The central question taken up by this essay collection is the degree to which judges have--or have not--served as protectors of human rights. Although the judiciary is nominally a part of the governing structure, it is also nearly always the case that it stands apart from the political actors who make and carry out policy. Thus, Gibney and Frankowski contend, judges have not designed or carried out the myriad human rights violations that are so common in the world today.
The key question asked in this volume is to what extent have courts merely abided by egregious practices, or perhaps...
The central question taken up by this essay collection is the degree to which judges have--or have not--served as protectors of human rights. Altho...
Of all the humanitarian impulses in world politics today, one of the most widely recognized is the need to protect refugees. However, as The Problems of Protection explores, what on the surface appears to be a simple proposition can quickly become complex and controversial. This complexity results in troubling variation in how we respond to our obligation to protect refugees - while NATO launches a major military intervention on behalf of Albanians in Kosovo amidst worldwide media attention, the international community's response to Sierra Leonean refugees is slow, inefficient and...
Of all the humanitarian impulses in world politics today, one of the most widely recognized is the need to protect refugees. However, as The Problems ...
The immigration problem, which has been debated in the United States for over a century, is not likely to go away--least of all with the numbers of refugees and displaced and impoverished workers continuing to mount worldwide. The current bitterness and legislative stalemate over immigration policy are indications that new approaches to the issue need to be found. Removing himself from the specifics of the current congressional debate, Mark Gibney asks whether we are addressing the right questions and employing the correct criteria under our present admission practices. From a...
The immigration problem, which has been debated in the United States for over a century, is not likely to go away--least of all with the numbers of...
Immigration and refugee policies have traditionally been based on two assumptions: first, that national sovereignty implies absolute control of a country's borders and, second, that outsiders are to be admitted only when it serves the national interest. Moral or ethical concerns have not played a central role in policy formation anywhere in the world. This collection of essays challenges the traditional politically oriented position, analyzes the moral issues involved, and develops models for morally responsible immigration and refugee policies in a contemporary political setting. The...
Immigration and refugee policies have traditionally been based on two assumptions: first, that national sovereignty implies absolute control of a c...
Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights.
Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an...
Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relatio...
There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second, our interpretation of international human rights law allows this state of affairs to worsen.
Refugee protection has been a longstanding policy that ostensibly protects victims of human rights violations from other countries. In actuality, protection is largely negated by systematic efforts by industrialized states to reduce the number...
There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs)...
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational...
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligatio...
In order to be able to protect human rights, it is first necessary to see the denial of those rights. Aside from experiencing human rights violations directly, either as a victim or as an eyewitness, more than any other medium film is able to bring us closer to this aspect of the human experience. Yet, notwithstanding its importance to human rights, film has received virtually no scholarly attention and thus one of the primary goals of this book is to begin to fill this gap. From an historical perspective, human rights were not at all self-evident by reason alone, but had to gain standing...
In order to be able to protect human rights, it is first necessary to see the denial of those rights. Aside from experiencing human rights violations ...
This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights...
This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many acade...
This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many academics that human rights obligations extend no further than their own territorial borders. Mark Gibney critiques cases from the U.S. Supreme Court, the International Court of Justice, and the European Court of Human Rights, arguing for a much broader reading of state responsibility on the basis that current law misses most of the ways in which states fail to protect human rights standards. Finally, Gibney takes up the issue of human rights...
This clear and compelling text confronts the dominant thinking on human rights, taking issue with the notion adopted by all states and even many acade...
