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The European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II. In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme C...
Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
"This series showcases new scholarship exploring the backgrounds of human rights today. With an open-ended chronology and international perspective, the series seeks works attentive to the surprises and contingencies in the historical origins and legacies of human rights ideals and interventions. Books in the series will focus not only on the intellectual antecedents and foundations of human rights, but also on the incorporation of the concept by movements, nation-states, international governance, and transnational law"--
How did civil society function as a locus for reconciliation initiatives since the beginning of the 20th century? The essays in this volume challenge the conventional understanding of reconciliation as a benign state-driven process. They explore how a range of civil society actors - from Turkish intellectuals apologizing for the Armenian Genocide to religious organizations working towards the improvement of Franco-German relations - have confronted and coped with the past. These studies offer a critical perspective on local and transnational reconciliation acts by questioning the extent to which speech became an alternative to silence, remembrance to forgetting, engagement to oblivion.
A radical vision for the future of human rights as a fundamentally reconfigured framework for global justice. Reinventing Human Rights offers a bold argument: that only a radically reformulated approach to human rights will prove adequate to confront and overcome the most consequential global problems. Charting a new path—away from either common critiques of the various incapacities of the international human rights system or advocacy for the status quo—Mark Goodale offers a new vision for human rights as a basis for collective action and moral renewal. Goodale's proposition to reinvent human rights begins with a deep unpacking of human rights institutionalism and political theory in ord...
The definitive account of the historic diplomatic agreement that provided a blueprint for ending the Cold War The Helsinki Final Act was a watershed of the Cold War. Signed by thirty-five European and North American leaders at a summit in Finland in the summer of 1975, the document presented a vision for peace based on common principles and cooperation across the Iron Curtain. The Final Act is the first in-depth history of the diplomatic saga that produced this important agreement. This gripping book explains the Final Act's emergence from the parallel crises of the Soviet bloc and the West during the 1960s and the conflicting strategies that animated the negotiations. Drawing on research in eight countries and multiple languages, The Final Act shows how Helsinki provided a blueprint for ending the Cold War and building a new international order.
The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.
The right of peoples to self-determination seems well-settled and covered extensively in the scholarly record. Yet old Trotsky’s question – of whom is this right and to what? – haunts the self-determination literature. Somehow almost every work on it begins with an expression of puzzlement. This right turns out to be elusive, underdefined in its scope and content, paradoxical in almost every aspect. This book mobilises all powers of critical legal theory and modern philosophy to take the bull by its horns. Instead of ironing out the paradoxes, it aims to finally give them a proper explanation based on the concept of exception.
The European Court of Human Rights depends on the good faith cooperation of its members to implement judgement and maintain legitimacy, but how this translates into compliance varies both across and within states. This book presents an innovative framework for understanding how local cultures dynamically shape states’ ideas about what is and is not legitimate in international human rights regimes. The book investigates compliance as a product of cultural politics. Case studies from the United Kingdom, Germany, and Croatia reveal how states rely on local understanding of human rights and law to deal not only with compliance ‘sticking points’ but also to evaluate the legitimacy of the European human rights system as a whole.
The disintegration of Yugoslavia, accompanied by the emergence of new borders, is paradigmatically highlighting the relevance of borders in processes of societal change, crisis and conflict. This is even more the case, if we consider the violent practices that evolved out of populist discourse of ethnically homogenous bounded space in this process that happened in the wars in Yugoslavia in the 1990ies. Exploring the boundaries of Yugoslavia is not just relevant in the context of Balkan area studies, but the sketched phenomena acquire much wider importance, and can be helpful in order to better understand the dynamics of b/ordering societal space, that are so characteristic for our present situation.