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Author: Jeffrey Davis Publisher: Cambridge University Press ISBN: 1139472453 Category : Political Science Languages : en Pages : 298
Book Description
This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Author: Jeffrey Davis Publisher: Cambridge University Press ISBN: 1139472453 Category : Political Science Languages : en Pages : 298
Book Description
This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Author: Lucia M. Rafanelli Publisher: Oxford University Press ISBN: 0197770568 Category : Law Languages : en Pages : 281
Book Description
Global political actors, from states and NGOs to activist groups and individuals, exert influence in societies beyond their own in myriad ways--including via public criticism, consumer boycotts, divestment campaigns, sanctions, and forceful intervention. Often, they do so in the name of justice-promotion. While attempts to promote justice in other societies can do good, they are also often subject to moral criticism and raise several serious moral questions. For example, are there ways to promote one's own ideas about justice in another society while still treating its members tolerantly? Are there ways to do so without disrespecting their legitimate political institutions or undermining their collective self-determination? To understand the ethics of justice-promoting intervention, Lucia M. Rafanelli moves beyond the traditional focus of other scholarship in this area on states waging wars or employing other conventional tools of coercive foreign policy. Specifically, Rafanelli constructs a philosophically-grounded and nuanced ethics of intervention to determine when attempts to promote justice in foreign societies are morally permissible. Promoting Justice Across Borders develops ethical standards for justice-promoting intervention that call on us to rethink received notions about the ordinary bounds of politics, and to abandon the thought that politics does and should take place primarily within the state. These ethical standards also give us a model for how to engage in political struggles for justice on a global scale--not only in conditions of supreme emergency, but in the ordinary circumstances of everyday global politics. They therefore form the basis of a cosmopolitanism that is neither premised upon nor aimed at bringing about the end of politics. Ultimately, Rafanelli shows how the promotion of justice everywhere can be the legitimate (political) concern of people anywhere.
Author: Gunter Bombaerts Publisher: Springer Nature ISBN: 3030240215 Category : Philosophy Languages : en Pages : 307
Book Description
This book is open access under a CC BY 4.0 license. We must find new and innovative ways of conceptualizing transboundary energy issues, of embedding concerns of ethics or justice into energy policy, and of operationalizing response to them. This book stems from the emergent gap; the need for comparative approaches to energy justice, and for those that consider ethical traditions that go beyond the classical Western approach. This edited volume unites the fields of energy justice and comparative philosophy to provide an overarching global perspective and approach to applying energy ethics. We contribute to this purpose in four sections: setting the scene, practice, applying theory to practice, and theoretical approaches. Through the chapters featured in the volume, we position the book as one that contributes to energy justice scholarship across borders of nations, borders of ways of thinking and borders of disciplines. The outcome will be of interest to undergraduate and graduate students studying energy justice, ethics and environment, as well as energy scholars, policy makers, and energy analysts.
Author: Simon Caney Publisher: Oxford University Press ISBN: 0199297967 Category : History Languages : en Pages : 330
Book Description
Which political principles should govern global politics? Simon Caney engages with the work of philosophers, political theorists, and international relations scholars to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Can humanitarian intervention be justified?
Author: Martin Böse Publisher: BRILL ISBN: 9004352066 Category : Law Languages : en Pages : 484
Book Description
Justice Without Borders is a collection of essays on international criminal law, European criminal law and international cooperation of distinguished authors that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018.
Author: Lucia M. Rafanelli Publisher: Oxford University Press ISBN: 019756884X Category : Political Science Languages : en Pages : 281
Book Description
"This book develops a theory of the ethics of "reform intervention"-a category that includes any attempt to promote justice in a society other than one's own. It identifies several dimensions along which reform interventions can vary (the degree of control interveners exercise over recipients, the urgency of interveners' objectives, the costs an intervention poses to recipients, and how interveners interact with recipients' existing political institutions) and examines how these variations affect the moral permissibility of reform intervention. The book argues that, once one acknowledges the variety of forms reform intervention can take, it becomes clear that not all of them are vulnerable to the objections usually levelled against intervention. In particular, not all reform interventions treat recipients with intolerance, disrespect recipients' legitimate institutions, or undermine recipients' collective self-determination. Combining philosophical analysis and discussion of several real-world cases, the book investigates which kinds of reform intervention are or are not vulnerable to these objections. In so doing, it also develops new understandings of the roles toleration, legitimacy, and collective self-determination should play in global politics. After developing principles to specify when different kinds of reform interventions are morally permissible, the book investigates how these principles could be applied in the real world. Ultimately, it argues that some reform interventions are all-things-considered morally permissible and that sometimes reform intervention is morally required. It argues we should reconceive the ordinary boundaries of political activity and begin to see the pursuit of justice via political contestation as humanity's collective project"--
Author: Stuart Tannock Publisher: Springer ISBN: 3319763814 Category : Education Languages : en Pages : 238
Book Description
In an increasingly globalised educational landscape, this book examines whether the principle of educational equality can be applied across nation state borders. Exploring the tension between the theory of educational equality and the reality that most educational institutions are rooted in local communities and national frameworks, the author thus probes the consequences for institutions, individuals and communities as the number of international students grows exponentially. A topic that has previously received limited attention, the author draws upon theoretical literature and an empirical study of how universities in the United Kingdom conceptualise and promote principles of educational equality for international as compared with home students. This pioneering work will be interest and value to students and scholars of international education, international students, educational equality and globalisation, as well as practitioners and policy makers.
Author: Maria Armoudian Publisher: University of Michigan Press ISBN: 0472038850 Category : Law Languages : en Pages : 263
Book Description
Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
Author: Kok-Chor Tan Publisher: Cambridge University Press ISBN: 9780521542326 Category : History Languages : en Pages : 238
Book Description
The cosmopolitan idea of justice is commonly accused of not taking seriously the special ties and commitments of nationality and patriotism. This is because the ideal of impartial egalitarianism, which is central to the cosmopolitan view, seems to be directly opposed to the moral partiality inherent to nationalism and patriotism. In this book, Kok-Chor Tan argues that cosmopolitan justice, properly understood, can accommodate and appreciate nationalist and patriotic commitments, setting limits for these commitments without denying their moral significance. This book offers a defense of cosmopolitan justice against the charge that it denies the values that ordinarily matter to people, and a defence of nationalism and patriotism against the charge that these morally partial ideals are fundamentally inconsistent with the obligations of global justice. Accessible and persuasive, this book will have broad appeal to political theorists and moral philosophers.
Author: Kristin E. Heyer Publisher: Georgetown University Press ISBN: 158901930X Category : Political Science Languages : en Pages : 210
Book Description
The failure of current immigration policies in the United States has resulted in dire consequences: a significant increase in border deaths, a proliferation of smuggling networks, prolonged family separation, inhumane raids, a patchwork of local ordinances criminalizing activities of immigrants and those who harbor them, and the creation of an underclass--none of which are appropriate or just outcomes for those holding Christian commitments. Heyer analyzes immigration in the context of fundamental Christian beliefs about the human person, sin, family life, and global solidarity to illuminate the plight of and receptivity to undocumented immigrants in this country, particularly immigrants from Mexico. She demonstrates how current US immigration policies reflect harmful neoliberal economic priorities, and why immigration cannot be reduced to security or legal issues alone; rather, immigration involves a broad array of economic issues, trade policies, concerns of cultural tolerance and criminal justice, and, at root, an understanding of the human person. Grounded in scriptural, anthropological, and social teachings, a Christian ethic of immigration calls society to promote structures and practices reflecting kinship and justice. The person-centered approach Heyer proposes demands basic changes to systems and rhetoric that abet and disguise immigrants' exploitation and death, requiring enhanced human rights protections and respect for the rule of law. Central to this ethic is attentiveness to the lived experiences of immigrants and a theologically inspired summons to "subversive hospitality."
Author: Jeffrey Davis
Author: Jeffrey Davis
Author: Lucia M. Rafanelli
Author: Gunter Bombaerts
Author: Simon Caney
Author: Martin Böse
Author: Lucia M. Rafanelli
Author: Stuart Tannock
Author: Maria Armoudian
Author: Kok-Chor Tan
Author: Kristin E. Heyer