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US Counterterrorism and the Human Rights of Foreigners Abroad
This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms – coercion and strategic learning – which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations.
Border Deaths at Sea under the Right to Life in the European Convention on Human Rights
This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court’s creativity in bridging...
Understanding Domestic Violence as a Gender-based Human Rights Violation
Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on ...
Human Rights and Political Dissent in Central Europe
This volume examines to what extent the positive atmosphere created by the Helsinki Accords contributed to the change in political circumstances seen in the countries of Central Europe, under Soviet domination. It focuses in particular on - firstly - a consequent new impetus to bolster human rights in international politics, as Western democracies - especially the US - integrated human rights concerns into its foreign policy relations with Soviet Bloc countries and - secondly – how this Western embrace of human rights seemed to create new incentives for increased dissident activity in Central and Eastern Europe and from 1976 onward. Finally, the book reminds us of the significant role of the Helsinki Accords in developing democratic practices in Eastern European societies under Soviet domination in 1975-1989 and in creating the conditions for the peaceful transition to democratic government in the years that followed. This book will be of key interest to scholars and students of the history of communism, post-Soviet, Russian, and central and East European politics, the history of human rights, and democratization.
State-Building, Rule of Law, Good Governance and Human Rights in Post-Soviet Space
This edited book analyses the issues of state-building, the rule of law and good governance, and human rights in the post-Soviet space after 30 years from the USSR dissolution. In doing so, it assesses the presence (or absence) and the level of influence of the Soviet legacies in the constructed political and legal systems of the post-Soviet republics. Assessing whether individual’s interests are protected in theory and practice, the book conceptualizes the legacies that the Soviet Union left in the post-Soviet space after 30 years of disintegration. This book will be of key interest to scholars and students of human rights, governance, democratization studies, post-Soviet and Russia studies, and more widely to comparative politics, political economy, humanitarian studies and political history.
International Attention and the Protection of Human Rights Defenders
This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the ‘human rights defender’ term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk.
Minorities, Free Speech and the Internet
Minorities, Free Speech and the Internet explores the regulation of free speech online and offline. Views are divided as to how much regulation of the Internet is appropriate. Some argue that it should be an unregulated space for free content. On the other hand, in many democracies, online hate speech, harassment and xenophobia are prohibited and punished. This book provides a forum for leading international scholars to address domestic and comparative dimensions of this complex legal conundrum. First, the authors analyse the free speech and Internet regulations in different legal cultures, including the United States, Europe, China and Russia. Second, they study fake news, extreme right speech and the implications of hate speech on pluralistic society. Third, they examine different case law addressing minority sensibilities, historical discriminations, offensive propaganda and other issues particularly concerning minorities and free speech. This book will be of interest to students and scholars interested in the topics of hate speech and minorities, democracy, misinformation and debates about the Internet, as well as political science researchers.
US Counterterrorism and the Human Rights of Foreigners Abroad
This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms - coercion and strategic learning - which expla...
