Justice Without Borders


Book Description

Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .




Justice Without Borders


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.




Workers without Borders


Book Description

How the European Union handles posted workers is a growing issue for a region with borders that really are just lines on a map. A 2008 story, dissected in Ines Wagner’s Workers without Borders, about the troubling working conditions of migrant meat and construction workers, exposed a distressing dichotomy: how could a country with such strong employers’ associations and trade unions allow for the establishment and maintenance of such a precarious labor market segment? Wagner introduces an overlooked piece of the puzzle: re-regulatory politics at the workplace level. She interrogates the position of the posted worker in contemporary European labour markets and the implications of and regulations for this position in industrial relations, social policy and justice in Europe. Workers without Borders concentrates on how local actors implement European rules and opportunities to analyze the balance of power induced by the EU around policy issues. Wagner examines the particularities of posted worker dynamics at the workplace level, in German meatpacking facilities and on construction sites, to reveal the problems and promises of European Union governance as regulating social justice. Using a bottom-up approach through in-depth interviews with posted migrant workers and administrators involved in the posting process, Workers without Borders shows that strong labor-market regulation via independent collective bargaining institutions at the workplace level is crucial to effective labor rights in marginal workplaces. Wagner identifies structures of access and denial to labor rights for temporary intra-EU migrant workers and the problems contained within this system for the EU more broadly.




Justice Across Borders


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.




Beyond Walls and Cages


Book Description

The crisis of borders and prisons can be seen starkly in statistics. In 2011 some 1,500 migrants died trying to enter Europe, and the United States deported nearly 400,000 and imprisoned some 2.3 million people--more than at any other time in history. International borders are increasingly militarized places embedded within domestic policing and imprisonment and entwined with expanding prison-industrial complexes. Beyond Walls and Cages offers scholarly and activist perspectives on these issues and explores how the international community can move toward a more humane future. Working at a range of geographic scales and locations, contributors examine concrete and ideological connections among prisons, migration policing and detention, border fortification, and militarization. They challenge the idea that prisons and borders create safety, security, and order, showing that they can be forms of coercive mobility that separate loved ones, disempower communities, and increase shared harms of poverty. Walls and cages can also fortify wealth and power inequalities, racism, and gender and sexual oppression. As governments increasingly rely on criminalization and violent measures of exclusion and containment, strategies for achieving change are essential. Beyond Walls and Cages develops abolitionist, no borders, and decolonial analyses and methods for social change, showing how seemingly disconnected forms of state violence are interconnected. Creating a more just and free world--whether in the Mexico-U.S. borderlands, the Morocco-Spain region, South Africa, Montana, or Philadelphia--requires that people who are most affected become central to building alternatives to global crosscurrents of criminalization and militarization. Contributors: Olga Aksyutina, Stokely Baksh, Cynthia Bejarano, Anne Bonds, Borderlands Autonomist, Collective, Andrew Burridge, Irina Contreras, Renee Feltz, Luis A. Fernandez, Ruth Wilson Gilmore, Amy Gottlieb, Gael Guevara, Zoe Hammer, Julianne Hing, Subhash Kateel, Jodie M. Lawston, Bob Libal, Jenna M. Loyd, Lauren Martin, Laura McTighe, Matt Mitchelson, Maria Cristina Morales, Alison Mountz, Ruben R. Murillo, Joseph Nevins, Nicole Porter, Joshua M. Price, Said Saddiki, Micol Seigel, Rashad Shabazz, Christopher Stenken, Proma Tagore, Margo Tamez, Elizabeth Vargas, Monica W. Varsanyi, Mariana Viturro, Harsha Walia, Seth Freed Wessler.




Promoting Justice Across Borders


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.




Crime Without Borders


Book Description

"This book is an introduction to some of these developments in international criminal justice. On one hand we will look at how different criminal justice institutions have developed to fight crimes that cross international boundaries, looking at the legal and law enforcement developments that make this possible. On the other hand, we will also examine institutions that are designed to try and punish offenders internationally, for offenses that they are immune to at home. Thus, we look at national cooperation on transnational crimes and international institutions that deal with particularly horrible crimes such as genocide and crimes against humanity. Finally, we examine the global crime problems themselves, looking at how these problems developed historically, how they currently function, and how different criminal justice institutions seek to fight them."--BOOK JACKET.




The Practical Guide to Humanitarian Law


Book Description

Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.




Badges without Borders


Book Description

From the Cold War through today, the U.S. has quietly assisted dozens of regimes around the world in suppressing civil unrest and securing the conditions for the smooth operation of capitalism. Casting a new light on American empire, Badges Without Borders shows, for the first time, that the very same people charged with global counterinsurgency also militarized American policing at home. In this groundbreaking exposé, Stuart Schrader shows how the United States projected imperial power overseas through police training and technical assistance—and how this effort reverberated to shape the policing of city streets at home. Examining diverse records, from recently declassified national security and intelligence materials to police textbooks and professional magazines, Schrader reveals how U.S. police leaders envisioned the beat to be as wide as the globe and worked to put everyday policing at the core of the Cold War project of counterinsurgency. A “smoking gun” book, Badges without Borders offers a new account of the War on Crime, “law and order” politics, and global counterinsurgency, revealing the connections between foreign and domestic racial control.




Faith Beyond Borders


Book Description

For more than thirty years, Don Mosley has traveled the globe, working for the cause of justice on behalf of two organizations he helped to found: Habitat for Humanity and Jubilee Partners, a community of believers who have welcomed 3,000 refugees from danger zones around the world. In this book, he uses stories from his remarkable walk of faith to issue an action call for Christians to live out the teachings of Jesus, no matter where they take us or what they require us to do.