Rights Beyond Borders

States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines - from literature to political science to philosophy - the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.

Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

In her innovative study of human rights discourse, Lena Khor takes up the prevailing concern by scholars who charge that the globalization of human rights discourse is becoming yet another form of cultural, legal, and political imperialism imposed from above by an international human rights regime based in the Global North. To counter these charges, she argues for a paradigmatic shift away from human rights as a hegemonic, immutable, and ill-defined entity toward one that recognizes human rights as a social construct comprised of language and of language use. She proposes a new theoretical framework based on a global discourse network of human rights, supporting her model with case studies that examine the words and actions of witnesses to genocide (Paul Rusesabagina) and humanitarian organizations (Doctors Without Borders). She also analyzes the language of texts such as Michael Ondaatje's Anil's Ghost. Khor's idea of a globally networked structure of human rights discourse enables actors (textual and human) who tap into or are linked into this rapidly globalizing system of networks to increase their power as speaking subjects and, in so doing, to influence the range of acceptable meanings and practices of human rights in the cultural sphere. Khor’s book is a unique and important contribution to the study of human rights in the humanities that revitalizes viable notions of agency and liberatory network power in fields that have been dominated by negative visions of human capacity and moral action.

Part One: The setting

In Activists beyond Borders, Margaret E. Keck and Kathryn Sikkink examine a type of pressure group that has been largely ignored by political analysts: networks of activists that coalesce and operate across national frontiers. Their targets may be international organizations or the policies of particular states. Historical examples of such transborder alliances include anti-slavery and woman suffrage campaigns. In the past two decades, transnational activism has had a significant impact in human rights, especially in Latin America, and advocacy networks have strongly influenced environmental politics as well. The authors also examine the emergence of an international campaign around violence against women.

The growing scale of international migration has reshaped the debate on the social rights and social protection available to people outside their countries of origin. This book uses conceptual frameworks, policy analysis and empirical studies of migrants to explore international migrants' needs for and access to social protection across the world.

Explores new forms of belonging across borders to foster more robust protections for non-citizens. This title is available as Open Access on Cambridge Core.

Over the five decades since the establishment of the UN Charter and Universal Declaration of Human Rights, human rights issues have become a dominant feature of the international system, embracing new actors, eroding the traditional Westphalian concept of sovereignty, and leading to an acceptance that the treatment of individuals and groups within domestic societies is legitimately a focus of global attention. This book examines the affect that this normative evolution has had on the individual, state, institutional and advocacy network behaviour. Having described this normative environment it assesses its impact on key actors' relationships with China, especially in the period since the Tiananmen bloodshed in June 1989. It also examines China's responses–international and internal–to being the focus of global attention in this issue area. The book's theoretical concerns are to uncover the conditions under which international human rights norms influence behaviour, including domestic changes within states, and about the operation of norms in the global system.