International Human Rights, Decolonisation and Globalisation


Book Description

Covering a diverse range of topics, case studies and theories, the author undertakes a critique of the principal assumptions on which the existing international human rights regime has been constructed. She argues that the decolonization of human rights, and the creation of a global community that is conducive to the well-being of all humans, will require a radical restructuring of our ways of thinking, researching and writing. In contributing to this restructuring she brings together feminist and indigenous approaches as well as postmodern and post-colonial scholarship, engaging directly with some of the prevailing orthodoxies, such as 'universality', 'the individual', 'self-determination', 'cultural relativism', 'globalization' and 'civil society'.




Decolonization, Self-Determination, and the Rise of Global Human Rights Politics


Book Description

Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.




Human Rights and Corporations


Book Description

The erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems and potential of the relationship.




Decolonising International Law


Book Description

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.




Indivisible Human Rights


Book Description

Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories—thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights.




Regulating Corporate Human Rights Violations


Book Description

The quest to establish an effective regulatory mechanism to ensure that corporations comply with human rights responsibilities has gained momentum in the last decade or so, however, despite these efforts, no robust regulatory mechanism is in sight to provide effective remedies to victims of corporate human rights abuses. Against this background this book provides a theoretical framework to overcome regulatory challenges experienced in holding multinational corporations (MNCs) accountable for violation of human rights.




Globalization and Law


Book Description

Globalized law brings together disparate strands of study including international political economy, human rights law, and the law of war. Globalization and Law examines international institutions including the WTO, the World Bank, and the IMF and shows how they are linked to the politics of world markets and the politics of war. The book looks at these interactions at the micro level where globalized law can be seen in action, from the politics of oil and human rights in Nigeria to the current war in Iraq and the claim of a just war fought for human rights. Looking at the fate of people worldwide in the context of trends in economic development, the exploitation of human rights regimes, and supposedly humanitarian interventions, we see that many are unhomed by the forces of globalization. Whose humanity lies behind the claims to human rights? Whose interests are best served by the market? Can we ever go home again?




Studying Human Rights


Book Description

Draws on theories and methods from the social sciences to develop a framework for the systematic study of human rights problems. This book includes: an outline of the scope of human rights; the factors that have an impact on human rights; and a summary of the social science theories. It is useful for scholars and practitioners of this area.




Human Rights


Book Description

Human rights refers to the concept of human beings as having universal rights, or status, regardless of legal jurisdiction, and likewise other localising factors, such as ethnicity and nationality. For many, the concept of "human rights" is based in religious principles. However, because a formal concept of human rights has not been universally accepted, the term has some degree of variance between its use in different local jurisdictions -- difference in both meaningful substance as well as in protocols for and styles of application. Ultimately the most general meaning of the term is one which can only apply universally, and hence the term "human rights" is often itself an appeal to such transcended principles, without basing such on existing legal concepts. The term "humanism" refers to the developing doctrine of such universally applicable values, and it is on the basic concept that human beings have innate rights, that more specific local legal concepts are often based. Within particular societies, "human rights" refers to standards of behaviour as accepted within their respective legal systems regarding 1) the well being of individuals, 2) the freedom and autonomy of individuals, and 3) the representation of the human interest in government. These rights commonly include the right to life, the right to an adequate standard of living, the prohibition of genocide, freedom from torture and other mistreatment, freedom of expression, freedom of movement, the right to self-determination, the right to education, and the right to participation in cultural and political life. These norms are based on the legal and political traditions of United Nations member states and are incorporated into international human rights instruments. This new book brings together the latest book literature centred on this crucial topic.