Archives par mot-clé : Human Rights

Book : Human Rights Encounter Legal Pluralism

Human Rights Encounter Legal Pluralism

Normative and Empirical Approaches

Giselle Corradi, Eva Brems, Mark Goodale (ed.)

ISBN : 9781849467612

Hart Publishing, 2017

Media of Human Rights Encounter Legal Pluralism

About Human Rights Encounter Legal Pluralism

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Table Of Contents

INTRODUCTION
1. Human Rights and Legal Pluralism: Four Research Agendas
Giselle Corradi
PART ONE: NORMATIVE APPROACHES
2. Legal Pluralism as a Human Right and/or as a Human Rights Violation
Eva Brems
3. Legal Pluralism and International Human Rights Law: A Multifaceted Relationship
Ellen Desmet
4. Human Rights, Cultural Diversity and Legal Pluralism from an Indigenous Perspective: The Awas Tingni Case
Felipe Gómez Isa
5. Taking the Challenge of Legal Pluralism for Human Rights Seriously
André Hoekema
6. Indigenous Justice and the Right to a Fair Trial
Giselle Corradi

PART TWO: EMPIRICAL APPROACHES
7. Gender, Human Rights and Legal Pluralities in Southern Africa: A Matter of Context and Power
Anne Hellum and Rosalie Katsande
8. Women’s Rights and Transnational Aid Programmes in Niger: The Conundrums and Possibilities of Neoliberalism and Legal Pluralism
Kari B Henquinet
9. Legal Borderlands: Ghanaian Human Rights Advocacy between the Layers of Law
Catherine Buerger
10. Insiders’ Perspectives on Muslim Divorce in Belgium: A Women’s Rights Analysis
Kim Lecoyer
11. Through the Looking Glass of Diversity: The Right to Family Life from the Perspectives of Transnational
Families in Belgium
Barbara Truffi n and Olivier Struelens

Book : Heritage, Culture and Right

Heritage, Culture and Rights

Challenging Legal Discourses

Andrea Durbach & Lucas Lixinski (ed.)

ISBN : 9781509904259

Hart Publishing, 2017

Media of Heritage, Culture and Rights

Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China’s use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law.

The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world.

‘This book fills an important gap in the literature on heritage and rights and, in particular, human rights law. With articles from leading experts addressing the legal human rights dimensions of cultural heritage protection, it makes a significant contribution to debates over issues such as ‘Why should we safeguard heritage and for whom?’ and ‘What is the relationship between heritage safeguarding and protecting human rights?’. These are deep questions of profound significance to individuals, communities and even nations around the world and are of increasing urgency today. It critically analyses the relationship between heritage and human rights that can be potentially pernicious as well as mutually reinforcing, placing this analysis within the wider context and with a broad geographical scope with examinations of the heritage/rights relationship in Southeast Asia (Cambodia), China and sub-Saharan Africa.’

Dr Janet Blake, Associate Professor in Law, Shahid Beheshti University, Tehran

‘Traversing the destruction of mausoleums in Timbuktu to war crimes trial by the International Criminal Court, Heritage, Culture and Rights explores the crucial links between human rights and the protection of cultural heritage. The essays are accessible to all viewing the destruction of cultural heritage as a breach of human dignity and identity. Unputdownable.’

Professor Gillian Triggs, President of the Australian Human Rights Commission

‘This collection of essays by leading scholars, though primarily Australian in origin, is universal in orientation. Ranging from a broad survey of the applicable laws of armed conflict to a detailed consideration of urban design in Southeast Asia, the essays offer significant insights into the relationship between the protection and use of cultural heritage, on one hand, and fundamental human rights, on the other. Ultimately, the mutual reinforcement of the two disciplines of law prevails over carefully-acknowledged tensions between them. Readers at all levels of expertise will find the book of great interest.’

Professor James Nafziger,Thomas B Stoel Professor of Law and Director of International Programs at the Willamette University College of Law

Table Of Contents

Introduction
Andrea Durbach and Lucas Lixinski
Part 1: Human Rights and Heritage: A Possible Alliance?
1. Opening the Toolbox of International Human Rights Law in the Safeguarding of Cultural Heritage
Francesco Francioni and Lucas Lixinski
2. Culture, Rights and the Post-2015 Development Agenda
Ben Boer
3. Cultural Heritage, Human Rights and the Privatisation of War
Ana Filipa Vrdoljak
4. The Urban Village and the Megaproject: Linking Vernacular Urban Heritage and Human Rights-based Development in the Emerging Megacities of Southeast Asia
Scott Hawken
Part 2: Heritage in Tension with Rights 5. Between Rights in the City and the Right to the City: Heritage,
Character and Public Participation in Urban Planning
Amelia Thorpe
6. The Tension between Rights and Cultural Heritage Protection in China
Stefan Gruber
7. Heritage and Human Rights: Reframing the Conservation Ethic
Josephine Gillespie
8. The Poverty of World Heritage Management in Sub-Saharan Africa: The Legacy of Colonialism
and Disregard of Human Rights
Folarin Shyllon
Part 3: Heritage as a Tool for Broader Political Transformation 9. Cultural Heritage as Transformation: A Study of Four Sites from Post-Apartheid South Africa
Andrea Durbach
10. Heritage Listing as Self-determination
Lucas Lixinski
11. World Heritage, Cultural Confl icts and Political Reconciliation
Andrzej Jakubowski