Mark Gibney
Biographic Data
| ID | 245628 |
|---|---|
| NAME | Mark Gibney |
| GIVEN NAMES | Mark |
| FAMILY NAME | Gibney |
| SIGNATURE | GIBNEY M |
| AFFILIATIONS | University of North Carolina at Asheville |
| ORCID | 0000-0003-4160-0662 |
| VERIFIED | Yes |
| TOTAL WORKS | 38 |
| TOTAL CITATIONS | 47 |
| AUTHOR COUNT | 37 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Taking Human Rights Obligations (More) Seriously
When states become a party to an international human rights treaty, they obligate themselves to do everything in their power to prevent a substantive wrong (i.e., torture, genocide)—no matter where these wrongs take place. Unfortunately, most states have avoided this reading of international human rights law. Yet, recent interventions under the Genocide Convention brought before the International Court of Justice (South Africa v. Israel; Gambia v…
State Apologies and International Law
This article explores whether transnational state apologies—apologies from one state to another, but invariably apologies from “strong” states to “weak” ones—have any real meaning under international law. Without the force of law, states could continue to pursue the same or similar policies to those things for which they now apologize. One of the more remarkable aspects of transnational state apologies is the way in which they challenge the domin…
Introduction to a symposium on political apologies
World history has long confirmed Thucydides’ observation that “the strong do what they will and the weak suffer what they must.” Yet, starting more than a quarter century ago, the “strong” began to
Special Issue on Quantitative Human Rights Measures
Human Rights Violations and Violent Internal Conflict
This research project uses econometric methods and comparative, cross-national data to see whether violations of human rights increase the likelihood of the onset or escalation of violent protest, terrorism and/or civil war. The findings show that these types of violent internal conflict will occur and escalate if governments: (1) torture, politically imprison, kill, or "disappear" people, (2) do not allow women to participate fully in the politi…
Human Rights and State Jurisdiction
The Downing of MH17
The Sage Handbook of Human Rights
The State of Economic and Social Human Rights
This edited volume offers original scholarship on economic and social human rights from leading and new cutting-edge scholars in the fields of economics, law, political science, sociology and anthropology. It analyzes the core economic and social rights and the crucial topic of non-discrimination, and includes an innovative section on 'meta' rights. The main chapters answer important questions about economic and social rights performance around t…
Litigating Transnational Human Rights Obligations
1. Introduction: Transnational human rights obligations, Mark Gibney and Wouter Vandenhole Part 1: International Economic Governance Structures 2. U.S. Trade Santions (World Trade Organization, Panel, Claire Buggenhoudt 3. Biofuel and the Right to Food (World Trade Organization, Panel), Alexia Herwig 4. Land Grabbing and Gender Issues (International Finance Corporation and Compliance Advisor Ombudsman), Joss Saunders Part 2: Global (Human Rights)…
What a Pity! Sovereign Immunity, State Responsibility, and the Diminution of Accountability Under International Human Rights Law
Over the course of the past half century, some significant progress has been made in creating accountability mechanisms that have helped to serve human rights. Five are analyzed here: (1) the evolution of the European Court of Human Rights (ECHR), (2) Alien Tort Statute litigation, (3) universal jurisdiction, (4) the “terrorism” exception under US sovereign immunity law, and finally (5) the establishment of regional and international criminal tri…
Universal Duties
Human rights are (universally) declared to be universal, yet under the dominant interpretation the responsibility to protect these rights have been severely restricted by territorial considerations. In that way, while a state has human rights obligations within its own territory, these obligations either change or else disappear altogether when it is acting outside those borders. This article examines three recent challenges to the territorial ap…
The Problem with Teaching “Ethics”
It seems that everyone is in favor of teaching “ethics.”? However, too often ethics—or at least what passes itself off as such—is overly narrow in scope, self-serving, premised on empirical error, and subject to change simply based on location. Thus, the fear is that teaching ethics can itself be unethical
Global Refugee Crisis
This book documents the current global refugee crisis and examines the interrelated factors of immigration enforcement, international human rights law, political violence, and refugee protection. There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second…
Global Refugee Crisis
This book documents the current global refugee crisis and examines the interrelated factors of immigration enforcement, international human rights law, political violence, and refugee protection. There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second…
The Political Terror Scale (PTS)
Despite the frequency with which scholars have utilized the Political Terror Scale (PTS), a surprising number of questions remain regarding the origins of the scale, the coding scheme it employs, and its conceptualization of "state terror." This research note attempts to clarify these issues. We also take this opportunity to compare the PTS with the Cingranelli and Richards Human Rights Data Project (CIRI). Although the PTS and CIRI are coded fro…
Genocide and State Responsibility
In the Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro) (‘ Bosnia v Serbia ’), 1 the International Court of Justice (ICJ or Court) returned to the issue of extraterritorial state responsibility and it did so in two different, but related, contexts. The first concerned whether Serbia 2 could be held responsible under the Genocide Convention …
Rethinking Our Sorrow
Immigration and the Politics of American Sovereignty, 1890 to 1990
What does it mean to be an American? The United States defines itself by its legal freedoms; it cannot tell its citizens who to be. Nevertheless, where possible, it must separate citizen from alien. In so doing, it defines the desirable characteristics of its citizens in immigration policy, spelling out how many and, most importantly, what sorts of persons can enter the country with the option of becoming citizens. Over the past century, the U.S.…
All the News That's Fit to Print
The so-called CNN effect suggests that the American public has quick access to more information about world events than ever before.To test the prevalence of the effect, this study examines New York Times stories on fifty countries that human-rights researchers list among the top violators. Results show that although there is a moderate correlation between the magnitude of political terror and the number of human-rights stories from a given count…
Strangers to the Constitution
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny con-stitutional rights to aliens and immigrants - and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no …
Commentary
I have been asked to provide commentary on papers written and presented by Myron Weiner and Joseph Carens. I found both papers quite interesting and stimulating to read. My concern, however, is whether, in much different ways, both authors have overlooked some of the most important ethical issues raised by the human migration phenomena. I will begin with Myron Weiner s paper, but start with the conclusion. In his final section The Limits and Uses…
A Response to Carens and Weiner
Award Recipients
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
USA Refugee Policy
A Rejoinder from Professor MARK GIBNEY
USA Refugee Policy
A human rights analysis provides important information about the probability of persecution occurring and its likely severity. American policy is analyzed to determine the relationship during the past decade between the level of political terror in other countries and the refugee/asylum response of the United States. Contrary to many of the pronouncements from the Reagan administration, the vast majority of asylum seekers in the USA were from cou…
All the News That's Fit to Print
The so-called CNN effect suggests that the American public has quick access to more information about world events than ever before.To test the prevalence of the effect, this study examines New York Times stories on fifty countries that human-rights researchers list among the top violators. Results show that although there is a moderate correlation between the magnitude of political terror and the number of human-rights stories from a given count…
Human Rights Violations and Violent Internal Conflict
This research project uses econometric methods and comparative, cross-national data to see whether violations of human rights increase the likelihood of the onset or escalation of violent protest, terrorism and/or civil war. The findings show that these types of violent internal conflict will occur and escalate if governments: (1) torture, politically imprison, kill, or "disappear" people, (2) do not allow women to participate fully in the politi…
A "Well-Founded Fear" of Persecution
In its recent opinion in INS v. Cardoza-Fonseca,' the United States Supreme Court has apparently cleared up a troublesome area of immigration law and procedure, namely, the burden of proof that an alien claiming asylum has to meet. In this case the Court held that a of persecution meant exactly what it said: a well-founded fear of persecution. One reason for the previous confusion in this area is that an alien in the United States claiming persec…
Rethinking Our Sorrow
Special Issue on Quantitative Human Rights Measures
Universal Duties
Human rights are (universally) declared to be universal, yet under the dominant interpretation the responsibility to protect these rights have been severely restricted by territorial considerations. In that way, while a state has human rights obligations within its own territory, these obligations either change or else disappear altogether when it is acting outside those borders. This article examines three recent challenges to the territorial ap…
The Problem with Teaching “Ethics”
It seems that everyone is in favor of teaching “ethics.”? However, too often ethics—or at least what passes itself off as such—is overly narrow in scope, self-serving, premised on empirical error, and subject to change simply based on location. Thus, the fear is that teaching ethics can itself be unethical
Suing for Death, Suffering, and Peace
A "Well-Founded Fear" of Persecution
In its recent opinion in INS v. Cardoza-Fonseca,' the United States Supreme Court has apparently cleared up a troublesome area of immigration law and procedure, namely, the burden of proof that an alien claiming asylum has to meet. In this case the Court held that a of persecution meant exactly what it said: a well-founded fear of persecution. One reason for the previous confusion in this area is that an alien in the United States claiming persec…
Award Recipients
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
The New Asylum Seekers
Strangers or Friends
Refugees
Open Borders? Closed Societies? The Ethical and Political Issues
Part I: Immigration Citizenship and Freedom of Movement: An Open Admission Policy? by Frederick G. Whelan Nationalism and the Exclusion of Immigrants: Lessons from Australian Immigration Policy by Joseph H. Carens The Force of Moral Arguments for a Just Immigration Policy in a Hobbesian Universe: The Contemporary American Example by John A. Scanlan and O.T. Kent Part II: Refugee Admission The Ethics of Refugee Policy by Peter and Renata Singer Am…
Suing for Death, Suffering, and Peace
USA Refugee Policy
A human rights analysis provides important information about the probability of persecution occurring and its likely severity. American policy is analyzed to determine the relationship during the past decade between the level of political terror in other countries and the refugee/asylum response of the United States. Contrary to many of the pronouncements from the Reagan administration, the vast majority of asylum seekers in the USA were from cou…
Foreign Policy
The Berlin Wall is down; the Cold War is finally over. With the stunning victory by the United Nations forces in the Persian Gulf, President George Bush has proclaimed a “new world order.” Bush provides this description of the old world: “Until now, the world we've known has been a world divided—a world of barbed wire and concrete block, conflict and cold war
World Justice
The Law of Refugee Status
The Autobiography of Malcolm X
USA Refugee Policy
A Rejoinder from Professor MARK GIBNEY
USA Refugee Policy
Journal Article USA Refugee Policy: A Human Rights Analysis Update Get access Mark Gibney, Mark Gibney Professor of Political Science Purdue University Search for other works by this author on: Oxford Academic Google Scholar Vanessa Dalton, Vanessa Dalton Search for other works by this author on: Oxford Academic Google Scholar Marc Vockell Marc Vockell Search for other works by this author on: Oxford Academic Google Scholar Journal of Refugee Stu…
Award Recipients
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
Commentary
I have been asked to provide commentary on papers written and presented by Myron Weiner and Joseph Carens. I found both papers quite interesting and stimulating to read. My concern, however, is whether, in much different ways, both authors have overlooked some of the most important ethical issues raised by the human migration phenomena. I will begin with Myron Weiner s paper, but start with the conclusion. In his final section The Limits and Uses…
A Response to Carens and Weiner
Strangers to the Constitution
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny con-stitutional rights to aliens and immigrants - and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no …
All the News That's Fit to Print
The so-called CNN effect suggests that the American public has quick access to more information about world events than ever before.To test the prevalence of the effect, this study examines New York Times stories on fifty countries that human-rights researchers list among the top violators. Results show that although there is a moderate correlation between the magnitude of political terror and the number of human-rights stories from a given count…
Rethinking Our Sorrow
Immigration and the Politics of American Sovereignty, 1890 to 1990
What does it mean to be an American? The United States defines itself by its legal freedoms; it cannot tell its citizens who to be. Nevertheless, where possible, it must separate citizen from alien. In so doing, it defines the desirable characteristics of its citizens in immigration policy, spelling out how many and, most importantly, what sorts of persons can enter the country with the option of becoming citizens. Over the past century, the U.S.…
Genocide and State Responsibility
In the Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro) (‘ Bosnia v Serbia ’), 1 the International Court of Justice (ICJ or Court) returned to the issue of extraterritorial state responsibility and it did so in two different, but related, contexts. The first concerned whether Serbia 2 could be held responsible under the Genocide Convention …
Global Refugee Crisis
This book documents the current global refugee crisis and examines the interrelated factors of immigration enforcement, international human rights law, political violence, and refugee protection. There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second…
Global Refugee Crisis
This book documents the current global refugee crisis and examines the interrelated factors of immigration enforcement, international human rights law, political violence, and refugee protection. There are two disparate components to the global refugee crisis: first, there are about 46 million refugees and Internally Displaced Persons (IDPs), most of whom are struggling to survive in the poorest and most violent countries in the world, and second…
The Political Terror Scale (PTS)
Despite the frequency with which scholars have utilized the Political Terror Scale (PTS), a surprising number of questions remain regarding the origins of the scale, the coding scheme it employs, and its conceptualization of "state terror." This research note attempts to clarify these issues. We also take this opportunity to compare the PTS with the Cingranelli and Richards Human Rights Data Project (CIRI). Although the PTS and CIRI are coded fro…
Political science (33 works) · Law (27 works) · Sociology (23 works) · Law (22 works) · Human rights (16 works) · Criminology (13 works) · Politics (12 works) · Psychology (11 works) · Migration, Refugees, and Integration (9 works) · International Law and Human Rights (8 works)