Can Human Rights and National Sovereignty Coexist?


Book Description

Looking at two of the key paradigms of the post-Cold War era–national sovereignty, and human rights – this book examines the possibilities for their reconciliation from a global perspective. The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements, and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integration into host societies. On the other hand, there are growing calls for a tougher stance on immigration, and powerful populist politicians and governments have emerged in many developed countries. How can the idea of universal human rights survive exclusionist nationalism that uses a populist, unscrupulous approach to its advantage? The contributors to this book explore the meaning of, and possible solutions to, this dilemma using a wide range of approaches and seek appropriate ways of dealing with these normative predicaments shared by many developed societies. Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource.




Can Human Rights and National Sovereignty Coexist?


Book Description

"Looking at two of the key paradigms of the post-Cold War era - national sovereignty, and human rights - this book examines the possibilities for their reconciliation from a global perspective. The real or imagined fear of a flood of immigrants has caused and fuelled the surge of an amalgam of populist political forces, anti-immigrant movements and exclusionist nationalism in many developed countries. In the last decade, we have witnessed the emergence of two phenomena in the political and legal spheres. On the one hand, there are liberal globalists asking for respect and the protection of the basic human rights of migrants and asylum seekers and arguing for their civic and social integration into host societies. On the other hand, there are growing calls for a tougher stance on immigration, and powerful populist politicians and governments have emerged in many developed countries. How can the idea of universal human rights survive exclusionist nationalism that uses a populist, unscrupulous approach to its advantage? The contributors to this book explore the meaning of, and possible solutions to, this dilemma using a wide range of approaches and seek appropriate ways of dealing with these normative predicaments shared by many developed societies. Scholars and students of human rights, migration, nationalism and multiculturalism will find this a very valuable resource"--




The Sovereignty of Human Rights


Book Description

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.




Rescuing Human Rights


Book Description

Focuses on understanding human rights as they really are and their proper role in international affairs.




A World Divided


Book Description

A global history of human rights in a world of nations that grant rights to some while denying them to others Once dominated by vast empires, the world is now divided into some 200 independent countries that proclaim human rights—a transformation that suggests that nations and human rights inevitably develop together. But the reality is far more problematic, as Eric Weitz shows in this compelling global history of the fate of human rights in a world of nation-states. Through vivid histories from virtually every continent, A World Divided describes how, since the eighteenth century, nationalists have established states that grant human rights to some people while excluding others, setting the stage for many of today’s problems, from the refugee crisis to right-wing nationalism. Only the advance of international human rights will move us beyond a world divided between those who have rights and those who don't.




The Cambridge Companion to the Philosophy of Law


Book Description

An accessible, comprehensive, and high quality companion to legal philosophy written by a stellar cast of international contributors.







The Last Utopia


Book Description

Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.




Human Rights and International Relations


Book Description

This book is about the impact of human rights on the relations among states. It seeks to bring together in one place an account of the theory of human rights (what they are; where they come from; whether they are universal); a discussion of the part they play in contemporary international politics (including East-West and North-South relations); and a view of what ought to be done about them - especially by the western powers. The central policy recommendation made by Dr Vincent is that, as a project for international society, provision for subsistence rights has a strong claim to priority over other human rights. Dr Vincent's conclusion about the place of human rights in contemporary international society neither simply endorses the notion of the advance of cosmopolitan values on the society of states, nor rests on an observation of the continuing strength of state sovereignty. He shows how the grip of the sovereign state might in fact be tightened by its successful co-option of the international doctrine of human rights.




The Endtimes of Human Rights


Book Description

"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.