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"Without doubt since the 1990s inroads have been made in the development of international law in the sphere of sexual violence and armed conflict. Due to the progress made in international law itself and the tribunals of the former Yugoslavia and Rwanda, international law can now be seen to have an array of tools with which to combat and prosecute perpetrators of sexual violence. These tools include humanitarian law, the Genocide Convention, crimes against humanity, customary international law, in particular the rules of jus cogens and the Rome Statute. An analysis will be made in this article of the effectiveness of these tools and how they can be utilised in order to prevent the on-going onslaught on women's bodies. It will be seen that the gradual acknowledgement of rape and sexual violence as an international crime has the potential of empowering women and can give them the ability to use international law as a powerful tool to redress violence perpetrated against them in armed conflict. This article will then examine whether this potential is in fact a reality for women who have suffered sexual abuse in armed conflict or have the developments merely paid lip service to these crimes and not been as progressive as was first hoped."

This article addresses the most fundamental question in the philosophy of rights. If there are any moral rights, where do they come from and how do we acquire them? The difficulty of answering the question is compounded when asked in relation to universal rights and obligations where the international community in which they function is far less solidarist than at the domestic level. The suggestion is that while answers that presuppose something about the ontology of the person, such as an emphasis on basic needs, or inherent human dignity, are prevalent, they are a convenient fiction. It is contended that the rights recognition thesis, typically associated with British Idealism, is best exemplified with reference to common law theory, and customary international law, and provides a far more adequate account of what it means to have universal rights and obligations. It is suggested that customary international law functions in a similar way to how natural law used to function. The article concludes by emphasising the importance of customary international law in articulating the universal obligations of states and holding them to account for their actions. It addresses the question of what it means to have a universal right, and not what universal rights it is desirable to have.

Some Aboriginal and Torres Strait Islander individuals, organizations, and communities in Australia have embraced international human rights norms in their efforts to obtain redress for historical grievances and influence government policy and legal reform on contemporary social justice issues. This is unsurprising given the absence of formal national infrastructure for human rights recognition in Australia. While the use of international law and frameworks has brought notable gains, there have also been significant limitations on the relevance of international human rights law to Aboriginal and Torres Strait Islanders. These limitations are both a result of the local legal conditions in Australia as well as the form and nature of international law generally. A case study of the attempts during the 1990s and 2000s to apply the label of genocide to past government policies of removing and separating Aboriginal and Torres Strait Islander children from their families and communities illustrates that there are considerable challenges and risks associated with campaign strategies based on the local mobilization of international human rights law.

The failures of Western law in its encounter with indigenous legal orders have been well documented, but alternative modes of negotiating the encounter remain under-explored in legal scholarship.The present article addresses this lacuna. It proceeds from the premise that the journey towards a different conceptualization of law might be fruitfully re-routed through the affect-laden realm of embodied experience - the experience of watching the subversive anti-western film Dead Man. Section II explains and develops a Deleuzian approach to law and film which involves thinking about film as ''event.'' Section III considers Dead Man's relation to the western genre and its implications for how we think about law's founding on the frontier. Finally, the article explores the concept of ''becoming'' through a consideration of the relationship between the onscreen journey of the character Bill Blake and the radical worldview of his poetic namesake.

"In recent years, there have been numerous calls for the field of trauma studies to expand beyond its European and North American origins. It is especially important, as the insights of trauma theory are extended to a wider range of geopolitical sites and conflicts and into resistant fields such as law, that critics attend to the ways in which the discourse of trauma travels, how it is used or resisted in specific national or local contexts, and with what cultural and political effects. To explore these issues, I offer a case study of Australian responses to the Stolen Generations in human rights, law, and literature-fields in which trauma theory has significant purchase. The term "Stolen Generations" refers to children of mixed descent who were removed from their Indigenous mothers and communities with the aim of assimilating them into white Australian culture. Children were sent to institutions run by churches or government missions, where they received limited education and were trained as domestics or station hands. Removal typically curtailed the children's relations with Indigenous family and culture, since they were prevented from speaking their language and participating in cultural traditions. Many children faced difficulties integrating into white Australian society; they and their mothers often experienced lifelong feelings of loss."

This article investigates the extent to which arts audiences' behaviour conforms to the predictions of consumer behaviour theory. The discussion focuses on three established empirical 'laws' of consumer behaviour: repertoire buying, double jeopardy and duplication of purchase. Although these laws are well established, they have not previously been applied to arts audiences. All three of these patterns emerge from a national survey of arts participation in the UK; audiences do indeed behave like consumers. The results suggest that the arts audience is less segmented than might be expected and that every art form competes with every other art form for audiences.

This article explores the Ethiopian Women Lawyers Association (EWLA) and its attempts to translate international women's rights norms into national law, examining the problematic geographies of women's networks from local to global levels and showing how Ethiopia remains on the periphery of global human rights networks. In their campaign for legal reform to protect women against violence, activists had to show how the proposed reforms were 'African', as invoking international human rights risked dismissal as evidence of 'Westernisation'. Activists face practical difficulties, including lack of funding and technology, limiting networking beyond the national level. The article shows how the state shapes local activists' ability to form global connections. Legislation banning civil society organisations such as EWLA from conducting work around rights threatens to marginalise Ethiopia further from global human rights networks and norms. Local connectivity to the global is only partial, mediated by the power relations in which activists and the state are embedded.

"This article argues that the status of migrant subjects is characterized by a loss of communication rights and locates the instances where this loss is most visible. It investigates the process of silencing and immobilization of migrants and the particular forms it takes for female migrants through the disenablement of communicative acts. In this process the detained migrant loses her status as an interlocutor, irrespectively of the instances and processes that allow her-or demand of her-to speak. The state of exceptionality assigned to detained migrants is supported in the criminalization of migration laws and securitization, which together with widespread policies of incarceration in the West have become the antipode of the fundamental principles of free movement and expression. Silence and immobilization constitute the 'standard' rather than exceptional conditions of people on the move that shadow them across every step of their way, geographically, politically, culturally, legislatively, socially."

"This article uses the lens of development discourse to shed light on subaltern politics of citizenship and rights claims in contemporary India. It argues that battles for development entitlements allow subaltern subjects to meaningfully inhabit and simultaneously alter the contours of legal citizenship, which they have been formally granted by the Indian constitution, but, in effect, denied. Subaltern claims on citizenship, articulated from a position of subordination and difference, not equality, and through specific idioms, contest and radically transform the generic and universal slot of personhood that liberalism provides - one that is rational, secular, sovereign and individualistic. Their citizenship claims draw upon multiple discourses, extending well beyond the law, mixing morality and materiality, ethics and politics, and traditional and bureaucratic languages of power, and thereby muddy the very distinctions on which modern citizenship rests. Subaltern struggles over development, thus, force us to reconsider hardened, normative ideas of legal citizenship and to widen the scope through which we look at and think about rights claims, justice, personhood and, indeed, the state in the neoliberal era."

"While few would deny that present generations have a moral obligation to preserve the environment for future generations, some theorists reject the existence of a legal duty in this regard. This article takes the opposite view. It argues that ample juridical as well as ethical social justice theory-contractarian distributive and reciprocity-based theories prominent among them-establishes that future generations have a legal right to a clean and healthy environment. But most helpful in ensuring intergenerational ecological justice, the author contends, is a respect-based theory of social justice which at its core honors the values that underwrite human rights law and policy inclusively conceived and embraced."

"The aim of this article is to test a widespread belief among Brazilian legal scholars in the area of social rights, namely, the claim that courts are an alternative institutional voice for the poor, who are usually marginalized from the political process. According to this belief, social rights litigation would be a means (supposedly "a better means") of realizing rights such as the right to health care, since supposedly both the wealthy and the poor have equal access to the courts. To probe the consistency of this belief, we analyzed the socioeconomic profiles of plaintiffs in the city of Sao Paulo (Brazil) who were granted access to specific medications or medical treatments by judicial decisions. In this study, the justiciability of social rights has not proven to be a means of rendering certain public services more democratic and accessible."

Since their emergence as a novel form of justice, truth commissions have magnetically drawn writers into their orbit. This essay explores one literary response that seems both logical and provocative: the thriller's shadowy world of conspiracy theories, cover-ups, and coups. As a subgenre associated with popular culture, the thriller has rarely been considered a serious player in discussions of literature in the aftermath of atrocity. However, as a space in which the mystifications of conspiracy meet the imperatives of transitional justice, the newly emergent subgenre of the truth commission thriller challenges pervasive assumptions about the necessary gravitas of literature in the aftermath of violence. Looking closely at this genre allows us to ask how its forms may help the novel envision productive alternatives to the narrative of silence so intimately linked to the writing of catastrophe. These representations emerge within the increasing globalization of transitional justice, a context that seeks intensifying degrees of communicability as it turns local legacies of violence into ones with international implications. Gillian Slovo's account of a South African amnesty hearing, Red Dust (2000), imagines itself as a competitor for the production of truth; Canadian novelist Alan Cumyn's Burridge Unbound (2000) serves as an analogue prone to similar forces of fragmentation; and David Park's vision of a fictional commission in Northern Ireland, The Truth Commissioner (2008), decenters the truth commission into a private space of multiple meanings. These novels challenge the ideal of national disclosure before the law but nonetheless hold out the hope of communicability in a global sphere.

"It is commonly recognized that Jean-Luc Nancy's efforts to elaborate a conception of 'the political' are based upon Heidegger's thinking of die Tecknik, even as they seek to overcome the difficulties that beset Heidegger's own politics. But few have noted that Nancy also seeks to critically engage Carl Schmitt's conception of das Politische, according to which there is a metaphysical and practical need for a sovereign decision on friends and enemies if effective political community and law are to be possible. This article argues that recognizing that Nancy seeks to overcome Schmitt's conception of the political throws into high relief his failure to address the actual subject matter of politics. In the end, Nancy remains too metaphysical to engage with the political."

"Justice occupies a special place in the pantheon of virtues. For the ancients, it was often conceived as the master virtue, the one that orders all the others. For Plato, justice had exactly this overarching status. A just individual, he tells us in The Republic, is one in whom the three parts of the soul-reason, spirit, appetite-and the three virtues associated with them-wisdom, courage, moderation-stand in the right relation to one another. Justice in the city is precisely analogous. In the just city, each class exercises its own distinctive virtue by performing the task suitable for its nature, and none interferes with the others. The wise and rational part does the ruling, the brave and spirited part does the soldiering, and the rest, those lacking special spirit or intelligence but capable of moderation, do the farming and the manual labouring. Justice is the harmonious balance among these constituent elements."

"This article presents a blueprint of a feminist agenda for the twenty-first century that is oriented not by the telos of gender parity, but instead evolves as an 'immanent critique' of the key structural dynamics of contemporary capitalism - within a framework of analysis derived from the tenets of Critical Theory of Frankfurt School origin. This activates a form of critique whose double focus on (1) shared conceptions of justice; and (2) structural sources of injustice, allows criteria of social justice to emerge from the identification of a broad pattern of societal injustice surpassing the discrimination of particular groups. In this light, women's victimization is but a symptom of structural dynamics negatively affecting also the alleged winners in the classical feminist agenda of critique. The analysis ultimately produces a model of social justice in a formula of socially embedded autonomy that unites work, care, and leisure."

"This paper critically examines some of the ways in which conceptions of interculturalism are being positively contrasted with multiculturalism, especially as political ideas. It argues that while some advocates of a political interculturalism wish to emphasise its positive qualities in terms of encouraging communication, recognising dynamic identities, promoting unity and critiquing illiberal cultural practices, each of these qualities too are important (on occasion foundational) features of multiculturalism. The paper begins with a broad introduction before exploring the provenance of multiculturalism as an intellectual tradition, with a view to assessing the extent to which its origins continue to shape its contemporary public 'identity'. We adopt this line of enquiry to identify the extent to which some of the criticism of multiculturalism is rooted in an objection to earlier formulations that displayed precisely those elements deemed unsatisfactory when compared with interculturalism. Following this discussion, the paper moves on to four specific areas of comparison between multiculturalism and interculturalism. It concludes that until interculturalism as a political discourse is able to offer a distinct perspective, one that can speak to a variety of concerns emanating from complex identities and matters of equality and diversity in a more persuasive manner than at present, interculturalism cannot, intellectually at least, eclipse multiculturalism, and so should be considered as complementary to multiculturalism."

"This article explores why governments commit to human rights enforcement by joining the International Criminal Court (ICC). Compared with other international institutions, the ICC has substantial authority and autonomy. Since governments traditionally guard their sovereignty carefully, it is puzzling that the ICC was not only established, but established so rapidly. Looking beyond traditional explanations for joining international institutions, this study identifies a new causal factor: a country's dependence network, which consists of the set of other states that control resources the country values. This study captures different dimensions of what states value through trade relations, security alliances, and shared memberships in international organizations. Using event history analysis on monthly data from 1998 to 2004, we find that dependence networks strongly affect whether and when a state signs and ratifies the ICC. Some types of ratification costs also influence state commitment, but many conventional explanations of state commitment receive little empirical support."

"For most indigenous communities, communal lands and natural resources have fundamental spiritual, social, cultural, economic and political significance that is integrally linked to both their identity and continued survival. Denial of the inherent and inalienable rights to their traditional land and natural resources is often at the root of human rights violations, giving rise to intra-state tensions and laying the foundation for emerging and ongoing conflicts. Full enjoyment of their land rights, including access to and control over the lands and their natural resources, would imbue indigenous peoples with the economic independence they need to preserve their distinct cultures and determine their futures. Immediate resolution of this issue is critical to ensuring that indigenous peoples are able to enjoy the rights to which they are entitled, and to enhance stability at the national level. It is suggested that one possible means is through the strategic reconceptualisation of self-determination. More specifically, the implementation of alternative manifestations of this right, particularly the effective realisation of the emerging right to autonomy, recognised in the Declaration on the Rights of Indigenous Peoples, would enable indigenous peoples to have effective, de facto control over all aspects of their political, social, cultural and economic survival."

This essay argues that the failures of U.S. immigration enforcement institutions functioned as a strategic policy from 2003 to 2010, when the undocumented population in the United States reached an unprecedented twelve million people. The author examines how the so-called broken immigration system installed a repressive form of governmentality based in failure. While deferring any legalization, federal and state authorities fostered a regime of exclusion and removal that constituted a class of minimal subjects, those of unauthorized migrants and their kin who would effectively exist outside the community of rights. During this period, immigration arrests and deportations reached unprecedented levels, at a moment when the majority of the undocumented remained an irredeemably criminalized status. By disavowing any intention to conduct mass deportations, Immigration and Customs Enforcement agents gained sanction for more targeted campaigns of militarized raids, racial profiling, and detentions. The author argues that heightened enforcement, including the 287g program, created dangerous opportunities for government agents to suspend basic democratic restraints on state power, often for interests of racial and class antagonism that exceeded the bounds of immigration enforcement-with severe consequences for Latino communities. By mobilizing a social imaginary predicated on the necessity of uprooting the undocumented, federal, state, and local officials committed themselves to the actions of a police state and sanctioned a system of apartheid governance within the boundaries of the United States.

The aim of this paper is to examine and deconstruct the process of denying human rights protection to one group (children) on the basis that if this was done, another group (parents and teachers) could be construed as 'criminal.' In 2004 the Canadian Supreme Court ruled that children's constitutional rights to security, equality and to be free from cruel and unusual treatment were not infringed when assaults made on them were made by a parent or caregiver. The Supreme Court upheld s. 43 of the Criminal Code of Canada which provides parents, teachers and those acting in their place with a defence that justifies assaults on children. The Supreme Court majority acknowledged that s. 43 'permits conduct toward children that would be criminal in the case of adult victims' but the distinction, on the basis of age, is designed to protect children by not criminalizing their parents and teachers. Rather than denying rights to some to save others from the fate of being construed a criminal is it not incumbent upon us to uphold an inclusive understanding of human rights and question the system that would so readily drop a vulnerable group from its' protection over fear of labelling those with the upper hand as criminal?