Contested Secessions Rights

This book presents a long-term study of the activist campaign that contested the Botswana government's much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli's multiple points of observation and analysis range from rural Botswana to the nation's High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.

Several thousand new civil society organisations were legally established in Tunisia following the 2010–11 uprising that forced the long-serving dictator, Zine al-Abidine Ben Ali, from office. These organisations had different visions for a new Tunisia, and divisive issues such as the status of women, homosexuality, and human rights became highly contested. For some actors, the transition from authoritarian rule allowed them to have a strong voice that was previously muted under the former regimes. For others, the conflicts that emerged between the different groups brought new repressions and exclusions – this time not from the regime, but from 'civil society'. Vulnerable populations and the organisations working with them soon found themselves operating on uncertain terrain, where providing support to marginalised and routinely criminalised communities brought unexpected challenges. Here, Edwige Fortier explores this remarkable period of transformation and the effects of opening up pu

This book explores various domains of the Nepali public sphere in which ideas about democracy and citizenship have been debated and contested since 1990. It investigates the ways in which the public meaning of the major political and sociocultural changes that occurred in Nepal between 1990 and 2013 was constructed, conveyed and consumed. These changes took place against the backdrop of an enormous growth in literacy, the proliferation of print and broadcast media, the emergence of a public discourse on human rights, and the vigorous reassertion of linguistic, ethnic and regional identities. Scholars from a range of different disciplinary locations delve into debates on rumours, ethnicity and identity, activism and gender to provide empirically grounded histories of the nation during one of its most important political transitions.

Antje Wiener examines the involvement of local actors in conflicts over global norms such as fundamental rights and the prohibition of torture and sexual violence. Providing accounts of local interventions made on behalf of those affected by breaches of norms, she identifies the constraints and opportunities for stakeholder participation in a fragmented global society. The book also considers cultural and institutional diversity with regard to the co-constitution of norm change. Proposing a clear framework to operationalize research on contested norms, and illustrating it through three recent cases, this book contributes to the project of global international relations by offering an agency-centred approach. It will interest scholars and advanced students of international relations, international political theory, and international law seeking a principled approach to practice that overcomes the practice-norm gap.

The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.

This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Pr

The relationship between human rights and justice is significant, deep, and ultimately contested. The two terms themselves – human rights and justice – have experienced both conceptual and operational

Rights are often invoked in contemporary moral and political debates, yet the nature of rights is contested. Rights and Demands provides the first full-length treatment of a central class of rights: d

At a time when individual rights are being contested and when those on the fringes of society feel deeply threatened, this powerful photographic compilation delivers a message of humanity and inclusiv

This book presents a long-term study of the activist campaign that contested the Botswana government's much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli's multiple points of observation and analysis range from rural Botswana to the nation's High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.

What role does ethics play in modern-day warfare? Is it possible for ethics and militarism to exist hand-in-hand? James Eastwood examines the Israeli military and its claim to be 'the most moral army in the world'. This claim has been strongly contested by human rights bodies and international institutions in their analysis of recent military engagements in the West Bank, Gaza and Lebanon. Yet at the same time, many in Israel believe this claim, including the general public, military personnel and politicians. Compiled from extensive research including interviews with soldiers, Eastwood unpacks the ethical pedagogy of the Israeli military, as well as soldier-led activism which voices a moral critique, and argues that the belief in moral warfare doesn't exist separately from the growing violence of Israel's occupation. This book is ideal for those interested in military ethics and Israeli politics, and provides crucial in-depth analysis for students and researchers alike.

Professor Roberts examines the relationship between antisemitism and the practices of citizenship in a colonial context. She focuses on the experience of Algerian Jews and their evolving identity as citizens as they competed with the other populations in the colony, including newly naturalised non-French settlers and Algerian Muslims, for control over the scarce resources of the colonial state. The author argues that this resulted in antisemitic violence and hotly contested debates over the nature of French identity and rights of citizenship. Tracing the ambiguities and tensions that Algerian Jews faced, the book shows that antisemitism was not coherent or stable but changed in response to influences within Algeria, and from metropolitan France, Europe and the Middle East. Written for a wide audience, this title contributes to several fields including Jewish history, colonial and empire studies, antisemitism within municipal politics, and citizenship, and adds to current debates on tra

This book examines one of the most contested issues facing feminists, human rights activists and governments around the globe – the international sex trade. For decades, the liberal left has been conf

Some of the most hotly contested international women's rights issues today arise from the movement of people from one country to another and the practices they purportedly bring with them. In Women's

The issue of minority rights is highly contested in both member and candidate states of the European Union. Compared with other policy areas, the Europeanization process in minority rights is much slo

This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Pr

This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these endurin

Civil Rights in American Law, History, and Politics charts the ambiguous and contested meanings of civil rights in law and culture and confronts important questions about race in contemporary America. How important is civil rights in America's story of possibility and change? How has it transformed the very meaning of citizenship and identity in American culture? Why does the subject of race continue to haunt the American imagination and play such a large role in political and legal debates? Do affirmative action and multiculturalism promise a way out of racial polarization, or do they sharpen and deepen it? Are there new and better ways to frame our commitment to equal justice? This book brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. It offers different ways of talking about civil rights and frames through which we can address issues of civil rights in the future.

This book investigates the economic, strategic, and political importance of forests in early modern and modern Europe and shows how struggles over this vital natural resource both shaped and reflected the ideologies and outcomes of France's long revolutionary period. Until the mid-nineteenth century, wood was the principal fuel for cooking and heating and the primary material for manufacturing worldwide and comprised every imaginable element of industrial, domestic, military, and maritime activity. Forests also provided essential pasturage. These multifaceted values made forests the subject of ongoing battles for control between the crown, landowning elites, and peasantry, for whom liberty meant preserving their rights to woodland commons. Focusing on Franche-Comté, France's easternmost province, the book explores the fiercely contested development of state-centered conservation and management from 1669 to 1848. In emphasizing the environmental underpinnings of France's seismic sociopo

This collection of original essays by leading historians of political thought examines modern European thinkers' writings about conquest, colonization and empire. The creation of vast transcontinental empires and imperial trading networks played a key role in the development of modern European political thought. The rise of modern empires raised fundamental questions about virtually the entire contested set of concepts that lay at the heart of modern political philosophy, such as property, sovereignty, international justice, war, trade, rights, transnational duties, civilization and progress. From Renaissance republican writings about conquest and liberty to sixteenth-century writings about the Spanish conquest of the Americas through Enlightenment perspectives about conquest and global commerce and nineteenth-century writings about imperial activities both within and outside of Europe, these essays survey the central moral and political questions occasioned by the development of overs

Experts are increasingly relied on in decision-making processes at international and European levels. Their involvement in those processes, however, is contested. This timely book on the role of 'experts' provides a broad-gauged analysis of the issues raised by their involvement in decision-making processes. The chapters explore three main recurring themes: the rationales for involving experts and ensuing legitimacy problems; the individual and collective dimensions of expert involvement in decision making; and experts and politics and the politics of expertise. With contributions from leading scholars and practitioners, they theorize the experts' involvement in general and address their role in the policy areas of environment, trade, human rights, migration, financial regulation, and agencification in the European Union.

The Amazing True Story of the Election That Saved the ConstitutionIn 1789, James Madison and James Monroe ran against each other for Congress—the only time that two future presidents have contested a

The development of an international substantive environmental right has long been a contested issue. Concurrently, environmental rights have developed in a fragmented way and to a limited extent throu

Social inclusion is often used interchangeably with the terms social cohesion, social integration and social participation, positioning social exclusion as the opposite. The latter is a contested term that refers to a wide range of phenomena and processes related to poverty and deprivation, but it is also used in relation to marginalised people and places. This book consists of two parts: the first aims to review the domestic and international historical roots and the conceptual base of disability, as well as the expressions of social exclusion of people with disabilities that interfere in their efforts to exercise their rights in society. It offers a comprehensive review of social and legal approaches to social exclusion and inclusion. The second part introduces and analyses domestic and international social and legal strategies to promote social inclusion for people with disabilities.

Civil Rights in American Law, History, and Politics charts the ambiguous and contested meanings of civil rights in law and culture and confronts important questions about race in contemporary America. How important is civil rights in America's story of possibility and change? How has it transformed the very meaning of citizenship and identity in American culture? Why does the subject of race continue to haunt the American imagination and play such a large role in political and legal debates? Do affirmative action and multiculturalism promise a way out of racial polarization, or do they sharpen and deepen it? Are there new and better ways to frame our commitment to equal justice? This book brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. It offers different ways of talking about civil rights and frames through which we can address issues of civil rights in the future.

This book looks in detail at Paul's description of apostles in 1 Corinthians 4 and 9 as divinely appointed administrators (oikonomoi) and considers what this tells us about the nature of his own apostolic authority. John Goodrich investigates the origin of this metaphor in light of ancient regal, municipal and private administration, initially examining the numerous domains in which oikonomoi were appointed in the Graeco-Roman world, before situating the image in the private commercial context of Roman Corinth. Examining the social and structural connotations attached to private commercial administration, Goodrich contemplates what Paul's metaphor indicates about apostleship in general terms as well as how he uses the image to defend his apostolic rights. He also analyses the purpose and limits of Paul's authority - how it is constructed, asserted and contested - by examining when and how Paul uses and refuses to exercise the rights inherent in his position.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

As religion has become more visible in public life, with closer relations of co-operation with government as well as a force in some political campaigns, its place in public life has become more contested. Fudged compromises of the past are giving way to a desire for clear lines and moral principles. This book brings the disciplines of law, sociology, politics and theology into conversation with one anther to shed light on the questions thrown up by 'religion in a liberal state'. It discusses practical problems in a British context, such as the accommodation of religious dress, discrimination against sexual minorities and state support for historic religions; considers legal frameworks of equality and human rights; and elucidates leading ideas of neutrality, pluralism, secularism and public reason. Fundamentally, it asks what it means to be liberal in a world in which religious diversity is becoming more present and more problematic.

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way throu

Social inclusion is often used interchangeably with the terms social cohesion, social integration and social participation, positioning social exclusion as the opposite. The latter is a contested term that refers to a wide range of phenomena and processes related to poverty and deprivation, but it is also used in relation to marginalised people and places. This book consists of two parts: the first aims to review the domestic and international historical roots and the conceptual base of disability, as well as the expressions of social exclusion of people with disabilities that interfere in their efforts to exercise their rights in society. It offers a comprehensive review of social and legal approaches to social exclusion and inclusion. The second part introduces and analyses domestic and international social and legal strategies to promote social inclusion for people with disabilities.

In this book an international team of archaeologists, philosophers, lawyers and heritage professionals addresses significant ethical questions about the rights to access, manage and interpret the material remains of the past. The chapters explore competing claims to interpret and appropriate the past and the major ethical issues associated with them, including handling the sacred; contested rights over sites, antiquities and artifacts; the involvement of local communities in archaeological research; and the legal status of heritage sites. The book covers a range of hotly debated topics in contemporary archaeological practice, focusing particularly on the relationship between academic archaeologists and indigenous communities for whom the material remnants of the past that form the archaeological record may be part of a living tradition and anchors of social identity.

In this book an international team of archaeologists, philosophers, lawyers and heritage professionals addresses significant ethical questions about the rights to access, manage and interpret the material remains of the past. The chapters explore competing claims to interpret and appropriate the past and the major ethical issues associated with them, including handling the sacred; contested rights over sites, antiquities and artifacts; the involvement of local communities in archaeological research; and the legal status of heritage sites. The book covers a range of hotly debated topics in contemporary archaeological practice, focusing particularly on the relationship between academic archaeologists and indigenous communities for whom the material remnants of the past that form the archaeological record may be part of a living tradition and anchors of social identity.

This collection of original essays by leading historians of political thought examines modern European thinkers' writings about conquest, colonization and empire. The creation of vast transcontinental empires and imperial trading networks played a key role in the development of modern European political thought. The rise of modern empires raised fundamental questions about virtually the entire contested set of concepts that lay at the heart of modern political philosophy, such as property, sovereignty, international justice, war, trade, rights, transnational duties, civilization and progress. From Renaissance republican writings about conquest and liberty to sixteenth-century writings about the Spanish conquest of the Americas through Enlightenment perspectives about conquest and global commerce and nineteenth-century writings about imperial activities both within and outside of Europe, these essays survey the central moral and political questions occasioned by the development of overs

This book looks in detail at Paul's description of apostles in 1 Corinthians 4 and 9 as divinely appointed administrators (oikonomoi) and considers what this tells us about the nature of his own apostolic authority. John Goodrich investigates the origin of this metaphor in light of ancient regal, municipal and private administration, initially examining the numerous domains in which oikonomoi were appointed in the Graeco-Roman world, before situating the image in the private commercial context of Roman Corinth. Examining the social and structural connotations attached to private commercial administration, Goodrich contemplates what Paul's metaphor indicates about apostleship in general terms as well as how he uses the image to defend his apostolic rights. He also analyses the purpose and limits of Paul's authority - how it is constructed, asserted and contested - by examining when and how Paul uses and refuses to exercise the rights inherent in his position.

Honor in nineteenth-century Germany is usually thought of as an anachronistic aristocratic tradition confined to the duelling elites. In this innovative study Ann Goldberg shows instead how it pervaded all aspects of German life and how, during an era of rapid modernization, it was adapted and incorporated into the modern state, industrial capitalism, and mass politics. In business, state administration, politics, labor relations, gender and racial matters, Germans contested questions of honor in an explosion of defamation litigation. Dr Goldberg surveys court cases, newspaper reportage, and parliamentary debates, exploring the conflicts of daily life and the intense politicization of libel jurisprudence in an era when an authoritarian state faced off against groups and individuals from 'below' claiming new citizenship rights around a democratized notion of honor and law. Her fascinating account provides a nuanced and important understanding of the political, legal and social history o

This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.

As social practices now frequently extend beyond national boundaries, experiences and expectations about fair and legitimate politics have become increasingly fragmented. Our ability to understand and interpret others and to tolerate difference, rather than overcome diversity, is therefore at risk. This book focuses on the contested meanings of norms in a world of increasing international encounters. The author argues that cultural practices are less visible than organisational practices, but are constitutive for politics and need to be understood and empirically 'accounted' for. Comparing four elite groups in Europe, Antje Wiener shows how this invisible constitution of politics matters. By comparing individual interpretations of norms such as democracy and human rights, she shows how they can mean different things, even to frequently travelling elite groups.

Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special l

Modern ideas of freedom and human rights have been repeatedly contested and are hotly debated at the beginning of the third millennium in response to new theories, needs, and challenges in contemporar

Modern ideas of freedom and human rights have been repeatedly contested and are hotly debated at the beginning of the third millennium in response to new theories, needs, and challenges in contemporar