The right to have rights : citizenship, humanity, and international law /

The right to have rights : citizenship, humanity, and international law /

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Bibliographic Details
Author / Creator:Kesby, Alison.
Imprint:Oxford ; New York, NY : Oxford University Press, 2012.
Description:xxii, 164 p. ; 24 cm.
Language:English
Subject:
International law.
Human rights.
Citizenship.
Citizenship.
Human rights.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/8743469
Hidden Bibliographic Details
ISBN:9780199600823 (cloth : alk. paper)
0199600821 (cloth : alk. paper)
Notes:Includes bibliographical references (p. [149]-159) and index.
Summary:"Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice"--Provided by publisher.
Table of Contents:
  • Table of Cases
  • Table of Treaties, Declarations, and Other Instruments
  • List of Abbreviations
  • Introduction
  • 1. Arendt and the right to have rights
  • 2. Structure of the book
  • 2.1. A 'place in the world'
  • 2.2. The subject of rights
  • 2.3. Chapter descriptions
  • 1. The Right to have Rights as a 'Place in the World'
  • 1. Nationality and emplacement: a 'place in the world' and the international legal order
  • 1.1. Entry as the national's return
  • 1.2. Questioning the national's place: not all nationals are 'in place'
  • 2. Humanity and emplacement: place and relationships
  • 2.1. The right to enter one's 'own country': a relational perspective
  • 2.2. Emplacement and the right to respect for family and private life
  • 2.3. Non-refoulement
  • 3. Non-nationals and exclusion: the 'non-place' of containment
  • 4. Conclusion
  • 2. The Right to have Rights as Nationality
  • 1. The formal or thin conception: the right to a nationality as a question of international public order
  • 1.1. Nationality and citizenship
  • 2. The human rights orientation: nationality as an instrument for the protection of rights
  • 2.1. The right to a nationality: curtailing state discretion in the regulation of nationality
  • 2.2. Nationality and the protection of human rights
  • 2.3. Diplomatic protection
  • 2.4. Nationality as eclipsing humanity?
  • 3. The democratic governance orientation: the right to a nationality as essential for democratic governance
  • 4. The substantive belonging orientation: the right to a nationality and substantive membership
  • 5. Conclusion
  • 3. The Right to have Rights as Citizenship
  • 1. The right to vote in international human rights instruments
  • 2. Citizenship and deviancy
  • 3. Looking beyond prisoner disenfranchisement: an Arendtian perspective?
  • 4. Citizenship, deviancy, and 'race'
  • 5. Citizenship, deviancy, and 'social exclusion'
  • 6. Conclusion
  • 4. The Right to have Rights as Humanity
  • 1. The individual as the subject of human rights
  • 2. The human transcends the citizen
  • 3. Internal borders: humanity imperilled?
  • 4. The undocumented migrant as the human: questioning internal borders
  • 5. The borders of international human rights law
  • 6. The border dividing national law and international human rights law: the human as the deportable alien
  • 7. Conclusion
  • 5. The Right to have Rights as the Politics of Human Rights
  • 1. Arendt: the problem of the paradox of human rights
  • 2. Rancière: the subject of rights as the subject of politics
  • 2.1. Lodging a dispute: asserting and verifying equality
  • 2.2. The assumption of equality
  • 2.3. The limitless and open spectrum of the subject of rights
  • 2.4. The contingency of the present order
  • 2.5. The agency of RancièreÆs politics v biopolitics
  • 3. The limits of Rancière's subject of rights
  • 4. Rancière and human rights law
  • 4.1. The limits of human rights law
  • 4.2. The emancipatory potential of human rights law
  • 4.3. The politics of practice
  • 5. Conclusion
  • Conclusion
  • 1. The right to have rights and the problem of naming
  • 2. Un-naming the placeholder: the right to have rights as a gesture of delegitimation
  • References
  • Index

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