"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

The concept of jus post bellum deals with moral considerations in the aftermath of conflict and is concerned with how a just peace should look like. This paper analyses the concept of jus post bellum as developed by contemporary Just War theorists. Its aim is to provide a critical perspective on the proposed substantial scope of this concept. In other words, it will consider the question: in restoring peace after war, is it justified for just combatants to change (...) the political structure of a defeated aggressor? The piece will be divided into two main parts. First, through a review of the literature, I define the current state of the art on jus post bellum thinking in relation to a number of key aspects of this concept. What does241 it entail? Which principles is it made of? What sort of activities do just war theorists speak about when they speak of creating a just peace? Second, I focus on the principle of ?political rehabilitation? of the defeated state: is it permissible? Under what circumstances? While considering these questions and authors' views on this matter, the paper will provide a critical reappraisal of the current debate on the justifiability of political reconstruction in post-conflict states. (shrink)

Questions pertaining to socialist democracy and human rights and freedoms have now been advanced to the front lines of the ideological struggle between the forces of socialism, peace, and democracy, on the one hand, and those of imperialism, war, and reaction, on the other. This is due to the content and features of the worldwide development of societies today, one direction of which is a universal increase in the political self-awareness and social activity of the working class (...) and the entire mass of the toiling population. The final document of the 1976 Conference of Communist and Workers' Parties of Europe emphasizes: "The historical necessity of replacing capitalist society with a socialist society established in accordance with the will of each people is becoming evident to ever broader strata of the public." The great achievements of socialism and the successes of socialist democracy serve as an inspiring example in the heroic struggle of the working class and its allies for peace and social progress. (shrink)

In 1989, the age of power political realism ended. The conditions were set to replace the prevailing Hobbesian model of peace by deterrence with the considerably more challenging Kantian model of peace by right. If, however, Huntington's paradigm of fighting civilizations were right, we would have to forget Kant and remember Hobbes. Sober rationality, healthy distrust, striving for power accumulation and all the other instruments from the realist's toolbox of political prudence are very well suited to facilitate political (...) self-assertion in an age of violently clashing cultures. However, this helplessness is not well grounded. Considering that from the very beginning liberalism is a theory of religious and ethical pluralism and well-experienced in dealing with problems of multiculturalism, it is at least possible to argue for a weak liberal universalism which provides normative foundations for a global order of peacefully living together. Of course, conceptual and moral modesty is crucial. If the human rights doctrine wants to defend its universal claim in the face of cultural diversity , it has to restrict itself to the conditions of esse: the pre-cultural and sheer natural conditions of human being and human coexistence. However, the formulation of the conditions of bene esse has to be left to culture and its authorities and belief systems which buttress a cultural constitution of meaning, both theologically and metaphysically. Traditional natural rights theory knew that both have to go together, and that the esse-enabling duties necessarily enjoy priority. No cultural conception of thriving life and existential significance can be accepted which contradicts the fundamental imperatives and conditions of pure human existence and coexistence. (shrink)

Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain benefits, (...) yet war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)

Cover title: Justice, peace, & human rights. Bibliography: p. 227-252. Includes index.

한반도에서 여성 인권 상황은 어떠한가? 한반도는 잠재적 무력 분쟁 지역이기 때문에, 전쟁과 관련하여 여성 인권 문제를 논하지 않을 수 없는 곳이다. 전쟁과 여성 인권의 관계는 단지 한국 사회의 관심사에 그치지 않고, 국제평화 내지 세계평화의 실현과 관련된다. 이런 발상은 무력 분쟁에서 여성과 여아에 대한 성폭력 및 인권 유린이 국제평화 실현에 방해가 된다는 맥락에서 접근하는 유엔 안전보장이사회의 결의안 내용과도 맞물려 있다. 그래서 이 글은 유엔 1325호 결의안 및 후속 결의안을 토대로 하여 여성 인권을 논하려고 한다. 20세기 후반에 발생한 전쟁을 살펴보면, 사망자는 대부분 (...) 민간인이고, 그 중 여성과 여아가 80-90%를 차지한다. 그리고 무력 분쟁이 일어나는 곳에서 여성과 여아 및 아동에 대한 성폭력과 기타 형태의 폭력이 심각한 수위에 이르렀다. 국제적 여성 NGO들과 여성단체들이 이 부분에 주목하면서 유엔 안전보장이사회에 문제의 심각성을 전달했고, 그래서 여성과 평화와 안보에 대한 결의안이 만들어진다. 2000년에 1325호 결의안을 만들고, 문제점을 보완해 나가기 위해 후속 결의안들을 자꾸 내놓고 있다. 여성과 평화와 안보에 대한 결의안들은, 전쟁을 포함한 무력 분쟁이 여성 인권에 어떤 영향을 미치는지를 진단한다. 그리고 무력 분쟁에서 지속적으로 발생하는 여성과 여아에 대한 폭력은 여성 인권을 저하시킬 뿐만 아니라, 궁극적으로 국제평화의 걸림돌이 된다고 결론내린다. 세계 평화를 실현하려면, 무력 분쟁에서 여성과 여아에 대한 성폭력을 자행해서는 안 되고, 궁극적으로 근절하지 않으면 안 된다고 할 수 있다. 근절을 이루기 위해서는 사회의 모든 부분에서 여성의 지위가 달라져야 한다. 지위 변화를 위해 여성 참여와 대표성을 높이는 성 주류화가 요구된다. 그러나 성 주류화 이전에 강조해야 할 점은 무력 분쟁이 일어나는 곳에서 여성과 여아에 대한 폭력이 발생해서는 안 된다는 점이다. 그러려면 무력 분쟁 당사자들 및 유엔 파견 평화유지군 모두가 ‘성 인지적 관점’을 지녀야 한다. 성 인지적 관점과 성 주류화는 무력 분쟁 시 발생하는 여권 유린을 최소화할 수 있다. 무력 분쟁 내지 전쟁 시 여성 인권을 유린하는 사람들은 유린 행위에 그치지 않고, 왜곡된 여성관을 형성하게 되고 일상으로 돌아와서도 성폭력에 접근하기가 쉬워진다. 일상에서 만나는 여성의 존엄성과 지위를 하락시키는 가치관을 자연스럽게 배태하게 된다. 이것은 결과적으로 세계 평화를 저해하는 요소가 된다. 그러므로 무력 분쟁 관련자들이 성 인지적 관점을 지니도록 교육시키고, 교육을 위한 정치적, 법적 장치를 각 국가들이 만들도록 해야 한다. 이렇게 변화를 이루어 내려면 여성의 대표성을 늘리고, 여성의 지위를 향상시키는 장치들이 필요하다. 이 글은 이러한 주장을 뒷받침하기 위해 칸트와 헤겔의 전쟁론을 살펴보고, 그들의 전쟁론에서 세계평화와 국제평화를 실현하기 위한 법적 장치, 인간성 및 도덕성에 관한 논의가 어떻게 나타나는지를 살펴본다. 여기에서 도출되는 세계시민사상, 법과 도덕의 상호 보완적 측면이 여성의 인권 실현과도 관련이 있으며, 궁극적으로 무력 분쟁에서 여성과 여아에 대한 성폭력 및 기타 폭력은 국제평화 실현에 걸림돌이 된다는 데로 나아가려고 한다. 여성의 인권을 실현하는 일은 여성의 사회적 지위와 연관된다. 여성의 사회적 지위 향상은 여권 유린을 막는 기반이며, 무력 분쟁을 줄이는 근간이 된다. 무력 분쟁을 줄이거나 막는 것은 무력 분쟁 시의 성폭력 및 여권 유린을 최소화하여 국제평화를 실현하는데 이바지한다. (shrink)

The explicit articulation of a cosmopolitan conception of human security and a corresponding right to peace is a positive development in global politics, inasmuch as it decenters the state in our understanding of the human community and delegitimizes organized violence as the generally accepted means for the “continuation” of realist politics. I have argued that just war theory, when defined in suitably narrow fashion, helps to contribute to our thinking on issues of human security in several (...) ways. First, it provides a stringent normative framework for a reasonable humanitarian justification of the resort to force. Second, it enables us to conceptualize significant moral and legal constraints on war and thus on the powers of states to wage war, thereby displacing the use of force from the statist paradigm of security. Third, it contributes to the delegitimation of unjust wars, that is, military actions undertaken for any purposes other than human security. Fourth, insofar as it provides a justificatory basis for the increasing demilitarization of society, it may influence the progressive and just pacification of global politics.As long as the types of human wrongs that present the gravest threats to human security continue to haunt the global community, there remains a need to be able to respond effectively so as to protect the rights and well-being of individuals. This need poses a genuine dilemma for humanitarian morality and politics, insofar as many of the military capabilities required to defend and to aid vulnerable persons can also be the source of threats to human life and welfare. Yet the existence of this dilemma need not lead us either to apathy or to cynicism. The nexus of human security, the right to peace, and just war theory offers a resolution to the traditional security dilemma by challenging the realist rationale for aggressive militarism, and by supporting the emergence of global security structures and processes guided by the humanitarian norms of just peace. *** DIRECT SUPPORT *** A28BB021 00002. (shrink)

In this article, we examine the continuity of harms and traumas experienced by women before, during and after war and other mass violence. We focus on women because of the particular challenges they face in accessing justice due to patriarchal structures and ongoing discrimination in the political, economic and social, as well as legal spheres, and because of the gendered nature of the crimes and harms they experience. We use the four key pillars of transitional justice identified by the United (...) Nations as a framework to analyse how these harms are addressed in the context of criminal prosecutions, truth commissions, reparations and institutional reform. We conclude that a gender-transformative approach to transitional justice that focuses on transforming psychosocial, socioeconomic and political power relations in society is needed in order to attain human rights for women and build a sustainable peace. (shrink)

The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other (...) acts of mass violence ... Every effort … to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life.” Over the years, all treaty bodies have contributed in this direction, endorsing peace and security so as “to protect people against direct and structural violence … as systemic problems and not merely as isolated incidents …”. A closer look at the jurisprudence on peace and security, emanating from treaty monitoring mechanisms including state periodic reports, interpretive statements, the individual communications procedure, and others, reveals its distinctive nature. (shrink)

The “Universal Declaration of Human Rights” and the “Geneva Declaration” by the World Medical Association, both in 1948, were preceded by the foundation of the United Nations in New York (1945), the World Medical Association in London (1946) and the World Health Organization in Geneva (1948). After the end of World War II the community of nations strove to achieve and sustain their primary goals of peace and security, as well as their basic premise, namely the health (...) of human beings. All these associations were well aware of the crimes by medicine, in particular by the accused Nazi physicians at the Nuremberg Doctors Trial (1946/47, sentence: August 1947). During the first conference of the World Medical Association (September 1947) issues of medical ethics played a major role: and a new document was drafted concerning the values of the medical profession. After the catastrophe of the War and the criminal activities of scientists, the late 1940s saw increased scrutiny paid to fundamental questions of human rights and medical ethics, which are still highly relevant for today’s medicine and morality. The article focuses on the development of medical ethics and human rights reflected in the statement of important persons, codes and institutions in the field. (shrink)

Digital transformation and “artificial intelligence (AI)”—which can more adequately be called “data-based systems (DS)”—comprise ethical opportunities and risks. Therefore, it is necessary to identify precisely ethical opportunities and risks in order to be able to benefit sustainably from the opportunities and to master the risks. The UN General Assembly has recently adopted a resolution aiming for ‘safe, secure and trustworthy artificial intelligence systems’. It is now urgent to implement and build on the UN General Assembly Resolution. Allowing humans and the (...) planet to flourish sustainably in peace and guaranteeing globally that human dignity is respected not only offline but also online, in the digital sphere, and in the domain of DS, requires two policy measures: (1) human rights-based data-based systems (HRBDS): HRBDS means that human rights serve as the basis of digital transformation and DS. (2) International Data-Based Systems Agency (IDA): IDA should be established at the UN as a platform for cooperation in the field of digital transformation and DS, fostering human rights, security, and peaceful uses of DS, as well as a global supervisory institution and regulatory authority in digital transformation and DS. The establishment of IDA is realistic because humanity has already shown in its past that we are able to not always “blindly” pursue the technically possible but also to limit ourselves to what is technically feasible when humanity and the planet are at stake. For instance, humans researched the field of nuclear technology, developed the atomic bomb, and detonated it several times. Nonetheless, the same humans limited research and development in the field of nuclear technology to prevent even worse consequences by establishing the International Atomic Energy Agency (IAEA) at the UN. (shrink)

In all three areas of Kant's political philosophy that Luigi Caranti covers, he offers compelling and persuasive accounts that sharpen our understanding of Kant and show the value of close study of historical texts for today's philosophy. Recent political philosophy inspired by Kant often draws from his more general moral writings, as exemplified by Rawls's use of the categorical imperative as a procedure. Others, however, cite Kant's works more directly concerned with political philosophy. Caranti assesses these readings in two areas—the (...) foundations for human rights and the conditions for international peace—and adds an assessment of Kant on progress toward a just political order.The first two topics receive... (shrink)

In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.” Is it true that international humanitarian law and international human rights law share the (...) same “essence,” and that essence is the general principle of respect for human dignity? Is it true that, in the words of Charles Beitz, humanitarian law is “perhaps better described as the law of ‘human rights in armed conflicts’”? To answer yes, I argue, amounts to a reinterpretation of IHL that drifts far from its history. This reinterpretation is what I label human rights thinking . In its origins, IHL was not designed to protect human dignity, but to reduce human suffering; it was a form of disaster relief. Human rights law, by contrast, originated as a blueprint for the kind of peacetime societies that would no longer plunge the world into what the UN Charter calls the “untold sorrow” of war. Nevertheless, law changes. Perhaps the nature of IHL has evolved over time in the direction of human rights thinking, and should evolve that way. That is the view I defend-–with some qualifications-–in the final sections of this essay. First, I explore the very different genealogies of IHL and human rights law, and explain how human rights thinking migrated into IHL. I attribute the migration to international criminal law, military occupations, and reactions to the U.S. war on terrorism. In the final sections, I explore two ways human rights thinking can be pursued in wars. One of them, I will argue, overplays and overestimates what human rights thinking can accomplish. It does so by, in effect, willing away fundamental differences between war and peace. The other is an approach that I have defended for more than three decades. It consists, at bottom, of taking a civilian’s-eye view of the disasters of war and reading the law accordingly-–recognizing, one might say, that Mother Courage and her children matter just as much to the law of war as Henry V and his band of brothers. (shrink)

Based on the experiences of anthropologists and others who document abuses and serve as expert witnesses, case studies from around the world offer insight into reparations proceedings; the ethical struggles associated with attempts to secure reparations; the professional and personal risks to researchers, victims, and human rights advocates; and how to come to terms with the political compromises of reparations in the face of the human need for justice.".

Human rights are a construct of international law. Their legitimacy depends on them being informed by the deep-seated fact of global cultural pluralism and the concern of establishing a system that recognizes this pluralism, transcends a narrow parochial perspective and thus avoids the accusation of cultural or moral colonialism. There are two broad strategies to do this: by invoking an individualist-moral conception of HR designed to promote well-being and by invoking a social-political conception of HR aimed at preserving (...) world peace and stability. Economic rights are rights to commodify—to sell one’s labor, to buy goods and services and so on—under fair terms. That is to say, to take part in economic activities such as production and consumption within a distinctive social form by which they are mediated through exchange. I argue that endorsing rights of commodification is incompatible with a genuine concern with parochialism. Economic rights are neither necessary to protect some natural interest shared by all humans, nor the stability of a peaceful world order. Hence, economic rights should not be considered human rights. (shrink)

Educação em Direitos Humanos, como educação em valores e princípios éticos, é algo impostergável, especialmente na sociedade globalizada do século XXI. Mas não há como tratar de EDH senão a partir do contexto local. Assim, no texto, propomo-nos a: apresentar alguns antecedentes relativos à EDH na América Latina, mostrando claramente que esta é uma contribuição social que teve um desenvolvimento e apresentou certas tensões e obstáculos; refletir sobre o sentido e a significação da EDH; e, complementarmente, fazer referência aos objetivos (...) perseguidos pela EDH, entre os quais se identificará preferencialmente a formação do sujeito de direitos, trazendo à discussão elementos de ordem empírica observados no cotidiano das instituições educativas. O argumento que fundamenta a relação entre educação à paz e em direitos humanos centra-se na ideia do respeito à diferença e à diversidade como parte da experiência humana vivenciada em processos educativos escolares e não escolares. O recorte analítico do texto, sem desconsiderar a dimensão não formal e informal da educação, volta a reflexão ao papel da escola e a formação inicial e continuada dos professores como protagonistas essenciais para o conhecimento e respeito dos Direitos Humanos visando contribuir para a conquista da paz. Palavras-chave: Educação. Paz. Direitos Humanos. Educação escolar. (shrink)

This paper focuses on a specific area of interest within the philosophical system of Schopenhauer and Buddhism which is human rights, the concept of compassion and the issue of the pure motive behind human action. Both theories express pessimism regarding the transitoriness of life and the pain caused, and how this deprives man of inner peace. The common acknowledgment of the fact that human life entails great suffering guides the two philosophies into an awareness of (...) the need for salvation. In their metaphysics, there is a number of similarities that conclude to the point that moral truthfulness is a principal virtue in human life, practically indispensable for right living. In this particular context, while compassion is highlighted as the main ethical factor, it is a question of paramount importance in these doctrines whether the motive behind the action is a motive concentrated on the Self or purely on the Other. (shrink)

Human rights and conflict resolution have been traditionally perceived as two separate fields, with contradictory principles and conflicting approaches toward achieving peace. This essay aims to understand these two fields in a more integrative way, showing how a human rights perspective can enrich the theory and practice of conflict resolution. It clarifies the main characteristics of a human rights approach to conflict resolution and identifies a set of human rights standards guiding (...) its implementation: a normative legal framework; structural conditions for peace; participation and inclusion; and accountability and redress. The essay also briefly applies a human rights approach to the Colombian peace process and to the Oslo Accords between Israel and the Palestine Liberation Organization. The conclusion addresses one of the main criticisms of this approach and its principal challenges. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in (...) light of three landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

Kofi Annan did more than any UN secretary-general before him to stress the close link between human rights and peace and security. With the creation of the Human Rights Council, said Annan, "a new era in the human rights work of the United Nations has been proclaimed.".

The author starts with general differentiation between human, fundamental and civil rights. Considering that such distinction in terms isn’t supported in European conventions, he remarks that strict distinction between human, fundamental and civil rights isn’t unconditionally obligatory, and therefore meaningful. That’s why he focuses on common values through his thorough analysis and evaluation of legal standardization of human rights in the European Union: The treaty on European Union, Charter of fundamental rights, other documents (...) and practises of European institutions. Peace, being the basic aim of European unification, can remain stabile through ,,in the first line”, freedom and respect of fundamental and human rights. The most important foundation for developing common European identity is awareness of common European values and fundamental and human rights, which mark the European cultural space in a particular way and provide Europe with the spirit. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in (...) light of three landmark decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)

Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these two groups for some (...) time now. Political circumstances, however, and legal impediments have periodically stalled the peace processes. It is the author’s intention to focus on the predicament of indigenous communities as they seek a strategic role in shaping the content of peace agreements being negotiated by the Philippine government with the rebel groups. How have the indigenous communities made an impression on the two peace processes through the years? And, have the indigenous peoples’ rights been sufficiently protected in the context of the peace agreements? The author will draw from his own insights on the peace processes and agreements which have been negotiated and even tested before the Supreme Court of the Philippines. (shrink)

"A type of book we always long to read for peace and joy in any nation, Father Dr. JoeBarth Abba touched many areas amidst orgies of circles of terrorisms, Islamic insurgents with key solutions for psycho-dialogical ways on cultural ethnic tensions for conflicts resolution." --Gerhard Ludwig Cardinal Mueller, Vatican, Rome ***The book presents an inquiry into the thoughts and scholasticism of Thomas Aquinas, his classical philosophical synthesis, his insights, and the quest for Justice and Human Rights as (...) a panacea or desired urgent solution to racial justice, abuse of human life, and human rights. Dissertation. (Series: Philosophy / Philosophie, Vol. 108) [Subject: African Studies, Human Rights Studies, Philosophy, Christian Studies, Thomas Aquinas]. (shrink)

La construcción de la historia moderna depende en parte de los valores y de las herramientas políticas que la personas tienen a su alcance como individuos: la democracia y los derechos humanos. Utilizando la paz como punto inicial y moviéndose a través de la evolución más reciente, este artículo explora conexiones entre la democracia, los derechos humanos y la paz, describiendo las distintas herramientas disponibles en sus respectivas y mutuas evoluciones. El lugar que la paz puede ocupar en las constituciones (...) se explora en este artículo, junto a la posibilidad y la ventaja que tiene concebir dicha paz como un derecho humano. En tanto que «el progreso está en camino», el artículo muestra las avenidas transitables y los diferentes caminos disponibles para participar en esta evolución. (shrink)

The idea of “promoting democracy” is one that goes in and out of favor. With the advent of the so-called “Arab Spring”, the idea of promoting democracy abroad has come up for discussion once again. Yet an important recent line of thinking about human rights, starting with John Rawls’s book The Law of Peoples, has held that there is no human right to democracy, and that nondemocratic states that respect human rights should be “beyond reproach” (...) in the realm of international relations. This is, for obvious reasons, a controversial view, especially given the powerful and important arguments purporting to show that democracies do significantly better than nondemocracies in promoting internal peace and equality, and in engaging in peaceful international cooperation. Both proponents and opponents of the Rawlsian view of human rights have argued that the view implies that democracies may not “promote democracy” in nondemocratic societies. But, given that all parties to this dispute agree that democracy is necessary for justice, and given the important instrumental goods provided by democracy, the Rawlsian view has seemed deeply implausible to many. -/- In this paper I blunt this challenge to the Rawlsian view by showing how, even if there is no human right to democracy, we may still rightfully promote democracy in a number of ways and cases. Showing this requires investigation of what it means to “promote democracy”, and a more careful inspection of when various methods of promoting democracy are appropriate than has been done by most political theorists working on human rights. When we look carefully, we can see that in some instances acceptable forms of promoting democracy are compatible with the Rawlsian view of human rights, and that this view is therefore not vulnerable to the “instrumentalist” challenge. We also see how, if political philosophy is to be useful, it must be less abstract and look closely at actual cases. -/- This paper posted by permission of the Board of Trustees of the Leland Stanford Junior University. For information visit the Stanford University website. (shrink)

Recent years have seen increased debate about the contributions that human rights make to the creation of conditions of peace. However, less attention has been paid to the claim that peace itself is a genuine human right. Whereas some critics argue that a focus on rights results in an overly formal juridical account of peace at the expense of a more robust notion of positive peace, others contend that a legal framework of (...) rights is all that is needed to eliminate violent conflict. In this paper I strike a position between these two arguments and articulate a normative defense of the human right to peace embedded within a broader discourse of social justice. I do so by demonstrating that a right to peace is a genuine human right because it satisfies appropriate justificatory tests, including those concerning its scope, the duties it generates, and its economic feasibility. S. Afr. J. Philos. Vol.21(3) 2002: 147-162. (shrink)

Human rights have always been an acute ideological issue. The peaceful coexistence of states with different social systems does not imply any relaxation of ideological struggle; but this struggle has to be carried on within a definite framework, without slander or interference in the domestic affairs of other states. Otherwise, it will undermine international détente, which is incompatible with any spread of suspicion, mistrust, or hostility in relations among nations. Détente implies mutual respect for the sovereignty and the (...) laws and customs of states. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the (...) most difficult questions of human rights theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)

현대 가톨릭교회의 평화 사상과 국제사회의 ‘평화권’ 운동은 모 두 ‘보편적 인권’에 기반하는 평화체제’를 강조한다. 가톨릭 평화사 상과 국제사회의 평화운동이 같은 노선 위에서 변화를 가져올 수 있었던 배경은 제2차 세계대전 이후의 사회변화에 있다. 전쟁의 참 상, 빈곤의 고통, 국가 간 갈등을 발생시키는 구조적 폭력의 문제 들은 인권의 문제를 직시하게 만들었다. ‘평화권’에 대한 구상은 더 는 물리적 폭력이 없는 소극적 평화에 만족하지 않고, 경제 사회 문화적인 구조적 폭력을 없애는 적극적 평화개념에 이르렀다. 평 화 만들기를 위한 제안들은 ‘평화롭게 살 권리’와 ‘연대권’으로 개 념화되고 (...) 있다. 이 권리들은 ‘전쟁을 거부할 권리’, ‘군사외교안보 정책을 민주적으로 통제할 권리’, ‘발전과 환경에 대한 권리’ 등을 포괄하며, 평화권이 개인과 집단의 권리이며 의무라는 점을 확인 한다. 난민을 포함한 이주민의 문제도 국가 간 불평등을 제거해야 하는 평화의 문제에 속한다. ‘평화권’ 개념은 가톨릭의 평화사상과 공통된 지향을 가질 뿐 아 니라, 아래로부터 요구되는 평화운동으로 이해할 수 있다. 한국사 회에서 ‘평화권’은 특별히 1919년 ‘거리의 평화운동’을 계승한다는 역사적 의의도 지닌다. 여전히 냉전시대를 살고 있는 비동시적 상 황에서, 한국사회는 ‘평화권’에 기초한 새로운 평화주의 원리를 발 전시켜야 할 과제를 지닌다. 그 원리는 한국사회의 민주주의를 발 전시키고, 한반도의 문제를 안정적이고 지속적으로 풀어 나가는 방안이어야 하며, ‘동아시아 평화 공동체’를 만들어 나가는 동력이 되어야 한다. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the (...) most difficult questions of human rights theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)