1. A charter revolution 2. Constitutionalism 3. Why charters? 4. The critic's case 5. A mixed blessing 6. Common law constitutionalism.
Acknowledgements List of abbreviations 1. Historical overview of human rights in the OAU/AU 2. The relationship between the OAU/AU and the African Commission on human and peoples' rights 3. The link between human rights and democracy 4. The relationship between conflict and human rights 5. Women and the OAU/AU 6. Children's rights in the OAU/AU 7. Refugees and human rights 8. Development, NEPAD and human rights 9. Conclusion Appendix I. Charter of the Organization of African Unity Appendix II. Constitutive Act of the African Union Appendix III. African Charter on human and peoples' rights Bibliography Index.
Part I. Setting the Scene: 1. Introducing UN sanctions 2. Towards a pragmatic rule of law model for UN sanctions Part II. The Evolution of the UN Sanctions Framework: 3. From Aegina to Abyssinia - a prehistory of UN sanctions 4. Sanctions under the UN charter Part III. UN Sanctions in Practice: 5. Establishing the legal basis for sanctions - identifying threats and invoking Chapter VII 6. Delineating the scope of sanctions and identifying targets 7. Fine-tuning sanctions: setting objectives, applying time-limits and minimising negative consequences 8. Delegating responsibility for sanctions administration and monitoring Part IV. Strengthening the Rule of Law: 9. Rule of law weaknesses in the UN sanctions system 10. Strengthening the rule of law performance of the UN sanctions system 11. Concluding remarks Appendix 1. Summary of policy recommendations Appendix 2. Summaries of UN sanctions regimes Appendix 3. Tables.
In this novel account of global citizenship, Luis Cabrera argues that all individuals have a global duty to contribute directly to human rights protections and to promote rights-enhancing political integration between states. The Practice of Global Citizenship blends careful moral argument with compelling narratives from field research among unauthorized immigrants, activists seeking to protect their rights, and the 'Minuteman' activists striving to keep them out. Immigrant-rights activists, especially those conducting humanitarian patrols for border-crossers stranded in the brutal Arizona desert, are shown as embodying aspects of global citizenship. Unauthorized immigrants themselves are shown to be enacting a form of global 'civil' disobedience, claiming the economic rights central to the emerging global normative charter while challenging the restrictive membership regimes that are the norm in the current global system. Cabrera also examines the European Union, seeing it as a crucial laboratory for studying the challenges inherent in expanding citizen membership.
1. Introduction 2. Soft/hard, binding/non-binding: a useful distinction? 3. Concepts of implementation, compliance and follow-up 4. Range and status of findings from the African Commission on Human and Peoples' Rights 5. The 'use' of the African Commission findings at the national, regional and international levels 6. Follow-up and implementation at the national level 7. What role should the African Commission play in following up its own findings? 8. The relationship with the African Court 9. The role of the African Union 10. Conclusion Appendix I. African Charter on Human and Peoples' Rights Appendix II. Protocol to the African Charter on Human and Peoples' Rights Establishing the African Court on Human and Peoples' Rights Appendix III. Rules of Procedure of the African Commission on Human and Peoples' Rights Appendix IV. Resolution on the Importance of the Implementation of the Recommendations of the African Commission on Human and Peoples' Rights by States Parties.
Can charter schools save public education? This radical question has unleashed a flood of opinions from Americans struggling with the contentious challenges of education reform. There has been plenty of heat over charter schools and their implications, but, until now, not much light. This important new book supplies plenty of illumination.Charter schools--independently operated public schools of choice--have existed in the United States only since 1992, yet there are already over 1,500 of them. How are they doing? Here prominent education analysts Chester Finn, Bruno Manno, and Gregg Vanourek offer the richest data available on the successes and failures of this exciting but controversial approach to education reform. After studying one hundred schools, interviewing hundreds of participants, surveying thousands more, and analyzing the most current data, they have compiled today's most authoritative, comprehensive explanation and appraisal of the charter phenomenon. Fact-filled, clear-eyed, and hard-hitting, this is the book for anyone concerned about public education and interested in the role of charter schools in its renewal.Can charter schools boost student achievement, drive educational innovation, and develop a new model of accountability for public schools? Where did the idea of charter schools come from? What would the future hold if this phenomenon spreads? These are some of the questions that this book answers. It addresses pupil performance, enrollment patterns, school start-up problems, charges of inequity, and smoldering political battles. It features close-up looks at five real--and very different--charter schools and two school districts that have been deeply affected by the charter movement, including their setbacks and triumphs. After outlining a new model of education accountability and describing how charter schools often lead to community renewal, the authors take the reader on an imaginary tour of a charter-based school system.Charter schools are the most vibrant force in education today. This book suggests that their legacy will consist not only of helping millions of families obtain a better education for their children but also in renewing American public education itself.
Catherine the Great's treatment of the Russian nobility has usually been regarded as dictated by court politics or her personal predilections. Citing new archival sources, Robert Jones shows that her redefinition and reorganization of the Russian nobility were in fact motivated by reasons of state. In 1762, Peter III had "emancipated" the nobility from obligatory state service, and in the early years of her reign Catherine attempted to govern Russia through a bureaucratic administration. Although this threatened the provincial nobles with social and economic decline, the government was oblivious to their plight until the peasant revolt of 1773-1775 convinced Catherine that she could not provide Russia with a government capable of defending and promoting the national interest without them. This realization led to the formation of a new alliance between the state and the nobility, based on a mutual fear of peasant revolt and expressed first in the provincial reforms of 1775 and finally in Catherine's Charter to the Nobility of 1785. In the 1760's Catherine had hoped to forestall peasant uprisings by improving the lot of the serfs and limiting the authority of the serf-owners. But faced with the choice between controlling the serfs in a way open to abuses and eliminating abuses in a way that might lead to loss of control, Catherine chose the former. Her Charter committed the state to the preservation of serfdom and the reactionary ancien regime. Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
In Defending Humanity, internationally acclaimed legal scholars George P. Fletcher and Jens David Ohlin tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative new book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply-and to the difficult dilemma of declaring such interventions illegal or ignoring the U.N. Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the U.N. Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force-not just to protect themselves against an imminent attack but also to defend other national groups.
Dionysius the Areopagite is the peudonymous author of an influential body of early (about 500 AD) Christian theological texts. The Pseudo-Dionysian writings offer a synthesis of Christian dogma and Neo-platonic thought. Their leading idea which has made them the charter of Christian mysticism, is the intimate union between God and the soul and the progressive deification of man. In this book, Paul Rorem examines and elucidates these difficult texts and explores their profound influence on medieval theology both in the East and west. As Rorem shows, the Pseudo-Dionysian writings were regarded almost as a "Summa Theologica" in the Eastern Church. In the West, they were commented on by virtually all of the great medieval theologians. Thomas Aquinas alone cites Dionysius is some 1,700 places. Rorem is co-translator of the 1984 edition (Paulist Press) of the complete Pseudo-Dionysius (the first English-language edition in modern times) and provided the notes, indices, and bibliography. The present book will make these texts more accessible to both scholars and students. A comprehensive bibliography of secondary sources will be included.
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