This paper examines the normative justification for special rights for Indigenous peoples whose traditional territories straddle contemporary international borders. Examining the Mohawks of Akwesasne (Quebec, Ontario, and New York state) and the Tohono O’odham (Arizona and Sonora, Mexico) as cases, I demonstrate how state claims to territorial jurisdiction and border regulation often interfere with the lives of Indigenous people whose social, cultural, economic, spiritual and political practices and relationships cluster across contemporary international boundaries. Through the concept of group occupancy (...) interests, I argue that members of Indigenous nations whose territories straddle borders possess special rights to access and use lands presently claimed by states of which they are not recognized citizens. Moreover, I demonstrate how border-straddling Indigenous nations challenge the unlimited sovereignty of contemporary states with respect to border policy: the occupancy and self-determination interests of Indigenous peoples may ground the moral rights of their communities to co-manage international border crossings with states. Finally, I argue that collective interests in cross-border political identities and self-determination can ground the rights of Indigenous peoples to form unified cross-border jurisdictional units that demand recognition by states, alongside the rights of Indigenous peoples to regulate group membership. (shrink)

This book is open access under a CC BY-NC 2.5 license. This book offers a devastating look at deeply flawed development processes driven by international finance, African governments and the global consulting industry. It examines major river basin development underway in the semi-arid borderlands of Ethiopia, Kenya and South Sudan and its disastrous human rights consequences for a half-million indigenous people. The volume traces the historical origins of Gibe III megadam construction along the Omo River in Ethiopia-in turn, enabling (...) irrigation for commercial-scale agricultural development and causing radical reduction of downstream Omo and (Kenya's) Lake Turkana waters. Presenting case studies of indigenous Dasanech and northernmost Turkana livelihood systems and Gibe III linked impacts on them, the author predicts agropastoral and fishing economic collapse, region-wide hunger with exposure to disease epidemics, irreversible natural resource destruction and cross-border interethnic armed conflict spilling into South Sudan. The book identifies fundamental failings of government and development bank impact assessments, including their distortion or omission of mandated transboundary assessment, cumulative effects of the Gibe III dam and its linked Ethiopia-Kenya energy transmission 'highway' project, key hydrologic and human ecological characteristics, major earthquake threat in the dam region and widespread expropriation and political repression. Violations of internationally recognized human rights, especially by the Ethiopian government but also the Kenyan government, are extensive and on the increase-with collaboration by the development banks, in breach of their own internal operational procedures. A policy crossroads has now emerged. The author presents the alternative to the present looming catastrophe-consideration of development suspension in order to undertake genuinely independent transboundary assessment and a plan for continued development action within a human rights framework-forging a sustainable future for the indigenous peoples now directly threatened and for their respective eastern Africa states. Claudia Carr's book is a treasure of detailed information gathered over many years concerning river basin development of the Omo River in Ethiopia and its impact on the peoples of the lower Omo Basin and the Lake Turkana region in Kenya. It contains numerous maps, charts, and photographs not previously available to the public. The book is highly critical of the environmental and human rights implications of the Omo River hydropower projects on both the local ethnic communities in Ethiopia and on the downstream Turkana in Kenya. David Shinn Former Ambassador to Ethiopia and to Burkina Faso Adjust Professor of International Affairs, The George Washington University, Washington D.C. (shrink)

Drawing its strength from the UN Charter and UDHR, human rights ethics is a beacon of hope and a promise that requires continuous reaffirmation during these turbulent times. These two documents, with their unwavering faith in ‘fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small,’ have shaped our understanding of human rights as global and universal ethics. However, this faith (...) is now being severely tested by four countercurrents: extremism, exclusionism, selectivism, and populism. These countercurrents pose significant and urgent human rights threats that activists, academics, and policymakers must confront by reasserting the basic core values of the UN Charter and UDHR. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 : (...) 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

In recent decades, the boundaries of democratic polities have been increasingly contested in the field of democratic theory. The theoretical discussion has focused on the philosophical norms that should demarcate the boundaries of democratic constituencies. This article defends and explores an alternative approach that, instead of focusing solely on theoretical norms, theorizes democratic processes of boundary-making. This alternative approach addresses the multiplicity of intertwined boundaries bounding demos and agents capable of transforming and democratizing these multiple boundaries. I characterize a category (...) of agents who democratize symbolic everyday boundaries as transboundary associations. The democratization of the symbolic boundaries of everyday interactions is a necessary condition for the democratization of formal boundary-making, since in democratic orders and societies, institutions cannot simply impose boundaries on people. Transboundary associations produce sites for incipient democratic politics that transcend current institutional and symbolic boundaries, producing possibilities for reciprocal boundary-making. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

The starting point of this paper is that most of the international transboundary water management (TWM) processes taking place globally are driven by ‘the hydraulic mission’ —primarily the construction of mega-infrastructure such as dams and water transfer schemes. The paper argues that such heroic engineering approaches are essentially a masculinised discourse, with its emphasis being on construction, command and control. As a result of this masculinised discourse, the primary actors in TWM processes have been states—represented by technical, economic and (...) political elites operating in what generally gets termed ‘the national interest’. Left out are the local communities relying on the resource directly: the water users; the poor; women; and other important groups. Instruments such as the UN Watercourses Convention of 1997 make an effort to present an attempt at a gender-balanced approach—through asserting the importance of the ‘no-harm rule’ and the ‘equitable share approach’. However, they end up supporting the status quo through the omission of any reference to gender issues. The paper provides an overview of the masculinised discourse on TWM institutions, proposing that this is the case because of the intersection of two masculinised fields—water resource management and the disciplines engaged in the research of transboundary water management, namely, political science and international relations. The paper investigates two southern African examples that illustrate the potential for including a gendered perspective and pro-poor policies that take into account the needs of the water users or ‘stakeholders’. The analysis includes the international and regional legal agreements on transboundary water issues, searching for evidence of a gendered approach. It is concluded that the laws and organisations responsible for transboundary water management currently do not reflect a gendered approach, despite the international recognition given to the necessity of including women in water management structures at all levels. (shrink)

The human brain is divided into two hemispheres, right and left, that are joined by a thick ‘cable’ of neural fibres called the corpus callosum. It has long been observed that injury to the left hemisphere in the average adult damages speech, speech comprehension, and reading, and causes paralysis on the right side of the body. Injury to the right hemisphere, on the other hand, seems to leave linguistic capabilities intact, but causes paralysis on the left side of the body. (...) These observations have given rise to the twin concepts of contralaterality of hemispheric control and cognitive specialization of hemispheric function. As far back as the nineteenth century, it was recognized that the left hemisphere’s specialty was language. Pioneering British neurologist John Hughlings Jackson asserted in 1868 that the left hemisphere was the ‘leading side’ in most people, responsible for the control of speech and will. In the decade of the 1940s, French neurologist Henry Hecaen and British psychologist Oliver Zangwill demonstrated that the right hemisphere, far from being passive, controlled visuospatial processing. (shrink)

The developments along the Mekong River, including in Cambodia, have boomed. There were 755 dams. Of these, 537 have been completed, and 152 have been planned or proposed. Of these, 52 were under construction, and 14 have been canceled or suspended. Of these dams, 392 were hydropower, 337 were irrigation, and 26 were other types (CGIAR, 2015). Even though some officials saw economic development as a result of the hydropower dam, the negative impacts of hydropower dams were seen by many (...) local experts and NGOs. The negative impacts include reduced fishing stocks and exacerbated socio-economic issues (Asia and the Pacific Policy Society, 2022). Experts have conducted some research on ecosystems and livelihoods, but there has been a lack of studies conducted by local communities to investigate their cross-border impacts as a result of the hydropower dam, despite the fact that local communities have been facing issues as a result of the Mekong Development. The community research protocol was developed to improve local communities' understanding of their local contexts and their confidence in negotiating with decision-makers and policymakers to address and respond to their needs and the findings of studies on local planning for sustainable community development. The paper aims to guide community leaders and staff in conducting community research on transboundary impacts on fisheries resources, ecosystems, and the livelihoods of local communities using their knowledge. (shrink)

Human Rights and the Ethics of Globalization provides a balanced, thoughtful discussion of the globalization of the economy and the ethical considerations inherent in the many changes it has prompted. The book's introduction maps out the philosophical foundations for constructing an ethic of globalization, taking into account both traditional and contemporary sources. These ideals are applied to four specific test cases: the ethics of investing in China, the case study of the Firestone company's presence in Liberia, free-trade and fair-trade (...) issues pertaining to the coffee trade with Ethiopia and the use of low-wage factories in Mexico to serve the US market. The book concludes with a comprehensive discussion of how to enforce global compliance with basic human rights standards, with particular attention to stopping abuses by multinational corporations through litigation under the Alien Tort Claims Act. (shrink)

The Right and the Good, a classic of twentieth-century philosophy by the eminent scholar Sir David Ross, is now presented in a new edition with a substantial introduction by Philip Stratton-Lake, a leading expert on Ross. Ross's book is the pinnacle of ethical intuitionism, which was the dominant moral theory in British philosophy for much of the nineteenth and early twentieth century. Intuitionism is now enjoying a considerable revival, and Stratton-Lake provides the context for a proper understanding of Ross's great (...) work today. (shrink)

Theories of rights seem well equipped to explain widely accepted claims about the morality of harming. But can they explain popular claims about the morality of imposing risks of harm? Many think not. But a plausible theory of rights can explain those claims if it says we have the right that others not impose risks of harm upon us. That is a good reason to believe we have that right. There are many objections to the claim that we (...) have that right, but none of them are sound. Among the topics covered are: the permissibility of rights infringements, trivial rights infringements, the permissibility of risk impositions, the aggregation of rights, consent, self-defense, punishment, and compensation. (shrink)

This study examines the role of human rights violations as a harbinger of civil wars to come, as well as the links between repression, state weakness, and conflict. Human rights violations are both part of the escalating process that may end in civil war and can contribute to an escalation of conflict to civil war, particularly in weak states. The role of government repression and state weakness in leading to civil war is tested empirically. The results show that (...) both closely correlate with civil war onset, especially if they are observed in combination. A two-stage model shows that, while low-level conflict leads to human rights violations, they increase the risk of an escalation to civil war in turn. Human rights violations are identified as an important aspect of understanding civil war onset as the result of an escalation over time and a clear early warning sign of wars to come. (shrink)

Human rights language is often used as a universal benchmark for moral criticism. However, its philosophical basis has been seriously questioned. The purpose of this study is to investigate the contributions of Christian ethics (1) to the reconstruction of a plausible conception of a human right and (2) to the elaboration of a satisfying justification of human rights. Three different Christian ethical models of human rights are set forth and evaluated.

The essays in this collection address some of the many social dilemmas that concern philosophers, such as AIDS, abortion, addictive drugs and crime. Written in a clear, accessible style, the book seeks to provide encouragement for the defence of human rights, justice and community.

Citizenship and human rights in tension : changes, issues and approaches -- Privileging human rights -- The illusive promise of human rights -- Politics and legalism -- Back to citizenship, an agonistic conception.

Too often, the right to healthcare has been considered an illusory right that is not even a legal right, but merely an aspirational norm that cannot be adjudicated before the court. In modern human rights law, considering individual and social rights as interdependent and indivisible, such an approach is untenable. Both legal doctrine and recent case law from domestic and international courts have elaborated and confirmed the specific obligations under the right to healthcare, countering the general complaint of (...) “shrouded vagueness”. Landmark cases have even provided a functional remedy to enforce individual healthcare claims successfully. This paper will examine the revised legal status and content of such a right to healthcare from a European perspective. (shrink)

The importance of the right to education reaches far beyond education itself. The right to education is recognized, promoted and protected at all levels— from local to global. The concept of each human right constitutes a dual perception—human rights are personified and there are particular duty-bearers, most often the states, which have certain obligations to preserve and protect those rights. This article summarizes governmental obligations, foreseen in international and regional legal human rights’ instruments, corresponding to the right (...) to education in its entirety. The conceptual framework for the content and scope of the right to education is established by different human rights institutions and judicial bodies and implicates the concept of quantitative and qualitative measures, expressed by four guidelines—availability, accessibility, acceptability, adaptability. (shrink)

A selection of primary sources representing varying viewpoints on the subject of animal rights.

The writings in this anthology have been selected to introduce the reader to the broadest possible spectrum of viewpoints on the animal rights debate. A question-and-response format prompts students to examine complex issues associated with animal rights from different views. By evaluating and understanding contrasting opinions, readers can attain an inclusive knowledge of the topic. Fact boxes are included to summarize important information for researchers. Readers will take a deep dive into topics such as whether animal testing is (...) necessary for medical advancement in areas like cancer and pain treatment. (shrink)

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and (...) their concomitant critiques. They address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan. (shrink)