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Human Rights and Radical Social Transformation
Against the recent backdrop of sociopolitical crisis, radical thinking and activism to challenge the oppressive operation of power has increased. Such thinkers and activists have aimed for radical social transformation in the sense of challenging dominant ways of viewing the world, including the neoliberal illusion of improving the welfare of all while advancing the interests of only some. However, a question mark has remained over the utility of human rights in this activity and the capability of rights to challenge, as opposed to reinforce, discourses such as liberalism, capitalism, internationalism and statism. It is at this point that the present work aims to intervene. Drawing upon crit...
The Times and Temporalities of International Human Rights Law
This collection brings together a range of international contributors to stimulate discussions on time and international human rights law, a topic that has been given little attention to date. The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses. A range of temporal ideas and their connection to this area of law are investigated. These include collective memory, ideas of past, present and future, emergency time, the times of environmental change, linearity and non-linearity, multiplicitous time, and the connections between time and space or materiality. Rather than a purely abstract or theoretical endeavour, this dedicated attention to the times and temporalities of international human rights law will assist in better understanding this law, its development, and its operation in the present. What emerges from the collection is a future – or, more precisely, futures – for time as a vehicle of analysis for those working within human rights law internationally.
Queer Engagements with International Law
This book explores times, spaces and imaginings relating to international law through the lens of queer theory. For some time now, queer theorists and legal scholars who think with queer theory have asked, what happens when queer theory moves out of its home base of gender and sexuality? The chapters in this book begin to answer this question by applying insights from queer theory to a diverse array of international law topics, from travaux préparatoires and international judging to the environment, oceans and outer space. While some contributions maintain a focus on gender and sexual diversity, all are characterised by a shift away from questions about LGBTIQA+ people towards wider discuss...
Feminist Theory and International Law
Feminist approaches to international law have been mischaracterised by the mainstream of the discipline as being a niche field that pertains only to women’s lived experiences and their participation in decision-making processes. Exemplifying how feminist approaches can be used to analyse all areas of international law, this book applies posthuman feminist theory to examine the regulation of new and emerging military technologies, international environmental law and the conceptualisation of the sovereign state and other modes of legal personality in international law. Noting that most posthuman scholarship to date is primarily theoretical, this book also contributes to the field of posthuma...
Law, Time and Historical Injustices
This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injus...
Religion and Human Rights
This book highlights perspectives from religious traditions worldwide, in conversation with other communities who promote, critique, or question the idea of human rights. It shows how human rights can provide a platform for dialogue among groups of people from diverse backgrounds who seek to address pressing issues of human well-being. In each chapter, readers will be introduced to religious and human rights perspectives on specific global issues. Intersecting with these issues, the work examines history and philosophy of human rights, for a generally accessible overview of human rights theory, foundations, and critique. Specific case studies woven through the book will also help both students and advocates – whether they are part of religious communities or not – engage more deeply with particular areas of concern. This volume is a useful resource for undergraduate students who are learning about the relationship between religion and human rights in a classroom for the first time, as well as upper-level and graduate students looking for a broad basis of knowledge and a starting point for digging deeper into specific areas of scholarship.
Performing Human Rights
This book enhances critical perspectives on human rights through the lens of performance studies and argues that contemporary artistic interventions can contribute to our understanding of human rights as a critical and embodied doing. This study is situated in the contemporary discourse of asylum and political art practices. It argues for the need to reimagine human rights as performative and embodied forms of recognition and practical honouring of our shared vulnerability and co-dependency. It contributes to the debate of theatre and migration, by understanding that contemporary asylum issues are complex and context specific, and that they do not only pertain to the refugee, migrant, asylum seeker or stateless person but also to privileged constituencies, institutional structures, forms of organisation and assembly. The book presents a unique mixed-methods approach that focuses equally on performance analyses and on political philosophy, critical legal studies and art history – and thus speaks to a range of politically interested scholars in all four fields.
Sex, Gender and International Human Rights Law
This book investigates the relationship between sex and gender under international human rights law, and how this influences the formation of individual subjects. Combining feminist, queer, and psychoanalytical perspectives, the author scrutinises the sexed/gendered human rights discourse, starting from the assumptions underpinning interpretations of sex, gender, and the related notions of gender identity, sex characteristics, and sexual orientation. Human rights law has so far offered only a limited account of the diversity of sexed/ gendered subjectivities, being based on a series of simplistic assumptions. Namely, that there are only two sexes and two genders; sex is a natural fact and ge...
Human Rights and the UN Universal Periodic Review Mechanism
The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. D...
The Struggle for Human Rights
The Struggle for Human Rights evaluates the themes of law, politics, and practice which define international human rights practice and scholarship. The essays examine foundational debates, critiquing the reform of human rights institutions and reflecting on the place of human rights in society.
