Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Political sociologist David Jacobson argues that transnational migrations have affected ideas of citizenship and the state since World War II. Examining illegal immigration in the United States and migrant and foreign populations in Western Europe, Jacobson shows how differing political cultures have shaped both domestic and international politics.

States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines – from literature to political science to philosophy – the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.

Examining illegal immigration in the United States and migrant and foreign populations in Western Europe, with a special focus on Germany and France, Jacobson shows how the differing political cultures of these countries—the ethnic basis of citizenship in Germany versus its political basis in the United States, for instance—have shaped both domesti

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

Collecting the diverse perspectives of scholars, labor organizers, and human-rights advocates, Accountability across Borders is the first edited collection that connects studies of immigrant integration in host countries to accounts of transnational migrant advocacy efforts, including case studies from the United States, Canada, and Mexico. Covering the role of federal, state, and local governments in both countries of origin and destinations, as well as nongovernmental organizations (NGOs), these essays range from reflections on labor solidarity among members of the United Food and Commercial Workers in Toronto to explorations of indigenous students from the Maya diaspora living in San Francisco. Case studies in Mexico also discuss the enforcement of the citizenship rights of Mexican American children and the struggle to affirm the human rights of Central American migrants in transit. As policies regarding immigration, citizenship, and enforcement are reaching a flashpoint in North America, this volume provides key insights into the new dynamics of migrant civil society as well as the scope and limitations of directives from governmental agencies.

In her innovative study of human rights discourse, Lena Khor takes up the prevailing concern by scholars who charge that the globalization of human rights discourse is becoming yet another form of cultural, legal, and political imperialism imposed from above by an international human rights regime based in the Global North. To counter these charges, she argues for a paradigmatic shift away from human rights as a hegemonic, immutable, and ill-defined entity toward one that recognizes human rights as a social construct comprised of language and of language use. She proposes a new theoretical framework based on a global discourse network of human rights, supporting her model with case studies that examine the words and actions of witnesses to genocide (Paul Rusesabagina) and humanitarian organizations (Doctors Without Borders). She also analyzes the language of texts such as Michael Ondaatje's Anil's Ghost. Khor's idea of a globally networked structure of human rights discourse enables actors (textual and human) who tap into or are linked into this rapidly globalizing system of networks to increase their power as speaking subjects and, in so doing, to influence the range of acceptable meanings and practices of human rights in the cultural sphere. Khor’s book is a unique and important contribution to the study of human rights in the humanities that revitalizes viable notions of agency and liberatory network power in fields that have been dominated by negative visions of human capacity and moral action.