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Helen M. Stacy - Human Rights for the 21st Century: Sovereignty, Civil Society, Culture

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Helen M. Stacy Human Rights for the 21st Century: Sovereignty, Civil Society, Culture
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A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm.Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.

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Stanford Studies in Human Rights
Human Rights for the 21st Century
Sovereignty, Civil Society, Culture
Helen M. Stacy
Stanford University Press
Stanford, California
2009 by the Board of Trustees of the Leland Stanford Junior University.
All rights reserved.
No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or in any information storage or retrieval system without the prior written permission of Stanford University Press.
Printed in the United States of America on acid-free, archival-quality paper
Library of Congress Cataloging-in-Publication Data
Stacy, Helen.
Human rights for the 21st century: sovereignty, civil society, culture / Helen M. Stacy.
p. cm.--(Stanford studies in human rights)
Includes bibliographical references and index.
9780804771023
1. Human rights. 2. Sovereignty. 3. Civil society. 4. Culture and law. I. Title. II. Series: Stanford studies in human rights.
K3240.S7185 2009
341.48--dc22
2008047520
Typeset by Bruce Lundquist in 10/15 Minion Pro
Table of Contents

Acknowledgments
THE RESEARCH FOR THIS BOOK could not have been completed without the generous support provided by Stanford Law School and the Freeman Spogli Institute for International Studies. I am also indebted to my colleagues and my students for their intellectual encouragement.
Over the past years, I have had opportunities to present my work and receive invaluable feedback from participants at workshops and symposia where I have presented aspects of my research. At my own institution, I wish to thank colleagues at faculty workshops at Stanford Law School, the Center on Democracy Development and the Rule of Law at the Freeman Spogli Institute for International Studies of Stanford University, and the Law and History Workshop at Stanford Humanities Center; the Global Justice Workshop at Stanford Humanities Center, November 2005; and Stanford Department of Africa Studies. Beyond Stanford I have benefited from the opportunity to present my ideas at the Australian Society for Legal Philosophy, Australian National University, Canberra, Australia, 2007; the Global Constitutionalism Conference, Stanford Law School, February 2007; the International Law WeekendWest, Santa Clara University, February 2007; the American Philosophical Association, San Francisco, 2007; the Brisbane Ideas Festival, Australia, March 2006; the American Society of International Law, Washington, D.C., 2005; the International Society for Social and Legal Philosophy, Granada, 2005; the University of California at Irvine, December 2005; the American Bar Association, Atlanta, 2004; and the American Section of the International Association for Philosophy of Law and Social Philosophy, Palo Alto, Calif., 2004 and Saint Louis, Mo., 2006.
Excellent research assistance and editing was provided by Adi Aron Gilat, Rachel Lee, Rajat Rana, and Cecilia Naddeo. The manuscript was prepared with superlative skill and unceasing patience by Judy Dearing, to whom I owe a special debt of appreciation.
My heartfelt gratitude goes to the anonymous reviewers of the manuscript for their thoughtful comments; to Kathleen Sullivan for invaluable encouragement; to Laura Donohue and Karoly Nikolich for careful reading of draft chapters; to Eleanor and Izabella Endre-Stacy for providing incentive; and to Netty Stacy for more sustenance than I can every repay.
Abbreviations
AFRCArmed Forces Revolutionary Council (Sierra Leone)
AHRCAsian Human Rights Centre (of the Asian Legal Resource Centre)
ALRCAsian Legal Resource Centre (Hong Kong)
ARFASEAN Regional Forum
ASEANAssociation of South East Asian Nations
ASILAmerican Society of International Law (Washington, D.C.)
CATCommittee Against Torture (United Nations)
CDFCivil Defence Force (Sierra Leone)
CEDAWCommittee on the Elimination of Discrimination against Women (United Nations)
CELSCentro de Estudios Legales y Sociales (Buenos Aires)
CERDCommittee on the Elimination of Racial Discrimination (United Nations)
CMWCommittee on the Protection of the Rights of All Migrant Workers and Members of Their Families (United Nations)
COHRECenter for Organizational and Human Resource Effectiveness (Middle Tennessee State University)
CRCCommittee on the Rights of the Child (United Nations)
CSJNCorte Suprema de Justicia de la Nacin (Argentina)
ECHREuropean Convention on Human Rights; European Court of Human Rights (Council of Europe)
ECOSOCEconomic and Social Council (United Nations)
ERRCEuropean Roma Rights Center
FAOFood and Agriculture Organization (United Nations)
GATTGeneral Agreement on Tariffs and Trade
IACHRInter-American Commission on Human Rights (Organization of American States)
IAEAInternational Atomic Energy Agency (United Nations)
IBRDInternational Bank for Reconstruction and Development (World Bank)
ICAOInternational Civil Aviation Organization (United Nations)
ICCPRInternational Covenant on Civil and Political Rights (United Nations)
ICERDInternational Convention on the Elimination of All Forms of Racial Discrimination (United Nations)
ICESCRInternational Covenant on Economic, Social and Cultural Rights (United Nations)
ICJInternational Court of Justice (United Nations)
ICTRInternational Criminal Tribunal for Rwanda (United Nations)
ICTYInternational Criminal Tribunal for Yugoslavia (United Nations)
IDAInternational Development Association (United Nations)
IFADInternational Fund for Agricultural Development (United Nations)
IFCInternational Finance Corporation (United Nations)
ILCInternational Law Commission (United Nations)
ILOInternational Labour Organization (United Nations)
IMFInternational Monetary Fund
IMOInternational Maritime Organization (United Nations)
IPECInternational Programme on the Elimination of Child Labour (International Labour Organization)
ITUInternational Telecommunications Union (United Nations)
LRALords Resistance Army (Uganda)
NAFTANorth American Free Trade Agreement
NGOnongovernmental organization
NPFLNational Patriotic Front of Liberia
OASOrganization of American States
OAUOrganization of African Unity
OHCHROffice of the High Commissioner for Human Rights (United Nations)
RUFRevolutionary United Front (Sierra Leone)
SPCLSharia Penal Code Law (Nigeria)
SPSCSpecial Panels for Serious Crimes (Ad-Hoc Court for East Timor)
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