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The concern over rising state violence, above all in Latin America, triggered an unprecedented turn to a global politics of human rights in the 1970s. Patrick William Kelly argues that Latin America played the most pivotal role in these sweeping changes, for it was both the target of human rights advocacy and the site of a series of significant developments for regional and global human rights politics. Drawing on case studies of Brazil, Chile, and Argentina, Kelly examines the crystallization of new understandings of sovereignty and social activism based on individual human rights. Activists and politicians articulated a new practice of human rights that blurred the borders of the nation-state to endow an individual with a set of rights protected by international law. Yet the rights revolution came at a cost: the Marxist critique of US imperialism and global capitalism was slowly supplanted by the minimalist plea not to be tortured.
Shows how Latin America was the crucible of the global human rights revolution of the 1970s.
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
The book examines how a certain way of governing, invoking exceptional measures for exceptional times, has become central to the workings of the European Union.
As bloody wars raged in Central America during the last third of the twentieth century, hundreds of North American groups “adopted” villages in war-torn Guatemala, Nicaragua, and El Salvador. Unlike government-based cold war–era Sister City programs, these pairings were formed by ordinary people, often inspired by individuals displaced by US-supported counterinsurgency operations. Drawing on two decades of work with former refugees from El Salvador as well as unprecedented access to private archives and oral histories, Molly Todd’s compelling history provides the first in-depth look at “grassroots sistering.” This model of citizen diplomacy emerged in the mid-1980s out of relationships between a few repopulated villages in Chalatenango, El Salvador, and US cities. Todd shows how the leadership of Salvadorans and left-leaning activists in the US concerned with the expansion of empire as well as the evolution of human rights–related discourses and practices created a complex dynamic of cross-border activism that continues today.
**Winner of the 2019 Sussex International Theory Prize** -- How climate change will affect our political theory - for better and worse Despite the science and the summits, leading capitalist states have not achieved anything close to an adequate level of carbon mitigation. There is now simply no way to prevent the planet breaching the threshold of two degrees Celsius set by the Intergovernmental Panel on Climate Change. What are the likely political and economic outcomes of this? Where is the overheating world heading? To further the struggle for climate justice, we need to have some idea how the existing global order is likely to adjust to a rapidly changing environment. Climate Leviathan provides a radical way of thinking about the intensifying challenges to the global order. Drawing on a wide range of political thought, Joel Wainwright and Geoff Mann argue that rapid climate change will transform the world's political economy and the fundamental political arrangements most people take for granted. The result will be a capitalist planetary sovereignty, a terrifying eventuality that makes the construction of viable, radical alternatives truly imperative.
Written in the intense political and intellectual tumult of the early years of the Weimar Republic, Political Theology develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.
The momentous story of how George Washington, Alexander Hamilton, and John Adams navigated the crises of the 1790s and in the process bound the states into a unified nation Today the United States is the dominant power in world affairs, and that status seems assured. Yet in the decade following the ratification of the Constitution, the republic's existence was contingent and fragile, challenged by domestic rebellions, foreign interference, and the always-present danger of collapse into mob rule. Carol Berkin reveals that the nation survived almost entirely due to the actions of the Federalist leadership -- George Washington, Alexander Hamilton, and John Adams. Reacting to successive crises, they extended the power of the federal government and fended off foreign attempts to subvert American sovereignty. As Berkin argues, the result was a spike in nationalism, as ordinary citizens began to identify with their nation first, their home states second. While the Revolution freed the states and the Constitution linked them as never before, this landmark work shows that it was the Federalists who transformed the states into an enduring nation.