Human Rights Standards


Book Description

A bracing critique of human rights law and activism from the perspective of the Global South. How are human rights norms made, who makes them, and why? In Human Rights Standards, Makau Mutua traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. Examining key texts and documents published since the inception of the human rights movement at the end of World War II, he crafts a bracing critique of these works from the hitherto underutilized perspective of the Global South. Attention is focused on the deficits of the international order and how that order, which is defined by multiple asymmetries, defines human rights in a manner that exhibits normative gaps and cultural biases. Mutua identifies areas of further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various cleavages and divides. The result is the first truly comprehensive critical look at the making of human rights norms and standards and, as such, will be an invaluable resource for students, scholars, activists, and policymakers interested in this important topic.




The International Legal Order


Book Description

This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.




Concepts for International Law


Book Description

Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.




United States Hegemony and the Foundations of International Law


Book Description

Twelve leading scholars of international law and international relations consider whether the current strength of the United States is leading to change in the international legal system. This book demonstrates that the effects of U.S. domination of the foundations of international law are real, but also intensely complex. The volume stimulates debate about the role of the United States in international law and interests scholars of international law and international relations, government officials and international organizations.




Contested States


Book Description

Contested States examines how hegemony is created and facilitated through law as well as how people use legal arenas to resist oppression. The essays, written by anthropologists and historians, offer rich historical and ethnographic detail as they engage these themes in such contexts as: colonial and post-colonial courts in Kenya, India, Uganda and the Caribbean; bureaucracies in Tonga and Turkey; and judicial processes in the historical and contemporary United States. Contested States contributes to the new focus on power and social process in legal studies and argues that while states encode and enforce law, a crucial part of the power of law is its very contestability. The book demonstrates that theoretical insights learned in legal arenas can deepen one's overall understanding of sociocultural order and the processes of historical and legal change.




Law as Refuge of Anarchy


Book Description

A study of communities in the Horn of Africa where reciprocity is a dominant social principle, offering a concrete countermodel to the hierarchical state. Over the course of history, people have developed many varieties of communal life; the state, with its hierarchical structure, is only one of the possibilities for society. In this book, leading anthropologist Hermann Amborn identifies a countermodel to the state, describing communities where reciprocity is a dominant social principle and where egalitarianism is a matter of course. He pays particular attention to such communities in the Horn of Africa, where nonhierarchical, nonstate societies exist within the borders of a hierarchical structured state. This form of community, Amborn shows, is not a historical forerunner to monarchy or the primitive state, nor is it obsolete as a social model. These communities offer a concrete counterexample to societies with strict hierarchical structures. Amborn investigates social forms of expression, ideas, practices, and institutions that oppose the hegemony of one group over another, exploring how conceptions of values and laws counteract tendencies toward the accumulation of power. He examines not only how the nonhegemonic ethos is reflected in law but also how anarchic social formations can exist. In the Horn of Africa, the autonomous jurisdiction of these societies protects against destructive outside influences, offers a counterweight to hegemonic violence, and contributes to the stabilization of communal life. In an era of widespread dissatisfaction with Western political systems, Amborn's study offers an opportunity to shift from traditional theories of anarchism and nonhegemony that project a stateless society to consider instead stateless societies already in operation.




Universal Jurisdiction in International Criminal Law


Book Description

With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.




US Hegemony and the Americas


Book Description

In this book, Arturo Santa-Cruz advances an understanding of power as a social relationship and applies it consistently to the economic realm in United States relations with other countries of the Western Hemisphere. Following the academic and popular debate on the ebb and flow of US hegemony, this work centers the analysis in a critical case for the exercise of US power through its economic statecraft: the Americas—its historical zone of influence. The rationale for the regional focus is methodological: if it can be shown that Washington's sway has decreased in the area since the early 1970s, when the discussion about this matter started, it can be safely assumed that the same has occurred in other latitudes. The analysis focuses on three regions: North America, Central America and South America. Since each region contains countries that have at times maintained very different relationships with the United States, the findings contribute to a better understanding of the practice of US power in the sub-region in question, adding greater variability to the overall results. US Hegemony and the Americas: Power and Economic Statecraft in International Relations is an invaluable resource for students and scholars interested in Latin American History and Politics, North American Regional Integration, International Relations, Economic Statecraft, Political Economy and Comparative Politics.




Hegemony or Survival


Book Description

From the world's foremost intellectual activist, an irrefutable analysis of America's pursuit of total domination and the catastrophic consequences that are sure to follow The United States is in the process of staking out not just the globe but the last unarmed spot in our neighborhood-the heavens-as a militarized sphere of influence. Our earth and its skies are, for the Bush administration, the final frontiers of imperial control. In Hegemony or Survival , Noam Chomsky investigates how we came to this moment, what kind of peril we find ourselves in, and why our rulers are willing to jeopardize the future of our species. With the striking logic that is his trademark, Chomsky dissects America's quest for global supremacy, tracking the U.S. government's aggressive pursuit of policies intended to achieve "full spectrum dominance" at any cost. He lays out vividly how the various strands of policy-the militarization of space, the ballistic-missile defense program, unilateralism, the dismantling of international agreements, and the response to the Iraqi crisis-cohere in a drive for hegemony that ultimately threatens our survival. In our era, he argues, empire is a recipe for an earthly wasteland. Lucid, rigorous, and thoroughly documented, Hegemony or Survival promises to be Chomsky's most urgent and sweeping work in years, certain to spark widespread debate.




Great Powers and Outlaw States


Book Description

The presence of Great Powers and outlaw states is a central but under-explored feature of international society. In this book, Gerry Simpson describes the ways in which an international legal order based on 'sovereign equality' has accommodated the Great Powers and regulated outlaw states since the beginning of the nineteenth-century. In doing so, the author offers a fresh understanding of sovereignty which he terms juridical sovereignty to show how international law has managed the interplay of three languages: the languages of Great Power prerogative, the language of outlawry (or anti-pluralism) and the language of sovereign equality. The co-existence and interaction of these three languages is traced through a number of moments of institutional transformation in the global order from the Congress of Vienna to the 'war on terrorism'.