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Decolonizing Law
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up d...
Sustainable Development, International Law, and a Turn to African Legal Cosmologies
A pioneering study that challenges the legal orthodoxy of sustainable development in international law from a non-Western perspective.
Self-Determination as Voice
Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
Ghost Citizens
Ghost Citizens is about in situ stateless people, persons who live in a country they consider their own but which does not recognize them as citizens. Liew develops the concept of the “ghost citizen” to understand a global experience and a double oppression: of being invisible and feared in law. The term also refers to two troubling state practices: ghosting their own citizens and conferring ghost citizenship (casting persons as foreigners without legal proof). Told through an examination of law, legal processes and interviews with stateless persons and their advocates, this deeply researched book examines international and domestic jurisprudence as well as administrative decision making...
The Struggle for Human Rights
The Struggle for Human Rights evaluates the themes of law, politics, and practice which together define international human rights practice and scholarship. Taking as it's inspiration the 40 year career of international human rights advocate Philip Alston, this book of essays examines foundational debates central to the evolution of the human rights project. It critiques the reform of human rights institutions and reflects on the place of human rights practice in contemporary society. Bringing together leading scholars, practitioners, and critics of human rights from a variety of disciplines, The Struggle for Human Rights addresses the most urgent questions posed within the field of human rights today - its practice and its theory. Rethinking assumptions and re-evaluating strategies in the law, politics, and practice of international human rights, this book is essential reading for academics and human rights professionals around the world.
Decolonial Politics in European Peripheries
Decolonial Politics in European Peripheries: Redefining Progressiveness, Coloniality and Transition Efforts is a timely contribution to the project of theorizing "Europe" through decolonial perspectives on the Left, as the European and global crisis has prompted new reflections on what it means to sit still at the European "peripheries". The book explores how the joint scholarship efforts of postcolonial and postsocialist scholars might come up with better-grounded and more detailed theoretical and methodological insights into the process of globalization, and subsequent peripheralization, if framed under a progressive and leftist perspective. The authors, many from the South-East Europe reg...
Witness to the Human Rights Tribunals
On the twelfth floor of an undistinguished-looking high-rise in a Canadian city, a tribunal adjudicates the human rights of Indigenous individuals. Why isn’t the process working? First establishing the context with an in-depth look at the role of anthropological expertise in the courts, Witness to the Human Rights Tribunals then draws on testimony, ethnographic data, and years of tribunal decisions to show how specific cases are fought. Bruce Miller’s candid analysis reveals the double-edged nature of the tribunal itself, which re-engages with the trauma and violence of discrimination that suffuses social and legal systems while it attempts to protect human rights. Should the human rights tribunal system be replaced, or paired with an Indigenous-centred system? How can anthropologists promote understanding of the pervasive discrimination that Indigenous people face? This important book convincingly concludes that any reform must consider the problem of symbolic trauma before Indigenous claimants can receive appropriate justice.
Urban Spaces and Lifestyles in Central Asia and Beyond
This book assembles original ethnographic research into urban spaces and lifestyles in Central Asia, the Caucasus and Russia. Taken together, the case studies address cities as gateways to ‘new worlds’, both local and global, discuss ambitions of states at taming urban landscapes, and illustrate current trends of economic, religious and other li
Original Nation Approaches to Inter-National Law
This book introduces the Original Nation scholarship to examine the historical genealogy of the nation’s struggles against the state. A fundamentally different portrait of history, geography, politics, and the role of law emerges when the perspective of the nation and peoples is placed at the center of geopolitical analysis of global affairs. In contrast to traditional and canonical state-centric narratives, the Original Nation scholarship offers a diametrically distinct “on-the-ground” and “bottom-up” portrait of the struggle, resistance, and defiance of the nation and peoples. It exposes persistent global patterns of genocide, ecocide, and ethnocide that have resulted from attempts by the state to occupy, suppress, exploit, and destroy the nation. The Original Nation scholarship offers a powerful and widely applicable intellectual tool to examine the history of resilience, emancipatory struggles, and collective efforts to build a vibrant alternative world among the nation and peoples across the globe.
International Conflict Feminism
In this book, Vasuki Nesiah tells the story of the astonishing uptake of International Conflict Feminism (ICF) in the most powerful institutions of global governance. ICF refers to a repertoire of policy agendas and legal strategies allied with those institutions to focus on women’s vulnerabilities, fight impunity for sexual violence, and promote women’s roles in peace-building processes. ICF emerged from feminist networks anchored in the Global North that gained momentum in the aftermath of the Cold War. Although this volume offers a testament to ICF’s remarkable success, it also analyzes how this success was intertwined with the defeat of alternative visions and agendas, including a ...
