Understanding Statelessness offers a comprehensive, in-depth examination of statelessness. The volume presents the theoretical, legal and political concept of statelessness through the work of leading critical thinkers in this area. They offer a critique of the existing framework through detailed and theoretically-based scrutiny of challenging contexts of statelessness in the real world and suggest ways forward. The volume is divided into three parts. The first, ‘Defining Statelessness’, features chapters exploring conceptual issues in the definition of statelessness. The second, ‘Living Statelessness’, uses case studies of statelessness contexts from States across global regions to explore the diversity of contemporary lived realities of statelessness and to interrogate standard theoretical presentations. ‘Theorising Statelessness’, the final part, approaches the theorisation of statelessness from a variety of theoretical perspectives, building upon the earlier sections. All the chapters come together to suggest a rethinking of how we approach statelessness. They raise questions and seek answers with a view to contributing to the development of a theoretical approach which can support more just policy development. Throughout the volume, readers are encouraged to connect theoretical concepts, real-world accounts and challenging analyses. The result is a rich and cohesive volume which acts as both a state-of-the-art statement on statelessness research and a call to action for future work in the field. It will be of great interest to graduates and scholars of political theory, human rights, law and international development, as well as those looking for new approaches to thinking about statelessness.
Author: Peter Haschke
Release Date: 2017-11-01
Genre: Political Science
Violations of the right to the physical integrity of the person, such as torture, cruel and unusual punishment, extra-judicial executions, disappearances, and political imprisonment have long been treated as an anomaly in democratically governed societies. In the current literature on human rights, violations of this right are by-and-large seen as the hallmark of autocratic and repressive regimes. This study takes on this dominant paradigm and shows not only that the common assumption that democratic countries effectively limit human rights abuse is simply wrong, but that its widely accepted theory of what drives human rights violations accounts for only a small part of these abuses at best. Haschke shows that despite the increasing numbers of countries that are democracies, and despite growing numbers of national signatories to international treaties prohibiting human rights abuse, the number of allegations has not declined. This book also demonstrates that the bulk of this abuse, which takes the form of torture and ill-treatment, extra-judicial killings, rape, and the like, is committed against marginal members of society, seeming to reveal environments that enable agents of the state to abuse those with whom they are in contact. This violence is found in democracies and dictatorships alike. This work will be of interest to students and scholars of international relations, human rights and comparative politics.
Author: Neil A. Englehart
Release Date: 2017-05-08
Genre: Political Science
This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.
Hannah Arendt and the Challenge of Modernity explores the theme of human rights in the work of Hannah Arendt. Parekh argues that Arendt's contribution to this debate has been largely ignored because she does not speak in the same terms as contemporary theoreticians of human rights. Beginning by examining Arendt’s critique of human rights, and the concept of "a right to have rights" with which she contrasts the traditional understanding of human rights, Parekh goes on to analyze some of the tensions and paradoxes within the modern conception of human rights that Arendt brings to light, arguing that Arendt’s perspective must be understood as phenomenological and grounded in a notion of intersubjectivity that she develops in her readings of Kant and Socrates.
Author: Victoria Redclift
Release Date: 2013-06-26
Genre: Business & Economics
What does it mean to be a citizen? In depth research with a stateless population in Bangladesh has revealed that, despite liberal theory’s reductive vision, the limits of political community are not set in stone. The Urdu-speaking population in Bangladesh exemplify some of the key problems facing uprooted populations and their experience provides insights into the long term unintended consequences of major historical events. Set in a site of camp and non-camp based displacement, it illustrates the nuances of political identity and lived spaces of statelessness that Western political theory has too long hidden from view. Using Bangladesh as a case study, Statelessness and Citizenship: Camps and the creation of political space argues that the crude binary oppositions of statelessness and citizenship are no longer relevant. Access to and understandings of citizenship are not just jurally but socially, spatially and temporally produced. Unpicking Agamben’s distinction between ‘political beings’ and ‘bare life’, the book considers experiences of citizenship through the camp as a social form. The camps of Bangladesh do not function as bounded physical or conceptual spaces in which denationalized groups are altogether divorced from the polity. Instead, citizenship is claimed at the level of everyday life, as the moments in which formal status is transgressed. Moreover, once in possession of ‘formal status’ internal borders within the nation-state render ‘rights-bearing citizens’ effectively ‘stateless’, and the experience of ‘citizens’ is very often equally uneven. While ‘statelessness’ may function as a cold instrument of exclusion, certainly, it is neither fixed nor static; just as citizenship is neither as stable nor benign as the dichotomy would suggest. Using these insights, the book develops the concept of ‘political space’ – an analysis of the way history and space inform the identities and political subjectivity available to people. In doing so, it provides an analytic approach of relevance to wider problems of displacement, citizenship and ethnic relations. Shortlisted for this year’s BSA Philip Abrams Memorial Prize.
Author: John R. Campbell
Release Date: 2013-07-18
Genre: Business & Economics
In 1998 a bloody war erupted in The Horn of Africa between Ethiopia and Eritrea. During the war Ethiopia arrested and expelled 70,000 of its citizens, and stripped another 50,000-plus of their citzenship on the basis of their presumed ethnicity. Nationalism, Law and Statelessness: Grand Illusions in the Horn of Africa examines the events which led up to the war, documents the expulsions and denationalisations that took place and follows the flight of these stateless Ethiopians out of the Horn into Europe. The core issue examined is the link between sovereignty and statelessness as this plays out in The Horn of Africa and in the West. The book provides a valuable insight into how nations create and perpetuate statelessness, the failure of law, both national and international, to protect and address the plight of stateless persons, and the illusory nature of nationalism, citizenship and human rights in the modern age. The study is one of a very few which examines the problem of statelessness through the accounts of stateless persons themselves. This book will be of great interest to students and researchers in anthropology, law, politics, African studies and refugee studies as well as professionals and all those interested in stateless persons in the West, including Eritreans, who continue to be denied basic rights.
Author: Jon P. Mitchell
Release Date: 2003-09-02
Genre: Political Science
In the West we frequently pay lip service to universal notions of human rights. But do we ever consider how these work in local contexts and across diverse cultural and ethical structures? Do human rights agendas address the problems many people face, or are they more often the imposition of Western values onto largely non-Western communities? Human Rights in a Global Perspective develops a social critique of rights agendas. It provides an understanding of how rights discussions and institutions can construct certain types of subjects such as victims and perpetrators, and certain types of act, such as common crimes and crimes against humanity. Using examples from the United States, Europe, India and South Africa, the authors restore the social dimension to rights processes and suggest some ethical alternatives to current practice.
Author: Edwin Amenta
Publisher: John Wiley & Sons
Release Date: 2012-02-02
Genre: Social Science
The Wiley-Blackwell Companion to Political Sociology is a complete reference guide, reflecting the scope and quality of the discipline, and highlighting emerging topics in the field. Global in focus, offering up-to-date topics from an interdisciplinary, international set of scholars addressing key issues concerning globalization, social movements, and citizenship The majority of chapters are new, including those on environmental politics, international terrorism, security, corruption, and human rights Revises and updates all previously published chapters to include new themes and topics in political sociology Provides an overview of scholarship in the field, with chapters working independently and collectively to examine the full range of contributions to political sociology Offers a challenging yet accessible and complete reference guide for students and scholars
Author: Rhona K.M. Smith
Release Date: 2013-05-02
Text and Materials on International Human Rights offers a carefully tailored overview of the subject, divided into four sections that cover: sources and theories; institutions and structures; substantive rights; and a new concluding section on the challenges for human rights law. The third edition is fully updated to include all key developments, in particular issues around torture, terrorism and international criminal law. This collection of materials offers a comprehensive overview of the institutional structures relevant to international human rights law, crucial to the understanding of how law works in this challenging area. Designed to guide students through the fundamental texts for this subject, the author’s commentary contextualises each extract to explain its relevance, while highlighted further reading makes links to cutting edge academic commentary to provide next steps for student research. Offering a clear text design that distinguishes between materials and author commentary, and including reflective questions throughout to aid understanding, this book is ideal for students seeking to engage with the key issues in the study of International Human Rights.
Author: William Conklin
Publisher: Bloomsbury Publishing
Release Date: 2014-12-01
'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.
Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
What challenges are posed by changing transnational trends, agendas and movements that affect disabled people’s lives, and what can disabled people, their representative organisations and their governments do to advance the agenda for self-determination and inclusion? This book draws together the writing of academics and activists to depict the experience and perspective of disabled people in relation to a range of contemporary social changes, with a focus firmly on ways in which disabled people and their allies can act to counter disabling policies and practices. Throughout the book there is an emphasis on disabled people’s own voices and activism as the critical driver of theoretical critique and practical change. Chapters address a wide range of cultural, institutional and personal arenas to explore and contest the boundaries that disabled people seek to move beyond, from cross-border labour movements in Korea to experience of day services in England, from continuing and long-lasting realities of wars in Lebanon, Cambodia and Somalia to the beauty of harmony in Navajo traditions for understanding disability, from collective activism to individual participation in the Olympics. This book is recommended reading for students, researchers and activists interested in Disability Studies and is directly relevant to policy makers and practitioners in a position to reshape rights, spaces and innovations in response to the priorities disabled people feel and articulate are important for their lives. It was originally published as a special issue of Disability & Society.
Author: Alison Kesby
Publisher: Oxford University Press
Release Date: 2012
Is it citizenship of a state or status as a human being that confers human rights on a person? If a person is stateless, how, and in what way, do human rights still apply to them? This book addresses these questions in the context of international human rights law and the notion of the 'right to have rights'.