The Universal Declaration of Human Rights at Seventy: Rejuvenate or Retire?*

This lecture marks the seventieth anniversary of the Universal Declaration of Human Rights (UDHR) with an analysis of the Declaration's contemporary relevance. It considers whether, in today's turbulent and fractured political environment in which human rights abuses remain widespread, the UDHR still has a role to play. A case is made that the UDHR was, in fact, written precisely for a moment like now. The lecture starts by considering the important legal impact of the UDHR, whilst acknowledging that the legal enforcement of human rights sometimes overshadows the emotions of care and empathy that lie at the heart of both the Declaration and the whole concept of human rights. It then emphasises the significant role the UDHR has played in giving individuals a voice to hold states accountable. Finally, it explores the UDHR's ethical and inspirational vision that helped to create a baseline of norms and standards aimed at promoting diversity, mutual respect and peace. For all these reasons, the UDHR most certainly needs to be rejuvenated rather than retired.     

Human Rights,Personal Responsibility,and Human Dignity: What Are Our Moral Duties to Promote the Universal Realization of Human Rights?

According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril.     

Educating a New Generation: The Model of the “Genocide and Human Rights University Program”

This paper examines the design and teaching of "Genocide and Human Rights," an innovative, higher education course introduced in 2002 to provide training for a new generation of scholars and teachers. The course was developed and funded by a small non-profit organization, the Zoryan Institute, in Toronto, Canada. One purpose of the course is to teach about the Armenian genocide within a comparative genocide and human rights framework. Another goal is to fill a gap in the curriculum in response to increased student interest and research in genocide and human rights. The course serves as a valuable pedagogical model including its comparative framework, teaching by invited specialists, adjusting the curriculum to reflect student interest and new scholarship, and setting up and maintaining formal and informal scholarly networks. Features of critical pedagogy include classroom dialogue and critique and respect for differences in background and opinion. For example, interactions between students of Turkish and Armenian background provide an opportunity to explore issues of stereotypes, memory, denial and reconciliation. The course provides training for a new generation in research, publications, teaching and advocacy in fields related to genocide and human rights.     

Intersectional dialogue – Analyzing power in reaching a Universal Declaration of Human Rights in 1948 on conflicting grounds

The concept of “intersectional dialogue” is developed in the article to analyze intersections of power in dialogue, specifically in analyzing the relations between the particular and the universal in the negotiations surrounding the Universal Declaration of Human Rights (UDHR). The drafting of the UDHR is reread to explore how power conflicts over values intersected when unique individuals met in dialogue characterized by conflicting consensuses rather than hegemonic Western domination. The concept of intersectional dialogue helps illustrate how people relate to different social affiliations, as power relations central to dialogue are not static but change with context, setting, and group dynamics.     

“The Empire Strikes Back”: The US Assault on the International Human Rights Regime

We argue that the post-9/11 environment has amounted to a substantive change in the longstanding United States relationship with the international human rights regime. We identify three distinct phases of that relationship, noting that in the most recent phase, since 9/11, the US has moved from passive support of the international human rights regime to a direct attack of that regime. Realist and liberal regime theories suggest that the human rights regime is relatively weak, and is unlikely to withstand such an attack. We find that the regime has not only continued to persist, but has flourished even as US support has faltered. The human rights regime is surprisingly strong. We argue it is the ideological nature of the regime that explains its resilience, which suggests that constructivist theory is necessary to fully understand the human rights regime.

(The) Erasure – Mass Human Rights Violation and Denial of Responsibility: The Case of Independent Slovenia

The case of the erased residents of Slovenia – when approximately 18,000 people who were mostly of Serbian, Croatian and Bosnian ethnicity, were erased from the permanent residence registry of the Republic of Slovenia – represents one of the most severe cases of administrative ethnic/racial discrimination and human rights violations in the post-communist East and Central Europe outside the conflict area. The erasure caused “civil death” of the people who were affected by the measure, depriving them of civil, political, social, and economic rights. In 2007, 4 years after the 2003 Constitutional Court decision, declaring the 1992 erasure an unconstitutional act of the state and requiring the legislator to adopt measures to reinstate the statuses of the erased people, the problem remains unsolved and unaddressed both systemically and individually, and the situation of erasure persists. This article presents the case and analyses of the framework that made the erasure possible in terms of the preparation of the majority of Slovenes to accept and even support the violations and politicians to renounce their political responsibility to those who have lost the right to have rights. This article is based on the insights of the research project Contemporary Citizenship: Politics of Inclusion and Exclusion (2000–2003) led by Vlasta Jalušič. The analysis of the case of erased was published in Jasminka Dedić, Vlasta Jalušič, and Jelka Zorn (eds.), The Erased: Organized Innocence and the Politics of Exclusion, translated from Slovenian by Olga Vuković and Marjana Karer (Ljubljana: Peace Institute, 2003), at . The authors wish to thank the anonymous reviewer for the extensive and most helpful comments.

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The West Divided? A Snapshot of Human Rights and Transatlantic Relations at the United Nations

Based mostly on extensive interviews with diplomats and human rights activists, this article questions the claim advanced by the German philosopher Jürgen Habermas that current transatlantic relations can be described in terms of a “Divided West.” We examine the scope and depth of shared understandings between key actors in the United States, Germany, and Canada with regard to the definition, monitoring, and implementation of international human rights and to the reform of human rights-related mechanisms within the broader context of current UN reforms. While we do find differences between US, German, and Canadian perspectives, we argue that the meaning attributed to these differences by diplomats and nongovernmental organizations does not justify the polarizing discourse of the Divided West. In addition, we argue that this discourse tends to obfuscate other important trends in the human rights world such as the growing assertiveness of non-Western powers.     

Human Rights, “Orientation,” and ASEAN

This article will first look at the recent promulgation by the Association of Southeast Asian Nations (ASEAN) of its ASEAN Human Rights Declaration (AHRD). This development follows on from ASEAN's official attempts since the development of the 2007 ASEAN Charter to promote a “people-oriented” ASEAN. This article explores the various criticisms that have arrived of the ASEAN Human Rights Declaration, and, in particular, considers the criticisms concerned with or relevant to sexual orientation and gender identity rights. Second, the article uses the context of the arrival of the AHRD and, indeed, the arrival of its auspicing institution, the ASEAN Intergovernmental Commission on Human Rights (AICHR), to ask broader and deeper questions about the cultural politics of making rights claims and the manner in which these claims may contribute to the development of a more democratic politics.     

Equality and Human Rights: Foundations of a Common Culture?

The creation of the new GB Commission for Equality and Human Rights invites fresh reflection on the relationship between human rights and equality. This article suggests that an account of equality that goes beyond the negative notion of anti-discrimination towards a more positive value-driven conception of equal participation offers the best chance of fruitful coalition with a human rights approach. It also argues that human rights themselves must be rescued from the perception that they are primarily about civil liberties and relevant only to matters of state security and criminal justice. It is proposed that recent developments in equality law and in the understanding of the implications of human rights principles for public service delivery provide the foundation for shared values and for a common culture that is truly democratic, deliberative and participatory. The new Commission to that extent enjoys an historic opportunity.     

The “Miracle” Revisited: The De-radicalization of Korean Political Culture

The radicalism that spawned the 1987 democratic revolution was a product of civic unity across class lines. Lacking the raw power of President Park, Presidents Chun and Roh had no choice but to seek a degree of democratic legitimacy. That same weakness was reflected in their relative surrender of Blue House power over Korean chaebols. Thus there were two winners in the political transformation of those years: minjung power (the Korean equivalent of Philippine “people power”) and corporatism, now largely freed from Parkian restraints. With the subsequent dissolution of minjung unity, however, corporatism emerged as the real winner of the “democratic” revolution. That victory was consummated by the neoliberal reforms mandated by the IMF in return for a mammoth bailout package after the Crash. There was little effective resistance to this IMFism, for the reform spirit of 1987 had perished long before.     

The Westminster Model and the “Indivisibility of the Political and Administrative Elite”: A Convenient Myth Whose Time Is Up?

This article argues that the principle of indivisibility in the relationship between political and administrative elites acted as a central convention of the Westminster system for much of the twentieth century. It explores how in more recent decades this principle has been challenged by the shift to a principal–agent approach. It considers the extent to which this shift diminishes the traditional Westminster model's understanding of the minister–civil servant relationship as one based on a symbiotic interdependent partnership. In its place has emerged a more universal command and control relationship that is seen as necessary to meet the demands of modern accountability and transparency. Such a change has fundamentally altered a long‐established power‐bargain between ministers and civil servants and undermined a core tenet of the Westminster model.     

International Soft Law, Human Rights and Non-state Actors: Towards the Accountability of Transnational Corporations?

During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could be a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful.

Economics and the Practice of Human Action： The Legacy of the Austrian School

Economics is the youngest of all sciences. Its task is to identify the secondary consequences, but it requires a perception of general consequences, including effects which are brought by an implemented or proposed economic policy not only to a certain special interests in short periods of time but also to a general interest for long periods, which somewhat contradicts the assumptions of many economic doctrines. Thus, the current state of economics or management science is difficult to be called autonomic. Economists ＂have opened＂ the domain previously reserved for ＂hard indicators＂ on the human aspects of the assessment of effectiveness. What is more, the discovery of regularity in the sequence and independence of market phenomena, in particular, a markdown role of the ＂invisible hand of the market＂ and ＂government interventionism＂ put into question the validity of the dogmas of traditional British or American schools, as a consequence of the operation of schools with the teaching of economics. This paper is the attempt to show the failure of the most popular scientific economical schools, including neoclassical ones in the area of human performance, comparing with Austrian School principles.     

The North–South Myth Revised: A Comparison of the Italian and German Migration Regimes

Since the beginning of the migration crisis in the 1990s, Italy and Germany have been considered to be the two showpieces of different migration control systems in Europe, where an ‘inefficient’ South is contrasted with an ‘effective’ North in terms of immigration control and humanitarian protection. Italy is often considered to have a lax immigration regime with weak border controls and few guarantees for asylum seekers and refugees, whereas Germany, in contrast, is shown as having an ideal asylum machinery with lower irregular immigration and no need for regularisation processes. This article challenges such a bipolar vision of the European immigration and shows that the ‘North–South axis’ dividing European control systems is not based on empirical evidence but on a myth which fails to take into account the logic of controls and the socio-economic contexts in which they are enforced.     

“A Forgotten Human Rights Crisis”: Statelessness and Issue (Non)Emergence

Despite international laws guaranteeing the right to a nationality, statelessness remains a pervasive global problem that has been termed a “forgotten human rights crisis.” The issue highlights an important question for scholars that has not yet received enough attention: Why do some issues make it onto the international agenda while others do not? This study examines the characteristics necessary for successful issue emergence, or the step in the process of mobilization when a preexisting grievance is transformed from a problem into an issue. Using qualitative data from interviews with 21 decision makers at leading human rights and humanitarian non-governmental organizations, the study highlights shortcomings in the existing literature and provides additional explanations for issue emergence (or non-emergence). Statelessness serves as a case study for better understanding this process, and the article ends with specific recommendations for addressing key obstacles to its full emergence within the international community.