Author: Ruti Teitel

Publisher: Oxford University Press

ISBN: 0199911681

Category: Political Science

Page: 320

View: 7504

In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
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Author: Ruti G. Teitel

Publisher: OUP USA

ISBN: 0195370910

Category: Law

Page: 304

View: 8152

Teitel presents an analysis of a recent change in international human-rights law. Offering examples from around the world she argues that post-Cold War history has witnessed a key transformation: the normative emphasis of the international legal order has been shifting from state security to human security.
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Author: Ruti Teitel

Publisher: Oxford University Press

ISBN: 0199707952

Category: Political Science

Page: 320

View: 7737

In Humanity's Law, renowned legal scholar Ruti Teitel offers a powerful account of one of the central transformations of the post-Cold War era: the profound normative shift in the international legal order from prioritizing state security to protecting human security. As she demonstrates, courts, tribunals, and other international bodies now rely on a humanity-based framework to assess the rights and wrongs of conflict; to determine whether and how to intervene; and to impose accountability and responsibility. Cumulatively, the norms represent a new law of humanity that spans the law of war, international human rights, and international criminal justice. Teitel explains how this framework is reshaping the discourse of international politics with a new approach to the management of violent conflict. Teitel maintains that this framework is most evidently at work in the jurisprudence of the tribunals-international, regional, and domestic-that are charged with deciding disputes that often span issues of internal and international conflict and security. The book demonstrates how the humanity law framework connects the mandates and rulings of diverse tribunals and institutions, addressing the fragmentation of global legal order. Comprehensive in approach, Humanity's Law considers legal and political developments related to violent conflict in Europe, North America, South America, and Africa. This interdisciplinary work is essential reading for anyone attempting to grasp the momentous changes occurring in global affairs as the management of conflict is increasingly driven by the claims and interests of persons and peoples, and state sovereignty itself is transformed.
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Humanity's Agreement to Live Together

Author: J. Kirk Boyd

Publisher: Berrett-Koehler Publishers

ISBN: 1605093319

Category: Law

Page: 222

View: 5367

"2048" tells the story of the most important social movement in the 21st century: humanity's agreement, in writing, to create a social order that will allow people to live together in peace and prosperity based upon human rights and the rule of law.
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Author: Ruti G. Teitel

Publisher: Oxford University Press

ISBN: 0190291133

Category: Law

Page: 256

View: 9509

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Whether one thinks of the Middle East, South Africa, the Balkans, Latin America, or Cambodia, an extraordinary amount of knowledge has been gained and processes instituted through transitional justice. No longer a byproduct or afterthought, transitional justice is unquestionably the driver of political change. In Globalizing Transitional Justice, Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book Transitional Justice published back in 2000. In this new book, Teitel focuses on the ways in which transitional justice concepts have found legal expression, especially through human rights law and jurisprudence, and international criminal law. These essays shed light on some of the difficult choices encountered in the design of transitional justice: criminal trials vs. amnesties, or truth commissions; domestic or international processes; peace and reconciliation vs. accountability and punishment. Transitional justice is considered not only in relation to political events and legal developments, but also in relation to the broader social and cultural tendencies of our times.
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Author: Jeremy Farrall,Hilary Charlesworth

Publisher: Routledge

ISBN: 1317338391

Category: Political Science

Page: 304

View: 505

The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
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Author: Tamara Wilhite

Publisher: Tamara Wilhite

ISBN: 0977203425

Category: Fiction

Page: 156

View: 5899

What makes one human? This is a question which had been pondered for centuries. This collection of short stories helps the reader further ponder this question.
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A Colonial History

Author: Samera Esmeir

Publisher: Stanford University Press

ISBN: 0804783144

Category: History

Page: 384

View: 7644

In colonial Egypt, the state introduced legal reforms that claimed to liberate Egyptians from the inhumanity of pre-colonial rule and elevate them to the status of human beings. These legal reforms intersected with a new historical consciousness that distinguished freedom from force and the human from the pre-human, endowing modern law with the power to accomplish but never truly secure this transition. Samera Esmeir offers a historical and theoretical account of the colonizing operations of modern law in Egypt. Investigating the law, both on the books and in practice, she underscores the centrality of the "human" to Egyptian legal and colonial history and argues that the production of "juridical humanity" was a constitutive force of colonial rule and subjugation. This original contribution queries long-held assumptions about the entanglement of law, humanity, violence, and nature, and thereby develops a new reading of the history of colonialism.
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Author: Benoit Mayer

Publisher: Cambridge University Press

ISBN: 1108419879

Category: Law

Page: 334

View: 8576

A synthesis of the relevant agreements, customary norms and ongoing discussions on the international law on climate change.
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Author: Britta van Beers,Luigi Corrias,Wouter G. Werner

Publisher: Cambridge University Press

ISBN: 113986808X

Category: Political Science

Page: N.A

View: 3395

The concepts of humanity, human dignity and mankind have emerged in different contexts across international law and biolaw. This raises many different questions. What are the aims for which 'humanity' is mobilised? How do these aims affect the ensuing interpretations of this concept? What are the negative counterparts of humanity, mankind and human dignity? And what happens if a concept developed in one particular context is taken up in another? By bringing together research from international law, biolaw and legal theory, this volume answers such questions by analysing how the concepts overlap and contradict each other across the disciplines. The result is not an examination of what humanity is but rather what it does and what it brings about in a variety of contexts.
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God and Humanity in Conflict

Author: Robert Burt

Publisher: Harvard University Press

ISBN: 0674064879

Category: Law

Page: 400

View: 4933

In this bold exploration of the political theory of the Hebrew and Christian Bibles, Burt shows that God’s authority is no less inherently problematic and in need of justification than the legitimacy of secular government. He paints a surprising picture of the ambivalent, mutually dependent relationship between God and his peoples.
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Author: Mary Ellen O'Connell

Publisher: Oxford University Press

ISBN: 9780199831029

Category: Political Science

Page: 408

View: 1096

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.
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Author: Weiwei Ai

Publisher: Princeton University Press

ISBN: 1400890349

Category: Art

Page: 168

View: 6238

Writings on human life and the refugee crisis by the most important political artist of our time Ai Weiwei (b. 1957) is widely known as an artist across media: sculpture, installation, photography, performance, and architecture. He is also one of the world's most important artist-activists and a powerful documentary filmmaker. His work and art call attention to attacks on democracy and free speech, abuses of human rights, and human displacement--often on an epic, international scale. This collection of quotations demonstrates the range of Ai Weiwei's thinking on humanity and mass migration, issues that have occupied him for decades. Selected from articles, interviews, and conversations, Ai Weiwei's words speak to the profound urgency of the global refugee crisis, the resilience and vulnerability of the human condition, and the role of art in providing a voice for the voiceless. Select quotations from the book: "This problem has such a long history, a human history. We are all refugees somehow, somewhere, and at some moment." "Allowing borders to determine your thinking is incompatible with the modern era." "Art is about aesthetics, about morals, about our beliefs in humanity. Without that there is simply no art." "I don't care what all people think. My work belongs to the people who have no voice."
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Law, Principles, and Policy

Author: Marko Milanovic

Publisher: OUP Oxford

ISBN: 0191504807

Category: Law

Page: 304

View: 8542

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.
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How International Law Constitutes Authority

Author: Evan J. Criddle,Evan Fox-Decent

Publisher: Oxford University Press

ISBN: 0199397929

Category: Authority

Page: 392

View: 9953

Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.
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Exploring the Acquis Humanitaire

Author: Dug Cubie

Publisher: Bloomsbury Publishing

ISBN: 1509904034

Category: Law

Page: 400

View: 3867

The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all too real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the on-going conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises. The International Legal Protection of Persons in Humanitarian Crises argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering wherever it may be found permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by States and other actors in times of armed conflict, population displacement and disaster. Dug Cubie argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened.
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Confrontations with Humanity's Worst Criminals and the Culture of Impunity

Author: Carla Del Ponte,Chuck Sudetic

Publisher: Other Press, LLC

ISBN: 1590515374

Category: Biography & Autobiography

Page: 448

View: 2273

Carla Del Ponte won international recognition as Switzerland's attorney general when she pursued cases against the Sicilian mafia. In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo. These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants–political leaders and diplomats, soldiers and spies–assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma –"the wall of rubber"– a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.
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Author: Britta van Beers,Luigi Corrias,Wouter G. Werner

Publisher: Cambridge University Press

ISBN: 1107048184

Category: Law

Page: 328

View: 2700

The concepts of humanity, human dignity and mankind have emerged in different contexts across international law and biolaw. This raises many different questions. What are the aims for which 'humanity' is mobilised? How do these aims affect the ensuing interpretations of this concept? What are the negative counterparts of humanity, mankind and human dignity? And what happens if a concept developed in one particular context is taken up in another? By bringing together research from international law, biolaw and legal theory, this volume answers such questions by analysing how the concepts overlap and contradict each other across the disciplines. The result is not an examination of what humanity is but rather what it does and what it brings about in a variety of contexts.
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Practicing Holistic, Problem-solving Law

Author: J. Kim Wright

Publisher: American Bar Association

ISBN: 9781604428629

Category: Law

Page: 518

View: 3561

Lawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need.
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Author: Dr Vesselin Popovski

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472428056

Category: Law

Page: 232

View: 6964

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.
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