The International Legal Order's Colour Line

The International Legal Order's Colour Line
Title The International Legal Order's Colour Line PDF eBook
Author William A. Schabas
Publisher Oxford University Press
Pages 497
Release 2023-08-08
Genre Law
ISBN 0197744478

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Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade. The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law. After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation. The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.

The International Legal Order's Colour Line

The International Legal Order's Colour Line
Title The International Legal Order's Colour Line PDF eBook
Author William Schabas
Publisher
Pages 0
Release 2023
Genre International law
ISBN 9780197744505

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"Racism and racial discrimination emerged as themes in public international law at the end of the First World War. This was a consequence of the participation of countries from the Global South who had hitherto been excluded from international law making. A Japanese proposal to recognise racial equality in the Covenant of the League of Nations was vetoed by President Wilson. The battle against racial discrimination at the international level really began with the United Nations, in 1946. The Global South pushed for action to deal with racism in South Africa, for example, among several other initiatives directed at racial discrimination. In the first decades of the United Nations, campaigns against racial discrimination were the beating heart of the human rights activities of the organisation. Major landmarks include the adoption of the 1965 Convention on the Elimination of Racial Discrimination and the 1973 Convention Against Apartheid. Important mechanisms in human rights were often instigated in measures directed at racial discrimination. These were invariable pushed by States of the Global South and obstructed by governments of Europe and North America. When the apartheid regime finally fell, in 1990, international activities were recalibrated with a focus on xenophobia. But the issue of racism and racial discrimination, directed principally at people of colour, returned with the 2001 Durban Conference. Tensions have continued about a range of issues, including reparations for slavery and the slave trade. In 2020, the murder of George Floyd prompted renewed activity. This book narrates the history of racism and racial discrimination in international law, challenging the narrative that human rights are a creation of the Global North while demonstrating the decisive contribution of the Global South"--

Drawing the Global Colour Line

Drawing the Global Colour Line
Title Drawing the Global Colour Line PDF eBook
Author Marilyn Lake
Publisher Melbourne Univ. Publishing
Pages 373
Release 2008
Genre History
ISBN 0522854788

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At last a history of Australia in its dynamic global context. In the late nineteenth and early twentieth centuries, in response to the mobilisation and mobility of colonial and coloured peoples around the world, self-styled 'white men's countries' in South Africa, North America and Australasia worked in solidarity to exclude those peoples they defined as not-white--including Africans, Chinese, Indians, Japanese and Pacific Islanders. Their policies provoked in turn a long international struggle for racial equality. Through a rich cast of characters that includes Alfred Deakin, WEB Du Bois, Mahatma Gandhi, Lowe Kong Meng, Tokutomi Soho, Jan Smuts and Theodore Roosevelt, leading Australian historians Marilyn Lake and Henry Reynolds tell a gripping story about the circulation of emotions and ideas, books and people in which Australia emerged as a pace-setter in the modern global politics of whiteness. The legacy of the White Australia policy still cases a shadow over relations with the peoples of Africa and Asia, but campaigns for racial equality have created new possibilities for a more just future. Remarkable for the breadth of its research and its engaging narrative, Drawing the Global Colour Line offers a new perspective on the history of human rights and provides compelling and original insight into the international political movements that shaped the twentieth century.

The Customary International Law of Human Rights

The Customary International Law of Human Rights
Title The Customary International Law of Human Rights PDF eBook
Author William A. Schabas
Publisher Oxford University Press
Pages 433
Release 2021
Genre Law
ISBN 0192845691

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This book provides a comprehensive account of the emergence of the customary law of human rights. It examines a range of human rights norms, and provides a useful guide to identifying those which can be described as customary.

The International Legal Order

The International Legal Order
Title The International Legal Order PDF eBook
Author Ingrid Detter Delupis
Publisher Dartmouth Publishing Company
Pages 622
Release 1994
Genre International law
ISBN

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This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.

The International Criminal Court

The International Criminal Court
Title The International Criminal Court PDF eBook
Author William A. Schabas
Publisher Oxford University Press
Pages 2251
Release 2017-01-19
Genre Law
ISBN 0191060305

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Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

The European Convention on Human Rights

The European Convention on Human Rights
Title The European Convention on Human Rights PDF eBook
Author William A. Schabas
Publisher Oxford University Press
Pages 1433
Release 2015-09-24
Genre Law
ISBN 0191066761

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The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.