Local Autonomy As A Human Right

Local Autonomy as a Human Right contends that local communities struggle to preserve their territorial autonomy over time despite changes to the broader political and geographic contexts within which they are embedded. Forrest argues that this both reflects and is evidence of a worldwide embrace of local control as a key political and social value, indeed, of such importance that it should be embraced and codified as a human right. This study weaves together evidence grounded in a variety of disciplines - history, geography, comparative politics, sociology, public policy, anthropology, international jurisprudence, rural studies, urban studies -- to make clear that a presumed, inherent moral right to local self-determination has been manifested in many different historical and social contexts. This book constructs a compelling argument favoring a human right to local autonomy. It identifies practical factors that help to account for the relative success of communities that are able to assert local control over time. Here, particular attention is paid to whether localities are able to generate policy and organizational capacity. Forrest suggests that a focus on local policy and organizational capacity can help to explain why some communities attempting to assert greater local control are more successful than others. Local Autonomy as a Human Right contributes to scholarly debates regarding the varied impacts of globalization, with the place-based perspective and moral emphasis on territorial-centered rights put forth herein offering a necessary counter-narrative to the often-presumed predominance of global forces.

The Israel Yearbook on Human Rights - an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971 - is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials, relating to Israel and the Administered Areas, which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations). Volume 25 contains, among others, articles on The Israel Supreme Court and the Law of Belligerent Occupation; The Gaza and Jericho Autonomy and Human Rights; and The Contribution of Latin America to the Development of the International Court of Justice.

One of the last Prussian Reforms during the Napoleonic Era was the constitution of local autonomy for the cities. Proof of its lasting importance is that it was the cities that carried out the deficit-based employment policies of the early 1930s also had to carry the burden of a democratic reconstitution of Germany in the postwar period. After the crushing defeat at Napoleon’s hands, likewise the reconstitution of Prussia fell to the cities. Today, the same constellation of problems can be found on different stages. Europe, as it is growing together, faces a democracy deficit which ultimately will have to be addressed by the cities. The countries in transition and undergoing transformation likewise will have to find arenas for democratic decision making, which likely will be at the municipal level. Finally, the United States of America also faces a quagmire at the federal level which ultimately will have to be resolved at the state or local level. Contributions to this book examine all of these issues, making it of interest to students in urban studies, public administration, history and political science as well as policy-makers concerned with local government and autonomy.

The most important characteristics of human rights are enumerated in a clear and concise discussion that analyzes the problem of making human rights real, not just hypothetical, worldwide. Building on definitions of human rights used by the United Nations and other international bodies, and without being sidetracked by nettlesome discussions of specific troubling cases of rights abuses, the author describes the main characteristics of the system of human rights. He focuses on universality, interdependence, differences between types of rights, absolute or limited rights, the subjects of rights (individuals or groups) and the links between rights and the judicial system and between rights and democracy. He then discusses some of the instruments we can use to promote respect for human rights, the means by which we might make these rights real for a greater portion of humanity. Along the way, he analyzes some of the related controversies regarding sovereignty versus international intervention, globalization and questions of cultural imperialism as they bear upon human rights. When do we have a right to impose rights or to defend ourselves from intervention? This systematic discussion presents a complex and difficult topic in an understandable framework accessible to the general public, and will stand as a useful foundation for readings of more specialized scientific, legal and philosophical works. Where most human rights books for the nonspecialist focus on specific instances of rights abuses, this work provides a more general approach focused on the logic in the system of human rights.

Beyond Autonomy forces readers to rethink the purpose of autonomy as a central organising pillar of federalism asking how modern federalism can be reimagined in the 21st Century.

Both human rights and globalization are powerful ideas and processes, capable of transforming the world in profound ways. Notwithstanding their universal claims, however, the processes are constructed, and they draw their power from the specific cultural and political contexts in which they are constructed. Far from bringing about a harmonious cosmopolitan order, they have stimulated conflict and opposition. In the context of globalization, as the idea of human rights has become universal, its meaning has become one more terrain of struggle among groups with their own interests and goals. Part I of this volume looks at political and cultural struggles to control the human rights regime -- that is, the power to construct the universal claims that will prevail in a territory -- with respect to property, the state, the environment, and women. Part II examines the dynamics and counterdynamics of transnational networks in their interactions with local actors in Iran, China, and Hong Kong. Part III looks at the prospects for fruitful human rights dialogiue between competing universalisms that by definition are intolerant of conradiction and averse to compromise.