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Human Rights at the Crossroads brings together preeminent and emerging voices within human rights studies to think creatively about problems beyond their own disciplines, and to critically respond to what appear to be intractable problems within human rights theory and practice. It provides an integrative and interdisciplinary answer to the existing academic status quo, with broad implications for future theory and practice in all fields dealing with the problems of human rights theory and practice.
This book demonstrates synergies and distils hard-earned lessons of human and forest rights struggles to inform the ongoing debates on environmental human rights. It highlights the ongoing struggles of the communities in postcolonial India that are confronted with the most brutal and unprecedented assault on their economic and sociocultural rights – often led by the political establishment. The contributions in this edited volume present multiple narratives of these struggles, theoretical inquiries into a diversity of political imaginations, and the intertwined changes in the legal and biophysical landscapes. These contributions speak to some of the most important contemporary debates within the human rights community that stands in the crossroads with rights of Indigenous Peoples and other members of subaltern groups. This volume will be of great value to scholars, students, and researchers interested in human rights politics, power, forest governance, and environmental movements in postcolonial India. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.
Human rights treaties are at the core of the international system for the promotion and protection of human rights. Every UN member state has ratified at least one of these treaties, making them applicable to virtually every child, woman or man in the world - over six billion people. At the same time, human rights violations are rampant. The problem is that the implementation scheme accompanying the core human rights standards was drafted during a period of history when effective international monitoring was neither intended nor achievable. Today there is a gap between universal right and remedy that is inescapable and inexcusable, threatening the integrity of the international human rights legal regime. There are overwhelming numbers of overdue reports, untenable backlogs, minimal individual complaints from vast numbers of potential victims, and widespread refusal of states to provide remedies when violations of individual rights are found. This landmark Report prepared by Professor Bayefsky envisions a wide-ranging number of reforms, most of which can be accomplished without formal amendment. The recommendations generally assume a six treaty body regime, and focus primarily on offering concrete suggestions for improvements in working methods of the treaty bodies and procedures at the Office of the High Commissioner for Human Rights (OHCHR). Professor Bayefsky details numerous proposals for bolstering national level partnerships, and for following-up the output of the treaty monitoring system as a key missing component of the implementation regime. One major reform requiring amendment is ultimately recommended, namely, consolidation of the human rights treaty bodies and the creation of two permanent committees, one for the consideration of state reports and one for complaints. All individuals, agencies, and organizations involved in the promotion, implementation, review, analysis, and study of human rights protection for all peoples will find this Report an indispensable resource for their work. It contains a unique overview of all the working methods of the six human rights treaty bodies, a detailed and thorough statistical analysis of the operation of the human rights treaty system, and a number of additional annexes which together provide a thorough and comprehensive understanding of the treaty system. The international human rights legal system is at a crossroads, with the ideal of universality threatened by the fundamental shortfalls in effective implementation. This Report offers a clear and substantive path to moving universality beyond rhetoric and towards a treaty regime meaningful and effective in the lives of everyday people.
This book is open access under a CC BY-NC 2.5 license. This book offers a devastating look at deeply flawed development processes driven by international finance, African governments and the global consulting industry. It examines major river basin development underway in the semi-arid borderlands of Ethiopia, Kenya and South Sudan and its disastrous human rights consequences for a half-million indigenous people. The volume traces the historical origins of Gibe III megadam construction along the Omo River in Ethiopia—in turn, enabling irrigation for commercial-scale agricultural development and causing radical reduction of downstream Omo and (Kenya's) Lake Turkana waters. Presenting case studies of indigenous Dasanech and northernmost Turkana livelihood systems and Gibe III linked impacts on them, the author predicts agropastoral and fishing economic collapse, region-wide hunger with exposure to disease epidemics, irreversible natural resource destruction and cross-border interethnic armed conflict spilling into South Sudan. The book identifies fundamental failings of government and development bank impact assessments, including their distortion or omission of mandated transboundary assessment, cumulative effects of the Gibe III dam and its linked Ethiopia-Kenya energy transmission 'highway' project, key hydrologic and human ecological characteristics, major earthquake threat in the dam region and widespread expropriation and political repression. Violations of internationally recognized human rights, especially by the Ethiopian government but also the Kenyan government, are extensive and on the increase—with collaboration by the development banks, in breach of their own internal operational procedures. A policy crossroads has now emerged. The author presents the alternative to the present looming catastrophe—consideration of development suspension in order to undertake genuinely independent transboundary assessment and a plan for continued development action within a human rights framework—forging a sustainable future for the indigenous peoples now directly threatened and for their respective eastern Africa states. Claudia Carr’s book is a treasure of detailed information gathered over many years concerning river basin development of the Omo River in Ethiopia and its impact on the peoples of the lower Omo Basin and the Lake Turkana region in Kenya. It contains numerous maps, charts, and photographs not previously available to the public. The book is highly critical of the environmental and human rights implications of the Omo River hydropower projects on both the local ethnic communities in Ethiopia and on the downstream Turkana in Kenya. David Shinn Former Ambassador to Ethiopia and to Burkina Faso Adjust Professor of International Affairs, The George Washington University, Washington D.C.
This major study of the International Court of Justice was the first comprehensive analysis of the issues confronting governments in reexamining the scope of their consent to the Court's jurisdiction. Topics include the suitability of various kinds of disputes for resolution by the Court; problems of non-appearance, non-participation, and non-performance; provisional measures; and more.
Illustrated with case studies from across the globe, Contesting Human Rights provides an innovative approach to human rights, and examines the barriers and changing pathways to the full realisation of these rights. Presenting a thorough proposal for the reframing of human rights, the volume suggests that new opportunities at, and below, the state level, and creative pathways of global governance can help reconstruct human rights in the face of modern challenges.
Weaving national narratives from stories of the daily lives and familiar places of local residents, Francoise Hamlin chronicles the slow struggle for black freedom through the history of Clarksdale, Mississippi. Hamlin paints a full picture of the town ov
Its opponents call it part of "the lunatic fringe," a justification for "black separateness," "the most embarrassing trend in American publishing." "It" is Critical Race Theory. But what is Critical Race Theory? How did it develop? Where does it stand now? Where should it go in the future? In this volume, thirty-one CRT scholars present their views on the ideas and methods of CRT, its role in academia and in the culture at large, and its past, present, and future. Critical race theorists assert that both the procedures and the substance of American law are structured to maintain white privilege. The neutrality and objectivity of the law are not just unattainable ideals; they are harmful actions that obscure the law's role in protecting white supremacy. This notion—so obvious to some, so unthinkable to others—has stimulated and divided legal thinking in this country and, increasingly, abroad. The essays in Crossroads, Directions, and a New Critical Race Theory—all original—address this notion in a variety of helpful and exciting ways. They use analysis, personal experience, historical narrative, and many other techniques to explain the importance of looking critically at how race permeates our national consciousness.
Human rights by Clifford R. Barnett.
Human Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system.Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today 'on trial'. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues.