Community and Collective Rights

Community and Collective Rights
Author: Dwight Newman
Publsiher: Bloomsbury Publishing
Total Pages: 260
Release: 2011-07-13
Genre: Law
ISBN: 9781847317780

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This book presents an argument for the existence of moral rights held by groups and a resulting account of how to reconcile group rights with individual rights and with the rights of other groups. Throughout, the author shows applications to actual legal and political controversies, thus tying the normative theory to actual legal practice. The author presents collective moral rights as an underlying normative explanation for various legal norms protecting group rights in domestic and international legal contexts. Examples at issue include rights held by indigenous peoples, by trade unions, and by religious and cultural minority groups. The account also bears on contemporary discussions of multiculturalism and recognition, on debates about reasonable accommodation of minority communities, and on claims for third generation human rights. The book will thus be relevant both to theorists and to legal and human rights practitioners interested in related areas.

Cultural Rights as Collective Rights

Cultural Rights as Collective Rights
Author: Andrzej Jakubowski
Publsiher: BRILL
Total Pages: 400
Release: 2016-07-21
Genre: Law
ISBN: 9789004312029

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Cultural Rights as Collective Rights offers a comprehensive analysis of the conceptualisation and operationalisation of collective cultural rights in distinct areas of international law. It also provides a wide panorama of case-law from every region of the world.

Community and Collective Rights

Community and Collective Rights
Author: Dwight Gordon Newman
Publsiher: Unknown
Total Pages: 776
Release: 2005
Genre: Human rights
ISBN: OCLC:64698252

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A Liberal Theory of Collective Rights

A Liberal Theory of Collective Rights
Author: Michel Seymour
Publsiher: McGill-Queen's Press - MQUP
Total Pages: 135
Release: 2017-11-27
Genre: Political Science
ISBN: 9780773552494

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Most states are multination states, and most peoples are stateless peoples. Just as collectives can behave as sovereign states only if they are recognized by the international community, liberal multination states must recognize stateless peoples in order to determine their political status within that state. There is, however, no agreement on the kind of principles that should be considered, especially under classical liberalism, which gives individuals preeminence over groups. Liberal theories that attempt to accommodate collective rights are often based on a comprehensive version of liberalism that subscribes to moral individualism. Within such a framework, they develop a watered-down concept of collective rights. In A Liberal Theory of Collective Rights Michel Seymour explores the theoretical resources of John Rawls’s political liberalism and shows that this particular approach can accommodate genuine collective rights. By Rawls’s account, Seymour explains, peoples are moral agents and sources of valid moral claims and are therefore entitled to collective rights. These kinds of rights translate, in the constitution of the multination state, to a true political recognition for stateless peoples. Ultimately, A Liberal Theory of Collective Rights answers three important questions: Who is the subject of collective rights? What is the object of collective rights? And can they be institutionalized in real politics?

Group Rights

Group Rights
Author: Judith Baker
Publsiher: Unknown
Total Pages: 246
Release: 1994
Genre: Civil rights
ISBN: UOM:39076001477608

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7. The rights of immigrants: Joseph H. Carens

Human Rights

Human Rights
Author: Laura Westra
Publsiher: University of British Columbia Press
Total Pages: 0
Release: 2012-07
Genre: Law
ISBN: 0774821183

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International law has evolved over the course of the twentieth century to protect human rights. But what are human rights? Does the term have the same meaning in a world being transformed by global warming and the effects of globalized trade? Are existing laws sufficient to ensure humanity's survival? Drawing on case law and practice and examples from philosophy, law, and ecology, Laura Westra argues that the current system is not adequate: international law privileges individual over collective rights, permitting multinational corporations to overlook the collectivity and the environment in their quest for wealth and power. Unless policy makers redefine human rights and reformulate environmental law and policies to protect the preconditions for life itself -- water, food, clean air, and biodiversity -- humankind, particularly indigenous peoples and local communities in the developing world, will face the complete loss of the ecological commons, the preservation of which is one of our most basic human rights. Westra not only assesses the limitations of law, she also proposes possible paths to an ecologically safer future, including a new kind of cosmopolitanism, one that has the United Nations as a focal point for a new international legal order. Laura Westra holds doctorates in both philosophy and jurisprudence, and has taught in the fields of philosophy, ethics, and environmental law at several US, Canadian, and Italian universities.

Communities and Law

Communities and Law
Author: Gad Barzilai
Publsiher: University of Michigan Press
Total Pages: 381
Release: 2010-02-05
Genre: Law
ISBN: 9780472024001

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Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.

The UN Declaration on the Rights of Indigenous Peoples

The UN Declaration on the Rights of Indigenous Peoples
Author: Jessie Hohmann,Marc Weller
Publsiher: Oxford University Press
Total Pages: 657
Release: 2018
Genre: Law
ISBN: 9780199673223

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The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--