scholarly journals Upholding Refugee Rights: Cessation, Transnationalism and Law’s Limitations in the Rwandan Case

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Laura Parker ◽  
Keyword(s):  
Human Rights ◽  
Identity Politics ◽  
Nation State ◽  
Transnational Mobility ◽  
Durable Solutions ◽  
Internal Barriers

The cessation clause epitomises the 1951 Refugee Convention’s internal barriers to the full achievement of refugees’ rights. By examining the controversial application of this provision in the case of Rwandan refugees, this paper demonstrates the resultant infringements on refugees’ human rights, and signals a key obstacle in understanding refugee experiences: institutional insistence on subjugating refugee perspectives and knowledge. This top-heavy ‘knowing what’s best’ for refugees must cede to alternative conceptualisations of refugee rights, especially in the well-worn durable solutions debate. A rights-based approach would see transnational mobility as a solution to challenges endured by camp-based refugees in particular. The Rwandan case study is grounded in theories of today’s membership-based nation-state paradigm, and questions whether re-inscribing refugees as primary agents of their own repatriation (with or without return) can bridge the divide inherent in the exclusionary citizenship-centric logic which ultimately structures the refugee rights system, and can adequately address problems rooted in complex identity politics

The Stakes of Decolonization, 1945–1960

2017 ◽  
Author(s):  
Talbot C. Imlay
Keyword(s):  
Human Rights ◽  
Majority Rule ◽  
Minority Rights ◽  
The Political ◽  
Nation State ◽  
Individual Rights ◽  
Political Implications ◽  
Common Position ◽  
Human Individual ◽  
Post War

In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.

Enabling Fictions and Novel Subjects: The Bildungsroman and International Human Rights Law

PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1405-1423 ◽  
Author(s):  
Joseph R. Slaughter
Keyword(s):  
Human Rights ◽  
Nation State ◽  
International Human Rights Law ◽  
The Novel ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Personality ◽  
Full Development ◽  
International Human ◽  
Administrative Structures

With adoption of the Universal Declaration of Human Rights (UDHR) in 1948, the United Nations conscripted, almost by default, the historically Euronationalist forms of the Bildungsroman and natural law to legitimate its vision of a new international order. This essay elaborates the conceptual vocabulary, deep narrative grammar, and humanist social vision that normative human rights law and the idealist Bildungsroman share in their cooperative efforts to articulate, normalize, and realize a world founded on the fundamental dignity and equality of what both the UDHR and early theorists of the novel term “the free and full development of the human personality.” Historically, formally, and ideologically, they are mutually enabling and complicit fictions: each projects, in advance of administrative structures comparable to those of the nation-state, an image of human personality and sociality that ratifies (and makes legible) the other's idealistic vision of the proper relations between individual and society. (JRS)

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Criminogenic Policy Antithetical to Peace Policy: A Case Study of NAFTA as a Violation of International Law

2020 ◽  
pp. 016059762093289
Author(s):  
Daniel Patten
Keyword(s):  
Human Rights ◽  
International Law ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Negotiation Process ◽  
Study Analysis ◽  
Business Investment ◽  
Written Text ◽  
Case Study Analysis

Successful peace policy that enshrines human rights allows individuals to thrive economically, politically, and socially with minimal conflict. Building from literature on crimes of globalization, genocide, and human rights, the current research investigates the concept of a criminogenic policy that at its core is antithetical to peace policy. Using case study analysis, North American Free Trade Agreement (NAFTA) is found to be both criminal and criminogenic in violation of international law for two primary reasons. First, the NAFTA negotiation process was criminal and criminogenic for three interrelated reasons: (1) powerful elites heavily influenced the outcome, (2) it was undemocratic, and (3) the opposition was often repressed. Second, the NAFTA policy itself was criminal and criminogenic for two reasons: (1) NAFTA as a policy ignored all of the critical voices that predicted negative outcomes and (2) the written text of NAFTA is criminal for failing to include human rights protections while offering a litany of rights to protect business investment.

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