Negotiating Sovereignty and Human Rights
Negotiating Sovereignty and Human Rights

Author: Michaelene Cox

Publisher: Routledge

Published: 2016-04-22

Total Pages: 251

ISBN-13: 1317089235

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Providing an overview of institutional developments and innovations in human rights politics, this volume discusses some of the most important current and emerging human rights issues. It takes stock of the initiatives, policy responses and innovations of past years to identify some of the challenges that will likely require bold and innovative solutions. The contributors focus on actors and/or issues that are outside the mainstream of international human rights politics; the chapters address issues that have only emerged as an important part of the international human rights agenda and generated much advocacy, diplomacy and negotiations since the end of the Cold War. These issues include: the International Criminal Court, the norm of Responsibility to Protect (R2P), the proliferation of small arms and light weapons and its human rights impact, truth commissions, and the rights of persons with disabilities. The contributions offer a direct challenge to entrenched notions of state sovereignty and represent a departure from established ways of policy making.

Negotiating sovereignty and human rights
Negotiating sovereignty and human rights

Author: Sibylle Scheipers

Publisher: Manchester University Press

Published: 2013-07-19

Total Pages: 293

ISBN-13: 1847797520

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Negotiating sovereignty and human rights takes the transatlantic conflict over the International Criminal Court as a lens for an enquiry into the normative foundations of international society. The author shows how the way in which actors refer to core norms of the international society such as sovereignty and human rights affect the process and outcome of international negotiations. The book offers an innovative take on the long-standing debate over sovereignty and human rights in international relations. It goes beyond the simple and sometimes ideological duality of sovereignty versus human rights by showing that sovereignty and human rights are not competing principles in international relations, as is often argued, but complement each other. The way in which the two norms and their relationship are understood lies at the core of actors’ broader visions of world order. The author shows how competing interpretations of sovereignty and human rights and the different visions of world order that they imply fed into the transatlantic debate over the ICC and transformed this debate into a conflict over the normative foundations of international society.

Negotiating Sovereignty and Human Rights
Negotiating Sovereignty and Human Rights

Author: Noha Shawki

Publisher: Ashgate Publishing, Ltd.

Published: 2009

Total Pages: 260

ISBN-13: 9780754677192

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Providing an overview of institutional developments and innovations in human rights politics, this volume discusses some of the most important current and emerging human rights issues. It takes stock of the initiatives, policy responses and innovations of past years to identify some of the challenges that will likely require bold and innovative solutions. The contributions offer a direct challenge to entrenched notions of state sovereignty and represent a departure from established ways of policy making.

Negotiating Sovereignty and Human Rights
Negotiating Sovereignty and Human Rights

Author: Michaelene Cox

Publisher: Routledge

Published: 2016-04-22

Total Pages: 229

ISBN-13: 1317089227

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Providing an overview of institutional developments and innovations in human rights politics, this volume discusses some of the most important current and emerging human rights issues. It takes stock of the initiatives, policy responses and innovations of past years to identify some of the challenges that will likely require bold and innovative solutions. The contributors focus on actors and/or issues that are outside the mainstream of international human rights politics; the chapters address issues that have only emerged as an important part of the international human rights agenda and generated much advocacy, diplomacy and negotiations since the end of the Cold War. These issues include: the International Criminal Court, the norm of Responsibility to Protect (R2P), the proliferation of small arms and light weapons and its human rights impact, truth commissions, and the rights of persons with disabilities. The contributions offer a direct challenge to entrenched notions of state sovereignty and represent a departure from established ways of policy making.

Negotiating Autonomy
Negotiating Autonomy

Author: Kelly Bauer

Publisher: University of Pittsburgh Press

Published: 2021-03-30

Total Pages: 261

ISBN-13: 0822988119

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The 1980s and ‘90s saw Latin American governments recognizing the property rights of Indigenous and Afro-descendent communities as part of a broader territorial policy shift. But the resulting reforms were not applied consistently, more often extending neoliberal governance than recognizing Indigenous Peoples’ rights. In Negotiating Autonomy, Kelly Bauer explores the inconsistencies by which the Chilean government transfers land in response to Mapuche territorial demands. Interviews with community and government leaders, statistical analysis of an original dataset of Mapuche mobilization and land transfers, and analysis of policy documents reveals that many assumptions about post-dictatorship Chilean politics as technocratic and depoliticized do not apply to indigenous policy. Rather, state officials often work to preserve the hegemony of political and economic elites in the region, effectively protecting existing market interests over efforts to extend the neoliberal project to the governance of Mapuche territorial demands. In addition to complicating understandings of Chilean governance, these hidden patterns of policy implementation reveal the numerous ways these governance strategies threaten the recognition of Indigenous rights and create limited space for communities to negotiate autonomy.

Negotiating Civil War
Negotiating Civil War

Author: Henry Lovat

Publisher: Cambridge University Press

Published: 2020-07-16

Total Pages: 385

ISBN-13: 1108753957

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Civil war has been a fact of political life throughout recorded history. However, unlike inter-state wars, international law has not traditionally regulated such conflicts. How then can we explain the post-1945 emergence and evolution of international treaty rules regulating the conduct of internal armed conflict: the 'Civil War Regime'? Negotiating Civil War combines insights derived from Realist, Rationalist, Liberal, and Constructivist approaches to International Relations to answer this question, revisiting the negotiation of the 1949 Geneva Conventions, the 1977 Additional Protocols, and the 1998 Rome Statute of the International Criminal Court. This study provides a rigorous, critical account of the making of the Civil War Regime. Sophisticated and persuasive, it illustrates the complex interplay of material, ideational, social, and strategic factors in shaping these rules with important lessons for the making and unmaking of international law in a rapidly shifting international political, economic, and security environment.

The Human Rights Challenge to Immunity in International Law
The Human Rights Challenge to Immunity in International Law

Author: Selman Özdan

Publisher: Springer Nature

Published: 2022-02-12

Total Pages: 206

ISBN-13: 303092923X

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This book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.

Intervention in Civil Wars
Intervention in Civil Wars

Author: Chiara Redaelli

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 340

ISBN-13: 1509940553

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This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Negotiating State and Non-State Law
Negotiating State and Non-State Law

Author: Michael A. Helfand

Publisher: Cambridge University Press

Published: 2015-07-02

Total Pages: 363

ISBN-13: 1107083761

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Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights
Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights

Author: Muhammad Bello

Publisher: Pretoria University Law Press

Published: 2024-07-22

Total Pages: 425

ISBN-13:

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Re-imagining sovereign debt examines the extent to which sovereign debtors’ contractual obligations may be honoured where the socio-economic rights of their citizens face clear danger of non-realisation. It critiques the foundational legal paradigm that influences and shapes the substance of the sovereign debt regime. In doing this, the author employs legal theory to show the inadequacies of the regime in terms of its failure to embrace the dynamism of sovereign debt which he characterises as a debt with a complex mix of public-private elements, hybridity of norms and multiplicity of interests beyond the two-sided creditor-debtor matrix. By locating socio-economic rights in all critical phases of the regime, the author shows that the recurring circles of debt crises are linked to the continuing influence of the private law paradigm. The book offers a fresh perspective to re-imagine sovereign debt using insights from transnational legal theorists and advocates prioritising socio-economic rights considerations in debt contracting, restructuring and adjudication through a more concrete recognition of creditors’ responsibilities. Re-imagining sovereign debt will interest lawyers, policymakers, diplomats, scholars and researchers interested in the law, history and politics of sovereign debt.