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Bill Brydon

Mariana Valverde The Crown in a Multicultural Age: The Changing Epistemology of (Post)c... - 0 views

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    "In Canada as in other (post)colonial settings, courts have been facing the challenging task of redefining both substantive aboriginal legal rights and evidentiary rules that now look ethnocentric. Recent litigation has shown that while rights claims made by indigenous collectives are difficult to make and sustain in court, the newly revived doctrine of the Crown's inherent 'honour' can work for aboriginal peoples precisely because the Crown's honour is, as it were, self-acting. But the neo-medieval discourse of the Crown coexists, in the text of Canadian courts, with discursive practices that enact a contemporary, pluralistic, socially aware form of judicial anthropology. These two wholly conflicting representations of the Canadian state live happily side by side in current Canadian judicial discourse. This easy eclecticism stands in marked contrast to the difficulties and embarrassments experienced by aboriginal leaders testifying before judges. The close judicial scrutiny of aboriginal claims contrasts with the tolerance of major epistemological contradictions in the state's discourses about itself."
Bill Brydon

Reconceptualizing human rights - Journal of Global Ethics - - 0 views

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    "This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a 'human right' is replaced by two more exact concepts: International human rights: moral claims sufficient to warrant coercive domestic and international social protection. Domestic human rights: moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights - that they are normative entitlements prior to and independent of substantive theories of justice - is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed - and much greater agreement about international justice should be reached - before anything more than a very minimal list of international human rights can be justified."
Bill Brydon

The Political Art of Patience: Adivasi Resistance in India - Johnston - 2012 - Antipode - 0 views

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    "This article documents the emergence of the Denotified Rights Action Group (DNG-RAG), a national social movement orchestrated to assert the citizenship rights of adivasi (indigenous) populations in India. It assesses the movement's efforts to engage the central Indian government in meaningful dialogue to accommodate the inclusion of marginalized adivasis in the democratic politics of the nation. In doing so, the DNT-RAG reasserts the primacy of the Indian state as the principal engine driving the project of nation building, and as such, the site that activists target to further an agenda of equitable development and democratic rights for those known as India's Denotified Tribes."
Bill Brydon

From Auschwitz to mandatory detention: biopolitics, race, and human rights in the Austr... - 0 views

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    "This article draws on Agamben's concept of homo sacer (bare-life) and his examination of the Muselmänner - the most de-humanised inhabitants of the Nazi concentration camp - to illuminate the ways that the policy and system of immigration detention in Australia signifies a continuation of the biopolitical paradigm that both created and supported the atrocity of Auschwitz. The article argues that the notion of race occupies a paradoxical position in the concept and body of the refugee in Australia today because while racism brings about and justifies the refugee's incarceration in the camp, the biopolitical processes of the camp create a subject within whom race becomes inevitably subsumed within and transcended by the ontology of bare-life. In this scheme, the question of human rights becomes ever more relevant but even less applicable. The article concludes with a critique of Agamben's key ideas as well as my application of them in light of Foucauldian and other interpretations of his work."
Bill Brydon

In defence of global egalitarianism - Journal of Global Ethics - - 0 views

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    "This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or almost always rejected by global egalitarianism. The claim that global egalitarianism demands either too little redistribution, leaving the unborn and dissenters burdened with their societies' imprudent choices, or too much redistribution, creating perverse incentives by punishing prudent decisions, only presents a problem for global luck egalitarianism on the assumption that nations can legitimately inherit assets from earlier generations - again, an assumption very much at odds with global egalitarian assumptions."
Bill Brydon

Re-imagining the theory of human rights - The International Journal of Human Rights - - 0 views

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    "This article seeks to address the concern that the language of human rights has become increasingly problematic and susceptible to distortion from its intended meaning. This is in part due to three problems which are identified and interrogated, these being the implicit reduction of human rights discourse to Western individualism, universalism, and legalism. It proceeds to present a sociological defence of human rights discourse as the articulation of general desires in the building of a 'good society', and specifies eight such general desires which form the basis of this discourse."
Bill Brydon

The Theoretical Foundations of Intergenerational Ecological Justice: An Overview - 0 views

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    "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."
Bill Brydon

Paradox in preventing and promoting torture: marginalising 'harm' for the sake of globa... - 0 views

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    "The ultimate result of globalisation is that as the world setting is compressed there is an intensification of consciousness towards global interests, such as selective ordering, running parallel with strongly influential autonomous interests of the nation state and regional concerns. However, as risk and security disproportionately motivate globalisation, dominant nation state interests (which are at the heart of what operationalises global hegemony) become the prevailing measure of global ordering. Attitudes to 'harm' converge around these sectarian interests from the local to the global. As such, the need to torture, it is logically and even 'legally' argued, to better ensure domestic security will, if consistent with hegemonic interest, bring about both domestic and global ordering as a consequence. This article argues that globalisation has created a number of paradoxes where global ordering and governance are dictated by the dominant political hegemony and rights become secularized, not universal. Those who seek to contest the views of the hegemony, such as terrorists, are placed outside the global order and international protection and thus are subjected to the one-sided appreciation of harm that has been constructed by the hegemony 1 M. Findlay, Governing Through Globalised Crime: Futures for International Criminal Justice (Cullompton: Willan Publishing, 2008), 8. View all notes in attempts at global ordering."
Bill Brydon

Realisation of the right of indigenous peoples to natural resources under international... - 0 views

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    "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."
Bill Brydon

Dependence Networks and the International Criminal Court1 - Goodliffe - 2012 - Internat... - 0 views

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    "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."
Bill Brydon

Elizabeth Costello, Embodiment, and the Limits of Rights - 0 views

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    "Critics have commonly interpreted J. M. Coetzee's Elizabeth Costello as a defense of animal rights. However, this essay argues that it more accurately demonstrates the liabilities of enlisting the idiom of rights to advocate for animal welfare. It thus develops a phenomenology of embodiment indebted to Maurice Merleau-Ponty's thought as an analytic through which both to elucidate the status of the animal in Coetzee's text and to probe the limits of the liberal logic of rights. In doing so, it argues that liberal discourses of rights paradoxically occlude the ontological condition of embodiment. Although the text of Elizabeth Costello often appears closer to philosophy than literature, this essay further maintains that its narrative stages a plea for art's superior ability to manifest animal being-in particular its deeply embodied texture."
Bill Brydon

Universal Women's Rights Since 1970: The Centrality of Autonomy and Agency - Journal of... - 0 views

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    "This article reviews the development of universal women's human rights since 1970. It begins by discussing how the international feminist movement influenced the development of women's legal human rights, and continues by reviewing three debates in the literature on women's rights. The first debate is whether human rights as originally formulated were actually men's rights; the second debate is about the relationship between culture and women's rights; and the third considers the effects of globalization on women's rights. The author defends a liberal approach to human rights via the principles of equality and autonomy for women, but also argues that the socialist approach is very important for women to achieve their economic human rights. Autonomy, moreover, is the means by which women can negotiate their own way between "Western" style personal liberation, and participation as they see fit in their own religions and cultures."
Bill Brydon

Linkages, contests and overlaps in the global intellectual property rights regime - 0 views

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    "Intellectual property rights (IPRs) ultimately delineate the way in which knowledge is created, owned, controlled and diffused, domestically and now globally. They have always been contested because knowledge is both a form of capital and a public good, but these contests have become more acute since the WTO TRIPs Agreement came into force in 1995. As a result of new frames and linkages propelled by various actors between IPRs and other issue-areas, the current intellectual property regime has become complex and somewhat inconsistent. This article contributes to a better understanding of the concrete mechanisms and processes through which various global regimes come to overlap with each other in the area of IPRs, of the actors that are involved in these processes, as well as of the consequences of such developments for the governance of IPRs and global governance more generally."
Bill Brydon

Paradoxes of power: Indigenous peoples in the Permanent Forum - 0 views

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    "In the United Nations (UN) Permanent Forum on Indigenous Issues (PF), indigenous political subjectivities take shape in the power relations that not only make indigenous peoples subjects but also subjugate them. This article discusses the process and the possibilities of resistance that open up for indigenous peoples within it. The approach taken acknowledges the limiting political environment of the UN for indigenous peoples, because it is a non-indigenous political system based on state sovereignty. Yet, it does not view the situation of those peoples in the PF as totally determined by the states and their dominant discourse. The theoretical framework of the article draws on the work of Michel Foucault and his conceptions on power, resistance, subjectification, technologies of domination and of the self. The power struggles in the PF, described through the complex of sovereignty, discipline and government, and the resistances within them engender paradoxical indigenous subjectivities: colonized/decolonized, victim/actor, traditional/modern, global/local. Indigenous peoples are able to engage both in resistance that is a reaction to states' exercise of power or the creative use of its tools and in indirect resistance that 'stretches' the UN system and constitutes action on its own terms."
Bill Brydon

Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded... - 0 views

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    "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."
Bill Brydon

The world turned upside down? Human rights and International Relations after 25 years -... - 0 views

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    "This article revisits the arguments of John Vincent's influential 1986 book, Human rights and International Relations and situates them against the context both of the debates of his own time and the debates of the early twenty-first century. Vincent's arguments are assessed and evaluated in their own terms and compared and contrasted with dominant positions today. The arguments are then assessed in the light of two leading critical perspectives on human rights before considering a final criticism of the possibility and desirability of the current human rights regime in International Relations."
Bill Brydon

Foucault's Critical (Yet Ambivalent) Affirmation: Three Figures of Rights - 0 views

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    "Michel Foucault is not often read as a theorist of human rights. On the one hand, there is a tendency to read his works of the mid-1970s - his celebrated poststructuralist genealogies of subjectivity, of discipline, of bio-politics, and so forth - as proposing a critique of rights discourse which definitively rules out any political appeal to rights. On the other hand, somewhat curiously it has to be said, there is a tendency to read his works of the late 1970s and early 1980s - his perhaps less celebrated concern with ethics and with technologies of the self - as tacitly re-introducing a liberal humanist notion of subjectivity and, with that, an embrace of orthodox rights discourse. Beginning from this curious disjunction between the rejectionist Foucault and the liberal Foucault, this article attempts to articulate a Foucauldian politics of human rights along the lines of a critical affirmation. Neither a full embrace nor a total rejection of human rights, the Foucauldian politics of human rights developed here elaborates (and attempts to connect) several disparate figures in his thought: rights as ungrounded and illimitable, rights as the strategic instrument-effect of political struggle, and rights as a performative mechanism of community."
Bill Brydon

Invoking International Human Rights Law in a Rights Free Zone - 0 views

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    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.
Bill Brydon

Identity, memory and cosmopolitanism: The otherness of the past and a right to memory? - 0 views

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    Implicated within the relationship between memory and identities at the local, national and international levels is the question of whether there is 'right to memory': the human right to have the otherness of the past acknowledged through the creation of symbolic and cultural acts, utterances and expressions. This article outlines the rationale for a right to memory and why the debate is of importance to memory and cultural studies. It outlines some of the relationships understood between memory and identity within memory studies, suggesting that a right to memory requires an understanding of the complex dynamics of memory and identities not only within, but internationally across, borders. It extends the concept of political cosmopolitanism to use as an analytical framework to enable an analysis of current international protocols, showing how they formulate the discursive relationship between identity and memory in four ways that involve a number of contradictions and unresolved tensions.
Bill Brydon

The tools to combat the war on women's bodies: rape and sexual violence against women i... - 0 views

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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."
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