Expanding Boundaries of Human Rights in (East) Africa

2016 ◽  
Vol 15 (1) ◽  
pp. 99-110
Author(s):  
Philip C. Aka
Keyword(s):  
Human Rights ◽  
East Africa ◽  
Focal Point ◽  
Human Rights Abuses ◽  
Law And Politics

To what extent has politics in Uganda changed since the era of egregious human rights abuses under General Idi Amin? Using the new book on law and politics in Uganda under Museveni referenced below as focal point, this essay answers that question in a discussion that also sketches three themes, testimony to the plasticity of the human rights doctrine, including the expanding boundaries of human rights in (East) Africa.

Documents and Source Material

2017 ◽  
Vol 47 (1) ◽  
pp. 1-7
Keyword(s):  
Human Rights ◽  
Source Material ◽  
Human Rights Abuses ◽  
Palestinian Territories ◽  
Source Materials ◽  
Israeli Occupation

This section comprises JPS summaries and links to international, Arab, Israeli, and U.S. documents and source materials from the quarter spanning 16 May-15 November 2017. Fifty years of Israeli occupation was the focus of reports by the UN Office for the Coordination of Humanitarian Affairs (OCHA) and Oxfam that documented the ongoing human rights abuses in the occupied Palestinian territories. Other notable documents include Israeli NGO Gisha and UNSCO reports on the ten-year Gaza siege, Al Jazeera's interactive timeline of the Nakba, and an exchange of letters between the ACLU and U.S. senators on anti-BDS legislation.

Humanitarian Intervention and Non-Ideal Theory

2018 ◽  
Author(s):  
Ramon Das
Keyword(s):  
Human Rights ◽  
Civil War ◽  
Humanitarian Intervention ◽  
Ideal Theory ◽  
Military Power ◽  
Moral Integrity ◽  
Philosophical Debate ◽  
Human Rights Abuses ◽  
Target State ◽  
Target States

This chapter argues that the philosophical debate around humanitarian intervention would be improved if it were less ‘ideal-theoretic’. It identifies two ideal-theoretic assumptions. One, in target states where humanitarian intervention is being considered, there are two distinct and easily identified groups: ‘bad guys’ committing serious human rights abuses, and innocent civilians against whom the abuses are being committed. Two, external to the target state in question, there are suitably qualified ‘good guys’—prospective interveners who possess both the requisite military power and moral integrity. If the assumptions hold, the prospects for successful humanitarian intervention are much greater. As a contrast, some possible non-ideal assumptions are that (i) there are many bad guys in a civil war, and (ii) the good guy intervener is itself supporting some of the bad guys. If these non-ideal assumptions hold, prospects for successful humanitarian intervention are small.

War and the Politics of Ethics

2018 ◽  
Author(s):  
Maja Zehfuss
Keyword(s):  
Human Rights ◽  
Cultural Knowledge ◽  
Ethics Training ◽  
Human Rights Abuses ◽  
The World ◽  
Ethics And Politics

Contemporary Western war is represented as enacting the West’s ability and responsibility to help make the world a better place for others, in particular to protect them from oppression and serious human rights abuses. That is, war has become permissible again, indeed even required, as ethical war. At the same time, however, Western war kills and destroys. This creates a paradox: Western war risks killing those it proposes to protect. This book examines how we have responded to this dilemma and challenges the vision of ethical war itself. That is, it explores how the commitment to ethics shapes the practice of war and indeed how practices come, in turn, to shape what is considered ethical in war. The book closely examines particular practices of warfare, such as targeting, the use of cultural knowledge, and ethics training for soldiers. What emerges is that instead of constraining violence, the commitment to ethics enables and enhances it. The book argues that the production of ethical war relies on an impossible but obscured separation between ethics and politics, that is, a problematic politics of ethics, and reflects on the need to make decisions at the limit of ethics.

Introduction

2018 ◽  
Author(s):  
Jonas Tallberg ◽  
Karin Bäckstrand ◽  
Jan Aart Scholte
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Conceptual Framework ◽  
Global Governance ◽  
Comprehensive Treatment ◽  
Human Rights Abuses ◽  
Sociological Approach ◽  
The Core ◽  
Governance Institutions

Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy’s importance for global governance, its workings remain poorly understood. That is the core concern of this volume, which engages with the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy. This introductory chapter explains the rationale of the book, introduces its conceptual framework, reviews existing literature, and presents the key themes of the volume. It emphasizes in particular the volume’s sociological approach to legitimacy in global governance, its comparative scope, and its comprehensive treatment of the topic. Moreover, a specific effort is made to explain how each chapter moves beyond existing research in exploring the book’s three themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.

Proportionality Balancing and Constitutional Governance

2019 ◽  
Author(s):  
Alec Stone Sweet ◽  
Jud Mathews
Keyword(s):  
Human Rights ◽  
Rights Protection ◽  
Law And Politics ◽  
Constitutional State ◽  
International Court ◽  
Wide Range ◽  
Constitutional Justice ◽  
Proportionality Test ◽  
Basic Features

This book focuses on the law and politics of rights protection in democracies, and in human rights regimes in Europe, the Americas, and Africa. After introducing the basic features of modern constitutions, with their emphasis on rights and judicial review, the authors present a theory of proportionality that explains why constitutional judges embraced it. Proportionality analysis is a highly intrusive mode of judicial supervision: it permits state officials to limit rights, but only when necessary to achieve a sufficiently important public interest. Since the 1950s, virtually every powerful domestic and international court has adopted proportionality as the central method for protecting rights. In doing so, judges positioned themselves to review all important legislative and administrative decisions, and to invalidate them as unconstitutional when they fail the proportionality test. The result has been a massive—and global—transformation of law and politics. The book explicates the concepts of “trusteeship,” the “system of constitutional justice,” the “effectiveness” of rights adjudication, and the “zone of proportionality.” A wide range of case studies analyze: how proportionality has spread, and variation in how it is deployed; the extent to which the U.S. Supreme Court has evolved and resisted similar doctrines; the role of proportionality in building ongoing “constitutional dialogues” with the other branches of government; and the importance of the principle to the courts of regional human rights regimes. While there is variance in the intensity of proportionality-based dialogues, such interactions are today at the heart of governance in the modern constitutional state and beyond.

Is Democracy Exportable?

2019 ◽  
pp. 724-742
Author(s):  
Pierre Salmon
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Private Life ◽  
Yardstick Competition ◽  
Human Rights Abuses ◽  
The People

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.

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