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Right to Have Rights

Right to Have Rights Citizenship, Humanity, and International Law

Author: Alison Kesby
Publisher: Oxford University Press
ISBN: 9780199600823
Published In: January 2012
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Fresh new interpretation and in-depth examination of the concept of the 'right to have rights' in the context of the international protection of human rights
Examines contemporary issues such as statelessness, the right to a nationality and the disenfranchisement of convicted prisoners
Multi-disciplinary study, drawing on political theory, philosophy, and sociology
Sheds light on concepts and relationships central to the protection of human rights in public international law; synthesizes and evaluates different interpretations of the right to have rights

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.

Readership: Scholars and students of public international law and human rights law; Scholars and students of political theory, philosophy and citizenship studies; Legal practitioners with an interest in issues surrounding human rights, nationality and statelessness.

Introduction

1: The Right to Have Rights as a 'Place in the World'

2: The Right to Have Rights as Nationality

3: The Right to Have Rights as Citizenship

4: The Right to Have Rights as Humanity

5: The Right to Have Rights as the Politics of Human Rights

Conclusion;

Alison Kesby, Research Fellow, St John's College, Cambridge

Alison Kesby is a Research Fellow in public international law at St John's College, Cambridge.