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    United States Law and Policy on Transitional Justice: Principles, Politics and Pragmatics
    Zachary D. Kaufman. 4/7/2016. United States Law and Policy on Transitional Justice: Principles, Politics and Pragmatics, Pp. 382 pages. New York: Oxford University Press. See full text. Abstract
    In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman, J.D., Ph.D., explores the U.S. government’s support for, or opposition to, certain transitional justice institutions.

     

    By first presenting an overview of possible responses to atrocities (such as war crimes tribunals) and then analyzing six historical case studies, Dr. Kaufman evaluates why and how the United States has pursued particular transitional justice options since World War II. This book challenges the “legalist” paradigm, which postulates that liberal states pursue war crimes tribunals because their decision-makers hold a principled commitment to the rule of law. Dr. Kaufman develops an alternative theory—“prudentialism”—which contends that any state (liberal or illiberal) may support bona fide war crimes tribunals. More generally, prudentialism proposes that states pursue transitional justice options, not out of strict adherence to certain principles, but as a result of a case-specific balancing of politics, pragmatics, and normative beliefs. Dr. Kaufman tests these two competing theories through the U.S. experience in six contexts: Germany and Japan after World War II, the 1988 bombing of Pan Am flight 103, the 1990-1991 Iraqi offenses against Kuwaitis, the atrocities in the former Yugoslavia in the 1990s, and the 1994  genocide against the Tutsi in Rwanda. Dr. Kaufman demonstrates that political and pragmatic factors featured as or more prominently in U.S. transitional justice policy than did U.S. government officials’ normative beliefs. Dr. Kaufman thus concludes that, at least for the United States, prudentialism is superior to legalism as an explanatory theory in transitional justice policymaking.

    Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.
    Federica D’Alessandra. 2014. “Human Rights and Alternative Legality in Israel and the Occupied Palestinian Territories.”. See full text.Abstract
    dalessandra_israelsaltlegality_utrecht.pdf
    This working paper focuses on the legal protection awarded to the Arab populations under Israeli jurisdiction.

     

    In analyzing their legal protection, the author distinguishes between Arab Israelis and other Arab populations resident in territories under Israeli jurisdiction. The author does not deal with Israeli settlements or other discriminating laws such as marriage laws and the family reunification laws, but focuses on anti-terrorism measures. The working paper is divided in three parts: in the first part, the author discusses Israel’s domestic obligations towards Arab Israelis and Palestinian residents, and their de facto discrimination. The second part discusses the applicability of the Fourth Geneva Convention to both the Occupied Palestinian Territories and Palestinian unlawful combatants. The third part discusses the applicability of human rights law to all territories under Israeli jurisdiction, and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The working paper concludes that many Israeli anti-terrorism measures (such as check-points, night searches of Palestinian households, administrative detentions and targeted executions of Palestinian militants) violate individuals’ rights protected under domestic and international law. Moreover, this working paper finds that Israel’s rationale underpinning the non-applicability of such legislation to the Arab populations under its jurisdiction constitutes a form of ‘alternative legality’ and discrimination.

    The Human Right to Water and Common Ownership of the Earth
    Mathias Risse. 2014. “The Human Right to Water and Common Ownership of the Earth.” Journal of Political Philosophy, Pp. 178-203. See full text.Abstract

    According to the World Health Organization (WHO), each human being requires at least 20 liters of clean water for daily consumption and basic hygiene.2 However, many countries in Latin America, Africa, Asia and the Middle East lack sufficient water resources or have so far failed to develop these resources or the necessary infrastructure.

    Thousands have lived without love, not one without water,” so W. H. Auden finished his poem “First Things First." And right he was. Only oxygen is needed more urgently than water at most times. But a key difference that makes water a more immediate subject for theorists of justice is that, for now, oxygen is normally amply available where humans live. Historically, the same was true of water since humans would not settle in places without clean water. Nowadays, however, water treatment plants and delivery infrastructure have vastly extended the regions where humans can live permanently. Population increases have prompted people to settle in locations where access to clean water is precarious.

    Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality
    Federica D’Alessandra. 2014. “Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality.” Utrecht Journal of International and European Law. See full text.Abstract
    In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control.
     

    To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents) and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.

    Child Migration and Human Rights in a Global Age (Human Rights and Crimes against Humanity)
    Jacqueline Bhaba. 2016. Child Migration and Human Rights in a Global Age (Human Rights and Crimes against Humanity). Reprint Edition. Princeton University Press. See full text.Abstract
    Jacqueline Bhabha's book, Child Migration and Human Rights in a Global Age, offers the first comprehensive look at the global dilemma of child migration. 

     

    Why, despite massive public concern, is child trafficking on the rise? Why are unaccompanied migrant children living on the streets and routinely threatened with deportation to their countries of origin? Why do so many young refugees of war-ravaged and failed states end up warehoused in camps, victimized by the sex trade, or enlisted as child soldiers? This book provides the first comprehensive account of the widespread but neglected global phenomenon of child migration, exploring the complex challenges facing children and adolescents who move to join their families, those who are moved to be exploited, and those who move simply to survive. Spanning several continents and drawing on the stories of young migrants, Child Migration and Human Rights in a Global Age provides a comprehensive account of the widespread and growing but neglected global phenomenon of child migration and child trafficking. It looks at the often-insurmountable obstacles we place in the paths of adolescents fleeing war, exploitation, or destitution; the contradictory elements in our approach to international adoption; and the limited support we give to young people brutalized as child soldiers. Part history, part in-depth legal and political analysis, this powerful book challenges the prevailing wisdom that widespread protection failures are caused by our lack of awareness of the problems these children face, arguing instead that our societies have a deep-seated ambivalence to migrant children–one we need to address head-on. Child Migration and Human Rights in a Global Age offers a road map for doing just that, and makes a compelling and courageous case for an international ethics of children’s human rights.

    On Where We Differ: Sites Versus Grounds of Justice, and Some Other Reflections on Michael Blake’s Justice and Foreign Policy
    Mathias Risse. 2/29/2016. “On Where We Differ: Sites Versus Grounds of Justice, and Some Other Reflections on Michael Blake’s Justice and Foreign Policy.” Law and Philosophy, 35, 3, Pp. 251-270. See full text.Abstract

    Mathias Risse examines Michael Blake's Justice and Foreign Policy.

     

    Blake’s book conveys a straightforward directive: the foreign policy of liberal states should be guided and constrained by the goal of helping other states to become liberal democracies as well.

    This much is what we owe to people in other countries—this much but nothing more. The primary addressees are wealthier democracies, whose foreign policy ought to be guided by the idea of equality of all human beings. My approach in On Global Justice bears important similarities to Blake’s, but with those similarities also come equally important differences. The purpose of this piece is to bring out these similarities and differences and in the process articulate some objections to Blake.

    Classroom technologies narrow education gap in developing countries
    Steven Livingston. 8/23/2016. “Classroom technologies narrow education gap in developing countries.” Brookings. See full text.Abstract
    Classroom technologies narrow education gap in developing countries by Steven Livingston
     
     

    Well before the invention of laptops and the World Wide Web, the Massachusetts Institute of Technology mathematician, computer scientist, and education visionary Seymour Papertrealized that connected electronic devices could improve the educational experience of students, even for those who face poverty and geographical isolation. His recent death has a particular poignancy in Kenya where the extreme disparities in educational opportunities among different schools and students exacerbate already serious social and economic tensions. Several weeks ago, I traveled to Nairobi to gain some perspective on Papert’s vision.

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