Author : David Jacobson
Publisher : BRILL
Page : 194 pages
File Size : 33,83 MB
Release : 1997-10
Category : Law
ISBN : 9780801857706
Political sociologist David Jacobson argues that transnational migrations have affected ideas of citizenship and the state since World War II. Examining illegal immigration in the United States and migrant and foreign populations in Western Europe, Jacobson shows how differing political cultures have shaped both domestic and international politics.
Author : Molly Katrina Land
Publisher : Cambridge University Press
Page : 239 pages
File Size : 33,72 MB
Release : 2021-09-16
Category : Law
ISBN : 1108843174
Explores new forms of belonging across borders to foster more robust protections for non-citizens. This title is available as Open Access on Cambridge Core.
Author : Jeffrey Davis
Publisher : Cambridge University Press
Page : 298 pages
File Size : 42,85 MB
Release : 2008-06-02
Category : Political Science
ISBN : 1139472453
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 : Bård-Anders Andreassen
Publisher :
Page : 0 pages
File Size : 37,19 MB
Release : 2016
Category : Corporate governance
ISBN : 9781780683768
This volume argues that normative and legal developments to regulate and govern the behaviour of transnational businesses represent a new frontier in the struggle for human rights.
Author : Xóchitl Bada
Publisher : University of Texas Press
Page : 336 pages
File Size : 45,1 MB
Release : 2019-06-17
Category : Social Science
ISBN : 1477318356
Collecting the diverse perspectives of scholars, labor organizers, and human-rights advocates, Accountability across Borders is the first edited collection that connects studies of immigrant integration in host countries to accounts of transnational migrant advocacy efforts, including case studies from the United States, Canada, and Mexico. Covering the role of federal, state, and local governments in both countries of origin and destinations, as well as nongovernmental organizations (NGOs), these essays range from reflections on labor solidarity among members of the United Food and Commercial Workers in Toronto to explorations of indigenous students from the Maya diaspora living in San Francisco. Case studies in Mexico also discuss the enforcement of the citizenship rights of Mexican American children and the struggle to affirm the human rights of Central American migrants in transit. As policies regarding immigration, citizenship, and enforcement are reaching a flashpoint in North America, this volume provides key insights into the new dynamics of migrant civil society as well as the scope and limitations of directives from governmental agencies.
Author : Lena Khor
Publisher : Routledge
Page : 305 pages
File Size : 48,8 MB
Release : 2016-05-13
Category : Political Science
ISBN : 1317119800
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.
Author : Tommaso Natoli
Publisher : Springer Nature
Page : 270 pages
File Size : 50,88 MB
Release : 2019-09-12
Category : Law
ISBN : 3030209296
This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.
Author : Christopher Heath Wellman
Publisher : OUP USA
Page : 350 pages
File Size : 23,89 MB
Release : 2011-09-30
Category : Philosophy
ISBN : 0199731721
Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.
Author : Sigrun Skogly
Publisher : Intersentia nv
Page : 235 pages
File Size : 37,87 MB
Release : 2006
Category : Exterritoriality
ISBN : 9050954340
Within and outside the legal and academic professions, it is now increasingly recognised that the human rights consequences of states' actions are not limited to the domestic sphere but quite often transcend national borders. This is a challenge to the human rights community, which up to the present time has focused almost exclusively on human rights violations and protections solely within a national setting. The term "extraterritorial" effect/application/obligation in international law refers to acts that are taken by one actor (state) that have some kind of effect within another country's territory, with or without this second country's implicit or explicit agreement. Extraterritoriality within international human rights law, then, concerns actions or omissions by one state that have an effect on the human rights of individuals in another state - with or without this other state's agreement. This effect may be positive or negative in that such actions or omissions by foreign states may contribute positively to the enjoyment of human rights; or alternatively, they may result in a deteriorated human rights situation, and even human rights violations. This book gives, for the first time, a comprehensive analysis of extraterritorial obligations in international human rights law by placing the discussion in a larger international law context, interpreting obligations in the various sources of international human rights law, and discussing the way in which extraterritoriality has been approached by international courts and human rights implementation bodies in the United Nations and regional systems.
Author : Charlotte E. Blattner
Publisher : Oxford University Press
Page : 521 pages
File Size : 43,3 MB
Release : 2019
Category : Law
ISBN : 0190948310
based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.
