States, Human Rights, and Distant Strangers

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1003807291
Total Pages : 342 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis States, Human Rights, and Distant Strangers by : Angela Müller

Download or read book States, Human Rights, and Distant Strangers written by Angela Müller and published by Taylor & Francis. This book was released on 2023-10-24 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad—states’ extraterritorial human rights obligations. Taking an innovative approach, it begins with a profound legal analysis of the issue at national, supranational, and international levels and then engages in depth with counterarguments against extraterritorially applying human rights, on the basis of which it develops its own ethical justificatory theory of extraterritorial human rights obligations. The book closes the circle by showing what the practical implications of this theory for the interpretation (and possible evolvement) of human rights law would be. In a world where critiques of, and resistance to, the general idea of universal human rights are on rise, the book contributes to closing the gap between judicial and normative perspectives on extraterritorial human rights obligations by inquiring into the ethical underpinnings of this topical legal challenge. This book will be of key interest to scholars and students in human rights, international law, and more broadly in political philosophy, philosophy of law, and international relations.

Rightful Relations with Distant Strangers

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941339
Total Pages : 352 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rightful Relations with Distant Strangers by : Aravind Ganesh

Download or read book Rightful Relations with Distant Strangers written by Aravind Ganesh and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace. The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).

Business and Human Rights

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928057
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Business and Human Rights by : Dalia Palombo

Download or read book Business and Human Rights written by Dalia Palombo and published by Bloomsbury Publishing. This book was released on 2020-02-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Rightful Relations with Distant Strangers

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941320
Total Pages : 293 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rightful Relations with Distant Strangers by : Aravind Ganesh

Download or read book Rightful Relations with Distant Strangers written by Aravind Ganesh and published by Bloomsbury Publishing. This book was released on 2021-03-25 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace. The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).

Mind and Rights

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316877566
Total Pages : 515 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Mind and Rights by : Matthias Mahlmann

Download or read book Mind and Rights written by Matthias Mahlmann and published by Cambridge University Press. This book was released on 2023-02-16 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mind and Rights combines historical, philosophical, and legal perspectives with research from psychology and the cognitive sciences to probe the justification of human rights in ethics, politics and law. Chapters critically examine the growth of the human rights culture, its roots in history and current human rights theories. They engage with the so-called cognitive revolution and investigate the relationship between human cognition and human rights to determine how insights gained from modern theories of the mind can deepen our understanding of the foundations of human rights. Mind and Rights argues that the pursuit of the human rights idea, with its achievements and tragic failures, is key to understand what kind of beings humans are. Amidst ongoing debate on the universality and legitimacy of human rights, this book provides a uniquely comprehensive analysis of great practical and political importance for a culture of legal justice undergirded by rights. This title is also available as open access on Cambridge Core.

Die Schutzverantwortung (R2P)

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004229981
Total Pages : 371 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Die Schutzverantwortung (R2P) by : Peter Hilpold

Download or read book Die Schutzverantwortung (R2P) written by Peter Hilpold and published by Martinus Nijhoff Publishers. This book was released on 2013-10-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Was bedeutet „Schutzverantwortung“ (Responsibility to Protect – R2P) und in welche Richtung entwickelt sich dieses neue völkerrechtliche Konzept? Auf diese Fragen geben Völkerrechtsexperten aus verschiedenen Ländern in diesem Band eine umfassende und detaillierte Antwort. What does “Responsibility to Protect” mean and in which direction does this concept evolve? In this volume international law experts from different countries engage in a comprehensive stock-taking of the relevant discussion and try to devise possible lines of further developments in this area.

Poverty, Agency, and Human Rights

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199975876
Total Pages : 373 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Poverty, Agency, and Human Rights by : Diana T. Meyers

Download or read book Poverty, Agency, and Human Rights written by Diana T. Meyers and published by Oxford University Press. This book was released on 2014 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human rights regime to secure both economic development and free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons.

Due Diligence in the International Legal Order

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198869908
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Due Diligence in the International Legal Order by : Heike Krieger

Download or read book Due Diligence in the International Legal Order written by Heike Krieger and published by Oxford University Press, USA. This book was released on 2021-02-03 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.

Human Characteristics

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443804754
Total Pages : 450 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Human Characteristics by : Preben Bertelsen

Download or read book Human Characteristics written by Preben Bertelsen and published by Cambridge Scholars Publishing. This book was released on 2009-01-23 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every once in a while, we have to reconsider the perennial questions concerning human nature: What are the special human behaviours, social practices, and psychological structures that make us particularly human? The field of evolution, psychology and cognitive science is the most expanding, inter-disciplinary area of this field for the time being, uniting different sciences under the same evolutionary paradigm and keeping them occupied by the same eternal questions stated above. Relevant data and theoretical considerations are piling up, but an overview is needed. To facilitate this a large inter-disciplinary conference entitled “Human Mind—Human Kind” was held at Aarhus University, Denmark. The studies fall into three well defined sections: 1) Evolution and Cognition—Comparative and Developmental Perspectives, 2) Human Sociality, Morality and Religiosity, 3) Human Sexuality and Mating Strategies. Specifying the differences between our own species and the rest of the animal world always provokes debate. But these demarcations simply have to be drawn once and again. They focus attention and stimulate research, exactly because they provoke and challenge other researchers to take up the glove and prove us wrong.

Writing Beyond the State

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Author :
Publisher : Springer Nature
ISBN 13 : 3030344568
Total Pages : 302 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Writing Beyond the State by : Alexandra S. Moore

Download or read book Writing Beyond the State written by Alexandra S. Moore and published by Springer Nature. This book was released on 2020-03-14 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the imaginative capacities of literature, art and culture as sites for reimagining human rights, addressing deep historical and structural forms of belonging and unbelonging; the rise of xenophobia, neoliberal governance, and securitization that result in the purposeful precaritization of marginalized populations; ecological damage that threatens us all, yet the burdens of which are distributed unequally; and the possibility of decolonial and posthuman approaches to rights discourses. The book starts from the premise that there are deep-seated limits to the political possibilities of state and individual sovereignty in terms of protecting human rights around the world. The essays explore how different forms, materials, perspectives, and aesthetics can help reveal the limits of normative human rights and contribute to the cultural production of new human rights imaginaries beyond the borders of state and self.

Liberal Loyalty

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Publisher : Princeton University Press
ISBN 13 : 9781400830701
Total Pages : 272 pages
Book Rating : 4.8/5 (37 download)

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Book Synopsis Liberal Loyalty by : Anna Stilz

Download or read book Liberal Loyalty written by Anna Stilz and published by Princeton University Press. This book was released on 2009-07-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many political theorists today deny that citizenship can be defended on liberal grounds alone. Cosmopolitans claim that loyalty to a particular state is incompatible with universal liberal principles, which hold that we have equal duties of justice to persons everywhere, while nationalist theorists justify civic obligations only by reaching beyond liberal principles and invoking the importance of national culture. In Liberal Loyalty, Anna Stilz challenges both views by defending a distinctively liberal understanding of citizenship. Drawing on Kant, Rousseau, and Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves--rather than territory, common language, or shared culture--are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens. She demonstrates that specifying what freedom and equality mean among a particular people requires their democratic participation together as a group. Justice, therefore, depends on the authority of the democratic state because there is no way equal freedom can be defined or guaranteed without it. Yet, as Stilz shows, this does not mean that each of us should entertain some vague loyalty to democracy in general. Citizens are politically obligated to their own state and to each other, because within their particular democracy they define and ultimately guarantee their own civil rights. Liberal Loyalty is a persuasive defense of citizenship on purely liberal grounds.

Asylum Seekers and the State

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Author :
Publisher : Routledge
ISBN 13 : 1351956779
Total Pages : 251 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Asylum Seekers and the State by : Claudia Tazreiter

Download or read book Asylum Seekers and the State written by Claudia Tazreiter and published by Routledge. This book was released on 2017-03-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly topical in subject matter, Asylum Seekers and the State reveals immigration policy as a political process which has social consequences not only for the newcomer group, but also for the wider receiver society. This work considers the obligations which receiver societies have for considering refugee claims, but at the same time assesses contemporary security concerns; it also provides an introduction to the roles of non-government organizations as stake-holders in the political process. The book also offers a study of the historical and cultural context of immigration in Germany and Australia, which demonstrates the practical impact of these issues. Taking a fresh approach to the issue of asylum seekers and refugees, this book offers unique perspectives from non-state actors as significant brokers and advocates of social and political processes.

Foreign Policy

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Publisher : Oxford University Press, USA
ISBN 13 : 0199596239
Total Pages : 573 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Foreign Policy by : Steve Smith

Download or read book Foreign Policy written by Steve Smith and published by Oxford University Press, USA. This book was released on 2012-06-21 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Policy is unique in that it combines theories, actors and cases in one volume. This approach encourages the reader to appreciate a balanced view of the theory, and how foreign policy is carried out in the real world.

The Responsibility to Protect (R2P)

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004230009
Total Pages : 453 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Responsibility to Protect (R2P) by : Peter Hilpold

Download or read book The Responsibility to Protect (R2P) written by Peter Hilpold and published by Martinus Nijhoff Publishers. This book was released on 2014-11-07 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: R2P is a much discussed concept of International Law. This volume contains an in-depth inquiry into this concept by renowned international lawyers.

Global Constitutionalism from European and East Asian Perspectives

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108266290
Total Pages : 625 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis Global Constitutionalism from European and East Asian Perspectives by : Takao Suami

Download or read book Global Constitutionalism from European and East Asian Perspectives written by Takao Suami and published by Cambridge University Press. This book was released on 2018-11-29 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits our times.

Empire of Humanity

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Author :
Publisher : Cornell University Press
ISBN 13 : 9780801461095
Total Pages : 312 pages
Book Rating : 4.4/5 (61 download)

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Book Synopsis Empire of Humanity by : Michael Barnett

Download or read book Empire of Humanity written by Michael Barnett and published by Cornell University Press. This book was released on 2011-03-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empire of Humanity explores humanitarianism’s remarkable growth from its humble origins in the early nineteenth century to its current prominence in global life. In contrast to most contemporary accounts of humanitarianism that concentrate on the last two decades, Michael Barnett ties the past to the present, connecting the antislavery and missionary movements of the nineteenth century to today’s peacebuilding missions, the Cold War interventions in places like Biafra and Cambodia to post–Cold War humanitarian operations in regions such as the Great Lakes of Africa and the Balkans; and the creation of the International Committee of the Red Cross in 1863 to the emergence of the major international humanitarian organizations of the twentieth century. Based on extensive archival work, close encounters with many of today’s leading international agencies, and interviews with dozens of aid workers in the field and at headquarters, Empire of Humanity provides a history that is both global and intimate. Avoiding both romanticism and cynicism, Empire of Humanity explores humanitarianism’s enduring themes, trends, and, most strikingly, ethical ambiguities. Humanitarianism hopes to change the world, but the world has left its mark on humanitarianism. Humanitarianism has undergone three distinct global ages—imperial, postcolonial, and liberal—each of which has shaped what humanitarianism can do and what it is. The world has produced not one humanitarianism, but instead varieties of humanitarianism. Furthermore, Barnett observes that the world of humanitarianism is divided between an emergency camp that wants to save lives and nothing else and an alchemist camp that wants to remove the causes of suffering. These camps offer different visions of what are the purpose and principles of humanitarianism, and, accordingly respond differently to the same global challenges and humanitarianism emergencies. Humanitarianism has developed a metropolis of global institutions of care, amounting to a global governance of humanity. This humanitarian governance, Barnett observes, is an empire of humanity: it exercises power over the very individuals it hopes to emancipate. Although many use humanitarianism as a symbol of moral progress, Barnett provocatively argues that humanitarianism has undergone its most impressive gains after moments of radical inhumanity, when the "international community" believes that it must atone for its sins and reduce the breach between what we do and who we think we are. Humanitarianism is not only about the needs of its beneficiaries; it also is about the needs of the compassionate.

The Future of Just War

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Author :
Publisher : University of Georgia Press
ISBN 13 : 0820339504
Total Pages : 201 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Future of Just War by : Caron E. Gentry

Download or read book The Future of Just War written by Caron E. Gentry and published by University of Georgia Press. This book was released on 2014-01-01 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just War scholarship has adapted to contemporary crises and situations. But its adaptation has spurned debate and conversation—a method and means of pushing its thinking forward. Now the Just War tradition risks becoming marginalized. This concern may seem out of place as Just War literature is proliferating, yet this literature remains welded to traditional conceptualizations of Just War. Caron E. Gentry and Amy E. Eckert argue that the tradition needs to be updated to deal with substate actors within the realm of legitimate authority, private military companies, and the questionable moral difference between the use of conventional and nuclear weapons. Additionally, as recent policy makers and scholars have tried to make the Just War criteria legalistic, they have weakened the tradition's ability to draw from and adjust to its contemporaneous setting. The essays in The Future of Just War seek to reorient the tradition around its core concerns of preventing the unjust use of force by states and limiting the harm inflicted on vulnerable populations such as civilian noncombatants. The pursuit of these challenges involves both a reclaiming of traditional Just War principles from those who would push it toward greater permissiveness with respect to war, as well as the application of Just War principles to emerging issues, such as the growing use of robotics in war or the privatization of force. These essays share a commitment to the idea that the tradition is more about a rigorous application of Just War principles than the satisfaction of a checklist of criteria to be met before waging “just” war in the service of national interest.