Human Rights Law Commons^™

Democratization In Afghanistan, Chris Rowe

Human Rights & Human Welfare

What determines whether a specific country embarks on the road to democracy, if it completes that voyage successfully, and finally consolidates democratic values, practices, and institutions? Analysts have debated these issues for decades and have identified a number of historical, structural, and cultural variables that help account for the establishment of successful democracies in some countries and its absence in others. Frequently cited prerequisites for democracy include social and economic modernization; a large and vibrant middle class; and cultural norms and values relating to politics.

Chechnya, Kelley Laird

Human Rights & Human Welfare

The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.

Georgia, James Smithwick

Human Rights & Human Welfare

The conflict between Chechnya and Russia combined with September 11 has focused more international attention on the Russian Caucuses. However, little has changed since America declared a War on Terror in the Republic of Georgia. The state turned a blind eye to religious persecution before September 11, and continues to do so. Multiple separatist movements persist in the same manner as they did prior to September 11.

Christina M. Cerna On The Development Of Positive Obligations Under The European Convention On Human Rights By The European Court Of Human Rights By Alastair Mowbray. Oxford: Hart Publishing, 2004. 239pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights by Alastair Mowbray. Oxford: Hart Publishing, 2004. 239pp.

Globalizing Democracy Or Democratizing Globalism?, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Transnational Democracy: Political Spaces and Border Crossings edited by James Anderson. London: Routledge, 2002. 224pp.

The Promise And Limitations Of International Human Rights Activism, Rebecca Evans

Human Rights & Human Welfare

A review of:

Breaking Silence: The Case that Changed the Face of Human Rights by Richard Alan White. Washington D.C.: Georgetown University Press, 2004. 320 pp.

Human Rights And Post-War Reconstruction: Introduction, Roberto Belloni

Human Rights & Human Welfare

The expression “post-war reconstruction,” commonly adopted by both practitioners and academics, is somewhat misleading. Reconstruction does not entail rebuilding or return to the pre– war state of affairs as the expression seems to suggest. Rather, reconstruction involves difficult multiple transitions: from war to peace, from a state to a market economy, and from authoritarianism to democracy. Each transition taken by itself would be daunting. Taken together, they can be almost overwhelming.

Protecting Indigenous Peoples, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

The Origins of Indigenism: Human Rights and the Politics of Identity by Ronald Niezen. Berkeley: University of California Press, 2003. 272pp.

and

Indigenous Peoples and the State: The Struggle for Native Rights by Bradley Reed Howard. Dekalb, IL: Northern Illinois University Press, 2003. 252pp.

Democratization In Iraq, Kate Lotz, Tim Melvin

Human Rights & Human Welfare

With the war in Iraq over, Coalition forces are still present as the cultivation of Iraqi democracy is underway. Coalition-led democratization in Iraq will prove to be a lengthy and complex objective, but one which will be pursued until successfully accomplished.

Europe, Victoria Lowdon, Angela Woolliams, Robin Davey

Human Rights & Human Welfare

Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.

Patrick Hayden On International Human Rights, Decolonisation And Globalisation: Becoming Human By Shelley Wright. London: Routledge, 2001. 274 Pp., Patrick Hayden

Human Rights & Human Welfare

A review of:

International Human Rights, Decolonisation and Globalisation: Becoming Human by Shelley Wright. London: Routledge, 2001. 274 pp.

Margot Morgan On The Politics Of Justice And Human Rights: Southeast Asia And Universalist Theory By Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 Pp., Margot Morgan

Human Rights & Human Welfare

A review of:

The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory by Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 pp.

Legitimacy, Justice, And The Future Of Africa, J. Peter Pham

Human Rights & Human Welfare

A review of:

Human Rights, the Rule of Law, and Development in Africa edited by Paul Tiyambe Zeleza and Philip J. McConnaughay. Philadelphia: University of Pennsylvania Press, 2004. 308 pp.

“Don’T Just Do Something, Stand There!” Humanitarian Intervention And The Drowning Stranger, Sundhya Pahuja

Human Rights & Human Welfare

A review of:

Just Intervention edited by Anthony F. Lang Jr. Washington D.C.: Georgetown University Press, 2003. 231 pp.

and

Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law by Anne Orford. Cambridge: Cambridge University Press, 2003. 243pp.

Supranationalism And The Superpower Rubicon, Imtiaz Hussain

Human Rights & Human Welfare

A review of:

The Chapter VII Powers of the United Nations Security Council by Erika de Wet. Portland, OR: Hart Publishing, 2004. 413pp.

Human Rights Investigation And Dialogue, Bronwyn Leebaw

Human Rights & Human Welfare

A review of:

Shattered Voices: Language, Violence, and the Work of Truth Commissions by Teresa Godwin Phelps. Philadelphia, PA: University of Pennsylvania Press, 2004. 180pp.

and

International Citizens’ Tribunals: Mobilizing Public Opinion to Advance Human Rights by Arthur Jay Klinghofer and Judith Apter Klinghofer. New York, NY: Palgrave, 2002. 272pp.

An American Tragedy: The Decline Of U.S. Unionism And Its Human Rights Implications, Peter Zwiebach

Human Rights & Human Welfare

A review of:

Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards by Lance Compa. Ithaca: Cornell University Press, 2004. 220pp.

A Life In The Realm Of Rights: A Man And A Movement’S History, Tom J. Farer

Human Rights & Human Welfare

A review of:

Taking Liberties: Four Decades in the Struggle for Human Rights by Aryeh Neier. New York: PublicAffairs. 400pp.

Democratization In Bosnia, Melanie Kawano, Amber Goodman, Chris Saeger

Human Rights & Human Welfare

Democratization in post-conflict, post-Dayton Bosnia has been characterized by many scholars as a “noble experiment”: the West’s guinea pig for internationally initiated post-communist democratization. In a state so wearied by war and dictatorship, democracy would be expected to take root quickly and flourish. However, due to various cultural and political influences, what the Dayton Peace Agreement originally intended to quickly lead to Bosnia’s self-governance has instead resulted in the state’s crippling dependence on external actors. The articles in this section of this bibliography explore the myriad influences (primarily under the umbrella of ethnicity) on the process.

State-Building In Bosnia, Chris Saeger

Human Rights & Human Welfare

Although the idea of state-building is at least as contentious as the idea of the state itself, international technocrats and foreign policymakers remain resigned to this project. International state-building has been conceived of as maintaining intermestic social order, protecting individual rights, and consolidating transnational linkages of power. Yet whatever the motive, effect or standard form of state-building, some political organization called “the state” is a necessary condition for membership in international society, if not for protecting individual human rights.

State-Building In Iraq, Hafsteinn Hafsteinnsson

Human Rights & Human Welfare

Whether the 2003 invasion of Iraq was principally strategic or humanitarian, the United States’ involvement in Iraq has become a complex state-building mission. While there is agreement within the international community on the importance of rebuilding a democratic Iraq, there are many conflicting viewpoints on how this operation should proceed.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

Iran, Syd Dillard

Human Rights & Human Welfare

The West has been conditioned to perceive Iran as hostile, suspect, and promoting terrorism. The conventional wisdom is that Iran is not an “open society”, but one where dissent is repressed. However, the literature, as in the quote above, paints a picture of diverse peoples and political thought. Yet diversity in popular attitudes does not preclude Iran from a troubling human rights record. The more reformers demand and speak out, the more repressive the regime becomes. In defense of these activities, Iran appeals to cultural and religious tradition. Outside its borders, Iran has also been either a sponsor or supporter …

Israel, Sydney Fisher

Human Rights & Human Welfare

Israel and Palestine have been in an “interim period” between full scale occupation and a negotiated end to the conflict for a long time. This supposedly intermediate period in the conflict has seen no respite from violations of Palestinians’ human rights or the suicide bombings affecting Israelis. This section will provide resources spanning the issues regarding Israel, Palestine and how the human rights dimensions of this conflict interact with the war on terror. The issue of how both sides will arrive at peace remains a mystery.

Pakistan, Susannah Compton, Toni Panetta

Human Rights & Human Welfare

Following armed hostilities in 1947-1949 between India and Pakistan, the region once known as the Princely State of Jammu and Kashmir was divided. The disputed territory continues to split relations between Pakistan and India and the threat of war has been a daunting force as recently as 2002.

The Usa Patriot Act, Toni Panetta

Human Rights & Human Welfare

The events of September 11, 2001 serve as the origin of the United States’ War on Terror as popularized by the Bush administration. Previously, American strategies to combat terrorism focused on attacks against its interests abroad, and support for other governments’ efforts to curb terrorist acts within their own boundaries. However, September 11 revealed vulnerability to violence by non-state actors within U.S. borders. In response, the United States reshaped its anti-terrorist strategies to prevent future attacks by targeting terrorists, foreign and domestic, known and potential.

Uganda, Simon Amajuru

Human Rights & Human Welfare

The war in northern Uganda is one against civilians. Although the government purports to be targeting Lord’s Resistance Army (LRA) rebels, it is well known that more than 80% of the current rebels were conscripted against their will. The war has continued for more than 17 years, caused displacement of more than 1. 6 million people, and left more than 100,000 people dead. Over 20,000 children have been abducted and forced to join the LRW ranks or become sex slaves, while over 50,000 children have turned into “night commuters” for fear of abductions.

U. S. Foreign Policy, Charles Hess

Human Rights & Human Welfare

The historical connection between U.S. foreign policy and human rights has been strong on occasion. The War on Terror has not diminished but rather intensified that relationship if public statements from President Bush and his administration are to be believed. Some argue that just as in the Cold War, the American way of life as a free and liberal people is at stake. They argue that the enemy now is not communism but the disgruntled few who would seek to impose fundamentalist values on societies the world over and destroy those who do not conform. Proposed approaches to neutralizing the …

Sri Lanka, Amanda Donahoe

Human Rights & Human Welfare

Sri Lanka has been entrenched in a civil war for two decades. As in ethnic conflicts in many other post-colonial countries, the different groups of Sri Lanka give loyalty primarily to the group, rather than to the entire country. The Sinhalese majority have slowly populated the government and treated the Tamil minority as a threat to national stability, instead of as candidates for conciliation and power sharing. Consequently, the Liberation Tigers of Tamil Eelam (LTTE) has taken up arms against the Sinhalese controlled government to fight for an independent homeland in the north and north-east parts of the country in …