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Hitherto the human rights debate in Africa has concentrated on the legal and philosophical. The author, Professor of Law at the University of Dar es Salaam, here moves the debate to the social and political planes. He attempts to reconceptualise human rights ideology from the standpoint of the working people in Africa. He defines the approach as avoiding the pitfalls of the liberal perspective as being absolutist in viewing human rights as a central question and the rights struggle as the backbone of democratic struggles. The author maintains that such a study cannot be politically neutral or intellectually uncommitted. Both the critique of dominant discourse and the reconceptualisation are located within the current social science and jurisprudential debates.
Writings on the United States
Condorcet (1743–1794) was the last of the great eighteenth-century French philosophes and one of the most fervent américanistes of his time. A friend of Franklin, Jefferson, and Paine and a member of the American Philosophical Society, he was well informed and enthusiastic about the American Revolution. Condorcet’s writings on the American Revolution, the Federal Constitution, and the new political culture emerging in the United States constitute milestones in the history of French political thought and of French attitudes toward the United States. These remarkable texts, however, have not been available in modern editions or translations. This book presents first or new translations of all of Condorcet’s major writings on the United States, including an essay on the impact of the American Revolution on Europe; a commentary on the Federal Constitution, the first such commentary to be published in the Old World; and his Eulogy of Franklin, in which Condorcet paints a vivid picture of his recently deceased friend as the archetype of the new American man: self-made, practical, talented but modest, tolerant and free of prejudice—the embodiment of reason, common sense, and the liberal values of the Enlightenment.
State Responses to International Human Rights Pressure
International human rights pressure has been applied to numerous states with varying results. In Conflict and Compliance, Sonia Cardenas examines responses to such pressure and challenges conventional views of the reasons states do—or do not—comply with international law. Data from disparate bodies of research suggest that more pressure to comply with human rights standards is not necessarily more effective and that international policies are more efficient when they target the root causes of state oppression.
Cardenas surveys a broad array of evidence to support these conclusions, including Latin American cases that incorporate recent important declassified materials, a statistical analysis of all the countries in the world, and a set of secondary cases from Eastern Europe, South Africa, China, and Cuba. The views of human rights skeptics and optimists are surveyed to illustrate how state rhetoric and behavior can be interpreted differently depending on one's perspective.
Theoretically and methodologically sophisticated, Conflict and Compliance paints a new picture of the complex dynamics at work when states face competing pressures to comply with and violate international human rights norms.
Chinese and Canadian Perspectives
Confronting Discrimination and Inequality in China focuses on the most challenging areas of discrimination and inequality in China, including discrimination faced by HIV/AIDS afflicted individuals, rural populations, migrant workers, women, people with disabilities, and ethnic minorities. The Canadian contributors offer rich regional, national, and international perspectives on how constitutions, laws, policies, and practices, both in Canada and in other parts of the world, battle discrimination and the conflicts that rise out of it. The Chinese contributors include some of the most independent-minded scholars and practitioners in China. Their assessments of the challenges facing China in the areas of discrimination and inequality not only attest to their personal courage and intellectual freedom but also add an important perspective on this emerging superpower.
Weak States and U.S. National Security
Former Brookings Senior Fellow Susan E. Rice spearheads an investigation of the connections between poverty and fragile states and the implications for American security. Coedited by Rice and former Brookings colleagues Corinne Graff and Carlos Pascual, Confronting Poverty is a timely reminder that alleviating global poverty and shoring up weak states are not only humanitarian and economic imperatives, but key components of a more balanced and sustainable U.S. national security strategy.
Rice elucidates the relationship between poverty, state weakness, and transnational security threats, and Graff and Pascual offer policy recommendations. The book's overarching conclusions highlight the need to invest in poverty alleviation and capacity building in weak states in order to break the vicious cycle of poverty, fragility, and transnational threats.
Confronting Poverty grows out of a project on global poverty and U.S. national security that Rice directed at Brookings from 2002 through January 2009, before she became U.S. permanent representative to the United Nations.
Constitutional Democracy addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism. It is these theses that János Kis examines and tries to refute. Making the assumption that the alleged conflict is to be resolved at the level of institutions, he outlines a new theory of constitutional democracy. A wide range of problems encountered in constitutional democracy are discussed, such as the popular vote, popular sovereignty, and non-elected justices. The volume is composed of three parts. Part One, "Public Good and Civic Virtue", revisits the debate between liberals and democrats on how to interpret the democratic vote. In Part Two, "Liberal Democracy", the author proves that on the level of principles there is no incompatibility between liberalism and democracy and that liberal theory can demonstrate that democratic values follow from fundamental liberal values. In Part Three, "Constitutional Adjudication in a Democracy", the compatibility of democracy and judicial or constitutional review is analyzed and a theory of constitutionalism is outlined.
Inside the International Criminal Tribunal for Rwanda
How Noncitizens Made Sex Persecution Matter to the World
Selected by Choice magazine as an Outstanding Academic Title for 2009
Creating Human Rights offers the first systematic study of a pioneering women's refugee movement and its challenge, as an international trigger case, to more conventional paths toward human rights policy development. Lisa S. Alfredson argues that such cases, which unfold in the context of a specific country and have profound impacts on international human rights efforts, have been neglected in research and pose a challenge to recent theorizing on human rights change.
In the early 1990s, Canada witnessed the emergence of the world's first comprehensive refugee policy for women who were seeking protection from female-specific forms of violence—rape, domestic abuse, public stoning of adulterers, genital mutilation—while challenging a gender-biased system. Close examination of this novel movement, Alfredson contends, provides crucial insights into why and how states may articulate new human rights that set international precedents.
Analyzing original empirical data and sociopolitical historical trends, the book documents the decisive global impacts of the movement while shedding light on the paradox of noncitizen politics and asylum seekers' little recognized political strength. Contrary to expectation, findings suggest transnational networks and pressures are not required for some forms of change. Rather, international trigger cases illuminate a range of other key actors and advocacy strategies leading, subsequently, to a more comprehensive understanding of human rights acceptance.
In the case of the women's refugee movement, the convergence of human rights and noncitizen politics points toward a new dimension for human rights scholarship that, in the current age of globalization, is becoming critically important.
Documenting Genocide on Film, Video, and the Internet
Since the beginning of the conflict in 2003, more than 300,000 lives have been lost in Darfur. Players of the video game Darfur Is Dying learn this sobering fact and more as they work to ensure the survival of a virtual refugee camp. The video game not only puts players in the position of a struggling refugee, it shows them how they can take action in the real world.
Creating the Witness examines the role of film and the Internet in creating virtual witnesses to genocide over the last one hundred years. The book asks, how do visual media work to produce witnesses—audiences who are drawn into action? The argument is a detailed critique of the notion that there is a seamless trajectory from observing an atrocity to acting in order to intervene. According to Leshu Torchin, it is not enough to have a camera; images of genocide require an ideological framework to reinforce the messages the images are meant to convey. Torchin presents wide-ranging examples of witnessing and genocide, including the Armenian genocide, the Holocaust (engaging film as witness in the context of the Nuremburg trials), and the international human rights organization WITNESS and its sustained efforts to use video to publicize human rights advocacy and compel action.
From a historical and comparative approach, Torchin’s broad survey of media and the social practices around it investigates the development of popular understandings of genocide to achieve recognition and response—both political and judicial—ultimately calling on viewers to act on behalf of human rights.
The Law Confronts Hard Cases
The problem of prosecuting individuals complicit in the Nazi regime's "Final Solution" is almost insurmountably complex and has produced ever less satisfying results as time has passed. In Crimes of the Holocaust, Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, each legal action relies on the framework of its predecessors. However, this only compounds the problematic issues arising from the Nuremberg proceedings.
Meticulously combing volumes of testimony and documentary information about each case, Landsman offers judicious and critical assessments of the proceedings. He levels pointed criticism at numerous elements of this relatively recent judicial invention, sparing neither judges nor counsel and remaining keenly aware of the human implications. Deftly weaving legal analysis with cultural context, Landsman offers the first rigorous examination of these problematic proceedings and proposes guideposts for contemporary tribunals. Crimes of the Holocaust is an authoritative account of the Gordian knot of genocide prosecution in the world courts, which will persist as a confounding issue as we are faced with a trial of Saddam Hussein. This volume will be compelling reading for legal scholars as well as laypersons interested in these cases and the issues they address.