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Be the first to start one ». About Oona A. Oona A. Hathaway is the Gerard C. She is a member of th Oona A. Professor Hathaway earned her B. Her current research focuses on the foundations of modern international law, the intersection of U. She is a principal investigator on a recent grant awarded by Hewlett Foundation to study cyber conflict. Books by Oona A. It's the time of year for soups, sautees, and stories!
For better or worse, the journey did become part of a state-building project. One point I make, however, is that human rights norms are analytically antecedent to any such institutional arrangement. Rather than concluding a new social contract, they were granted access into multiple existing ones. While the aim of Chapter 1 is to give an account of the human rights encounter as a whole, Chapter 2 focuses particularly on one side of this encounter.
The chapter addresses the following question: What is a human right claim? The former sought to make member- ship claims that are beyond mere survival. The latter often attempted to extinguish any obligation, beyond making sure that the boat people would not face persecution in Vietnam or drown while leaving. By building camps, for example, developed states have continuously sought to avoid killing people, but to grant them nothing more than mere life. The Orderly Departure Program was the most successful large- scale refugee resettlement program ever to be implemented.
Chapter 3 moves the focus to the powerful party in the encounter — the addressee of the human rights claim. What does it mean to have a human rights commitment?
Harold Koh, a prominent US international lawyer, took this view of constitutionalism in oral argument before the United States Supreme Court, which rejected it in an 8—1 decision. The former are obligations that stem from dislocation in our own pasts and remind us that we too were not always parties to a social contract. Chapter 4 focuses on the ensuing dynamic.
During the Australian attempt to enforce this resolution, refugees and migrants engaged in last-resort attempts to 69 Sale v.
Haitian Refugees Council, S. Originally published in The Menorah Journal 31 From afar, the Australian navy discovered that migrants often prepared to meet them with life- jackets. Jumping into the water or destroying their own boats, they had a chance to trigger rescue obligations even when faced by reluctant authorities.
Multiple actors in the Mediterranean knew about a refugee vessel that left Libya in , thanks to surveillance technologies covering the maritime space. But the overlapping responsibility that surveillance established created a collective action problem. The migrants could not successfully address any individual person or authority exclusively.
The case study is used in order to raise a question about how the binding force of human presence may or may not remain possible in a time of all-encompassing surveillance. Unlike its preceding chapters, Chapter 6 no longer focuses on a physical encounter between state agents or other seafarers and refugees at risk. Here I analyze the human rights encounter as a trope of the political imagination. At the center of this speech is an encounter between Europe — symbolically represented by Arvanitakis — and the migrant and refugee populations that attempted entry in the summer of We must imagine our polities not only in terms of our obligations toward fellow members but also in terms of how obligations toward non-members can be institutionalized.
We must establish porous social contracts, which are open to changes in the lineages of population, as they are to amending their basic terms through the democratic process. Needless to say, much of human rights law, as ordinarily invoked both in scholarly and in professional contexts, is positive law inscribed in treaties, constitutions, or whatever legal instruments.
Clearly, for all practical purposes, we will continue to speak that way. But this is not to say that Jewish experience — if there is such a collective category apart from the experience of individuals — has an exceptional status. If this book is successful, anyone who feels committed to human rights can make an analogous argument based on their own felt identity.
What will remain important in any such case is that the commitment to value the claims of all human beings will remain rooted in embodied experience. But this is not the case. Human rights commitments are never exclusively derived from the exercise of reason and are always also rooted in who we are. Related Papers. By Dana Schmalz.
By Itamar Mann. Refugees and Europe: a dilemma or a turning point? By Helgard Mahrdt. By Patrick Hayden and Natasha Saunders. Download pdf. Log in with Facebook Log in with Google. Remember me on this computer. Enter the email address you signed up with and we'll email you a reset link.
Lotus case France v. What is the legal basis for such a distinction? Alcoa, F. Almost any limitation of the supply of goods in Europe, for example, or in South America, may have repercussions in the United States if there is trade between the two. Yet when one considers the international complications likely to arise from an effort in this country to treat such agreements as unlawful, it is safe to assume that Congress certainly did not intend the Act to cover them.
California, U. It is immaterial in that respect whether or not they had recourse to subsidiaries, agents, sub-agents, or branches within the Community in order to make their contacts with purchasers with the Community.
Press, , chapters 14 Sovereignty and equality of states , 15 Jurisdictional competence and 16 Privileges and immunities of foreign states. How are they financed? Are there sufficient checks and balances on their increased lobbying power? Qureshi and Malcolm D.
Dispute settlement and sanctions Diplomatic and judicial means Building dispute settlement institutions Unilateral sanctions Is the measure justified and proportional?
Merrills, International Dispute Settlement, 5th ed. Press, ;. Extraterritorial Port State Measures: The basis and limits of unilateral port state jurisdiction to combat illegal, unreported and unregulated fishing By Arron N Honniball.
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