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Protecting the Individual from International Authority

Author: Monika Heupel

Publisher:

Published: 2017

Total Pages:

ISBN-13: 9781316621820

International organizations (IOs) develop institutional provisions to make sure that their policies do not violate human rights. Accordingly, whilst IOs have a greater scope of action and ability to promote collective goods than ever before, they also have a greater capacity to do harm. Based on ten case studies on UN and EU sanctions policy, UN and NATO peacekeeping, and World Bank and IMF lending, this book examines human rights violations which can arise from the actions of IOs rather than those of states. It further explains how powerful IOs have introduced human rights protection provisions and analyzes the features of these provisions, including differences in their design and quality. This book provides evidence of a novel legitimation strategy authoritative IOs draw on that has, as yet, never been systematically studied before.

Protecting the Individual from International Authority

Author: Monika Heupel

Publisher: Cambridge University Press

Published: 2017-04-27

Total Pages: 381

ISBN-13: 1316764427

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A Theory of Global Governance

Author: Michael Zürn

Publisher: Oxford University Press

Published: 2018-03-09

Total Pages: 368

ISBN-13: 0192551809

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This book offers a major new theory of global governance, explaining both its rise and what many see as its current crisis. The author suggests that world politics is now embedded in a normative and institutional structure dominated by hierarchies and power inequalities and therefore inherently creates contestation, resistance, and distributional struggles. Within an ambitious and systematic new conceptual framework, the theory makes four key contributions. Firstly, it reconstructs global governance as a political system which builds on normative principles and reflexive authorities. Second, it identifies the central legitimation problems of the global governance system with a constitutionalist setting in mind. Third, it explains the rise of state and societal contestation by identifying key endogenous dynamics and probing the causal mechanisms that produced them. Finally, it identifies the conditions under which struggles in the global governance system lead to decline or deepening. Rich with propositions, insights, and evidence, the book promises to be the most important and comprehensive theoretical argument about world politics of the 21st century.

International Authority and the Responsibility to Protect

Author: Anne Orford

Publisher: Cambridge University Press

Published: 2011-01-20

Total Pages: 247

ISBN-13: 1139494244

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The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

Customary International Humanitarian Law

Author: Jean-Marie Henckaerts

Publisher: Cambridge University Press

Published: 2005-03-03

Total Pages: 610

ISBN-13: 0521808995

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Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Accountability in Global Governance

Author: Gisela Hirschmann

Publisher: Oxford University Press

Published: 2020-06-19

Total Pages: 288

ISBN-13: 0192605488

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How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? This book provides a new conceptual framework to study pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. Based on a rich study of UN-mandated operations in Afghanistan, Bosnia and Kosovo, the EU Troika's austerity policy, and Global Public-Private Health Partnerships in India, this book analyzes how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of alternative accountability mechanisms for legitimacy of IOs, this book also argues that pluralist accountability should not be regarded as a panacea for IOs' legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

Emergency Powers of International Organizations

Author: Christian Kreuder-Sonnen

Publisher: Oxford University Press, USA

Published: 2019-11-13

Total Pages: 267

ISBN-13: 0198832931

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Emergency Powers of International Organizations explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This ''IO exceptionalism'' is observable in crisis responses of a diverse set of institutions including the United Nations Security Council, the European Union, and the World Health Organization. Through six in-depth case studies, the book analyzes the institutional dynamics unfolding in the wake of the assumption of emergency powers by IOs. Sometimes, the exceptional competencies become normalized in the IOs' authority structures (the ''ratchet effect"). In other cases, IO emergency powers provoke a backlash that eventually reverses or contains the expansions of authority (the "rollback effect"). To explain these variable outcomes, this book draws on sociological institutionalism to develop a proportionality theory of IO emergency powers. It contends that ratchets and rollbacks are a function of actors' ability to justify or contest emergency powers as (dis)proportionate. The claim that the distribution of rhetorical power is decisive for the institutional outcome is tested against alternative rational institutionalist explanations that focus on institutional design and the distribution of institutional power among states. The proportionality theory holds across the cases studied in this book and clearly outcompetes the alternative accounts. Against the background of the empirical analysis, the book moreover provides a critical normative reflection on the (anti) constitutional effects of IO exceptionalism and highlights a potential connection between authoritarian traits in global governance and the system's current legitimacy crisis.

Beyond Human Rights

Author: Anne Peters

Publisher: Cambridge University Press

Published: 2016-10-27

Total Pages: 645

ISBN-13: 1107164303

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Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Socializing Development

Author: Leon Valentin Schettler

Publisher: transcript Verlag

Published: 2020-03-31

Total Pages: 414

ISBN-13: 3732851834

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As Multilateral Development Banks increasingly gained influence in shaping global development, transnational social movements pushed to hold them accountable for their human rights impact towards communities. Leon Valentin Schettler presents a novel causal mechanism of movement advocacy towards MDBs, combining disruptive and conventional tactics. Systematically comparing the evolution of human rights standards and complaint mechanisms over the last three decades, he reveals how the combination of 1) declining US hegemony, 2) counter-mobilization by China and 3) movement cooptation by the World Bank bureaucracy led to a dilution of human rights accountability in the 2010s.

Protecting the right to freedom of expression under the European Convention on Human Rights

Author: Bychawska-Siniarska, Dominika

Publisher: Council of Europe

Published: 2017-08-04

Total Pages: 124

ISBN-13:

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European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.