Visual Legalities of Race and Reparations

2014 ◽  
Vol 29 (02) ◽  
pp. 219-234
Author(s):  
Carmela Murdocca
Keyword(s):  
Human Rights ◽  
Racial Difference ◽  
Aboriginal People ◽  
Settler Colonialism ◽  
Self Determination ◽  
International Human Rights ◽  
Representational Practices ◽  
The Social ◽  
International Human ◽  
The Relationship

Abstract Drawing attention to the legal and psychoanalytic genealogy of reparations, this article examines the relationship between reparations and racial difference through an analysis of the Canadian Broadcasting Corporation’s documentary series 8th Fire: Aboriginal People, Canada and the Way Forward. The representational life of reparations in liberal settler colonialism is a repository for addressing the broader landscape of legality—sovereignty, self-determination and anti-colonialism—beyond the confines of international human rights mechanisms. This article considers the following questions: How do forms of testimony animate connections between reparations and racial difference? In what ways do visual and representational practices operate through racial and colonial temporalities central to reparative juridics? What is the relationship between reparations and possibilities for anti-colonialism? I argue that the social, legal, cultural, and representational life of reparations in settler colonialism is structured by racial difference.

Citizenship and Human Rights

2017 ◽  
pp. 246-267
Author(s):  
David Owen
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Human Right ◽  
International Human Rights ◽  
Contemporary Politics ◽  
Human Rights Regime ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The relationship of citizenship and human rights has become a central issue for contemporary politics. This chapter begins with a brief overview of theories of human rights, before addressing two pivotal topics for this relationship: a human right to citizenship (as membership of a state) and a human right to democracy. It then turns to consider the practical salience of the international human rights regime for citizenship and human rights, before concluding with a discussion of the relationship of human rights as cosmopolitan norms to the principle of the self-determination of peoples.

scholarly journals Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

2018 ◽  
Vol 28 (6) ◽  
pp. 817-838 ◽  
Author(s):  
Kathryn McNeilly
Keyword(s):  
Human Rights ◽  
Social Change ◽  
20Th Century ◽  
Judith Butler ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Future ◽  
International Human ◽  
The Relationship

Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.

Title to Territory and JurisdictionThree and a Half Models

2020 ◽  
pp. 159-181
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.

18. The right to self-determination

2019 ◽  
pp. 330-347
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

25. International humanitarian law

2017 ◽  
Author(s):  
Sandesh Sivakumaran
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Relationship ◽  
Two Bodies

This chapter examines international humanitarian law, the principal body of international law which applies in times of armed conflict, and which seeks to balance the violence inherent in an armed conflict with the dictates of humanity. International humanitarian law protects the civilian population from the ravages of conflict, and establishes limitations on the means and methods of combat. The chapter is organized as follows. Section 2 considers the nature of international humanitarian law and identifies some of its cardinal principles and key rules. Section 3 explores the similarities and differences between international humanitarian law and international human rights law, comparing and contrasting their historical origins and conceptual approaches. Given that international humanitarian law applies during armed conflict, Section 4 considers whether there is a need for international human rights law also to apply. Section 5 ascertains the relationship between the two bodies of law and Section 6 considers some of the difficulties with the application of international human rights law in time of armed conflict.

17. The right to self-determination

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Self Determination ◽  
Current Debate ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Territorial Integrity ◽  
The Future ◽  
International Human ◽  
The Right

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.

Towards a Subaltern Theory of Human Rights

Global Jurist ◽  
2009 ◽  
Vol 9 (2) ◽  
pp. 1-25 ◽  
Author(s):  
Oche Onazi
Keyword(s):  
Human Rights ◽  
Legal Pluralism ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
Upendra Baxi ◽  
International Human ◽  
Subaltern Theory ◽  
The Relationship

This article aims to provide the justification for a subaltern theory of human rights. It explains the desirability of interpretative strategies that reveal the role, knowledge, contributions and sources that depict subaltern human rights perspectives. In particular, it considers the work of Boaventura de Sousa Santos, whose various writings directly or indirectly address the central issues relating to human rights from these perspectives. It subsequently explores the relationship between Santos and other protagonists, such as Upendra Baxi. These perspectives are then correlated with the view that the optimism for subaltern human rights may seem an insurmountable challenge given that this is hinged on the possibilities of a relationship with law. The justification or indeed legitimacy of subaltern views of human rights rests squarely on the degree to which such claims can be concretized into law. For instance, the state-centric nature of international human rights law is closed to initiatives that fall beyond its scope. As a consequence, the final preoccupation in this article is to propose the deconstruction of human rights into a plural discourse of its law and jurisprudence. This, to me, rests on the possibility of extrapolating a view of human rights from the notion of legal pluralism. The article is structured into the following parts. The first fleshes out an understanding of the subaltern concept. The second part locates the subaltern within the context of Santos' work on globalization; here, an attempt is made to correlate the relationship between globalization and human rights, particularly from the perspectives of the subaltern. The third part considers the loose connection of previous sections with the prospective theory of subaltern human rights and, ultimately, how legal pluralism supports this endeavor.

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