Justice, Acknowledgment, and Collective Memory

2018 ◽  
Author(s):  
Andrew Valls
Keyword(s):  
United States ◽  
Human Rights ◽  
Collective Memory ◽  
The United States ◽  
Truth Commissions ◽  
Place Names ◽  
The Past ◽  
Regime Transitions

In regime transitions, a number of mechanisms are utilized to memorialize the past and to reject the ideas associated with human rights abused of the prior regime. This is often done through truth commissions, apologies, memorials, museums, changes in place names, national holidays, and other symbolic measures. In the United States, some efforts along these lines have been undertaken, but on the whole they have been very limited and inadequate. In addition, many symbols and memorials associated with the past, such as Confederate monuments and the Confederate Battle Flag, continue to be displayed. Hence while some progress has been made on these issues, much more needs to be done.

Conclusion

2020 ◽  
pp. 363-372
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Dna Analysis ◽  
The United States ◽  
Forensic Dna ◽  
Criminal Cases ◽  
Forensic Dna Analysis ◽  
The Past ◽  
Dna Technology

The first applications of DNA technology in criminal cases took place in the United States and United Kingdom more than 30 years ago. What have we learned over the past three decades from the use of forensic DNA analysis in criminal and human rights investigations and humanitarian disasters? And what challenges, opportunities, and potential pitfalls lie ahead?...

United States Foreign Policy in Southern Africa: Third-World Perspectives

1983 ◽  
Vol 21 (4) ◽  
pp. 587-603 ◽  
Author(s):  
Davidson Nicol
Keyword(s):  
United States ◽  
Human Rights ◽  
Reagan Administration ◽  
Third World ◽  
The United States ◽  
Economic Importance ◽  
United States Foreign Policy ◽  
Multilateral Aid ◽  
The Past ◽  
The Government

The past decade has seen an increase in the scope of relationships, both political and economic, between Africa and the United States. These vary with the complexion of the government in power, though some would say that this was more in emphasis than in substance, others definitely not. It is felt by many Africans, nevertheless, that the Carter Administration's emphasis on human rights has now been downgraded by the present Reagan Administration and that, instead, the geopolitics of U.S.–U.S.S.R. rivalry, and the economic importance of developing the private sector at the expense of bilateral or multilateral aid, have been moved to the fore.

Conclusion

2021 ◽  
pp. 159-174
Author(s):  
William L. d'Ambruoso
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Slippery Slope ◽  
Elected Officials ◽  
The Past ◽  
Liberal Democratic ◽  
European Institutions ◽  
Degrading Treatment ◽  
Recent Variation

This chapter explores the scope and limits of the book’s central claims, extending the argument to other circumstances and norms and describing cases that do not fit the theory. The chapter examines the recent variation between the United States and Europe on the question of torture. The human rights picture in Europe has improved over the past few decades in part because European institutions have been clearer than the United States about prohibiting cruel, inhuman, and degrading treatment, eliminating the antitorture norm’s specificity problem, and preventing a slippery slope that so often ends with torture. Finally, the chapter broadens the argument by demonstrating how the pervasive belief that autocrats have an edge over rule-bound democracies has tempted certain elected officials to chip away at their own liberal-democratic institutions.

Introduction to the Special Issue: ADA at 25 and People With Cognitive Disabilities: From Action to Inclusion

Inclusion ◽  
2016 ◽  
Vol 4 (1) ◽  
pp. 1-5 ◽  
Author(s):  
Peter Blanck
Keyword(s):  
United States ◽  
Human Rights ◽  
Americans With Disabilities Act ◽  
Lived Experiences ◽  
Central Element ◽  
The United States ◽  
Active Citizenship ◽  
Special Issue ◽  
25Th Anniversary ◽  
The Past

Abstract The Americans with Disabilities Act (ADA) of 1990 has helped to define in the United States and globally the modern view of disability as a central element of the human experience. This second issue, of a two-part Special Issue of the journal Inclusion, examines the ADA at its 25th anniversary. From an array of disciplinary perspectives and lived experiences, the articles reflect on the past 25 years, examine present opportunities and challenges, and consider the future to ensure continued action toward the civil and human rights of individuals with cognitive and other disabilities for inclusion and active citizenship.

International Human Rights Litigation in the United States

2021 ◽  
pp. 168-200
Author(s):  
Paul Hoffman
Keyword(s):  
United States ◽  
Human Rights ◽  
Common Law ◽  
The United States ◽  
International Human Rights ◽  
Sovereign Immunity ◽  
Human Rights Abuses ◽  
The Past ◽  
Forum Non Conveniens ◽  
International Human

Paul Hoffman reviews the position in the United States regarding the imposition of liability on multinationals for human rights abuses occurring overseas. He focuses on corporate complicity cases brought under the Alien Tort Statute over the past 25 years. By reference to key decisions, he charts the development of the law which had had initially held out considerable promise for human rights victims but which has been gradually whittled away by decisions such as Kiobel in 2012 and Jesner in 2018. The scope of the statute and the concepts of aiding and abetting liability, the presumption against extraterritoriality, ‘touch and concern test’ and ‘foreign sovereign immunity’ are explained. The decision in Doe v. Nestle has resolved many of the uncertainties. Potential liability under various statutes to protect victims of torture, trafficking, terrorism, and corruption are outlined as is the experience of common law tort claims and forum non conveniens.

A Declaration of Interdependence

2019 ◽  
pp. 13-41
Author(s):  
Sharon D. Welch
Keyword(s):  
United States ◽  
Human Rights ◽  
African Americans ◽  
Civic Engagement ◽  
Social Life ◽  
Social Groups ◽  
The United States ◽  
Mccarthy Era ◽  
The Past ◽  
Reconstruction Period

Our context is one of growing threats, resilient critique, and deeply rooted alternative forms of inclusive and expansive social life. We are now experiencing a rise of authoritarianism in the United States that is as dangerous as the anti-Communism of the McCarthy era of the 1950s, potentially as deadly as the eradication of basic political and human rights for African Americans after the Reconstruction period following the civil war. We are also witnessing a resurgence in authoritarianism not seen in Europe since the rise of fascism in the 1930s. What is missing in much of the literature on authoritarianism is a recognition that what fuels interdependent creativity and expansive civic engagement is not emancipated individualism but openness to the new grounded in the solidity of the same. The ‘same’ is generative connections between adults and youth, and community practices of resilience, acknowledging and learning from both mistakes and successes. This book is meant to enable readers to take on this challenge with honesty and creativity, aware of the particularity of our experiences as members of different racial and social groups, and as members of different economic classes. First, we must be honest, acknowledging the scale of racist exploitation and its ongoing impact. Will we learn from the past and present structures of white exploitation and violence? Will we learn how to check these practices in the present?

Rule of Law in the United States. Stability is one of the World’s Most Valued Commodities

2017 ◽  
Vol 17 (1) ◽  
pp. 147-165
Author(s):  
Joshua W. Dansby
Keyword(s):  
United States ◽  
Human Rights ◽  
Rule Of Law ◽  
Coming Out ◽  
The United States ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
The Past ◽  
Definition Of

Summary “The rule of law is like the notion of ‘the good’. Everyone is for the good, although we hold different ideas about what the good is.” 1 Two primary ways of viewing the Rule of Law have developed over the years: the “thick” theory of the Rule of Law advocates that, in addition to laws that are publicly promulgated, equally enforced, and independently adjudicated, participation in government decisions (democracy) and consistency with international human rights law are essential for the Rule of Law in a society; the “thin” theory of the Rule of Law asserts that democracy and consistency with human rights law, while nice, are not essential for the Rule of Law. While the Rule of Law is often talked about in the context of developing countries that are coming out of conflict, there is little talk about the Rule of Law and its application to countries such as the United States. The past two years have seen the Rule of Law in the United States threatened as it has never been before, with Senators refusing to do their constitutional duty, a President that threatens to disregard the rulings of the judiciary, and judges both politicizing and abdicating their role as the interpreters of the law. Using a definition of the “thin” theory of the Rule of Law formulated by Brian Tamanahan, I ultimately argue that it not only is, but should be the case that a product of the Rule of Law, stability, a combination of security and predictability, is one of the world’s most valued commodities; and that Rule of Law, rather than the Rule of Man, is and should always be the bedrock of the United States of America.

scholarly journals Alone in the world?: Making sense of Canada’s disputes with Saudi Arabia and China

2019 ◽  
Vol 74 (1) ◽  
pp. 151-161
Author(s):  
Roland Paris
Keyword(s):  
United States ◽  
Human Rights ◽  
Saudi Arabia ◽  
The United States ◽  
Authoritarian Regimes ◽  
International Support ◽  
The Past ◽  
Making Sense ◽  
The World

Canada has found itself in serious diplomatic disputes over the past year with Saudi Arabia and China. The Saudis took issue with the Canadian foreign minister’s call to release human rights activists from prison, whereas China was angry at Canada’s arrest of a senior Chinese executive on an extradition request from the United States. These incidents should not be viewed as isolated aberrations. Authoritarian regimes seem increasingly emboldened to lash out at countries that displease them, including allies of the United States. But Ottawa has succeeded in rallying considerable international support for its position in the China dispute, suggesting that while Canada may be exposed, it is not destined to be alone.

Aid Conditionality as (Partial) Answer to Antigay Legislation: An Analysis of British and American Foreign Aid Policies Designed to Protect Sexual Minorities

ICL Journal ◽  
2013 ◽  
Vol 7 (4) ◽  
Author(s):  
Adam J. Kretz
Keyword(s):  
United States ◽  
Human Rights ◽  
Foreign Aid ◽  
The United States ◽  
Recent Attempt ◽  
Same Sex ◽  
The Past ◽  
Aid Conditionality ◽  
Signaling Effect ◽  
Bisexual And Transgender

AbstractThe past decade has seen impressive gains for human rights activists desiring greater protections for lesbian, gay, bisexual, and transgender (LGBT) persons. However, it has also seen regression: concerted attempts by leaders, particularly in Africa, the Mid­dle East, and Asia, to further criminalize sexual orientation and same-sex sexual activity while vilifying and marginalizing LGBT citizens.This Article explores the recent attempt by the United States and United Kingdom to ef­fectuate a possible solution to the rapid proliferation of these antigay statutes - threats to tie portions of foreign aid disbursements to the ways in which countries treat their LGBT citizens. After examining recent attempts at antigay legislation in a number of nations, most notably Malawi and Uganda, this Article discusses the fundamental differences be­tween the newly proposed American and British foreign aid policies, and critiques the theories underlying their development and implementation. Ultimately, this Article con­cludes that the American and British attempts to protect LGBT persons through aid condi­tionality serves as a powerful signaling effect, but will ultimately fail to convince antigay leaders and legislators from further passing these dangerous laws.

Developments in the law of genocide

2002 ◽  
Vol 5 ◽  
pp. 131-165 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
United States ◽  
Human Rights ◽  
Khmer Rouge ◽  
The United States ◽  
General Assembly ◽  
The Past ◽  
United Nations General ◽  
Aboriginal Populations ◽  
Wide Range ◽  
United Nations General Assembly

Probably more has happened in the past five years to the Convention for the Prevention and Punishment of the Crime of Genocide than in the previous 50, that is, in the half-century following its adoption by the United Nations General Assembly on 9 December 1948.Indeed, for the first five decades of its existence, the Convention was largely ignored by lawyers, viewed by most of them — as Georg Schwar-zenberger famously remarked — to be ‘unnecessary when applicable and inapplicable when necessary’. Over the years there had been attempts to apply the ‘g-word’ to a wide range of atrocities and gross violations of human rights, including those of China in Tibet, of Iraq against the Kurds, of the United States in Vietnam as well as towards its African-American and aboriginal populations, of Pakistan in Bangladesh, the Khmer Rouge in Cambodia, and Israel in Lebanon. But in each of these cases, some interpretative flair was required in order to stretch the definition to fit the crimes, and the efforts were not always very convincing. In 1990 scholars Frank Chalk and Kurt Jonassohn wrote that ‘the wording of the Convention is so restrictive that not one of the genocidal killings committed since its adoption is covered by it’.

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