Universal Human Rights in the Law of the United States

2010 ◽  
Vol 58 (1) ◽  
pp. 533-553
Author(s):  
M.N.S. Sellers
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
Universal Human Rights ◽  
The Law

Conclusion

2018 ◽  
pp. 145-156
Author(s):  
Carl Lindskoog
Keyword(s):  
United States ◽  
Human Rights ◽  
The United States ◽  
September 11 ◽  
State Sovereignty ◽  
Terrorist Attacks ◽  
Immigration Detention ◽  
Freedom Of Movement ◽  
The World ◽  
Universal Human Rights

The conclusion examines the United States’ detention practices in the wake of the terrorist attacks of September 11, 2001, and the global spread of immigration detention that saw countries around the world constructing their own detention regimes from the United States’ model. It then conducts a brief examination of the problem that emerges at the intersection of state sovereignty and universal human rights; it closes with a survey of the contemporary movement against immigration detention, asking what future there might be for a world in which liberty and freedom of movement are treated as inalienable human rights.

(Im)possible universalism: reading human rights in world politics

2000 ◽  
Vol 26 (4) ◽  
pp. 663-674 ◽  
Author(s):  
VÉRONIQUE PIN-FAT
Keyword(s):  
United States ◽  
Human Rights ◽  
International Relations ◽  
The United States ◽  
World Politics ◽  
Theory And Practice ◽  
Large Role ◽  
Universal Human Rights

Tony Evans (ed.), Human Rights Fifty Years On: A Reappraisal (Manchester: Manchester University Press, 1998)Robin Holt, Wittgenstein, Politics and Human Rights (London: LSE/Routledge, 1997)Peter Van Ness (ed.), Debating Human Rights: Critical Essays from the United States and Asia (London: Routledge, 1999)Questions concerning the linkage, or lack of it, between theory and practice are perennial in International Relations (IR). This is particularly acute in the case of studies of universal human rights in world politics. Problems associated with universal human rights are familiar; what are their foundations?, what are their origins?, do they exist in all cultures?, why, when it comes to implementation, do we see such failure and inconsistency across the globe and the persistence of human wrongs?, why does power seem to play such a large role in stifling ‘progress’? All these questions appear in one form or another in the books under review here and readers will, perhaps, take comfort from their familiarity as old, difficult friends.

scholarly journals Beyond the Margins: Human Rights Against Undocumented Persons, Homosexuals, And Women in Inter-American Narrative

2020 ◽  
pp. 97-112
Author(s):  
Sebastian Imoberdorf ◽  
Keyword(s):  
United States ◽  
Human Rights ◽  
Latin America ◽  
American Literature ◽  
Drug Trafficking ◽  
The United States ◽  
Universal Declaration ◽  
Equal Protection ◽  
Vicious Cycle ◽  
The Law

This study is greatly based on article 7 of the “Universal Declaration of Human Rights” that states: “All are equal before the law and are entitled without any discrimination to equal protection of the law.” Latin America is viewed as a place where injustices and atrocities tend to be the order of the day: violent processes of conquest and colonization, military dictatorships, drug trafficking, kidnappings, the increase in crime and insecurity, etc. Such violations have generated frequent waves of emigration (often irregular) to the United States where they seek protection and freedom but, too often, they find neither, thus producing a vicious cycle in the inter-American literature of US Latino authors. The focus is to examine three distinct groups: immigrants, homosexuals and women.

Continuing the Conversation on Chinese Human Rights

1997 ◽  
Vol 11 ◽  
pp. 177-205 ◽  
Author(s):  
Roger T. Ames
Keyword(s):  
United States ◽  
Human Rights ◽  
Cultural Differences ◽  
The United States ◽  
Cultural Relativism ◽  
International Human Rights ◽  
Confucian Values ◽  
Universal Human Rights ◽  
History Of ◽  
International Human

In recent years China has entered the international human rights debate, consistently making the case for cultural diversity in the formulation of human rights policy. Ames follows this argument of cultural relativism, emphasizing China's cultural differences and critiquing the concept of universal human rights, particularly as presented by Jack Donnelly in his book Universal Human Rights. Discussing the history of universal human rights and Confucian values, Ames asserts that a growing dialogue between China and the United States would benefit China in terms of political and individual rights and the United States in terms of a greater sense of civic virtue.

The Fourth Restatement, International Law, and the “Terrorism” Exception to the Foreign Sovereign Immunities Act

2020 ◽  
pp. 391-410
Author(s):  
Beth Stephens
Keyword(s):  
United States ◽  
Human Rights ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
Executive Branch ◽  
Human Rights Violations ◽  
Sovereign Immunity ◽  
The Law ◽  
The U.S

This chapter evaluates the “terrorism” exception to the Foreign Sovereign Immunities Act (FSIA). The Fourth Restatement of Foreign Relations Law of the United States sets out to “restate” the law of the United States and “relevant portions of international law,” not to critique U.S. law or settle debates about the content of international law. However, that task is complicated when the law of the United States triggers questions about unresolved international law issues. The “terrorism” exception to the FSIA illustrates this complexity. Congress, the executive branch, and the judiciary have employed the exception as a politically motivated weapon to target disfavored states, while excluding U.S. allies, politically powerful states, and the United States itself from the reach of the statute. The text of the Fourth Restatement merely restates the U.S. law governing the “terrorism” exception, without identifying international law concerns or analyzing the issues they raise. The chapter, by contrast, offers a critique of the “terrorism” exception, focusing on the statute as written, as amended to reach particular targets, and as applied in practice. A well-crafted statutory exception to sovereign immunity for state human rights violations would be a welcome addition to human rights accountability. The “terrorism” exception falls far short of that goal.

Moral Membership in a Postliberal State

1984 ◽  
Vol 36 (4) ◽  
pp. 581-596 ◽  
Author(s):  
Nancy L. Rosenblum
Keyword(s):  
United States ◽  
Human Rights ◽  
International Relations ◽  
The United States ◽  
Review Article ◽  
Moral Understanding ◽  
Spheres Of Justice ◽  
Universal Human Rights ◽  
Legal Formalism ◽  
Market Relations

This review article interprets Michael Walzer's Spheres of Justice: A Defense of Pluralism and Equality as a radical argument for community. It demonstrates the continuity between this volume, in which the particular community and its own moral understanding is the foundation of justice, and Walzer's study of international relations in terms of universal human rights m Just and Unjust Wars. It questions the appropriateness of Walzer's conception of community, of membership, and of shared moral understanding for heterogeneous and differentiated modern societies, and in particular for the United States. It defends liberalism, with its indirect market relations and legal formalism, against Walzer's communitarian challenge, with its substantive agreement among members about the meaning, value, and distribution of goods.

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