rights in divided societies human rights law in perspective

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Rights In Divided Societies

Author : Colin Harvey
ISBN : 9781847319791
Genre : Law
File Size : 40. 92 MB
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This collection examines the role and value of rights in divided and post-conflict societies, approaching the subject from a comparative and theoretical perspective. Societies emerging from violent conflict often opt for a bill of rights as part of a wider package of constitutional reform. Where conflict is fuelled by longstanding ethno-national divisions, these divisions are often addressed through group-differentiated rights. Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided/post-conflict societies, where the aim of promoting unity is frequently in tension with the need to accommodate difference. In such cases, a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society. Conversely, a bill of rights might provide merely another venue in which to play out familiar conflicts, further dividing an already divided society. The central questions that animate the collection are: (1) Can constitutional rights provide a basis for unity and a common 'human rights culture' in divided societies? If so, how? (2) To what extent should divided societies opt for a universalistic package of rights protections, or should the rights be tailored to the specific circumstances of a divided society, providing for special group-sensitive protections for minorities? (3) Is a divided society more or less likely to adopt a bill of rights? (4) How does the judiciary figure in the management or resolution of ethno-national conflict? (5) What are the general theoretical and philosophical issues at stake in a rights-based approach to the management or resolution of ethno-national divisions or other conflicts?

Examining Critical Perspectives On Human Rights

Author : Rob Dickinson
ISBN : 9781107006935
Genre : Law
File Size : 35. 76 MB
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This collection evaluates the crisis of confidence in human rights which underpins understandings of just decision making and liberal democracy.

Universal Human Rights

Author : David A. Reidy
ISBN : 0742548619
Genre : Philosophy
File Size : 20. 84 MB
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Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an otherwise divided world. Visit our website for sample chapters!

Freedom From Poverty As A Human Right Economic Perspectives

Author : Andreassen, Bard A.
ISBN : 9789231041440
Genre : Reference
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Human Rights Brought Home

Author : Simon Halliday
ISBN : 9781841133881
Genre : Law
File Size : 65. 46 MB
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What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, while much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action â?? as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.

Minorities Peoples And Self Determination

Author : Nazila Ghanea-Hercock
ISBN : 9789004143012
Genre : Social Science
File Size : 63. 9 MB
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This volume presents new thinking on minority and indigenous rights in international law. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.

The Oxford Handbook Of International Human Rights Law

Author : Dinah Shelton
ISBN : 9780199640133
Genre : Law
File Size : 66. 61 MB
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The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.

Law In Perspective

Author : Michael Head
ISBN : 9781921410802
Genre : Law
File Size : 84. 79 MB
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Chiefly written as a textbook for 1st year university law students, this book encourages critical, responsible and creative thinking about law as a system of ideas and a social institution. Explore the realtionship between law, logic and science.

Human Rights And Conflict

Author : Julie Mertus
ISBN : 1929223765
Genre : Political Science
File Size : 49. 62 MB
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The relationship between human rights and conflict is dynamic, complex, and powerful, constantly shaping and reshaping the course of both peace and war. Yet, despite its importance, our understanding of this relationship has long been fragmentary, chiefly because three different schools of thought human rights, conflict resolution, and international law have offered three different and often contradictory perspectives.This much-needed volume brings these perspectives together to create a composite picture of the relationship between human rights and conflict. The book s distinguished contributors do not disguise the differences among them indeed, some chapters are followed by commentaries offering an alternative view of the same subject but they also explore the numerous ways in which human rights advocates, negotiators, peacebuilders, and relief agencies can advance and reinforce each other s work."Human Rights and Conflict" is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle. From human rights abuses that precipitate violence, through third-party interventions and humanitarian relief efforts, to the negotiation of peace agreements and the building of peace, the volume lays out the actors and issues involved and analyzes the attendant dynamics and dilemmas.Comprehensive, authoritative, and highly readable, this volume is an invaluable resource for professors and their students. With its cutting-edge analyses and timely coverage (of Iraq and counterterrorism measures, for instance), it also offers considerable food for thought for seasoned practitioners and advocates.Julie Mertus, a former senior fellow at the Institute, is an associate professor at American University. Jeffrey W. Helsing is Dean of Curriculum, at USIP's Academy for International Conflict Management and Peacebuilding. "

Religious Human Rights In Global Perspective

Author : John Witte
ISBN : 9041101799
Genre : History
File Size : 54. 8 MB
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