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11. Laws, Constitutions, and Federalism  

This chapter explores the interrelationships between law, constitutions, and federalism. It first explains the importance of constitutions in shaping the basic structure of the state and the fundamental rights of citizens that they establish before discussing the Universal Declaration of Human Rights, in particular asking whether it is Western-centric. It then considers the ways in which states may attempt to realize justice in applying the law, with emphasis on the distinction between Islamic and Western practice. It also examines the role of constitutional courts and judicial review, legal adjudication of political problems, how the institution of federalism is used to contain the powers of the state and to manage diverse societies, and consociationalism as an alternative approach to handling social diversity. Finally, it analyses the increasing legalization of political life.

Chapter

Cover The Globalization of World Politics

32. Human rights  

Ratna Kapur

This chapter looks at human rights, analysing the structure and politics of human rights in the twenty-first century. In particular, the chapter examines the influence of liberal internationalism on human rights and how this is shaped by the legacies of colonialism, slavery, apartheid, and engagements with sexual, religious, and racial differences. The chapter encourages questions about whether rights are universal instruments of emancipation, or whether the rights are more complex, contradictory, and contingent in their functioning. The chapter also sets out the dominant understandings of human rights as progressive, universal, and based on a common human subject. Human rights advocates sometimes differ on the strategies to be adopted to address violations; these can have material, normative, and structural consequences that are not always empowering. These competing positions are illustrated through two case studies: one on the Islamic veil bans in Europe and the second on same-sex, queer relationships, LGBTQ rights, and colonial laws.

Chapter

Cover Introduction to Politics

10. Law, Constitutions, and Federalism  

Peter Ferdinand

This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.

Chapter

Cover The Globalization of World Politics

1. Introduction: from international politics to world politics  

John Baylis, Steve Smith, and Patricia Owens

This chapter introduces the text which offers a comprehensive analysis of world politics in a global era. The text examines the main theories of world politics— realism, liberalism, Marxism, social constructivism, poststructuralism, post-colonialism, and feminism. It reviews the main structures and processes that shape contemporary world politics, such as global political economy, international security, war, gender, and race. Furthermore, it addresses some of the main policy issues in the globalized world, including poverty, human rights, health (with particular emphasis on the recent global pandemic), and the environment. This introduction offers some arguments both for and against seeing globalization as an important new development in world politics. It also explains the various terms used to describe world politics and the academic field, particularly the use of ‘world politics’ rather than ‘international politics’ or ‘international relations’. Finally, it summarizes the main assumptions underlying realism, liberalism, Marxism, social constructivism, post-structuralism, post-colonialism, and feminism.

Chapter

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33. Humanitarian intervention in world politics  

Alex J. Bellamy and Nicholas J. Wheeler

This chapter examines the role of humanitarian intervention in world politics. It considers how we should resolve tensions when valued principles such as order, sovereignty, and self-determination come into conflict with human rights; and how international thought and practice has evolved with respect to humanitarian intervention. The chapter discusses the case for and against humanitarian intervention and looks at humanitarian activism during the 1990s. It also analyses the responsibility to protect principle and the use of force to achieve its protection goals in Libya in 2011. Two case studies are presented in this chapter. The first one looks at Myanmar and barriers to intervention. The second one centres on the role of Middle Eastern governments in Operation Unified Protector which took place in 2011 in Libya.

Chapter

Cover The Globalization of World Politics

31. Human rights  

Ratna Kapur

This chapter looks at human rights, analysing the structure and politics of human rights in the twenty-first century. In particular, the chapter examines the influence of liberal internationalism on human rights and how this is shaped by the legacies of colonialism, slavery, apartheid, and engagements with sexual, religious, and racial differences. The chapter encourages questions about whether rights are universal instruments of emancipation, or whether the rights are more complex, contradictory, and contingent in their functioning. The chapter also sets out the dominant understandings of human rights as progressive, universal, and based on a common human subject. Human rights advocates sometimes differ on the strategies to be adopted to address violations; these can have material, normative, and structural consequences that are not always empowering. These competing positions are illustrated through two case studies: one on the Islamic veil bans in Europe and the second on LGBT human rights interventions.

Chapter

Cover Introduction to Politics

10. Law, Constitutions, and Federalism  

Peter Ferdinand

This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.

Chapter

Cover The Globalization of World Politics

Introduction  

From international politics to world politics

Patricia Owens, John Baylis, and Steve Smith

This text offers a comprehensive analysis of world politics in a global era. It examines the main theories of world politics—realism, liberalism, Marxism, social constructivism, poststructuralism, post-colonialism, and feminism. It reviews the main structures and processes that shape contemporary world politics, such as global political economy, international security, war, gender, and race. Furthermore, it addresses some of the main policy issues in the globalized world, including poverty, human rights, and the environment. This introduction offers some arguments both for and against seeing globalization as an important new development in world politics. It also explains the various terms used to describe world politics and the academic field, particularly the use of ‘world politics’ rather than ‘international politics’ or ‘international relations’. Finally, it summarizes the main assumptions underlying realism, liberalism, Marxism, social constructivism, post-structuralism, post-colonialism, and feminism.

Chapter

Cover The Globalization of World Politics

32. Humanitarian intervention in world politics  

Alex J. Bellamy and Nicholas J. Wheeler

This chapter examines the role of humanitarian intervention in world politics. It considers how we should resolve tensions when valued principles such as order, sovereignty, and self-determination come into conflict with human rights; and how international thought and practice has evolved with respect to humanitarian intervention. The chapter discusses the case for and against humanitarian intervention and looks at humanitarian activism during the 1990s. It also analyses the responsibility to protect principle and the use of force to achieve its protection goals in Libya in 2011. Two case studies are presented, one dealing with humanitarian intervention in Darfur and the other with the role of Middle Eastern governments in Operation Unified Protector in Libya in 2011. There is also an Opposing Opinions box that asks whether the West should intervene in Syria to protect people there from the Islamic State (ISIS).

Chapter

Cover The Globalization of World Politics

12. Social constructivism  

Michael Barnett

This chapter examines constructivist approaches to international relations theory. It explores whether there is a possibility of moral progress in world politics, whether some cultures and countries are more (or less) inherently violent, and whether states are motivated by power or by ideas. The chapter also discusses the rise of constructivism and some key concepts of constructivism, including the agent–structure problem, holism, idealism, individualism, materialism, and rational choice. It concludes with an analysis of constructivist assumptions about global change. Two case studies are presented, one relating to social construction of refugees and the 2015 European migration crisis, and the other to the ‘human rights revolution’ and torture. There is also an Opposing Opinions box that asks whether the laws of war have made war less horrific.