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Collective Rights
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Book Synopsis Cultural Rights as Collective Rights by : Andrzej Jakubowski
Download or read book Cultural Rights as Collective Rights written by Andrzej Jakubowski and published by BRILL. This book was released on 2016-07-11 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights. Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.
Book Synopsis Collective Action and the Civil Rights Movement by : Dennis Chong
Download or read book Collective Action and the Civil Rights Movement written by Dennis Chong and published by University of Chicago Press. This book was released on 1991-06-18 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Action and the Civil Rights Movement is a theoretical study of the dynamics of public-spirited collective action as well as a substantial study of the American civil rights movement and the local and national politics that surrounded it. In this major historical application of rational choice theory to a social movement, Dennis Chong reexamines the problem of organizing collective action by focusing on the social, psychological, and moral incentives of political activism that are often neglected by rational choice theorists. Using game theoretic concepts as well as dynamic models, he explores how rational individuals decide to participate in social movements and how these individual decisions translate into collective outcomes. In addition to applying formal modeling to the puzzling and important social phenomenon of collective action, he offers persuasive insights into the political and psychological dynamics that provoke and sustain public activism. This remarkably accessible study demonstrates how the civil rights movement succeeded against difficult odds by mobilizing community resources, resisting powerful opposition, and winning concessions from the government.
Book Synopsis Collective Management of Copyright and Related Rights by : World Intellectual Property Organization
Download or read book Collective Management of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2022-12-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third edition of Collective Management of Copyright and Related Rights presents an in-depth revision with invaluable updates on the different systems, legislative options and best practices of CMOs worldwide. As with previous editions, the book is written to reach a wide audience, with a special focus on questions that might emerge for governments as they prepare, adopt and apply collective management norms and regulations. The edition also sheds light on new copyright and related rights developments, including digital, technological and business trends, from all over the world. Additionally, there is detailed discussion on topics such as aspects of competition, national treatment, and different models of collective management.
Book Synopsis Collective Rights of Indigenous Peoples by : Jolan Hsieh
Download or read book Collective Rights of Indigenous Peoples written by Jolan Hsieh and published by Routledge. This book was released on 2013-09-27 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is on the PingPu peoples in Taiwan and their right to official recognition as "indigenous peoples" by the Taiwanese government. The result of centuries of colonization, indigenous tribes in Taiwan have faced severe cultural repression because of the government's refusal to accept ethnic, racial, and cultural diversity. The PingPu Status Recognition Movement is the result of a decade of activism by impassioned people seeking the right to self-determination, autonomy, and tribal legitimacy from the Han-Chinese-controlled Taiwanese government. This book examines, through in-depth interviews, questionnaires, field observations, and analysis of governmental and United Nations documents, the perspectives of those directly involved in the movement, as well as those affected by "indigenous" status recognition. Study of the PingPu Indigenous movement is vitally important as it publicly declares Taiwanese Indigenous population's humanity and collective rights and provides a more comprehensive analysis of identity-based movements as a fundamental form of collective human rights claims.
Book Synopsis Collective Rights by : Miodrag A. Jovanović
Download or read book Collective Rights written by Miodrag A. Jovanović and published by Cambridge University Press. This book was released on 2012-01-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.
Book Synopsis Community and Collective Rights by : Dwight Newman
Download or read book Community and Collective Rights written by Dwight Newman and published by Bloomsbury Publishing. This book was released on 2011-07-13 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.
Book Synopsis Collective Identity, Oppression, and the Right to Self-ascription by : Andrew J. Pierce
Download or read book Collective Identity, Oppression, and the Right to Self-ascription written by Andrew J. Pierce and published by Lexington Books. This book was released on 2012 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Identity, Oppression, and the Right to Self-Ascription argues that groups have an irreducibly collective right to determine the meaning of their shared group identity, and that such a right is especially important for historically oppressed groups. The author specifies this right by way of a modified discourse ethic, demonstrating that it can provide the foundation for a conception of identity politics that avoids many of its usual pitfalls. The focus throughout is on racial identity, which provides a test case for the theory. That is, it investigates what it would mean for racial identities to be self-ascribed rather than imposed, establishing the possible role racial identity might play in a just society. The book thus makes a unique contribution to both the field of critical theory, which has been woefully silent on issues of race, and to race theory, which often either presumes that a just society would be a raceless society, or focuses primarily on understanding existing racial inequalities, in the manner typical of so-called "non-ideal theory."
Book Synopsis Taking Suffering Seriously by : William F. Felice
Download or read book Taking Suffering Seriously written by William F. Felice and published by SUNY Press. This book was released on 1996-08-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the evolution of collective human rights in international relations and argues that the concept of human rights must integrate group rights based on race/ethnicity, gender, class, and sexuality.
Book Synopsis Group Rights as Human Rights by : Neus Torbisco Casals
Download or read book Group Rights as Human Rights written by Neus Torbisco Casals and published by Springer Science & Business Media. This book was released on 2006-06-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Book Synopsis A Liberal Theory of Collective Rights by : Michel Seymour
Download or read book A Liberal Theory of Collective Rights written by Michel Seymour and published by McGill-Queen's Press - MQUP. This book was released on 2017-11-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?
Book Synopsis The Universal Declaration of Human Rights by :
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Collective Bargaining for Self-Employed Workers in Europe by : Bernd Waas
Download or read book Collective Bargaining for Self-Employed Workers in Europe written by Bernd Waas and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
Book Synopsis Collective Agreements by : Susan Hayter
Download or read book Collective Agreements written by Susan Hayter and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Book Synopsis Reconciling Indigenous Peoples’ Individual and Collective Rights by : Jessika Eichler
Download or read book Reconciling Indigenous Peoples’ Individual and Collective Rights written by Jessika Eichler and published by Routledge. This book was released on 2019-05-09 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Book Synopsis Collective Rights and the Cultural Identity of the Roma by : Claudia Tavani
Download or read book Collective Rights and the Cultural Identity of the Roma written by Claudia Tavani and published by Martinus Nijhoff Publishers. This book was released on 2012-09-03 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using Italy and the Roma as a case study, this book proves that non-discrimination provisions are not sufficient to protect the cultural identity of minorities: a system encompassing also the use of collective rights is better suited for this purpose.
Book Synopsis Indigenous Collective Rights in Latin America by : Katherine Becerra Valdivia
Download or read book Indigenous Collective Rights in Latin America written by Katherine Becerra Valdivia and published by Rowman & Littlefield. This book was released on 2022-09-23 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America is a region with high levels of recognition for Indigenous collective rights. Still, legal protections differ considerably among countries. Why do some countries in Latin America have a strong recognition of collective rights for Indigenous people while others do not? What are the factors that help enhance the presence of collective rights? The author argues that while Indigenous social movements are crucial to the protection of Indigenous rights, they are not enough. The recognition of these rights is influenced by organizational factors (such as coalitions between Indigenous peoples and non-Indigenous allies) as well as institutional conditions (including constitutional replacement and party systems). By employing qualitative comparative analysis (QCA) and case studies from Bolivia, Chile, Colombia, Ecuador, Guatemala, Mexico, and Peru, this book explores the ways various elements combine to create conditions for a variety of collective rights.
Book Synopsis A Liberal Theory of Collective Rights by : Michel Seymour
Download or read book A Liberal Theory of Collective Rights written by Michel Seymour and published by McGill-Queen's Press - MQUP. This book was released on 2017-11-27 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?
