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Human Rights Law

Case Western Reserve University School of Law

2007

Articles 1 - 22 of 22

Full-Text Articles in Law

Babes With Arms: International Law And Child Soldiers, Timothy Webster Jan 2007

Babes With Arms: International Law And Child Soldiers, Timothy Webster

Faculty Publications

This article examines advances in preventing children from participating in armed conflict. It references international human rights treaties, UN Security Council resolutions and jurisprudence from international courts to chart the course by which recruiting child soldiers became an international crime. At the same time, it calls on UN bodies – and the states that comprise them – to implement some of the many resolutions and veiled threats leveled at various groups and militias that use child soldiers.


A Note From The Editors, Blau, Alberto Moncada Jan 2007

A Note From The Editors, Blau, Alberto Moncada

Societies Without Borders

The article discusses various reports published within the issue including one on the pedagogical and epistemological borders that dominate in the U.S. academy and another on the realm of worldwide political order/disorder.


Beyond The Theory Of Imperialism: Global Capitalism And The Transnational State, Robinson Jan 2007

Beyond The Theory Of Imperialism: Global Capitalism And The Transnational State, Robinson

Societies Without Borders

Theories of a "new imperialism" assume that world capitalism in the 21st century is still made up of "domestic capitals" and that distinct national economies and world political dynamics are driven by US e orts to o set the decline in hegemony amidst heightened inter-imperialist rivalry. These theories ignore empirical evidence on the transnationalization of capital and the increasingly salient role of transnational state apparatuses in imposing capitalist domination beyond the logic of the inter-state system. I argue here that US interventionism is not a departure from capitalist globalization but a response to its crisis. The class relations of global …


Sociology As Documenting Dystopia: Imagining A Sociology Without Borders - A Critical Dialogue, Brunsma, Dave Overfelt Jan 2007

Sociology As Documenting Dystopia: Imagining A Sociology Without Borders - A Critical Dialogue, Brunsma, Dave Overfelt

Societies Without Borders

This is a dialogue between a teacher-student and a student-teacher in the discipline of sociology. Critical questions about the state of sociology are pursued in the context of a hegemonic American sociological enterprise. American sociology has become content with continuing to document dystopia, with exploiting those who struggle under societies' structural weight, leading to a discipline whose work reproduces the very structures of domination we study. Through this Freirean dialogue, we ponder epistemologies and pedagogies of justice, liberation, and humanity. We hope this critical dialogue will help spark more conversation towards imagining a sociology without borders - away from the …


The Bumpy Road From Accra To Addis Ababa: Recollections Of An Observer/Participant, Selassie Jan 2007

The Bumpy Road From Accra To Addis Ababa: Recollections Of An Observer/Participant, Selassie

Societies Without Borders

This article tells the story of the creation of the first pan-African organization - the Organization of African Unity (OAU) - and of some of the most crucial political events of postcolonial African a airs that preceded its establishment, notably the All-African Peoples Conference (AAPC) convened by Ghana's first President Dr. Kwame Nkrumah. Taking the form of an account of an observer-cum-participant of some momentous events in modern African history (such as the AAPC and OAU), it gives a sense of the passionate commitment to African freedom and dignity as well as the desire, on the part of some African …


Information Work And The Proletarian Condition Today: The Perception Of Brazilian Call Center Operators, Braga Jan 2007

Information Work And The Proletarian Condition Today: The Perception Of Brazilian Call Center Operators, Braga

Societies Without Borders

The increase in company outsourcing over the last two decades has led to the development of a new type of worker on the margins of the productive system: the Call Center operator. Responsible for a wide range of information services, the rapid expansion in call centers has stirred the interest of a number of researchers in different areas of knowledge. Analyzing the work of the call center operator, the article looks to deepen our comprehension of the sea-change currently affecting today's working class. In contrast to what many forecasted some 15 years ago, the information revolution has failed to dissolve …


Balkan Societies Of "Social Men": Transcending Gender Boundaries, Tarifa Jan 2007

Balkan Societies Of "Social Men": Transcending Gender Boundaries, Tarifa

Societies Without Borders

As transgender identities worldwide have begun to receive attention from students of gender and sexuality, a curious Balkan (but more specifically Albanian) tradition of female-to-male transgender ("sworn virgins") surviving to the present day - an obscure and ambiguous theme until recently - is worthy of sociological attention. The "sworn virgin" phenomenon is studied in a larger, ethno-cultural context, zipping through such complicated - and sociologically contentious - notions as patriarchy, blood-feud, destructive entitlement, etc. It is argued that the "sworn virgins" of the Balkans were forced to become "social men," assuming masculine social and family roles, due to specific economic …


Extraordinary Rendition, The Canadian Edition: National Security And Challenges To The Global Ban On Torture, Neve Jan 2007

Extraordinary Rendition, The Canadian Edition: National Security And Challenges To The Global Ban On Torture, Neve

Societies Without Borders

Since the September 11th terrorist attacks in the United States, concerns that counter-terrorism laws and practices are directly and indirectly causing human rights violations have mounted. Much of the international focus has been on the United States. This paper highlights, however, that it is a debate with a truly global dimension. The author examines particular concerns that Canadian law enforcement and security agencies may have been complicit in the imprisonment and torture abroad of Canadian citizens who were of interest in the context of national security investigations. The cases are situated in the wider debate about torture that has emerged …


The Us-Un Relationship And The Promotion Of Democratic Nation-Building, Pubantz Jan 2007

The Us-Un Relationship And The Promotion Of Democratic Nation-Building, Pubantz

Societies Without Borders

Since 1990, both the United Nations and the United States have promoted democratic nation-building in conflict areas. However, despite the common goal of creating stable democracies, the two entities have often worked at cross purposes. Following the 1993 debacle in Somalia, the United States largely deserted UN nation-building efforts and moved toward unilateral democracy promotion. Over the next decade US efforts were directed at establishing Lockean procedural democracies, defined largely in terms of civil and political institutions. In UN parlance, however, democracy has taken on a holistic meaning that provides for the inclusion of social, economic, and cultural factors. This …


"If That Is Heaven, We Would Rather Go To Hell": Contextualizing Us-Cuba Relations, Rumbaut, Rubén G. Rumbaut Jan 2007

"If That Is Heaven, We Would Rather Go To Hell": Contextualizing Us-Cuba Relations, Rumbaut, Rubén G. Rumbaut

Societies Without Borders

The history of Cuba is one of conquest and rebellion. Since the arrival of Columbus, it has had two colonial masters: Spain and the United States. Spain, after the collapse of its empire, ceased to be a threat to the peoples of America. Now, the Spanish are among the principal investors in Cuba, and make up a high percentage of tourists to the island. The United States, engaged in empire-building as sole superpower and continuing to pursue a half-century-old policy of regime change in Cuba, is still seen by the Cubans as the greatest threat to their independence and sovereignty. …


Knowledge As A Global Public Good: The Role And Importance Of Open Access, Verschraegen, Michael Schiltz Jan 2007

Knowledge As A Global Public Good: The Role And Importance Of Open Access, Verschraegen, Michael Schiltz

Societies Without Borders

This paper argues that knowledge should be considered as a global public good first and as a private right second. The argument is underpinned by the claim that the growing movements for source-, data-, and knowledge-sharing (Open Access, Open Source, Open Courseware, etc.) have enhanced our ability to facilitate the global production and dissemination of 'knowledge', so that more people in the world can enjoy its benefits. In contrast with the existing intellectual property regime - which does not succeed in balancing the public and private gains of knowledge - these movements and their corollary technologies have improved peoples' access …


Globalization And Politics Of Transformation In Africa: Nepad And Pitfalls Of Transnational Elite Developmental Projects, Sahle Jan 2007

Globalization And Politics Of Transformation In Africa: Nepad And Pitfalls Of Transnational Elite Developmental Projects, Sahle

Societies Without Borders

This article examines the New Partnership for Africa's Development initiative launched in 2001. The article discusses the political and economic conjuncture that resulted in the adoption of this initiative. In the main, the analysis demonstrates the ways in which the initiative dovetails well with the global neo-liberal project and, consequently, contests the claims by African ruling elites and their counter-parts in the global North that it represents a transformative framework for economic and political change for national social formations in Africa.


"Buying Sex Is Not A Sport" - A Campaign Against Trafficking In Women, Danna Jan 2007

"Buying Sex Is Not A Sport" - A Campaign Against Trafficking In Women, Danna

Societies Without Borders

In this article I present the use of the broad concept of trafficking in the "Buying Sex Is Not a Sport" campaign, launched by the Coalition Against Trafficking in Women (CATW) against German regulation of prostitution configuring prostitution as sex work. I trace the development of this 2006 campaign in which conservative and social-democratic parties, churches and anti-globalization organizations joined together at the international level. Finally, I trace the ideological and political reasons for the convergence of left-wing and right-wing forces, along with the analysis of some leftist theoretical texts on prostitution.


If We Build It They Will Come: Human Rights Violations And The Prison Industrial Complex, Smith, Angela Hattery Jan 2007

If We Build It They Will Come: Human Rights Violations And The Prison Industrial Complex, Smith, Angela Hattery

Societies Without Borders

This paper utilizes the concept of the Prison Industrial Complex (PIC) in order to examine the complex configuration comprised of the US prison system, multi-national corporations, small private businesses and the inmate population in the social and political economy of the 21st century US. Utilizing data on the PIC we pose the question: What is the purpose of prison, the rehabilitation of the inmates or the exploitation of prison labor? Specifically we argue, using Wright's neo-Marxist theory, that the current system of incarceration in the US mimics the exploitation characteristic of the slave plantation economy of the southern US, ripe …


Book Review Of The Witnesses: War Crimes And The Promise Of Justice In The Hague, Aspel Jan 2007

Book Review Of The Witnesses: War Crimes And The Promise Of Justice In The Hague, Aspel

Societies Without Borders

The article reviews the book "The Witnesses: War Crimes and the Promise of Justice in The Hague," by Eric Stover .


Book Review Of Challenging Authority, Klayman Jan 2007

Book Review Of Challenging Authority, Klayman

Societies Without Borders

The article reviews the book "Challenging Authority," by Frances Fox Piven.


Book Review Of Public Sociologies Reader, Klayman Jan 2007

Book Review Of Public Sociologies Reader, Klayman

Societies Without Borders

The article reviews the book "Public Sociologies Reader," edited by Judith R. Blau and Keri E. Iyall Smith.


Who Is Afraid Of T. H. Marshall? Or, What Are The Limits Of The Liberal Vision Of Rights?, Murray Jan 2007

Who Is Afraid Of T. H. Marshall? Or, What Are The Limits Of The Liberal Vision Of Rights?, Murray

Societies Without Borders

The liberal construction of the citizen is a man (sic) empowered with reciprocal rights to the nation state, which will maintain his dignity by providing work and welfare if he can prove need. The challenge for the new century is to find out whether we still can live in a finely balanced world of citizen/civil society state and capital from which these rights will flow. We need to understand why many of the rights died and subsequently to be able to redefine what it means to be a citizen; by taking into account the unequally weighted power relations that favor …


Viewing The Wreckage: Eco-Disaster Tourism In The Wake Of Katrina, Gould, Tammy L. Lewis Jan 2007

Viewing The Wreckage: Eco-Disaster Tourism In The Wake Of Katrina, Gould, Tammy L. Lewis

Societies Without Borders

Before hurricane Katrina, "cultural tourism" was Louisiana's second largest industry. Tourism agencies are now imploring potential tourists to visit New Orleans for "An eyewitness account of the events surrounding the worst natural disaster on American soil!" Economic need is driving tour agencies to construct 'eco-disaster tourism,' and the construction includes explicit causes of blame. Who is defining the new tourism? How is the controversy surrounding causation being negotiated in eco-disaster tour narratives? e main finding is that the big players in the tourism industry, namely Gray Line Tours, have maneuvered into a powerful position to rewrite the tourism narrative by …


Principles For Organic Public Sociology: Reflections On Publicly Engaged Research In The San Francisco Homeless Policy Field, Noy Jan 2007

Principles For Organic Public Sociology: Reflections On Publicly Engaged Research In The San Francisco Homeless Policy Field, Noy

Societies Without Borders

Interest in "public sociology" in the United States is a positive sign for researchers who seek to span the borders between academia and social change. However, it is important not to assume that just because sociological research is publicly oriented it will automatically advance human rights, justice, and ecological sustainability. Sociologists must critically consider principles for conducting public sociology if their work is to have a libratory outcome. This is particularly crucial when academic researchers attempt to directly work with marginalized social groups. In this article, I draw upon my experiences conducting a project of public sociology on local homeless …


Without Borders: Just One Border For Human Rights, Tayefi Jan 2007

Without Borders: Just One Border For Human Rights, Tayefi

Societies Without Borders

The author talks about the role of sociologists in defending human rights and promoting social security around the world. He said that those transnational forces such as lawyers, artists, librarians and writers are reflective movements to crash or break the monopolistic invasion of the masters of globalization. He claims that sociologists are hand in hand with other social activists to defend academic freedom and freedom of all people.


Book Review Of Vulnerability And Human Rights, Gran Jan 2007

Book Review Of Vulnerability And Human Rights, Gran

Societies Without Borders

The article reviews the book "Vulnerability and Human Rights," by Bryan S. Turner.