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"Altared states: Legal structuring and relationship recognition in the United States, Canada, and Australia."

In this article, we use comparative historical analysis to explain agenda-setting and the timing of policy outcomes on same-sex marriage in the United States, Canada, and Australia. Unlike the United States and Canada, Australia does not have a bill of rights, making litigation to obtain rights not enumerated in existing legislation unavailable to activists.

"A Public Sociology for Human Rights."

A public sociology that will tackle the public issues of today requires the transformation of sociology as we know it. This is the stirring message of this volume—at the heart of sociology must lie a concern for society as such, the protection of those social relations through which we recognize each other as humans. Thus, the chapters focus on those fundamental human rights that uphold human community, first and foremost, against the colonizing projects of states and markets.

Eunomia: New Order for a New World

The end of the Cold War has brought a new form of world disorder. The systems and strategies imposed by the global balance of power of the Cold War have evaporated. The international system is seeking a new equilibrium between global integration and global disintegration. Natural forces of economic and cultural integration are opposed by equal and opposite forces of national and cultural particularism, and by the conflicts flowing from gross inequalities and injustices of social and economic order.

"The Politics of International Law—Twenty Years Later"

The essay examines some of the changes in the author’s thinking about the politics of engaging in international law since the original publication of the article that opened the first issue of EJIL in 1990. The essay points to the change of focus from indeterminacy (to which the author is as committed as ever) of legal arguments to the structural biases of international institutions. It then discusses the politics of definition, that is to say, the strategic practice of defining international situations and problems in new expert languages so as to gain control over them.

"International Law and Hegemony: A Reconfiguration,"

Instead of appearing as a stable set of normative demands opposed to international politics, international law is better understood as an aspect of hegemonic contestation, a technique of articulating political claims in terms of legal rights and duties. The controversies in the law concerning the use of force, the law of peace, human rights, trade and globalization reflect strategies through which political actors seek to make their preferences appear to be universal ones.

Problems and Process: International Law and How We Use It

This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author’s highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.

"Human Rights and Root Causes,"

The human rights movement has traditionally focused on documenting abuses, rather than attempting to explain them. In recent years, however, the question of the ‘root causes’ of violations has emerged as a key issue in human rights work. The present article examines this new (or newly insistent) discourse of root causes. While valuable, it is shown to have significant limitations. It foreshortens the investigation of causes; it treats effects as though they were causes; and it identifies causes only to put them aside.

A New Deal for the World: America's Vision for Human Rights

Elizabeth Borgwardt describes how a cadre of World War II American planners inaugurated the ideas and institutions that underlie our modern international human rights regime. Borgwardt finds the key in the 1941 Atlantic Charter and its Anglo-American vision of "war and peace aims." In attempting to globalize what U.S. planners heralded as domestic New Deal ideas about security, the ideology of the Atlantic Charter--buttressed by FDR's "Four Freedoms" and the legacies of World War I--redefined human rights and America's vision for the world.

Humanitarian Reason: A Moral History of the Present

In the face of the world’s disorders, moral concerns have provided a powerful ground for developing international as well as local policies. Didier Fassin draws on case materials from France, South Africa, Venezuela, and Palestine to explore the meaning of humanitarianism in the contexts of immigration and asylum, disease and poverty, disaster and war. He traces and analyzes recent shifts in moral and political discourse and practices — what he terms “humanitarian reason”— and shows in vivid examples how humanitarianism is confronted by inequality and violence.