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"Human Rights, Natural Rights, And Europe’s Imperial Legacy."

 Open

The author argues the concept of human rights is a development of the older notion of natural rights and that the modern understanding of natural rights evolved in the context of the European struggle to legitimate its overseas empires. The French Revolution changed this by, in effect, linking human rights to the idea of citizenship. Human rights were thus tied not only to a specific ethical-legal code but also implicitly to a particular kind of political system, both of inescapably European origin.

"Human Nature and Human Rights."

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The closing months of his presidency, Bill Clinton and some of his entourage have taken to using the buzzphrase "human and political rights" to replace the simpler "human rights. Despite attempts to base the rights on "nature", in most cases they—by their very design—either run counter to nature or, at best, concern things about which nature is strictly neutral. There is nothing wrong with defining rights in terms of high human aspirations, but they will then require a very different justification from rights based on human needs.

"Understanding Global Slavery: A Reader."

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Although slavery is illegal throughout the world, we learned from Kevin Bales's highly praised exposé, Disposable People: New Slavery in the Global Economy, that more than twenty-seven million people--in countries from Pakistan to Thailand to the United States--are still trapped in bondage. With this new volume, Bales, the leading authority on modern slavery, looks beyond the specific instances of slavery described in his last book to explore broader themes about slavery's causes, its continuation, and how it might be ended.

"Child Soldiers in the Age of Fractured States."

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Current global estimates of children engaged in warfare range from 200,000 to 300,000. Children's roles in conflict range from armed and active participants to spies, cooks, messengers, and sex slaves. Child Soldiers in the Age of Fractured States examines the factors that contribute to the use of children in war, the effects of war upon children, and the perpetual cycle of warfare that engulfs many of the world's poorest nations.The contributors seek to eliminate myths of historic or culture-based violence, and instead look to common traits of chronic poverty and vulnerable populations.

"Human Rights, Refugees, and The Right ‘To Enjoy’ Asylum."

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Increasingly hard-line and restrictive asylum policies and practices of many governments call into question the scope of protections offered by the 1951 Convention relating to the Status of Refugees. Has the focus on the 1951 Convention been to the detriment and subordination of other rights and standards of treatment owed to refugees and asylum-seekers under international human rights law? Which standard applies in the event that there is a clash or inconsistency between the two bodies of law?

"Global Governance and the Evolution of the International Refugee Regime."

Since the Treaty of Westphalia in 1648 the refugee regime has evolved with our modern state system, reflecting changes in international law, politics, economics and ideology. Responding to a history of religious and political persecutions, a comprehensive refugee regime finally emerged under the League of Nations after World War I. This regime underwent dramatic change during World War II to create a permanent framework to cope with the refugee problem through the United Nations High Commissioner for Refugees and the UN Convention Relating to the Status of Refugees.

"Human Dignity and Judicial Interpretation of Human Rights."

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The Universal Declaration on Human Rights was pivotal in popularizing the use of ‘dignity’ or ‘human dignity’ in human rights discourse. This article argues that the use of ‘dignity’, beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions.

"Sovereignty as Responsibility: Conflict Management in Africa."

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The authors assert that sovereignty can no longer be seen as a protection against interference, but as a charge of responsibility where the state is accountable to both domestic and external constituencies. In internal conflicts in Africa, sovereign states have often failed to take responsibility for their own citizens' welfare and for the humanitarian consequences of conflict, leaving the victims with no assistance. This book shows how that responsibility can be exercised by states over their own population, and by other states in assistance to their fellow sovereigns.

"Human Rights in U.S. Foreign Policy: Retrospect and Prospect."

 Open

As Arthur Schlesinger, Jr. wrote, "The United States was founded on the proclamation of 'unalienable' rights, and human rights ever since have had a peculiar resonance in the American tradition." But the American fondness for human rights rhetoric has presented two fundamental problems in foreign policy. As first a reluctant great power and then a more willing superpower, the United States has faced the traditional conflict between commitment to human values and exercise of power for other interests.