165 research outputs found
Freedom of religion, secularism, and human rights
No full textThis interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.1: What Should Freedom of Religion Become?, Nehal Bhuta
2: Reimagining Secularism: Respect, Domination and Principled Distance, Rajeev Bhargava
3: Citizenship, Religious Rights, and State Identity in Arab Constitutions: Who is Free and What Are They Free to Do?, Nathan J. Brown
4: Communal Religious Rights or Majoritarian Oppression: Conversion and Proselytism Laws in Malaysia and India, Carolyn Evans and Timnah Rachel Baker
5: Too Much Secularism? Religious Freedom in European History and the European Court of Human Rights, Samuel Moyn
6: US Exceptionalism in the Regulation of Religion, Winnifred Fallers Sullivan
7: Rethinking Secularism in Europe, Lorenzo Zucc
The frontiers of human rights : extraterritoriality and its challenges
No full textIn an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. Human rights are invoked to address a number of global-scale problems, such as trans-border environmental harm, social and economic development, global inequality, the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state. The chapters collected in this volume grapple with the promise and the dilemmas of the extraterritorial application of human rights law through an analysis of the legal, theoretical, and practical questions raised by extending states' human rights obligations beyond their national territories.-- 1: Nehal Bhuta: The Frontiers of Extraterritoriality - Human Rights as Global Law
-- 2: Aeyal Gross: The Righting of the Law of Occupation
-- 3: Marko Milanovic: Extraterritorial Derogations from Human Rights Treaties in Armed Conflict
-- 4: Tullio Treves and Cesare Pitea: Piracy, International Law, and Human Rights
-- 5: Ralph Wilde: Dilemmas in Promoting Global Economic Justice through Human Rights Law
-- 6: Jorge E. Viñuales: A Human Rights Approach to Extraterritorial Environmental Protectio
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Autonomous weapons systems ::law, ethics, policy /
No full text"The intense and polemical debate over the legality and morality of weapons systems to which human cognitive functions are delegated (up to and including the capacity to select targets and release weapons without further human intervention) addresses a phenomena which does not yet exist but which is widely claimed to be emergent. This ground-breaking collection combines contributions from roboticists, legal scholars, philosophers and sociologists of science in order to recast the debate in a manner that clarifies key areas and articulates questions for future research. The contributors develop insights with direct policy relevance, including who bears responsibility for autonomous weapons systems, whether they would violate fundamental ethical and legal norms, and how to regulate their development. It is essential reading for those concerned about this emerging phenomenon and its consequences for the future of humanity. Nehal Bhuta is Professor of Public International Law at the European University Institute, Florence, and Co-Director of the EUI's Academy of European Law"-
Awareness and Responsibility in Autonomous Weapons Systems
No full textThe following sections are included:
Introduction
Why Computational Awareness is Important in Autonomous Weapons
Flying Drones and Other Autonomous Weapons
The Impact of Autonomous Weapons Systems
From Autonomy to Awareness: A Perspective from Science Fiction
Summary and Conclusion
Human Rights and the Global Economy
No full textThis edited volume publishes as a special issue of the quarterly social science journal Social Research, a collection of articles on Human Rights and the Global Economy. The topics addressed are Human Rights and Economy Policy; Global Poverty and the Obligations of Rich Countries; Human Rights, Climate Change and Global Justice; and Corporations and Human Rights Obligations. This issue contains the edited proceedings of the November 2011 conference at the New School, where experts and scholars explored human rights as a mediating language for discussions of social justice and the global economy.-- Nehal Bhuta Guest editors’ introduction
-- PART 1: HUMAN RIGHTS AND ECONOMIC POLICY IN PRACTICE
-- Olivier De Schutter “The Role of Human Rights in Shaping International Regimes”
-- Majnari Mahajan “The Right to Health as the Right to Treatment: Shifting Conceptions of Public Health”
-- PART 2: GLOBAL POVERTY AND THE OBLIGATIONS OF RICH COUNTRIES
-- Introduction: Philip G. Alston
-- Sakiko Fukuda-Parr “Right to Development: Reframing the Debates for the 21st Century”
-- Christian Barry “Are trade subsidies and tariffs killing the global poor?”
-- PART 3: HUMAN RIGHTS, CLIMATE CHANGE, AND GLOBAL JUSTICE
-- Introduction: David Scobey
-- Siri Gloppen and Asuncion St. Clair “Climate Change Lawfare”
-- Jackie Dugard, Jennifer MacLeod, and Anna Alcaro “A Rights-Based Examination of Residents’ Engagement with Acute Environmental Harm across Four Sites on South Africa’s Witwatersrand Basin”
-- Kathryn Hochstetler “Climate Rights and Obligations for Emerging States: The Cases of Brazil and South Africa”
-- Des Gasper "Climate Change: The Need for a Human Rights Agenda Within a Framework of Shared Human Security"
-- PART 4: COPRPORATIONS AND HUMAN RIGHTS OBLIGATIONS
-- Introduction: Miriam Ticktin
-- Gay Seidman “Regulation at Work: Globalization, Labor Rights and Development”
-- Christopher London “Coffee, Certification and the Incorrigibility of Capitalism
Present futures: concluding reflections and open questions on autonomous weapons systems
No full textNo abstract available
Present futures: concluding reflections and open questions on autonomous weapons systems
No full textNo abstract available
Autonomous weapons systems : law, ethics, policy
No full textThe intense and polemical debate over the legality and morality of weapons systems to which human cognitive functions are delegated (up to and including the capacity to select targets and release weapons without further human intervention) addresses a phenomena which does not yet exist but which is widely claimed to be emergent. This groundbreaking collection combines contributions from roboticists, legal scholars, philosophers and sociologists of science in order to recast the debate in a manner that clarifies key areas and articulates questions for future research. The contributors develop insights with direct policy relevance, including who bears responsibility for autonomous weapons systems, whether they would violate fundamental ethical and legal norms, and how to regulate their development. It is essential reading for those concerned about this emerging phenomenon and its consequences for the future of humanity.-- Part I. Introduction:
-- 1. Autonomous weapons systems: living a dignified life and dying a dignified death Christof Heyns
-- Part II. Meanings of Autonomy and Human Cognition under Automation:
-- 2. Staying in the loop: human supervisory control of weapons Noel Sharkey
-- 3. The autonomy of technological systems and responsibilities for their use Giovanni Sartor and Andrea Omicini
-- 4. Human-machine autonomies Lucy Suchman and Jutta Weber
-- Part III. Autonomous Weapons Systems and Human Dignity:
-- 5. Are autonomous weapon systems a threat to human dignity? Dieter Birnbacher
-- 6. On banning autonomous weapons systems: from deontological to wide consequentialist reasons Guglielmo Tamburrini
-- Part IV. Risk, Transparency and Legal Compliance in the Regulation of Autonomous Weapons Systems:
-- 7. Judgment, liability, and the risk of riskless warfare Pablo Kalmanovitz
-- 8. Autonomous weapons systems and transparency: towards an international dialogue Sarah Knuckey
-- 9. A human touch: autonomous weapons, DOD Directive 3000.09 and the interpretation of 'appropriate levels of human judgment over the use of force' Dan Saxon
-- 10. Autonomous weapons systems: managing the inevitability of 'taking the man out of the loop' Geoffrey S. Corn
-- Part V. New Frameworks for Collective Responsibility:
-- 11. The obligation to exercise discretion in warfare: why autonomous weapon systems are unlawful Eliav Lieblich and Eyal Benvenisti
-- 12. Autonomy and uncertainty: increasingly autonomous weapons systems and the international legal regulation of risk Nehal Bhuta and Stavros-Evdokimos Pantazopoulos
-- Part VI. New Frameworks for Individual Responsibility:
-- 13. Autonomous weapons systems: new frameworks for individual responsibility Neha Jain
-- 14. Refining responsibility: differentiating two types of responsibility issues raised by autonomous weapons systems Hin-Yan Liu
-- 15. Present futures: concluding reflections and open questions on autonomous weapons systems Nehal Bhuta, Susanne Beck and Robin Geiß
Human rights in global governance
No full textPublished online: 21 November 2024International human rights law is currently struck by a potentially redefining tension. While the developments of international human rights law have long presupposed the state as its architect, object, and the very condition for its operationalization, nowadays there have been decisive steps towards extending the purview of international human rights beyond the state by institutionalizing them as a normative baseline for the operation of a wide range of global governance regimes. This raises a crucial question: what happens to human rights when they are extracted from their constitutive presumptions? This introductory chapter dwells on this question and tension to elaborate an overall framing for the present volume. Drawing upon the century-old jurisprudence by Santi Romano and Maurice Hauriou, the chapter suggests that this crucial question can be productively approached by tracing the modes of relevance that human rights law has gained in diverse global governance contexts—as the several contributions to this volume illustrate. This century-old jurisprudence nonetheless also entails a theory of crisis. Their insights can largely explain the legitimation crisis that international human rights law is currently experiencing and what is required to overcome it
Two concepts of religious freedom in the European Court of Human Rights
No full textIn this article, Bhuta revisits the jurisprudence of the European Court of Human Rights’ interpretation of religious freedom in the headscarf cases. He considers how recent historical work on the history of religious freedom and freedom of conscience opens up a new interpretation of these decisions. The court has been criticized as adopting a militantly secular approach to the presence of Islamic religious symbols in the public sphere, one seemingly inconsistent with its decision in the Lautsi case permitting the display of crucifixes in Italian classrooms. Bhuta’s essay argues that the inconsistency reflects not, or not only, a cultural hostility toward Islamic religious symbols, nor an unforgiving secularism. Rather, the cases turn on an understanding of certain religious symbols as threats to public order and harbingers of sectarian strife. This understanding evokes two different historical understandings of the concept of freedom of conscience: an early modern preoccupation with religious plurality as threatening public order, and a postwar understanding of religious freedom as the protection of secularized Christian values against the totalitarian propensities of modern politics.Published version of EUI LAW WP 2012/3
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