Mark Gibney - Böcker

The central question taken up by this essay collection is the degree to which judges have—or have not—served as protectors of human rights. Although the judiciary is nominally a part of the governing structure, it is also nearly always the case that it stands apart from the political actors who make and carry out policy. Thus, Gibney and Frankowski contend, judges have not designed or carried out the myriad human rights violations that are so common in the world today.The key question asked in this volume is to what extent have courts merely abided by egregious practices, or perhaps have even lent a cover of legitimation—or conversely, the degree to which courts have purposely attempted to bring about some change in stemming governmental abuses. No single volume could cover every country experiencing gross levels of human rights abuses. The effort here has been to provide a cross section of judicial systems throughout the world, and to focus on judicial systems that have become involved in addressing human rights issues.

The immigration problem, which has been debated in the United States for over a century, is not likely to go away--least of all with the numbers of refugees and displaced and impoverished workers continuing to mount worldwide. The current bitterness and legislative stalemate over immigration policy are indications that new approaches to the issue need to be found. Removing himself from the specifics of the current congressional debate, Mark Gibney asks whether we are addressing the right questions and employing the correct criteria under our present admission practices. From a political-philosophical standpoint, the author looks at the fundamental social and moral questions that should be at the basis of any immigration policy: how do we distinguish between members and strangers, and do some strangers have more compelling claims than others for admission to this country?

Immigration and refugee policies have traditionally been based on two assumptions: first, that national sovereignty implies absolute control of a country's borders and, second, that outsiders are to be admitted only when it serves the national interest. Moral or ethical concerns have not played a central role in policy formation anywhere in the world. This collection of essays challenges the traditional politically oriented position, analyzes the moral issues involved, and develops models for morally responsible immigration and refugee policies in a contemporary political setting. The editor's introduction reviews the history of U.S. immigration policy and provides a framework for considering immigration control issues. Written by leading authorities on immigration and refugee policy, this provocative volume offers an honest, sensitive exploration of some of the most difficult questions facing contemporary society. It will be of interest for studies in ethics, human rights, public policy, and political economy, as well as to general readers concerned with immigration and refugee issues.

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes.The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR).The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

First Published in 2003. Of all the humanitarian impulses in world politics today, one of the most widely recognized is the need to protect refugees. However, as The Problems of Protection explores, what on the surface appears to be a simple proposition can quickly become complex and controversial. This complexity results in troubling variation in how we respond to our obligation to protect refugees--while NATO launches a major military intervention on behalf of Albanians in Kosovo amidst worldwide media attention, the international community's response to Sierra Leonean refugees is slow, inefficient and inadequate. Who qualifies as a refugee in need of protection? Should refugees be returned as soon as possible, or integrated into safer host countries? The contributors to this volume address the often lacking political will among powerful countries and donors, shifting attitudes among affected countries, and the difficulty of rebuilding societies in a world in which the number of refugees will almost certainly continue to increase.

First Published in 2003. Of all the humanitarian impulses in world politics today, one of the most widely recognized is the need to protect refugees. However, as The Problems of Protection explores, what on the surface appears to be a simple proposition can quickly become complex and controversial. This complexity results in troubling variation in how we respond to our obligation to protect refugees--while NATO launches a major military intervention on behalf of Albanians in Kosovo amidst worldwide media attention, the international community's response to Sierra Leonean refugees is slow, inefficient and inadequate. Who qualifies as a refugee in need of protection? Should refugees be returned as soon as possible, or integrated into safer host countries? The contributors to this volume address the often lacking political will among powerful countries and donors, shifting attitudes among affected countries, and the difficulty of rebuilding societies in a world in which the number of refugees will almost certainly continue to increase.

In a turnabout of the cynical belief that might makes right, nations now see fit to issue apologies to peoples and countries they have wronged. We live in an age that seeks to establish political truth, perhaps best exemplified by the creation of truth commissions in societies seeking to emerge from dictatorial pasts. The most noteworthy result of these efforts has been the near-universal realization that a society will not be able successfully to pass into the future until it somehow deals with the horrors of its past.A number of Western states and institutions have sought to come to terms with their relationships to non-Western states and peoples. Powerful actors and institutions are apologizing to the relatively powerless. What do these apologies mean? Are they an indication of a new international order, either politically or as they relate to international law? Or are these apologies fleeting and insignificant? In The Age of Apology twenty-two law, politics, and human rights scholars explore the legal, political, social, historical, moral, religious, and anthropological aspects of Western apologies in an attempt to answer these questions. Conversely, a nonapology might be as important to study, and several chapters discuss the absence or refusal of apology and how this might be interpreted.

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights.Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world-where public and private international actors have great influence on the lives of individuals everywhere-it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states.From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes.The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR).The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

Accessible and engaging, The Politics of Human Rights offers a fresh, empirical approach to understanding human dignity and the global responsibility to protect it. Unlike traditional texts, this textbook moves beyond theory, using data-driven insights to explore why human rights violations occur and how they can be prevented. It emphasizes shared responsibility across borders to uphold human rights. Designed for students and educators, this fully updated edition enhances learning with discussion questions, recommended readings, and a unique collection of films, podcasts, and websites that bring human rights issues to life. It provides a well-rounded perspective, grounded in latest social scientific research, for anyone interested in human rights. Whether used for introductory courses or interdisciplinary studies, this book equips readers with the knowledge and tools to critically engage with human rights issues, making it an essential resource for understanding and advocating for human dignity in the twenty-first century.

Accessible and engaging, The Politics of Human Rights offers a fresh, empirical approach to understanding human dignity and the global responsibility to protect it. Unlike traditional texts, this textbook moves beyond theory, using data-driven insights to explore why human rights violations occur and how they can be prevented. It emphasizes shared responsibility across borders to uphold human rights. Designed for students and educators, this fully updated edition enhances learning with discussion questions, recommended readings, and a unique collection of films, podcasts, and websites that bring human rights issues to life. It provides a well-rounded perspective, grounded in latest social scientific research, for anyone interested in human rights. Whether used for introductory courses or interdisciplinary studies, this book equips readers with the knowledge and tools to critically engage with human rights issues, making it an essential resource for understanding and advocating for human dignity in the twenty-first century.

In this edited volume, leading experts of human rights measurement address the challenges scholarship of human rights face as well as explore approaches and means to overcoming them.The book seeks to further answer three specific and related questions. First, what do existing measures of human rights conditions tell us about the state of human rights? Are conditions improving or deteriorating? Second, how might scholars improve their measurement efforts and observe states’ human rights practices given efforts by governments to hide human rights abuses and to make them essentially “unobservable”? Finally, what challenges might scholars encounter in the future as the conceptualization of human rights develops and changes, and as new methods and technologies (e.g., natural language processing, machine learning) are introduced into the study of human rights? This book will be of interest to students and scholars of human rights politics, power, development, and governance. The chapters in this book were originally published as a special issue of Journal of Human Rights.

In this edited volume, leading experts of human rights measurement address the challenges scholarship of human rights face as well as explore approaches and means to overcoming them.The book seeks to further answer three specific and related questions. First, what do existing measures of human rights conditions tell us about the state of human rights? Are conditions improving or deteriorating? Second, how might scholars improve their measurement efforts and observe states’ human rights practices given efforts by governments to hide human rights abuses and to make them essentially “unobservable”? Finally, what challenges might scholars encounter in the future as the conceptualization of human rights develops and changes, and as new methods and technologies (e.g., natural language processing, machine learning) are introduced into the study of human rights? This book will be of interest to students and scholars of human rights politics, power, development, and governance. The chapters in this book were originally published as a special issue of Journal of Human Rights.

Networks play a central role in the human rights field. Expert contributors in this book explain how different types of networks form and shape outcomes globally. Together, they demonstrate how connections among scholars, practitioners and activists drive knowledge sharing and collaboration across disciplines, spurring innovation to address global challenges such as inequality and injustice.Each chapter offers insights from personal experiences of building and sustaining diverse networks across traditional academic boundaries. Contributors examine the role of technology (including digital platforms, social media and podcasts) in expanding a network. They offer practical advice for overcoming systemic challenges such as resource constraints and gender bias. Chapters highlight case studies of successful human rights networking projects, emphasising how academic research can influence real-world advocacy. Reflecting on the dynamism and resilience of the human rights field, the book ultimately sheds light on the transformative power and joy of community building among people working in this space.The Role of Networks in Advancing Human Rights is an essential read for academics and practitioners across human rights, international relations and law seeking effective strategies for collaboration, advocacy and innovation in their work.

International Law: Our Common Future offers a dynamic approach to the study of international law that actively engages students in ways that more traditional textbooks do not. One way this is achieved is by focusing on recent events, including international terrorism, extraordinary rendition, the legality of drone strikes, environmental devastation, and human rights. Another is by having students wrestle with actual court rulings rather than being given short summaries of these decisions. These cases, which are from a wide array of international, regional, and domestic tribunals, are followed by a series of provocative and challenging questions and prompts that will naturally lead to classroom discussion and debate. The book recognizes the importance of visual media in terms of student learning. In addition to photographs of individuals and events that feature prominently in the development of international law, each chapter has sections entitled "International Law at the Movies" which highlight feature films and documentaries that explore the topic at hand. What students will quickly come to realize is that international law is not a distant and abstract entity, but rather, is intimately connected to various aspects of their daily lives. The book shows some of the remarkable changes in international law, most notably the declining importance of the role of the state. As a final point, the book is written in an engaging, almost conversational, style that is accessible to students in a wide array of academic disciplines. FEATURES OF THIS INNOVATIVE TEXT This book is specifically designed to appeal to student interest, to promote active learning, and to integrate carefully edited court cases with explanatory text. Here are just a few of the features devoted to achieving these goals: Boxed text highlighting current events “International Law at the Movies” boxes Photos illustrating key moments and figures in international law Cases carefully edited and set off from the main text Notes and Comments following court case excerpts References for each chapter divided into key types of sources including Books and Articles, Reports, Agreements, and Cases (international, regional, and domestic tribunals) Glossary of key terms putting terms in context with events Filmography Table of Cases with links to original sourcesA NOTE ABOUT THE COVER ART Title: “María, inside since April 14, 2014” Artist: Ben BetsalelThe cover image is from a prison project in Colombia, "Human Beings Inside and Outside," done in collaboration with the International Committee of the Red Cross (ICRC).

International Law: Our Common Future offers a dynamic approach to the study of international law that actively engages students in ways that more traditional textbooks do not. One way this is achieved is by focusing on recent events, including international terrorism, extraordinary rendition, the legality of drone strikes, environmental devastation, and human rights. Another is by having students wrestle with actual court rulings rather than being given short summaries of these decisions. These cases, which are from a wide array of international, regional, and domestic tribunals, are followed by a series of provocative and challenging questions and prompts that will naturally lead to classroom discussion and debate. The book recognizes the importance of visual media in terms of student learning. In addition to photographs of individuals and events that feature prominently in the development of international law, each chapter has sections entitled "International Law at the Movies" which highlight feature films and documentaries that explore the topic at hand. What students will quickly come to realize is that international law is not a distant and abstract entity, but rather, is intimately connected to various aspects of their daily lives. The book shows some of the remarkable changes in international law, most notably the declining importance of the role of the state. As a final point, the book is written in an engaging, almost conversational, style that is accessible to students in a wide array of academic disciplines. FEATURES OF THIS INNOVATIVE TEXT This book is specifically designed to appeal to student interest, to promote active learning, and to integrate carefully edited court cases with explanatory text. Here are just a few of the features devoted to achieving these goals: Boxed text highlighting current events “International Law at the Movies” boxes Photos illustrating key moments and figures in international law Cases carefully edited and set off from the main text Notes and Comments following court case excerpts References for each chapter divided into key types of sources including Books and Articles, Reports, Agreements, and Cases (international, regional, and domestic tribunals) Glossary of key terms putting terms in context with events Filmography Table of Cases with links to original sourcesA NOTE ABOUT THE COVER ART Title: “María, inside since April 14, 2014” Artist: Ben BetsalelThe cover image is from a prison project in Colombia, "Human Beings Inside and Outside," done in collaboration with the International Committee of the Red Cross (ICRC).

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.

This clear and compelling textconfronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights enforcement, unquestionably the weakest aspect of international human rights law. He proposes several practical models that could begin to provide victims the “effective remedy” promised by the law itself. The book concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on. And rather than witnessing the end of human rights—as some have suggested—we should see our times as the true beginning.

This clear and compelling textconfronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights enforcement, unquestionably the weakest aspect of international human rights law. He proposes several practical models that could begin to provide victims the “effective remedy” promised by the law itself. The book concludes that there is a moral and legal imperative to return to the universal principles human rights were founded on. And rather than witnessing the end of human rights—as some have suggested—we should see our times as the true beginning.

This book documents the current global refugee crisis and examines the interrelated factors of immigration enforcement, international human rights law, political violence, and refugee protection.There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second, our interpretation of international human rights law allows this state of affairs to worsen.Refugee protection has been a longstanding policy that ostensibly protects victims of human rights violations from other countries. In actuality, protection is largely negated by systematic efforts by industrialized states to reduce the number of refugees arriving at the borders. This book provides a comprehensive examination of this worldwide problem and rejects the idea that the majority of asylum seekers abuse the system to gain entrance into the country.Provides the latest empirical data covering the last 30 years, analyzing the human rights practices of the states that produce the majority of the world's asylum seekers Includes a chapter of over 40 biographies of distinguished refugees from all over the world.Contains primary source documents of international treaties and protocols related to refugees, as well as data figures revealing statistical trends of asylum seekers and displaced persons

In order to be able to protect human rights, it is first necessary to see the denial of those rights. Aside from experiencing human rights violations directly, either as a victim or as an eyewitness, more than any other medium film is able to bring us closer to this aspect of the human experience. Yet, notwithstanding its importance to human rights, film has received virtually no scholarly attention and thus one of the primary goals of this book is to begin to fill this gap. From an historical perspective, human rights were not at all self-evident by reason alone, but had to gain standing through an appeal to human emotions found in novels as well as in works of moral philosophy and legal theory. Although literature continues to play an important role in the human rights project, film is able to take us that much further, by universalizing the particular experience of others different from ourselves, the viewers. Watching Human Rights analyzes more than 100 of the finest human rights films ever made-documentaries, feature films, faux documentaries, animations, and even cartoons. It will introduce the reader to a wealth of films that might otherwise remain unknown, but it also shows the human rights themes in films that all of us are familiar with.