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"Examines the effectiveness of the citizen-petition mechanisms established by North American Free Trade Agreement's parallel labor and environmental accords. Reconceptualizes the changing roles of international law and transnational activism in shaping global and domestic politics"--Provided by publisher.
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
During the last two decades the judiciary has come to play an increasingly important political role in Latin America. Constitutional courts and supreme courts are more active in counterbalancing executive and legislative power than ever before. At the same time, the lack of effective citizenship rights has prompted ordinary people to press their claims and secure their rights through the courts. This collection of essays analyzes the diverse manifestations of the judicialization of politics in contemporary Latin America, assessing their positive and negative consequences for state-society relations, the rule of law, and democratic governance in the region. With individual chapters exploring Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Venezuela, it advances a comparative framework for thinking about the nature of the judicialization of politics within contemporary Latin American democracies.
During the past ten years, legal and political changes in the United States have dramatically altered the legalization process for millions of undocumented immigrants and their families. Faced with fewer legalization options, immigrants without legal status and their supporters have organized around the concept of the family as a political subject—a political subject with its rights violated by immigration laws. Drawing upon the idea of the “impossible activism” of undocumented immigrants, Amalia Pallares argues that those without legal status defy this “impossible” context by relying on the politicization of the family to challenge justice within contemporary immigration law. The culmination of a seven-year-long ethnography of undocumented immigrants and their families in Chicago, as well as national immigrant politics,Family Activism examines the three ways in which the family has become politically significant: as a political subject, as a frame for immigrant rights activism, and as a symbol of racial subordination and resistance. By analyzing grassroots campaigns, churches and interfaith coalitions, immigrant rights movements, and immigration legislation, Pallares challenges the traditional familial idea, ultimately reframing the family as a site of political struggle and as a basis for mobilization in immigrant communities.
Offering new and critical insights on global activism and power, it features case studies on China and Tibet, HIV/AIDS, climate change, child labour, the WTO, women and the UN, the global public sphere, world social forums and global civil society.
How the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as “high-risk” groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics as mobilizing against a colonial era anti-sodomy law, petitioning the courts for the recognition of gender identity, and stalling attempts to criminalize sexual labor, this book uniquely brings together the struggles of sex workers, transgender people, and gay groups previously studied separately. A closely observed look at the machinations behind recent victories for sexual minorities, this book is essential reading across several fields.
This book is an eye-opening account of transnational advocacy, not by environmental and rights groups, but by conservative activists. Mobilizing around diverse issues, these networks challenge progressive foes across borders and within institutions. In these globalized battles, opponents struggle as much to advance their own causes as to destroy their rivals. Deploying exclusionary strategies, negative tactics and dissuasive ideas, they aim both to make and unmake policy. In this work, Clifford Bob chronicles combat over homosexuality and gun control in the UN, the Americas, Europe and elsewhere. He investigates the 'Baptist-burqa' network of conservative believers attacking gay rights, and the global gun coalition blasting efforts to control firearms. Bob draws critical conclusions about norms, activists and institutions, and his broad findings extend beyond the culture wars. They will change how campaigners fight, scholars study policy wars, and all of us think about global politics.
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
The concept of 'human rights' as a universal goal is at the centre of the international stage. It is now a key part in discourse, treaties and in domestic jurisdictions. However, as this study shows, the debate around this development is actually about human rights law. This text scrutinizes the extent to which legalization shapes the human rights ideal, and surveys its ethical, political and practical repercussions. How does the law influence what we think about rights? What more is there to such rights than their legal protection? These expert contributors approach these questions from a range of perspectives: political theory/moral theory, anthropology, sociology, international law, international politics and political science, to deliver a diversity of methodologies. This book is essential reading for those wishing to develop a clear understanding of the relationship between human rights ideals and laws and for those working toward the fostering of a genuine human rights culture.
The first full-length study of the historic 2006 immigrant rights protests in the US, in which millions of Latinos participated.