda-Beckmann,Anne Griffiths

Publisher: Berghahn Books

ISBN: 0857456164

Category: Social Science

Page: 280

View: 1893

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How is law mobilized and who has the power and authority to construct its meaning? This important volume examines this question as well as how law is constituted and reconfigured through social processes that frame both its continuity and transformation over time. The volume highlights how power is deployed under conditions of legal pluralism, exploring its effects on livelihoods and on social institutions, including the state. Such an approach not only demonstrates how the state, through its various development programs and organizational structures, attempts to control territory and people, but also relates the mechanisms of state control to other legal modes of control and regulation at both local and supranational levels.