Other International and Area Studies Commons^™

Backlash To The European Court Of Human Rights: The Case Of Russia, Cole Kovarik, Courtney Hillebrecht

UCARE: Research Products

Since the end of World War II, the international community has forged human rights accountability systems that have since become increasingly important. The good work done by these international tribunals has come under threat more and more by a process of backlash called tribunal capture, or “the politics of states and individual political leaders seeking to undermine the tribunals by working within the judicialized and legalized landscape of international human rights law” (Hillebrecht). The European Court of Human Rights (ECtHR) is no exception; since its foundation, it has been largely utilized. However, lack of compliance with its rulings remains to …

Treatment And Evolution Of Digital Rights: A Comparative Analysis Of China, Russia, The United States, And Germany, Karina Barbesino

Honors Program Theses

The internet and digital technologies allow for the recognition, advocation, and protection of human rights. People around the world have access to faster and exponentially more information than ever before. The possibilities for education, politics, healthcare, work, and equality have greatly expanded. The internet provides new opportunities for the progression of humanity, but not without a cost. The transformative power of the internet to both empower and infringe on human rights has not been lost on states. As a relatively new domain, the policies in cyberspace remain in their trial periods. Each state is implementing, redacting, and implementing again policies …

Cultural Relativism In The Age Of Modernity: Are Human Rights Still Up For Debate?, Devani N. Whitehead

Dissertations and Theses

Modernity has given rise to the state as the primary unit in international relations moving away from the primacy of more traditional units such as the clergy, family, etc. Given this shift, the protections offered by these traditional units for individuals have shifted to the responsibility of the state. However, these protections are not a given. Individual rights can be compromised by the state for its overall benefit as states work to maintain and increase power in a globalized world.

The concept of human rights has been a response to the primacy of the state, outlining what the state should …

Slides: The Nsw Aboriginal Land Council (Nswalc) And Aboriginal Land Rights In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

19 slides

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …

Grid: A Methodology Integrating Witness Testimony And Satellite Imagery Analysis For Documenting Alleged Mass Atrocities, Brittany L. Card, Isaac L. Baker

Genocide Studies and Prevention: An International Journal

Aim: This article documents the development and initial use case of the GRID (Ground Reporting through Imagery Delivery) methodology by the Harvard Humanitarian Initiative (HHI). GRID was created to support corroboration of witness testimony of mass atrocity related-events using satellite imagery analysis. A repeating analytic limitation of employing imagery for this purpose is that differences in the geographic knowledge of a witness and an imagery analyst can limit or impede corroboration.

Methods: The primary method used in this article is a case study of HHI’s development and use of GRID. The GRID methodology was designed during HHI’s work with the …

Freedom Of Conscience As Religious And Moral Freedom, Michael J. Perry

Faculty Articles

In another essay being published contemporaneously with this one, I have explained that as the concept "human right" is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right-for example, as a treaty-based right-is, in part, that conduct that violates the right violates the imperative, articulated in Article i of the Universal Declaration, to "act towards all human beings in a spirit of brotherhood." Each of the human rights …

Book Review Of, Human Rights, Revolution, And Reform In The Muslim World, Tugrul Keskin

International & Global Studies Faculty Publications and Presentations

Reviews the book "Human Rights, Revolution, and Reform in the Muslim World" by Anthony Tirado Chase

Globalization And Law: Law Beyond The State, Ralf Michaels

Faculty Scholarship

The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …

Stateless In The United States: Current Reality And A Future Prediction, Polly J. Price

Faculty Articles

Statelessness exists in the United States-a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality and the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude …

From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell

Human Rights & Human Welfare

Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.

The Us On The Palestinian Statehood Bid: Weighing The Costs, Thomas Pegram

Human Rights & Human Welfare

Reflecting on the controversy surrounding the Palestinian bid for statehood, Richard Falk neatly subverts the opening words of the UN Charter, “we the people,” as having always surrendered to “we the governments,” and, in the modern era of American empire, “we the hegemon.”

This may well be true. The UN Security Council (UNSC), in particular, is viewed in Washington as a vehicle for hegemonic ambitions—to be indulged when it serves its purpose and vetoed and sidelined when it does not. Unfolding events at the UNSC, reportedly due to vote on the Palestinian resolution on November 11 but now postponed perhaps …

Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans

Human Rights & Human Welfare

A review of:

Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.

Vincent Druliolle On Unearthing Franco's Legacy: Mass Graves And The Recovery Of Historical Memory In Spain. Edited By Carlos Jerez-Farrán And Samuel Amago. Notre Dame, In: University Of Notre Dame Press, 2010. 410pp., Vincent Druliolle

Human Rights & Human Welfare

A review of:

Unearthing Franco's Legacy: Mass Graves and the Recovery of Historical Memory in Spain. Edited by Carlos Jerez-Farrán and Samuel Amago. Notre Dame, IN: University of Notre Dame Press, 2010. 410pp.

Earthquakes And Expectations In Haiti And Chile, Robert Funk

Human Rights & Human Welfare

Although 2010 was a bicentenary year for many countries in Latin America, that the year was a memorable one for Chileans is due less to celebrations of independence than to two disasters— one natural and one man-made—and to the country’s response to them. The usual year-end retrospectives tended to emphasize the February 27 earthquake and the accident and rescue at the San José mine much more than the light shows and other forgettable pyrotechnics of the bicentenary. But as with the bicentenary, both the earthquake and the San José disaster enabled the authorities and the average Chilean to indulge in …

The Perils Of Walking Fast And Walking Far, Walter Lotze

Human Rights & Human Welfare

When Haitian President René Préval early in January 2011 lambasted the international community for riding roughshod over his country’s sovereignty and his government, and called for greater Haitian ownership over the aid and recovery effort in his country, he highlighted a frustration which has been noted by so many other nations before: while international aid efforts are welcome and usually do provide critical relief to the targeted populations in the short term, they generally tend to undermine governments (and the faith of the people in their government) over the long term.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Lost In Translation: Linguistic Minorities In The European Union, Nirvana Bhatia

Human Rights & Human Welfare

“A nation without a language is a nation without a soul,” declares a Gaelic proverb. Indubitably, language is a product of national identity; it preserves heritage, reflects societal beliefs and values, and expresses a cultural spirit. The current international human rights regime, however, does not recognize an individual’s right to language choice; instead, it promises freedom from linguistic discrimination. The implications are not quite the same and, as a result, states have successfully repressed minority populations by controlling their language options. The European Union in particular—with its panoply of languages—demonstrates an inconsistent approach toward linguistic minorities; it attempts to promote …

Combating Discrimination Against The Roma In Europe: Why Current Strategies Aren’T Working And What Can Be Done, Erica Rosenfield

Human Rights & Human Welfare

In the summer of 2010, the forced expulsion of many Roma from Western to Eastern Europe captured headlines and world attention, yet this practice simply represented the latest manifestation of anti-Roma sentiment in Europe. Indeed, the Roma—numbering over ten million across Europe, making them the continent’s largest minority—face discrimination in housing, education, healthcare, employment, and law enforcement; widespread prejudice against this group shows no evidence of receding. There is, however, certainly no shortage of national and supranational policies aiming to promote inclusion and equality for the Roma.

January Roundtable: The Haiti Earthquake, One Year Later, Introduction

Human Rights & Human Welfare

An annotation of:

“Haiti's Blame Game” by Poooja Bhatia. Foreign Policy. November 23 2010.

The Scourge Of Occupation, Christina Cerna

Human Rights & Human Welfare

“Haiti’s Blame Game” suggests that Haitians are wondering why they should bother voting when it is unclear that their government is running the country. The anger of the Haitians, according to the author, is focused on MINUSTAH, the UN mission that was created in 2004 to stabilize Haiti and to coordinate the work of the different UN agencies active in the country.¹ Some Haitians perceive MINUSTAH to be an occupying force, but is it really, and who is running the country?

Bring Back Aristide, Louis Edgar Esparza

Human Rights & Human Welfare

My friend Annie recently had her trip to Haiti postponed because of the political instability surrounding the November elections. Annie totes modest sums of cash, medicine, and clothing collected from sympathetic friends and has a resolute willingness to help. Together with the partner organizations she is working with, she is hiring Haitians to build an orphanage. Another colleague of mine, Tonya, traveled to the country very soon after the earthquake. She described her experience in The Nation, lamenting that the major US airlines, which had agreed to waive baggage fees for relief aid to Haiti, did not do so for …

European Identity Struggles In The Age Of Austerity, Par Engstrom

Human Rights & Human Welfare

The economic crisis has coincided with a discernible rise of right-wing populist parties in a number of European countries. This was most recently seen in elections in Belgium, the Netherlands, and Sweden. Right-wing populist parties also hold parliamentary seats in Austria, Denmark, Finland, and Norway, and they have been part of coalition governments in Italy and Switzerland for some time. In France, Jean-Marie Le Pen’s National Front, although not represented in parliament, wields considerable political influence, and may receive an additional electoral boost should Le Pen’s daughter, Marine Le Pen, inherit the party leadership. True, these parties still enjoy only …

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

Citizenship, Rights, And Culture, Alison Brysk

Human Rights & Human Welfare

Shortly after German Chancellor Angela Merkel’s repudiation of multiculturalism, the Soros Foundation announced the winners of its Fellowships for New Americans—an award for graduate study for foreign-born students whose career paths show initiative, accomplishment, and “commitment to the values expressed in the U.S. Constitution.” Dozens of America’s best and brightest are pursuing degrees in law, medicine, public policy, business, and the arts that will immensely enrich our national and global communities.

A Protection Post-Mortem On The "Death" Of Multiculturalism In Germany, Erin Mooney

Human Rights & Human Welfare

Noticeably absent from the recent pronouncements of the “death” of multiculturalism in Germany, including Chancellor Angela Merkel’s own conclusion that the policy had “utterly failed,” has been any interest to seriously examine, let alone address, the reasons for such a failure.

Doing Well By Doing Good, Alison Brysk

Human Rights & Human Welfare

As Tom Porteous contends in The Guardian, "a humane nation is a safer nation"—and ultimately, a more prosperous, healthy, happy, and green one too. My recent book, Global Good Samaritans, explores how half a dozen disparate nations came to adopt relatively humanitarian foreign policies, and how this has benefited global governance and their own development. Let us explore the lessons of history that inspired the real (albeit uneven) contributions of countries like Sweden, Canada, and Costa Rica—and why this should inspire more states like the UK to become active human rights promoters.

Uk Foreign Policy And Human Rights, Par Engstrom

Human Rights & Human Welfare

William Hague’s assertion that human rights should constitute the “irreducible core” of foreign policy under the new UK coalition government may seem a radical departure for the new Foreign Secretary. Hague is, after all, a leading figure in the British Conservative Party, which in its recent election manifesto called for the repeal of the UK’s Human Rights Act that incorporates the European Convention on Human Rights into UK law. Given this profound ambivalence over the substantive value of human rights at home, the new UK government is not likely to adopt more assertive human rights policies abroad. Human rights advocates …

Regenerating Leadership Or Rhetoric?, Marc Alexander C. Gionet

Human Rights & Human Welfare

The new coalition government in the UK is expediting efforts to mark a differentiation from its predecessor. In regards to foreign policy, the Secretary of State for Foreign & Commonwealth Affairs, William Hague, has identified human rights as the “irreducible core” in his initial speech of a four-part series intended to outline the new government’s priorities and approach.