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The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
Part I: Setting universal rights
Commentary on the European Convention and a groundbreaking work of theory which challenges human rights orthodoxy.
When the author embarked on her study, her aim was to approach former colonial officers with a view to analyzing processes of domination in the ex-Belgian Congo. However, after establishing a rapport with some of these officers, the author was soon forced to revise her initial assumptions, widely held in present-day Belgium: these officers were not the "baddies" she had expected to meet. Exploring the colonial experience through the respondents' memories resulted in a far more complex picture of the colonial situation than she had anticipated, again forcing her to question her original assumptions. This resulted not only in a more differentiated perspective on Belgian colonialist rule, but is also sensitized her as regards the question of anthropological understanding and of what constitutes historical fact. These two aspects of her work are reflected in this study that offers specific material on the way Belgian colonialism is remembered and reflects on its conditions of production, thus combining ethnographic analysis with a theoretical essay.
Are Human Rights for Migrants? Critical Reflections on the Status of Irregular Migrants in Europe and the United States examines upon the possibilities and limitations which arise from approaching the situation of migrants in human rights terms.
Illustrating the scope of this fascinating and wide-reaching subject to the student, this clear and concise text gives a broad introduction to international human rights law. Coverage includes regional systems of protection, the role of the UN, and a variety of substantive rights. The author skilfully guides students through the complexities of the subject, and then prepares them for further study and research. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter.
The continuous expansion of human rights can often appear to be positive, yet it provokes criticism. This volume argues against the internationalisation of human rights proving the world is moving from bilateralism to community interests, stating contentious supervision, evaluation, and substitution are far more common than genuine cooperation.
Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literature on human rights, legal pluralism, and international law.
The politics of deportation -- Living the law -- Surveillance and control -- Undecided present, uncertain futures -- On compliance and resistance
This volume argues that there exists an intimate relationship between the descriptor 'silence' and the political effect of human rights. It suggests that it is not possible to speak descriptively of 'the silencing of human rights' without also confronting the culpability of the human rights project within these silences.