2. Historical development and contemporary concerns

Author(s):  
Andrew Clapham

The content of human rights is usually understood by reference to the legal catalogue of human rights we find developed through international texts. ‘Historical development and contemporary concerns’ examines the key text for human rights today—The Universal Declaration of Human Rights—adopted in 1948 by the UN General Assembly. Since that time many treaties and intergovernmental Declarations have supplemented this proclamation of rights. The treaties are best viewed as providing a framework against which we can legitimately judge the performance of governments. How did this human rights catalogue come about? What roles did the League of Nations and Second World War play?

Author(s):  
Ed Bates

This chapter traces the historical development of the concept of human rights and their status in international law. It first discusses human rights on the domestic plane, focusing on the key developments since the late eighteenth century, and then examines international law from the perspective of human rights over the period up to the Second World War. Finally, the chapter considers the efforts to create a universal system of human rights protection in the 1940s, culminating with the proclamation of the Universal Declaration of Human Rights in 1948.


2021 ◽  
pp. 002085232098559
Author(s):  
Céline Mavrot

This article analyses the emergence of administrative science in France in the wake of the Second World War. The birth of this discipline is examined through the history of its founders, a group of comparatist aiming at developing universal administrative principles. The post-war context prompted the creation of checks and balances against administrative power (through oversight of the legality of administrative action) and against the powers of nation states (through human rights and international organizations). Administrative science and comparative law were meant to rebuild international relations. The history of this discipline highlights a legal project to redefine the role and limits of executive power at the dawn of the construction of a new world order. Points for practitioners Looking at long-term developments in the science of administration helps to inform administrative practice by providing a historical and reflective perspective. This article shows how a new understanding of the administrative reality emerged after the fall of the totalitarian regimes of the first half of the 20th century. It highlights the different ways in which administrative power was controlled after the Second World War through greater oversight over administrative legality, the establishment of universal administrative principles and the proclamation of human rights. Questions of administrative legitimacy and the limitation of administrative power are still very much part of the daily practice of executive power, and represent a central aspect of administrative thinking.


2019 ◽  
Vol 13 (2) ◽  
pp. 190-227 ◽  
Author(s):  
Torsten Kahlert

AbstractThis article investigates interwar internationalism from the perspective of the highest personnel of the first large-scale international administration, the League of Nations Secretariat. It applies a prosopographical approach in order to map out the development of the composition of the group of the section directors of the Secretariat over time in terms of its social and cultural characteristics and career trajectories. The analysis of gender, age, nationality, as well as educational and professional backgrounds and careers after their service for the League’s Secretariat gives insight on how this group changed over time and what it tells us about interwar internationalism. I have three key findings to offer in this article: First, the Secretariat was far from being a static organization. On the contrary, the Secretariat’s directors developed in three generations each with distinct characteristics. Second, my analysis demonstrates a clear trend towards professionalization and growing maturity of the administration over time. Third, the careers of the directors show a clear pattern of continuity across the Second World War and beyond. Even though the careers continued in different organizational contexts, the majority of the directors remained closely connected to the world of internationalism of the League, the UN world and its surrounding organizations. On a methodological level, the article offers an example of how prosopographical analysis can be used to study international organizations.


Author(s):  
Михаил Елизаров

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?


2021 ◽  
pp. 002190962110549
Author(s):  
Raphael Chijioke Njoku

The primary focus here is to accentuate the competing roles of race and propaganda in the enlistment of Africans and African Americans for the Second World War. Among other things, the discussion captures on the interwar years and emphasizes the subtleties of African American Pan-Africanist discourses as a counterweight to Black oppression encountered in the racialized spaces of Jim Crow America, colonized Africa, and the pugnacious infraction that was the Italo-Ethiopian war of 1935–1936. Tying up the implications of these events into the broader global politics of 1939–1945 establishes the background in which the Allied Powers sought after Black people’s support in the war against the Axis Powers. Recalling that Italy’s fascist leader Benito Mussolini attacked Ethiopia in 1935 with poisonous gas while the League of Nations refused to act, points to the barefaced conflation of race and propaganda in the Great War and the centrality of African and African Diaspora exertions in the conflict.


2018 ◽  
Vol 13 (S349) ◽  
pp. 248-255
Author(s):  
V. Zanini ◽  
M. Gargano ◽  
A. Gasperini

AbstractEven though Italy officially joined the IAU in 1921, Italian astronomers were involved in its birth as early as 1919, when Annibale Riccò, Director of the Astrophysical Observatory of Catania, proposed to the IAU Committee to hold its first General Assembly in Rome. This contribution will analyze the role played by Italian astronomers in the development of the IAU from its foundation to the Second World War. The recent project of reordering of the astronomical historical archives in Italy permits for the first time a more in-depth study of the relations between Italian astronomers and the international scientific community.


2015 ◽  
Vol 49 (1) ◽  
Author(s):  
Piet J. Strauss

After the Second World War, there was a universal rise and greater acknowledgement of human rights, which entered churches and ecumenical organisations’ way of thinking. Human rights influenced the church’s understanding of justice and human dignity both internally and externally. The concept of human dignity came from the biblical believe that man is created in the image of God. In South Africa human rights were also increasingly recognised and respected. A charter of human rights was included as chapter 2 of the 1996 Constitution and churches regard human dignity as a central tenet of their approach to members and non-members. Differences between church and state on the issue have arisen as the result of differences on the freedom of religion. Church and state in South Africa can complement each other in the promotion of human dignity.Opsomming: Kerk en staat in Suid-Afrika en menseregte. Na die Tweede Wêreldoorlog is menseregte wêreldwyd erken en aanvaar. Dit was ook die geval in kerke en ekumeniese organisasies. Menseregte het kerke se siening van geregtigheid en menswaardigheid in hulle interne sowel as eksterne optrede beïnvloed. Die begrip menswaardigheid het ontstaan uit die bybelse oortuiging dat die mens na die beeld van God geskape is. In Suid-Afrika is menseregte ook toenemend erken en aanvaar. ’n Verklaring van menseregte is as hoofstuk 2 in die 1996-grondwet ingesluit en kerke beskou menswaardigheid as toonaangewend in hulle benadering van mense binne en buite die kerk. Verskille tussen die kerk en die staat in Suid-Afrika oor menseregte het ontstaan as gevolg van verskille oor die inhoud van die vryheid van godsdiens. Teen hierdie agtergrond kan kerk en staat mekaar egter aanvul in die bevordering van menseregte.


Author(s):  
Ådne Valen-Sendstad

In this chapter I discuss three new ways, of understanding human dignity. First, Christopher McCrudden’s concern is with the fact that there is no common understanding of the concept. He argues that dignity is a placeholder. It is open to interpretations from a diversity of normative understandings, – religious and secular. Still, he argues for a core of overlapping content within the diversity of understandings. Second, Catherine Dupré understands human dignity as a heuristic concept, open for new interpretations. The concept is in itself inexhaustible. New meanings develop in confrontation with new issues. Observing that the concept has become one of the pillars in European law and democracies, and has been crucial in several junctions when dictatorships has fallen and democracies has been established after the Second World War, she finds that the concept comes to its right in particular in transitional and transformative situations. Finally, Costas Douzinas does not work with the concept human dignity but with the concept of the human, to whom human dignity is designated in the human rights. I reinterpret his theory to also cover the normative concept human dignity. It is brought into force by proclamations, and as such becomes a transformative and life changing concept in particular for people living in need of dignity.


Author(s):  
Shannon Dunn

This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. It also examines four basic scholarly orientations to the topic of Islam and human rights since the end of the Second World War: a model that privileges a secular (non-religious) paradigm for rights; a Muslim apologist model, which privileges a purely “Islamic” conception of rights over secular models; a Marxist/postcolonial critique of rights as a western imposition of power; and a Muslim reformist paradigm of rights that highlights points of continuity between western legal and Muslim legal traditions.


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