Search Results for "cultural-rights-in-international-law-and-discourse"

Cultural Rights in International Law and Discourse

Cultural Rights in International Law and Discourse

Contemporary Challenges and Interdisciplinary Perspectives

  • Author: Stephenson Chow
  • Publisher: BRILL
  • ISBN: 9004328580
  • Category: Law
  • Page: 300
  • View: 7157
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In Cultural Rights in International Law and Discourse, Pok Yin S. Chow explains why the very understanding of ‘culture’ as described in international human rights law failed to capture and address the cultural concerns of groups and communities worldwide.

Cultural Rights in International Law

Cultural Rights in International Law

Article 27 of the Universal Declaration of Human Rights and Beyond

  • Author: Elsa Stamatopoulou
  • Publisher: BRILL
  • ISBN: 9004157522
  • Category: Law
  • Page: 333
  • View: 7880
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Drawing from a comprehensive review of legal instruments, practice, jurisprudence and literature, and using a multidisciplinary approach, this unique book brings forth the full spectrum of cultural rights, as individual and collective human rights, and offers a compelling vision for public policy.

Heritage, Culture and Rights

Heritage, Culture and Rights

Challenging Legal Discourses

  • Author: Andrea Durbach,Lucas Lixinski
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509904247
  • Category: Political Science
  • Page: 312
  • View: 9212
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Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China's use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law. The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world.

Economic, Social and Cultural Rights in International Law

Economic, Social and Cultural Rights in International Law

  • Author: Manisuli Ssenyonjo
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509902031
  • Category: Law
  • Page: 800
  • View: 6566
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Since the first edition (published in 2009), there have been several important treaty developments, including the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) on individual communications, and significant developments in the case law on economic, social and cultural (ESC) rights. The second edition addresses these developments and explores ESC rights from foundational issues to substantive rights and systems of protection. It has been fully updated to include new material and up-to-date coverage of the case law of human rights bodies and national courts on ESC rights. In addition to the rights to health, education and work covered in the first edition, the second edition analyses new developments, such as the rights to adequate food, water and sanitation, adequate housing, social security and cultural rights. It also considers several contemporary issues including the extraterritorial human rights obligations of states in the area of economic, social and cultural rights; non-state actors; relationship of the ICESCR to other areas of international law; the Optional Protocol to the ICESCR; regional protection of ESC rights; more examples of the domestic protection of ESC rights; the protection of ESC rights of vulnerable groups; contemporary challenges to ESC rights, including poverty, corruption, armed conflicts and terrorism. It concludes by exploring the possible establishment of a World Court of Human Rights.

Minority Groups and Judicial Discourse in International Law

Minority Groups and Judicial Discourse in International Law

A Comparative Perspective

  • Author: Gaetano Pentassuglia
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004176721
  • Category: Law
  • Page: 276
  • View: 4637
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Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies, particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group's perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Environmental Discourses in Public and International Law

Environmental Discourses in Public and International Law

  • Author: Brad Jessup,Kim Rubenstein
  • Publisher: Cambridge University Press
  • ISBN: 1107019427
  • Category: Law
  • Page: 536
  • View: 758
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How do dominant views and arguments about environmental problems traverse and connect international and public law?

Human Rights and Gender Violence

Human Rights and Gender Violence

Translating International Law into Local Justice

  • Author: Sally Engle Merry
  • Publisher: University of Chicago Press
  • ISBN: 9780226520759
  • Category: Social Science
  • Page: 264
  • View: 9671
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Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Human Rights and Development in International Law

Human Rights and Development in International Law

  • Author: Tahmina Karimova
  • Publisher: Routledge
  • ISBN: 1317351657
  • Category: Law
  • Page: 337
  • View: 8047
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This 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.

Fragmentation vs the Constitutionalisation of International Law

Fragmentation vs the Constitutionalisation of International Law

A Practical Inquiry

  • Author: Andrzej Jakubowski,Karolina Wierczyńska
  • Publisher: Routledge
  • ISBN: 1317312287
  • Category: Law
  • Page: 292
  • View: 8300
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The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.

The Human Rights Culture

The Human Rights Culture

A Study in History and Context

  • Author: Lawrence Meir Friedman,Lawrence M. Friedman
  • Publisher: Quid Pro Books
  • ISBN: 1610270738
  • Category: Social Science
  • Page: 202
  • View: 7079
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Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the usual legal or philosophical examination of rights, this book instead asks: Why is it--as a social and historical matter--that rights discourse is so prevalent and compelling to the current world?"Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity--in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." -- Brian Z. Tamanaha, Professor of Law, Washington UniversityQuality ebook formatting from Quid Pro Books features active Contents, linked footnotes, linked textual cross-references, and active URLs in references. Professor Friedman's latest book joins Quid Pro's Contemporary Society Series.

Human Rights Discourse in a Global Network

Human Rights Discourse in a Global Network

Books beyond Borders

  • Author: Lena Khor
  • Publisher: Routledge
  • ISBN: 1317119797
  • Category: Political Science
  • Page: 304
  • View: 8799
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In her innovative study of human rights discourse, Lena Khor takes up the prevailing concern by scholars who charge that the globalization of human rights discourse is becoming yet another form of cultural, legal, and political imperialism imposed from above by an international human rights regime based in the Global North. To counter these charges, she argues for a paradigmatic shift away from human rights as a hegemonic, immutable, and ill-defined entity toward one that recognizes human rights as a social construct comprised of language and of language use. She proposes a new theoretical framework based on a global discourse network of human rights, supporting her model with case studies that examine the words and actions of witnesses to genocide (Paul Rusesabagina) and humanitarian organizations (Doctors Without Borders). She also analyzes the language of texts such as Michael Ondaatje's Anil's Ghost. Khor's idea of a globally networked structure of human rights discourse enables actors (textual and human) who tap into or are linked into this rapidly globalizing system of networks to increase their power as speaking subjects and, in so doing, to influence the range of acceptable meanings and practices of human rights in the cultural sphere. Khor’s book is a unique and important contribution to the study of human rights in the humanities that revitalizes viable notions of agency and liberatory network power in fields that have been dominated by negative visions of human capacity and moral action.

Justifications of Minority Protection in International Law

Justifications of Minority Protection in International Law

  • Author: Athanasia Spiliopoulou Åkermark
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9789041104243
  • Category: Law
  • Page: 331
  • View: 534
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1993-1995.

Human Rights, Inc.

Human Rights, Inc.

The World Novel, Narrative Form, and International Law

  • Author: Joseph Slaughter
  • Publisher: Fordham Univ Press
  • ISBN: 0823228193
  • Category: Literary Criticism
  • Page: 436
  • View: 9150
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In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of world literatureand international human rights law are related phenomena. Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call the free and full development of the human personality. Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself. This analysis of the cultural work of law and of the social work of literature challenges traditional Eurocentric histories of both international law and the dissemination of the novel. Taking his point of departure in Goethe's Wilhelm Meister, Slaughter focuses on recent postcolonial versions of the coming-of-age story to show how the promise of human rights becomes legible in narrative and how the novel and the law are complicit in contemporary projects of globalization: in colonialism, neoimperalism, humanitarianism, and the spread of multinational consumer capitalism.Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature-imperatives that, today more than ever, are intertwined.

Indigenous Peoples in International Law

Indigenous Peoples in International Law

  • Author: S. James Anaya
  • Publisher: Oxford University Press, USA
  • ISBN: 9780195173505
  • Category: Law
  • Page: 396
  • View: 3807
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In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

Hybridity: Law, Culture and Development

Hybridity: Law, Culture and Development

  • Author: Nicolas Lemay-Hébert,Rosa Freedman
  • Publisher: Taylor & Francis
  • ISBN: 1317202902
  • Category: Law
  • Page: 332
  • View: 9876
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This book explores recent developments in the concept of hybridity through a multi-disciplinary perspective, bringing ideas about legal plurality together with the fields of peace, development and cultural studies. Analysing the concepts of hybridity and hybridization, their history, their application in law and legal studies, and their implications for thinking and rethinking legal plurality, the book shows how the concept of hybridity can contribute to an understanding of the processes that occur when different normative or legal orders or frameworks confront each other.

Concept of Human Dignity in Human Rights Discourse

Concept of Human Dignity in Human Rights Discourse

  • Author: David Kretzmer,Eckart Klein
  • Publisher: Columbia University Press
  • ISBN: 9789041117830
  • Category: Law
  • Page: 313
  • View: 9183
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Society and Law: Grit Kamir.

Human Rights Standards

Human Rights Standards

Hegemony, Law, and Politics

  • Author: Makau Mutua
  • Publisher: SUNY Press
  • ISBN: 1438459394
  • Category: Political Science
  • Page: 256
  • View: 7699
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A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic.

International Law for Common Goods

International Law for Common Goods

Normative Perspectives on Human Rights, Culture and Nature

  • Author: Federico Lenzerini,Ana Filipa Vrdoljak
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782254706
  • Category: Law
  • Page: 412
  • View: 4933
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International law has long been dominated by the State. But it has become apparent that this bias is unrealistic and untenable in the contemporary world as the rise of the notion of common goods challenges this dominance. These common goods ? typically values (like human rights, rule of law, etc) or common domains (the environment, cultural heritage, space, etc) ? speak to an emergent international community beyond the society of States and the attendant rights and obligations of non-State actors. This book details how three key areas of international law ? human rights, culture and the environment ? are pushing the boundaries in this field. Each category is of current and ongoing significance in legal and public discourse, as illustrated by the Syrian conflict (human rights and international humanitarian law), the destruction of mausoleums and manuscripts in Mali (cultural heritage), and the Deepwater Horizon oil spill (the environment). Each exemplifies the need to move beyond a State-focused idea of international law. This timely volume explores how the idea of common goods, in which rights and obligations extend to individuals, groups and the international community, offers one such avenue and reflects on its transformative impact on international law.

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece

Taming Ares: War, Interstate Law, and Humanitarian Discourse in Classical Greece

  • Author: Emiliano J. Buis
  • Publisher: BRILL
  • ISBN: 9004363823
  • Category: Law
  • Page: 330
  • View: 4736
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In Taming Ares Emiliano J. Buis studies the narrative foundations of the (il)legality of warfare in the classical Greek world in order to demonstrate its contribution to a better historical understanding of the international legal rules applicable to the use of force and the conduct of hostilities.

Economic, Social, and Cultural Rights in Armed Conflict

Economic, Social, and Cultural Rights in Armed Conflict

  • Author: Gilles Giacca
  • Publisher: OUP Oxford
  • ISBN: 0191026913
  • Category: Law
  • Page: 414
  • View: 6175
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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.