The European Convention on Human Rights of 1950 established the most effective international system of human rights protection ever created. This is the first book that gives a comprehensive account of how it came into existence, of the part played in its genesis by the British government, and of its significance for Britain in the period between 1953 and 1966.
Erudite and timely, this book is a key contribution to the renewal of radical theory and politics. Addressing the paradox of a contemporary humanitarianism that has abandoned politics in favour of combating evil, Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions. Asking whether there ‘is an intrinsic relationship between human rights and the recent wars carried out in their name?’ and whether ‘human rights are a barrier against domination and oppression or the ideological gloss of an emerging empire?’ this book examines a range of topics, including: the normative characteristics, political philosophy and metaphysical foundations of our age the subjective and institutional aspects of human rights and their involvement in the creation of identity and definition of the meaning and powers of humanity the use of human rights as a justification for a new configuration of political, economic and military power. Exploring the legacy and the contemporary role of human rights, this topical and incisive book is a must for all those interested in human rights law, jurisprudence and philosophy of law, political philosophy and political theory.
Introduction : counterinsurgency and human rights in the post-1945 world -- A lawyers' war : emergency legislation and the Cyprus Bar Council -- The shadow of Strasbourg : international advocacy and Britain's response -- Hunger war : humanitarian rights and the Radfan campaign -- This unhappy affair : investigating torture in Aden -- A more talkative place : Northern Ireland
The Oxford Handbook of the Ends of Empire offers the most comprehensive treatment of the causes, course, and consequences of the collapse of empires in the twentieth century. The volume's contributors convey the global reach of decolonization, analysing the ways in which European, Asian, and African empires disintegrated over the past century.
A groundbreaking interpretation of the intellectual origins of the United Nations No Enchanted Palace traces the origins and early development of the United Nations, one of the most influential yet perhaps least understood organizations active in the world today. Acclaimed historian Mark Mazower forces us to set aside the popular myth that the UN miraculously rose from the ashes of World War II as the guardian of a new and peaceful global order, offering instead a strikingly original interpretation of the UN's ideological roots, early history, and changing role in world affairs. Mazower brings the founding of the UN brilliantly to life. He shows how the UN's creators envisioned a world organization that would protect the interests of empire, yet how this imperial vision was decisively reshaped by the postwar reaffirmation of national sovereignty and the unanticipated rise of India and other former colonial powers. This is a story told through the clash of personalities, such as South African statesman Jan Smuts, who saw in the UN a means to protect the old imperial and racial order; Raphael Lemkin and Joseph Schechtman, Jewish intellectuals at odds over how the UN should combat genocide and other atrocities; and Jawaharlal Nehru, India's first prime minister, who helped transform the UN from an instrument of empire into a forum for ending it. A much-needed historical reappraisal of the early development of this vital world institution, No Enchanted Palace reveals how the UN outgrew its origins and has exhibited an extraordinary flexibility that has enabled it to endure to the present day.
"We are living through the endtimes of the civilizing mission. The ineffectual International Criminal Court and its disastrous first prosecutor, Luis Moreno-Ocampo, along with the failure in Syria of the Responsibility to Protect are the latest pieces of evidence not of transient misfortunes but of fatal structural defects in international humanism. Whether it is the increase in deadly attacks on aid workers, the torture and 'disappearing' of al-Qaeda suspects by American officials, the flouting of international law by states such as Sri Lanka and Sudan, or the shambles of the Khmer Rouge tribunal in Phnom Penh, the prospect of one world under secular human rights law is receding. What seemed like a dawn is in fact a sunset. The foundations of universal liberal norms and global governance are crumbling."—from The Endtimes of Human Rights In a book that is at once passionate and provocative, Stephen Hopgood argues, against the conventional wisdom, that the idea of universal human rights has become not only ill adapted to current realities but also overambitious and unresponsive. A shift in the global balance of power away from the United States further undermines the foundations on which the global human rights regime is based. American decline exposes the contradictions, hypocrisies and weaknesses behind the attempt to enforce this regime around the world and opens the way for resurgent religious and sovereign actors to challenge human rights. Historically, Hopgood writes, universal humanist norms inspired a sense of secular religiosity among the new middle classes of a rapidly modernizing Europe. Human rights were the product of a particular worldview (Western European and Christian) and specific historical moments (humanitarianism in the nineteenth century, the aftermath of the Holocaust). They were an antidote to a troubling contradiction—the coexistence of a belief in progress with horrifying violence and growing inequality. The obsolescence of that founding purpose in the modern globalized world has, Hopgood asserts, transformed the institutions created to perform it, such as the International Committee of the Red Cross and recently the International Criminal Court, into self-perpetuating structures of intermittent power and authority that mask their lack of democratic legitimacy and systematic ineffectiveness. At their best, they provide relief in extraordinary situations of great distress; otherwise they are serving up a mixture of false hope and unaccountability sustained by “human rights” as a global brand. The Endtimes of Human Rights is sure to be controversial. Hopgood makes a plea for a new understanding of where hope lies for human rights, a plea that mourns the promise but rejects the reality of universalism in favor of a less predictable encounter with the diverse realities of today’s multipolar world.
What are the origins of the hostile environment for immigrants in Britain? Chosen as a BBC History Magazine Book of the Year 2021 and shortlisted for the PEN Hessell-Tiltman Prize 2022 In the wedded stories of migration and the end of empire, Ian Sanjay Patel uncovers a forgotten history of post-war Britain. After the Second World War, what did it mean to be a citizen of the British empire and the post-war Commonwealth of Nations? Post-war migrants coming to Britain were soon renamed immigrants in laws that prevented their entry despite their British nationality. The experiences of migrants and the archival testimony of officials and politicians at home and abroad, retold here, define Britain’s role in the global age of decolonization.
George Louis Beer Prize Winner Wallace K. Ferguson Prize Finalist A Marginal Revolution Book of the Year “A groundbreaking contribution...Intellectual history at its best.” —Stephen Wertheim, Foreign Affairs Neoliberals hate the state. Or do they? In the first intellectual history of neoliberal globalism, Quinn Slobodian follows a group of thinkers from the ashes of the Habsburg Empire to the creation of the World Trade Organization to show that neoliberalism emerged less to shrink government and abolish regulations than to redeploy them at a global level. It was a project that changed the world, but was also undermined time and again by the relentless change and social injustice that accompanied it. “Slobodian’s lucidly written intellectual history traces the ideas of a group of Western thinkers who sought to create, against a backdrop of anarchy, globally applicable economic rules. Their attempt, it turns out, succeeded all too well.” —Pankaj Mishra, Bloomberg Opinion “Fascinating, innovative...Slobodian has underlined the profound conservatism of the first generation of neoliberals and their fundamental hostility to democracy.” —Adam Tooze, Dissent “The definitive history of neoliberalism as a political project.” —Boston Review
Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
The introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal.
