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This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.

This book provides a general theory of democratic inclusion for the present world. It presents an original contribution to our understanding of the democratic ideal by explaining how democratic inclusion can apply to individuals in a variety of contexts: the workplace, social clubs, religious institutions, the family, and, of course, the state. The book explores the problem of democratic inclusion, what it means to be subject to de facto authority, how this conception translates into legal systems, and the relationship between territorial claims by the state, and law's claim to legitimate authority.The volume will be of interest to scholars and researchers of politics, especially political theory and democracy.

Today's unprecedented levels of human migration present urgent challenges to traditional conceptualizations of national identity, nation-state sovereignty, and democratic citizenship. Foreigners are commonly viewed as outsiders whose inclusion within or exclusion from “the people” of the democratic state rests upon whether they benefit or threaten the unity of the nation. Against this instrumentalization of the foreigner, this book traces the historical development of the concepts of sovereignty and foreignness through the thought of philosophers such as Plato, Locke, Hobbes, Rousseau, Derrida, and Benhabib in order to show that foreignness is a structural feature of sovereignty that cannot be purged or assimilated. Understood in this light, foreignness allows for new forms of democratic political unity to be imagined that reject local practices which deprive individuals of political membership solely on the basis of national citizenship. This cosmopolitan model for citizenship provides a novel conceptual framework that simultaneously upholds the legal importance of democratic citizenship for political justice while ceaselessly contesting the exclusionary logic of the nation-state that reserves democratic rights for members of the nation alone.

The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.