The Slave Trade And The Origins Of International Human Rights Law
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The Slave Trade And The Origins Of International Human Rights Law
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Author : Jenny S. Martinez
language : en
Publisher: OUP USA
Release Date : 2012-01-04
The Slave Trade And The Origins Of International Human Rights Law written by Jenny S. Martinez and has been published by OUP USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-04 with History categories.
There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.
The Origins Of African American Interests In International Law
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Author : Henry J. Richardson (III.)
language : en
Publisher:
Release Date : 2008
The Origins Of African American Interests In International Law written by Henry J. Richardson (III.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This book explores the birth of the African-American international tradition and, particularly, the roots of African Americans' stake in international law. Richardson considers these origins as only formally arising about 1619, the date the first Africans were landed at Jamestown in the British North American colony of Virginia. He looks back to the opening of the European slave trade out of Africa and to the 1500s and the first arrival of Africans on the North American continent. Moving through the pre-Independence period, the American Revolution, the Constitutional Convention, and the Westward Migration, the book ends around 1820. This historical period also roughly corresponds to two other key historical phenomena greatly affecting the Atlantic Ocean basin: the rise of international law as a modern legal system (including European states and their Atlantic colonies) and the rise and flourishing of the international slave trade in African slaves to the Americas by European and New World governments and merchants. Only by placing African slavery in the British North American colonies in the context of the international slave system encompassing and linking the New World can the voices, struggles, demands, claims, and decisions of slaves and Free Blacks in North America towards freedom, relative to their evolving interests under international law, be properly understood. These interests comprise no less than the birth of an African-American international jurisprudence. "This magnificent study by Professor Richardson of the relevance of international law to the struggle of African Americans against slavery and the slave trade of the course of several centuries deserves the widest possible reading. Such an outstanding jurisprudential account of anti-slavery resistance from the perspective of slavery's captives fills a crucial gap in the scholarly literature. It is a great contribution." -- Richard Falk, Albert G. Milbank Professor of International Law and Practice Emeritus, Princeton University, and Visiting Professor of Global and International Studies, University of California at Santa Barbara "Richardson presents a thorough analysis of African American interests in international law and how principles emanating from outside law have historically been linked to Blacks' appeals to quality and freedom. The book is most appropriate for the graduate and professional (law) level and would be suited for courses in African American/American History, Race and the Law, and American Legal History." -- Law & Politics Book Review "Richardson has written a decidedly original and provocative volume that is a fascinating, intriguing, and tremendously informative read... [T]his book is a treasure trove of information... The depth of research, which must be commended, and Richardson's astute analysis make this volume a useful one for any library and an absolute necessity for institutional collections." -- The American Journal of International Law
The Slave Trade Abolition And The Long History Of International Criminal Law
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Author : Emily Haslam
language : en
Publisher: Routledge
Release Date : 2019-09-20
The Slave Trade Abolition And The Long History Of International Criminal Law written by Emily Haslam and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-20 with History categories.
Modern international criminal law typically traces its origins to the twentieth-century Nuremberg and Tokyo trials, excluding the slave trade and abolition. Yet, as this book shows, the slave trade and abolition resound in international criminal law in multiple ways. Its central focus lies in a close examination of the often-controversial litigation, in the first part of the nineteenth century, arising from British efforts to capture slave ships, much of it before Mixed Commissions. With archival-based research into this litigation, it explores the legal construction of so-called ‘recaptives’ (slaves found on board captured slave ships). The book argues that, notwithstanding its promise of freedom, the law actually constructed recaptives restrictively. In particular, it focused on questions of intervention rather than recaptives’ rights. At the same time it shows how a critical reading of the archive reveals that recaptives contributed to litigation in important, but hitherto largely unrecognized, ways. The book is, however, not simply a contribution to the history of international law. Efforts to deliver justice through international criminal law continue to face considerable challenges and raise testing questions about the construction – and alternative construction – of victims. By inscribing the recaptive in international criminal legal history, the book offers an original contribution to these contentious issues and a reflection on critical international criminal legal history writing and its accompanying methodological and political choices.
The Law And Slavery
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Author : Jean Allain
language : en
Publisher: BRILL
Release Date : 2015-05-19
The Law And Slavery written by Jean Allain and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-19 with Law categories.
The Law and Slavery sets out the articles, book reviews and case notes by Professor Jean Allain which led to pioneering exploration of forced labour, servitudes, slavery, the slave trade, and trafficking in his 2013 Slavery in International Law: Of Human Exploitation and Trafficking (MNP). This collection brings together Professor Allain’s considerations of the evolution of legal abolition internationally, his critique of the then status quo in the area of slavery and the law, and goes on to develop the foundations of a legal understanding of various servitudes and slavery based on his archival research and legal analysis. Professor Allain’s research has transformed the landscape of how we understand contemporary slavery and those other servitudes which constitute human exploitation.
Business And Human Rights
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Author : Nadia Bernaz
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04
Business And Human Rights written by Nadia Bernaz and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Business & Economics categories.
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.
The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-08-29
The Law Of International Human Rights Protection written by Walter Kälin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.
Business And Human Rights
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Author : Nadia Bernaz
language : en
Publisher: Routledge
Release Date : 2016-10-04
Business And Human Rights written by Nadia Bernaz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Business & Economics categories.
Business corporations can and do violate human rights all over the world, and they are often not held to account. Emblematic cases and situations such as the state of the Niger Delta and the collapse of the Rana Plaza factory are examples of corporate human rights abuses which are not adequately prevented and remedied. Business and human rights as a field seeks to enhance the accountability of business – companies and businesspeople – in the human rights area, or, to phrase it differently, to bridge the accountability gap. Bridging the accountability gap is to be understood as both setting standards and holding corporations and businesspeople to account if violations occur. Adopting a legal perspective, this book presents the ways in which this dual undertaking has been and could be further carried out in the future, and evaluates the extent to which the various initiatives in the field bridge the corporate accountability gap. It looks at the historical background of the field of business and human rights, and examines salient periods, events and cases. The book then goes on to explore the relevance of international human rights law and international criminal law for global business. International soft law and policy initiatives which have blossomed in recent years are evaluated along with private modes of regulation. The book also examines how domestic law, especially the domestic law of multinational companies’ home countries, can be used to prevent and redress corporate related human rights violations.
Human Rights And The Uses Of History
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Author : Samuel Moyn
language : en
Publisher: Verso Books
Release Date : 2014-06-17
Human Rights And The Uses Of History written by Samuel Moyn and has been published by Verso Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-17 with Political Science categories.
What are the origins of human rights? This question, rarely asked before the end of the Cold War, has in recent years become a major focus of historical and ideological strife. In this sequence of reflective and critical studies, Samuel Moyn engages with some of the leading interpreters of human rights, thinkers who have been creating a field from scratch without due reflection on the local and temporal contexts of the stories they are telling. Having staked out his owns claims about the postwar origins of human rights discourse in his acclaimed Last Utopia, Moyn, in this volume, takes issue with rival conceptions—including, especially, those that underlie justifications of humanitarian intervention
The Universal Declaration Of Human Rights
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Author :
language : en
Publisher:
Release Date : 1978
The Universal Declaration Of Human Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Civil rights categories.
The Oxford Handbook Of International Human Rights Law
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Author : Dinah Shelton
language : en
Publisher: OUP Oxford
Release Date : 2013-10-24
The Oxford Handbook Of International Human Rights Law written by Dinah Shelton and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-24 with Law categories.
The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.