Human Rights on Trial


Book Description

The first contemporary overview of the critiques of human rights in Western political thought, from the French Revolution to the present day.




Rainforest Warriors


Book Description

Rainforest Warriors is a historical, ethnographic, and documentary account of a people, their threatened rainforest, and their successful attempt to harness international human rights law in their fight to protect their way of life—part of a larger story of tribal and indigenous peoples that is unfolding all over the globe. The Republic of Suriname, in northeastern South America, contains the highest proportion of rainforest within its national territory, and the most forest per person, of any country in the world. During the 1990s, its government began awarding extensive logging and mining concessions to multinational companies from China, Indonesia, Canada, and elsewhere. Saramaka Maroons, the descendants of self-liberated African slaves who had lived in that rainforest for more than 300 years, resisted, bringing their complaints to the Inter-American Commission on Human Rights. In 2008, when the Inter-American Court of Human Rights delivered its landmark judgment in their favor, their efforts to protect their threatened rainforest were thrust into the international spotlight. Two leaders of the struggle to protect their way of life, Saramaka Headcaptain Wazen Eduards and Saramaka law student Hugo Jabini, were awarded the Goldman Prize for the Environment (often referred to as the environmental Nobel Prize), under the banner of "A New Precedent for Indigenous and Tribal Peoples." Anthropologist Richard Price, who has worked with Saramakas for more than forty years and who participated actively in this struggle, tells the gripping story of how Saramakas harnessed international human rights law to win control of their own piece of the Amazonian forest and guarantee their cultural survival.




The Right to a Fair Trial in International Law


Book Description

This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.







Human Rights and the United Kingdom Supreme Court


Book Description

How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.







Joyful Human Rights


Book Description

In popular, legal, and academic discourses, the term "human rights" is now almost always discussed in relation to its opposite: human rights abuses. Syllabi, textbooks, and articles focus largely on victimization and trauma, with scarcely a mention of a positive dimension. Joy, especially, is often discounted and disregarded. William Paul Simmons asserts that there is a time and place—and necessity—in human rights work for being joyful. Joyful Human Rights leads us to challenge human rights' foundations afresh. Focusing on joy shifts the way we view victims, perpetrators, activists, and martyrs; and mitigates our propensity to express paternalistic or heroic attitudes toward human rights victims. Victims experience joy—indeed, it is often what sustains them and, in many cases, what best facilitates their recovery from trauma. Instead of reducing individuals merely to victim status or the tragedies they have experienced, human rights workers can help harmed individuals reclaim their full humanity, which includes positive emotions such as joy. A joy-centered approach provides new insights into foundational human rights issues such as motivations of perpetrators , trauma and survivorship, the work of social movements and activists, philosophical and historical origins of human rights, and the politicization of human rights. Many concepts rarely discussed in the field play important roles here, including social erotics, clowning, dancing, expressive arts therapy, posttraumatic growth, and the Buddhist terms metta (loving kindness) and mudita (sympathetic joy). Joyful Human Rights provides a new framework—one based upon a more comprehensive understanding of human experiences—for theorizing and practicing a more affirmative and robust notion of human rights.




The European Court of Human Rights


Book Description

Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.




Human rights and criminal procedure


Book Description

A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.




Mass Incarceration on Trial


Book Description

Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-that has opened an unexpected escape route from this trap of "tough on crime" politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. This book offers a provocative and brilliant reading to the end of mass incarceration.