Human rights, civil rights Books
Unisa Press Escape from Lubumbashi
Book SynopsisThis is the true story of Adolphine, a refugee from the Democratic Republic of the Congo (DRC) who was twenty-two when she had to flee her home in the war-ravaged DRC in 1996. She walked thousands of kilometres across Southern Africa to be reunited with her husband Sepano in Cape Town after two years of desperate searching. Her incredible journey to escape the ruinous rule of Mobutu Sese Seko was filled with many moments of terror and despair, with every country having its own share of xenophobia. She told the writer – the retired national tracing coordinator of the International Red Cross's Restoring of Family Links programme in South Africa – "I felt as if the earth had teeth, I felt its bite when I was fleeing through Africa…"Her story is a powerful intimate account of belonging and the anguish of displacement, of settling and being uprooted and how a deeply troubled household navigates this across time and space. Her story strongly highlights the vulnerability of women and children in times of war and unrest. Adolphine's experience is by no means unique. But the telling of it is important, as it puts a 'human face' on a 'humanitarian' disaster. Migration has been ongoing for centuries, but it can be said that it has in recent years become the theme of our time, even the next most critical international crisis after World War II. Adolphine affirms that it gave her relief "to voice out my life." "I am a child of the African land. Refugees are like nomads who wander from one place to another. Perhaps if people knew more about us, how we struggle to survive, there would be more understanding in the world.
£11.74
Liverpool University Press Human Rights and Social Care: Putting Rights into
Book SynopsisSam Smith explores the development of a human rights based approach to social care, thus she contributes to the development of a culture of awareness of human rights that challenges the perception of human rights law and practice being solely the preserve of lawyers. By approaching human rights in an accessible and informative manner, Sam Smith demystifies human rights in their social care context.Starting with a brief historical summary of the development of human rights from the UN Charter 1945 through to the development of the European Convention on Human Rights, Sam Smith explores the differing approaches to the development of Civil and Political Rights and Economic Social and Cultural Rights. Particular attention is given to the development of specific convention rights such as those embodied in the UN Convention on the Rights of Persons with Disabilities (CRPD), the UN Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), and the UN Convention on the Rights of the Child (CRC) and the implications that these convention rights have for social care policy and practice.The book is structured to explore particular areas of social care (client groups) and makes use of thought-provoking practical examples and case studies to illustrate how human rights theory can enhance social care in practice. While the focus of the book is on the development of Human Rights and Social Care in Scotland, a review of international policy developments is undertaken in each area, to provide scope for comparative analysis and the cross-jurisdiction applications of its key themes.Table of ContentsAcknowledgements. Glossary of Abbreviations. Introduction. 1: Towards Human Rights and Social Care; 2: The Rights of the Child (with Juliet Harris); 3: The Rights of Women; 4: The Rights of Disabled People; 5: The Rights of Older Persons; 6: Conclusion: The Way Forward. Appendix 1: European Convention on Human Rights. Appendix 2: UK Human Rights Commitments. References. Index.
£38.36
Edward Elgar Publishing Ltd Civil Religion, Human Rights and International
Book SynopsisThis ground breaking book discusses whether human rights can be forged into a common set of transcendent principles against which actions of every nation can be judged and whether such a common understanding, or civil religion, could one day become a vehicle for global peace. Eminent international scholars from political science, international relations, human rights and civil religion argue both sides of this debate. In the first section the theoretical issues relating to why human rights have come about and whether they should be fought for are discussed. Part two focuses on the reality of actions brought about by human rights ideas with illuminating case studies showing that human rights ideas and practice are generated from both the bottom up and top down by individual actors and institutions. The unique book will be of great interest to scholars in the field of history, human rights, international relations and political science in general.Table of ContentsContents: 1. Introduction Helle Porsdam PART I: THE THEORETICAL ISSUES 2. Human Rights: A Possible Civil Religion? Helle Porsdam 3. A Civil Religion of Human Rights? Paul W. Kahn 4. Patriotism and Cosmopolitanism Joel H. Rosenthal 5. Rights, Religion, Security: A Christian Realist Perspective Vibeke Schou Tjalve PART II: HUMAN RIGHTS IN PRACTICE 6. Faith and Empire: American Missionaries, Humanitarianism, and the Spread of Human Rights Andrew Preston 7. The United States and Global Human Rights Imagination of the 1940s Mark Philip Bradley 8. Human Rights and Dag Hammarskjöld Bruce Kuklick 9. Human Rights as Lived Experience: Kinship, Fictive Kinship, and Human Rights Among Trans-national Migrants Jay M. Winter 10. Hard Secularism as Intolerant Civil Religion: Denmark and the Cartoon Case Tøger Seidenfaden Bibliography Index
£95.00
Edward Elgar Publishing Ltd Human Rights: Old Problems, New Possibilities
Book SynopsisThe book sets out to interrogate and challenge many of the distinctions drawn in the human rights discourse; but it also highlights and critiques the different and incomplete ways in which legal philosophers and international lawyers see human rights. These issues are dealt with by some of the leading - and most readable - authors in the field.'- Christof Heyns, University of Pretoria, South Africa and UN Special Rapporteur on extrajudicial, summary or arbitrary executions'This volume will make a lasting contribution to how we address the dilemmas that human rights theory and practice encounter - for instance, between democracy and human rights, negative and positive rights, or individual and group rights. Philosophers have become indispensable to lawyers' arguments about why human rights matter, and how they must be interpreted: this book superbly illustrates why.'- Olivier De Schutter, University of Louvain, Belgium and United Nations Special Rapporteur on the right to foodReflecting on the various dichotomies through which human rights have traditionally been understood, this book takes account of recent developments in both theories of rights and in international human rights law to present new ways of thinking about some long-standing problems.Leading legal and political philosophers, social theorists and scholars of international law discuss traditional dilemmas and taxonomies in human rights theory, engaging with contemporary scholarship and current practice. The book examines various tensions, such as those between legal and moral rights, positive and negative rights, universal and particular rights, and group and individual rights.Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philosophy.Contributors: T. Campbell, P. Emerton, D. Ivison, D. Kinley, E. MacDonald, S. Marks, J. Mowbray, T. Pogge, W. Sadurski, J. Waldron, N. Walker, K. WaltonTrade Review‘The book sets out to interrogate and challenge many of the distinctions drawn in the human rights discourse; but it also highlights and critiques the different and incomplete ways in which legal philosophers and international lawyers see human rights. These issues are dealt with by some of the leading – and most readable – authors in the field.’ -- Christof Heyns, University of Pretoria, South Africa and UN Special Rapporteur on extrajudicial, summary or arbitrary executions‘This volume will make a lasting contribution to how we address the dilemmas that human rights theory and practice encounter – for instance, between democracy and human rights, negative and positive rights, or individual and group rights. Philosophers have become indispensable to lawyers' arguments about why human rights matter, and how they must be interpreted: this book superbly illustrates why.’ -- Olivier De Schutter, University of Louvain, Belgium and United Nations Special Rapporteur on the right to foodTable of ContentsContents: Preface David Kinley, Wojciech Sadurski and Kevin Walton 1. Human Rights: Moral or Legal? Tom Campbell 2. Human Rights as Moral Rights Kevin Walton 3. Are We Violating the Human Rights of the World’s Poor? Thomas Pogge 4. Human Rights and Political Agency: On Pogge’s Analysis of Human Rights Violations Today Duncan Ivison 5. Universalism and Particularism in Human Rights: Trade-off or Productive Tension? Neil Walker 6. The Particularism of Human Rights Discourse Patrick Emerton 7. Democracy and Human Rights: Good Companions Jeremy Waldron 8. Recasting the Relationship: Human Rights, Democracy and Constitutionalism as Material Topoi of Legitimacy Euan MacDonald 9. Autonomy, Identity and Self-knowledge: A New ‘Solution’ to the Liberal-Communitarian ‘Problem’? Jacqueline Mowbray 10. Four Human Rights Myths Susan Marks 11. Where Hope Meets Expectation between Human Rights Idealism and Pragmatism David Kinley Index
£105.00
Edward Elgar Publishing Ltd Poverty Alleviation and Environmental Law
Book Synopsis'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.'- Dennis Davis, Judge of the High Court, South Africa This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. SmithTrade ReviewThe complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation. - Anna Grear, University of Waikato, New Zealand The subject of poverty cannot be ignored by environmentalists as the poor are the most affected by the diverse impacts of environmental degradation and climate change such as on water, natural resources and cultural heritage sites. In addition, slum dwellings exacerbate the plight of the poor. The book is a collection of diverse topics by renowned environmental legal experts which deal with the relationship between the alleviation of poverty and the protection of the environment. Each writer addresses the challenges raised in various issues and recommends solutions which range from linking with human rights, the need for public participation, the role of environmental courts and other mechanisms. - --Koh Kheng-Lian, National University of SingaporeTable of ContentsContents: 1. Introduction PART I: LINKAGES BETWEEN HUMAN RIGHTS, THE ENVIRONMENT AND POVERTY 2. Using Law and Equity for the Poor and the Environment Dinah Shelton 3. The Right of Access to Water in South Africa Michael Kidd PART II: ENVIRONMENTAL DEGRADATION AND POVERTY: WHAT IS AT STAKE FOR ABORIGINAL PEOPLES? 4. Climate Change Impacts on the Poor – a Case-study of Australia’s Indigenous Population and the Impact of Australia’s Response on this Population Karen Bubna-Litic 5. The Quest for Environmental Justice on a Canadian Aboriginal Reserve Sidra Sabzwari and Dayna Nadine Scott 6. Whaling and Dealing: Aboriginal Subsistence Whaling, Politics and Poverty Ed Couzens PART III: THE NEED FOR PUBLIC PARTICIPATION IN ENVIRONMENTAL ISSUES TO COMBAT POVERTY 7. The Role of Public Engagement in Achieving Environmental Justice LeRoy C. (Lee) Paddock 8. The Right of Access to Information as a Tool for Environmental Protection and Poverty Eradication in Mexico Carla D. Aceves-Ávila PART IV: STATES’ APPROACHES TO ADDRESS ENVIRONMENTAL DEGRADATION AND POVERTY 9. Embedding Social Justice in the Design of Environmental Regulation Paul Martin 10. Planning and Environment in Mexico City’s Metropolitan Zone: Trying to Defeat Poverty Miriam Alfie Cohen and Oscar Flores Jáuregui PART V: THE ROLE OF ENVIRONMENTAL COURTS IN THE FIGHT AGAINST POVERTY AND ENVIRONMENTAL DEGRADATION 11. The ‘Greening’ of Justice: Will it Help the Poor? George W. (Rock) Pring and Catherine G. (Kitty) Pring 12. The Resolution of Urban Housing Development Disputes as a Mechanism for Poverty Alleviation: A Case Study of Kenya’s National Environment Tribunal Albert Mumma PART VI: GLOBAL CHALLENGES: INTERNATIONAL MECHANISMS TO ADDRESS POVERTY AND ENVIRONMENTAL DEGRADATION 13. Linking Climate Change Mitigation and Poverty Reduction: Continued Reform of the Clean Development Mechanism in the Post-Kyoto Era to Promote Sustainable Energy Development on the African Continent Daniel Behn 14. Poverty and the Loss of Cultural Heritage Sites Stefan Gruber 15. Chartering Sustainable Transnational Corporations Susan Lea Smith Index
£121.00
Edward Elgar Publishing Ltd Business and Human Rights
Book SynopsisThe human rights issues have long played an important role in the strategies of, and the roles played by, corporations around the world. This book focuses on these issues from both theoretical and practical perspectives. The authors examine the nature of and the limits of human rights responsibilities of business. They explore whether the protection of human rights should play a role in the regulation of international trade by bodies like the World Trade Organization and examine the effectiveness of voluntary standards in the clothing textiles trade, mining, advertising and the pharmaceutical industry. Long thought to be the exclusive jurisdiction of governments, the relationship between business and human rights has emerged in the last two decades as one of the most pressing issues in the field of business ethics. Do corporations have human rights responsibilities? If so, what is that nature of those responsibilities and do they differ in any significant way from those of governments? Is it reasonable or realistic to expect corporations to respect human rights in environments where governments, particularly in the developing and underdeveloped world, need economic development and have a limited capacity and/or interest in enforcing human rights standards and laws? Integrating theory and practice, the authors include discussion of the debates leading to the creation of the ISO 26000 standard and the United Nations human rights framework for business entities. They also explore the implications of the current debate for international trade agreements and trade with China. Scholars and students in management, philosophy, political science, and sociology will find this volume a great resource, as will activists, managers and policy makers.Contributors include: J. Bishop, T. Campbell, C. Coumans, W. Cragg, B. Hamm, A. Macleod, P. Potter, C. Sampford, A. Wellington, F. Wettstein, S. WoodTable of ContentsContents: Preface PART I: TOWARD A THEORY OF THE HUMAN RIGHTS RESPONSIBILITIES OF CORPORATIONS 1. Business and Human Rights: A Principle and Value-based Analysis Wesley Cragg 2. Corporate Social Responsibility: Beyond the Business Case to Human Rights Tom Campbell 3. The Limits of Corporate Human Rights Obligations and the Rights of For-profit Corporations John Douglas Bishop 4. Silence as Complicity: Elements of a Corporate Duty to Speak Out Against the Violation of Human Rights Florian Wettstein 5. The Case for Leverage-based Corporate Human Rights Responsibility Stepan Wood PART II: BUSINESS, HUMAN RIGHTS AND INTERNATIONAL TRADE 6. Human Rights and International Trade: Normative Underpinnings Alistair M. Macleod 7. Coordinating Corporate Governance and Corporate Social Responsibility Pitman B. Potter 8. Challenges to Secure Human Rights through Voluntary Standards in the Textile and Clothing Industry Brigitte Hamm 9. Mining, Human Rights and the Socially Responsible Investment Industry: Considering Community Opposition to Shareholder Resolutions and Implications of Collaboration Catherine Coumans 10. To Ban or Not to Ban: Direct-to-Consumer Advertising and Human Rights Analysis Alex Wellington PART III: POSTSCRIPT 11. Business and Human Rights: Reflections and Observations Charles Sampford Index
£126.00
Edward Elgar Publishing Ltd Human Rights and Refugee Law
Book SynopsisRefugee law is both conceived as a response to the absence of human rights, and is one of the most powerful means by which human rights are restored. This comprehensive collection of leading scholarship examines the strengths of, and challenges faced by, international refugee law over its nearly century-long existence. Following an original introduction by Professor Hathaway, Volume I addresses the questions of the political and ethical reasons that states have agreed to implement refugee protection in international law; the conceptual boundaries of refugee status; and the systems and structures by which refugee rights are implemented. Volume II takes up the nature of contemporary challenges to the refugee law regime, and examines leading proposals to revitalize and reform international refugee law in order to sustain its vitality in modern circumstances. This topical volume will be of great interest to researchers and scholars in both law and related fields, as well as to lawyers and other practitioners working on asylum and related human rights issues.Trade Review‘Professor James Hathaway’s inspiring intellectual leadership of refugee law continues with this outstanding collection of the finest scholarship available. The resources collected in these volumes will be invaluable to anyone seriously engaging with the subject. Professor Hathaway is to be commended for once again delivering an exceptional contribution to refugee law.’ -- Colin Harvey, Queens University Belfast, UKTable of ContentsContents: Volume I Acknowledgements Introduction James C. Hathaway PART I THE IMPERATIVE 1. Michael Ignatieff (1993), Extract from ‘The Last Refuge’ 2. Hannah Arendt (1966), Extract from ‘The Decline of the Nation-State and the End of the Rights of Man’ 3. Matthew J. Gibney (1999), ‘Liberal Democratic States and Responsibilities to Refugees’ PART II CONCEPTUAL BOUNDARIES 4. Matthew E. Price (2009), ‘Recovering Asylum’s Political Roots’ 5. David A. Martin (1991), ‘The Refugee Concept: On Definitions, Politics, and the Careful Use of a Scarce Resource’ 6. Penelope Mathew (2010) ‘Limiting Good Faith: “Bootstrapping” Asylum Seekers and Exclusion from Refugee Protection’ 7. Audrey Macklin (1995), ‘Refugee Women and the Imperative of Categories’ 8. Deborah E. Anker (2002), ‘Refugee Law, Gender, and the Human Rights Paradigm’ 9. Catherine Dauvergne and Jenni Millbank (2010), ‘Forced Marriage as a Harm in Domestic and International Law’ 10. Kristen Walker (2003), ‘New Uses of the Refugees Convention: Sexuality and Refugee Status’ 11. Karen Musalo (2004), ‘Claims for Protection Based on Religion or Belief’ 12. Jennifer Moore (2001), ‘Whither the Accountability Theory: Second-Class Status for Third-Party Refugees as a Threat to International Refugee Protection’ 13. Hugo Storey and Rebecca Wallace (2001), ‘War and Peace in Refugee Law Jurisprudence’ 14. Susan Akram (2001), ‘Reinterpreting Palestinian Refugee Rights Under International Law’ 15. Jane McAdam (2006), ‘Seeking Asylum Under the Convention on the Rights of the Child: A Case for Complementary Protection’ 16. Micah Bond Rankin (2005), ‘Extending the Limits or Narrowing the Scope? Deconstructing the OAU Refugee Definition Thirty Years On’ 17. T. Alexander Aleinikoff (1994), ‘From “Refugee Law” to the “Law of Coerced Migration”’ PART III SYSTEMS AND STRUCTURES 18. Louise W. Holborn (1938), ‘The Legal Status of Political Refugees, 1920–1938’ 19. Gil Loescher and James Milner (2011), ‘UNHCR and the Global Governance of Refugees’ 20. Marjoleine Zieck (1998), ‘UNHCR’s “Special Agreements”’ 21. Michael Kagan (2006), ‘The Beleaguered Gatekeeper: Protection Challenges Posed by UNHCR Refugee Status Determination’ 22. Jacqueline Bhabha (2002), ‘Internationalist Gatekeepers?: The Tension Between Asylum Advocacy and Human Rights’ 23. Sir Stephen Sedley (2002), ‘Asylum: Can the Judiciary Maintain its Independence?’ 24. Peter Showler (2006), ‘And Nothing but the Truth’ 25. Walter Kälin (1986), ‘Troubled Communication: Cross-Cultural Misunderstandings in the Asylum-Hearing’ 26. Hilary Evans Cameron (2010), ‘Refugee Status Determination and the Limits of Memory’ 27. Hélène Lambert (2009), ‘Transnational Judicial Dialogue, Harmonization and the Common European Asylum System’ Volume II Acknowledgements An Introduction by the editor appears in volume I PART I PROTECTION IN FLUX 1. Atle Grahl-Madsen (1966), ‘The European Tradition of Asylum and the Development of Refugee Law’ 2. Deborah Perluss and Joan F. Hartman (1985-1986), ‘Temporary Refugee: Emergence of a Customary Norm’ 3. Kay Hailbronner (1985-1986), ‘Non-Refoulement and “Humanitarian” Refugees: Customary International Law or Wishful Legal Thinking?’ 4. Guy S. Goodwin-Gill (1986), ‘Non-Refoulement and the New Asylum Seekers’ 5. Gervase Coles (1989), ‘Approaching the Refugee Problem Today’ 6. B.S. Chimni (2004), ‘From Resettlement to Involuntary Repatriation: Towards a Critical History of Durable Solutions to Refugee Problems’ 7. Andrew Shacknove (1993), ‘From Asylum to Containment’ 8. Bill Frelick (1995), ‘Safe Haven: Safe for Whom?’ 9. Mikhael Barutciski (1996), ‘The Reinforcement of Non-Admission Policies and the Subversion of UNHCR: Displacement and Internal Assistance in Bosnia-Herzegovina (1992–94)’ 10. Merrill Smith (2004), ‘Warehousing Refugees: A Denial of Rights, a Waste of Humanity’ 11. Barbara Harrell-Bond (1999), ‘The Experience of Refugees as Recipients of Aid’ 12. Ben Saul (2008), ‘Protecting Refugees in the Global “War on Terror”’ 13. Jens Vedsted-Hansen (1999), ‘Non-Admission Policies and the Right to Protection: Refugees’ Choice versus States’ Exclusion’ 14. Rosemary Byrne (2003), ‘Harmonization and Burden Redistribution in the Two Europes’ 15. Michelle Foster (2007), ‘Protection Elsewhere: The Legal Implications of Requiring Refugees to Seek Protection in Another State’ 16. Gregor Noll (2003), ‘Visions of the Exceptional: Legal and Theoretical Issues Raised by Transit Processing Centres and Protection Zones’ 17. Thomas Gammeltoft-Hansen (2010), ‘Growing Barriers: International Refugee Law’ PART II REVITALIZING AND REFORMING 18. Jack I. Garvey (1985), ‘Toward a Reformulation of International Refugee Law’ 19. James C. Hathaway and R. Alexander Neve (1997), ‘Making International Refugee Law Relevant Again: A Proposal for Collectivized and Solution-Oriented Protection’ 20. Jason Pobjoy (2010), ‘Treating Like Alike: The Principle of Non-Discrimination as a Tool to Mandate the Equal Treatment of Refugees and Beneficiaries of Complementary Protection’ 21. Alexander Betts (2010), ‘Survival Migration: A New Protection Framework’
£625.00
Liverpool University Press Does Torture Prevention Work?
Book SynopsisIn the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters – not treaties ratified or laws on the statute book.Trade ReviewReviews 'This book is important because it is the first evidence-based feedback on the many efforts of national and international actors in the field of torture prevention. The findings of the research can provide concrete and actionable material for those who work in the field of torture prevention, enabling them to focus on and invest in what works rather than only going along with a formatted response – which sadly is often the norm.Olivier Chow, International Review of the Red CrossTable of ContentsList of Tables viiList of Figures ixForward xiAcknowledgements xvContributors xix 1. Introduction Richard Carver and Lisa Handley 1 Overview and Findings 2. Studying Torture Prevention Richard Carver and Lisa Handley 113. Identifying What Preventative Mechanisms Work Richard Carver and Lisa Handley 45 Prevention Sustained 4. United Kingdom Richard Carver 1055. Chile Karinna Fernández Neira and Par Engstrom 143 Prevention Stalled 6. Hungary Borbála Ivány, András Kádár, and András Nemes 1837. Indonesia Budi Hernawan and Chris Sidoti 2318. Israel Irit Ballas 2739. Peru Nataly Herrera and Tom Pegram 29910. South Africa Gwénaëlle Dereymaeker and Lukas Muntingh 335 Prevention Expected 11. Georgia Bakar Jikia and Moris Shalikashvili 39512. Tunisia Fatma Raâch Regaya 41913. Turkey Kerem Altiparmak, Richard Carver and Lisa Handley 439 Prevention Denied 14. Ethiopia Yonas Mebrahtu and Sam Ponniah 47115. India Jinee Lokaneeta and Amar Jesani 50116. Kyrgyzstan Aida Baijumanova, Moritz Birk and Lira Ismailova 54917. The Philippines Ricardo Sunga III 591 Conclusion and Future Strategies 18. Conclusion Richard Carver and Lisa Handley 627 Bibliography 635 Index 651
£53.17
Edward Elgar Publishing Ltd International Human Rights Institutions and
Book SynopsisThis timely literature review analyses the most influential legal scholarship on the enforcement of human rights at institutional level, both regional and international. It includes discussion of charter-based and reporting monitoring procedures as well as the role of high commissioners and treaty bodies. The review later focuses on the movement towards establishing quasi-judicial procedures, the judicial enforcement of human rights and interim measures, concluding with a thoughtful consideration of the potential for universal judicial enforcement - a world court of human rights. This insightful study will be an essential research resource for those studying, working or teaching in this important field.Trade Review‘This collection, curated by eminent jurist Fausto Pocar, is destined to become an indispensable resource for a broad audience. Those newly exposed to the subject of human rights will find an elegant and comprehensive account of core elements of enforcement, as well as stimulating critiques of evolving measures of enforcement and implementation. Scholars and practitioners already steeped in the subject will treasure the collection's sophisticated assessments, authored by leading experts across multiple regions.’Table of ContentsContent: Acknowledgements Introduction Fausto Pocar 1. Thomas Buergenthal (2006), ‘The Evolving International Human Rights System’, American Journal of International Law, 100 (4), October, 783–807 2. Harold Hongju Koh (1999), ’How is International Human Rights Law Enforced?’, Indiana Law Journal, 74 (4), Fall, 1397–417 3. Douglas Donoho (2006), ‘Human Rights Enforcement in the Twenty-First Century’, Georgia Journal of International and Comparative Law, 35 (1), 1–52 4. Pammela Quinn Saunders (2012), ‘The Integrated Enforcement of Human Rights’, New York University Journal of International Law and Politics, 45 (1), Fall, 97–174 5. Andrew Drzemczewski (2001), ‘The Prevention of Human Rights Violations: Monitoring Mechanisms of the Council of Europe’, in Linos-Alexander Sicilianos and Christiane Bourloyannis-Vrailas (eds), The Prevention of Human Rights Violation: Contribution on the Occasion of the Twentieth Anniversary of the Marangopoulos Foundation for Human Rights (MFHR), Part II, Chapter 4, The Hague, the Netherlands: Kluwer Law International, 139–77 6. W. Michael Reisman (1995), ‘Practical Matters for Consideration in the Establishment of a Regional Human Rights Mechanism: Lessons from the Inter-American System’, Saint Louis-Warsaw Transatlantic Law Journal, 1995, 89–101 7. Andrea Durbach, Catherine Renshaw and Andrew Byrnes (2009), ‘A Tongue but No Teeth? The Emergence of a Regional Human Rights Mechanism in the Asia Pacific Region’, Sydney Law Review, 31 (2), June, 211–38 PART II THE UNITED NATIONS CHARTER BASED MONITORING PROCEDURES: FROM THE HUMAN RIGHTS COMMISSION TO THE HUMAN RIGHTS COUNCIL 8. Paul Gordon Lauren (2007), ‘”To Preserve and Build on its Achievements and to Redress its Shortcomings”: The Journey from the Commission on Human Rights to the Human Rights Council’, Human Rights Quarterly, 29 (2), May, 307–45 9. Françoise J. Hampson (2007), ‘An Overview of the Reform of the UN Human Rights Machinery’, Human Rights Law Review: Special Issue, 7 (1), 7–27 10. Gian Luca Burci (2005), ‘The United Nations Human Rights Council’, Italian Yearbook of International Law, 15 (1), 25–42 11. Gareth Sweeney and Yuri Saito (2009), ‘An NGO Assessment of the New Mechanism of the UN Human Rights Council’, Human Rights Law Review, 9 (2), 203–23 12. Rosa Freedman (2013), ‘The United Nations Human Rights Council: More of the Same?’, Wisconsin International Law Journal, 31 (2), 208–51 PART III THE ENFORCEMENT ROLE OF HIGH COMMISSIONERS FOR HUMAN RIGHTS 13. Harold Hongju Koh (2003–2004), ‘A Job Description for the U.N. High Commissioner for Human Rights’, Columbia Human Rights Law Review, Symposium on the United Nations High Commissioner for Human Rights: The First Ten Years of the Office, and the Next, 35 (3), Summer, 493–503 14. Lauri Sivonen (2012), ‘The Commissioner for Human Rights’, in Gauthier de Beco (ed.), Human Rights Monitoring Mechanisms of the Council of Europe, Chapter 1, Abingdon, UK: Routledge, 17–42 PART IV THE MONITORING ROLE OF THE UN HUMAN RIGHTS TREATIES BODIES THROUGH REPORTING PROCEDURES [389 pp] 15. Eckart Klein (1998), ‘The Reporting System under the International Covenant on Civil and Political Rights’, in The Monitoring System of Human Rights Treaty Obligations: Colloquium Potsdam 22./23. November 1996, Berlin, Germany: Berlin Verlag Arno Spitz GmbH, 17–29 16. Manfred Nowak (1980), ‘The Effectiveness of the International Covenant on Civil and Political Rights’, Human Rights Law Journal, 1 (1), 136–70 17. Ineke Boerefijn (1995), ‘Towards a Strong System of Supervision: The Human Rights Committee’s Role in Reforming the Reporting Procedure under Article 40 of the Covenant on Civil and Political Rights’, Human Rights Quarterly, 17 (4), November, 766–93 18. Torkel Opsahl (1989), ‘The General Comments of the Human Rights Committee’, in Jürgen Jekewitz, Karl Heinz Kein, Jörg Detlef Kühne, Hans Petersmann and Rüdiger Wolfrum (eds), Des Menschen Recht zwischen Freiheit und Verantwortung: Festschrift für Karl Josef Partsch zum 75. Geburtstag, Berlin, Germany: Duncker and Humblot, 273–86 19. Philip Alston (1979), ‘The United Nations’ Specialized Agencies and Implementation of the International Covenant on Economic, Social and Cultural Rights’, Columbia Journal of Transnational Law, 18 (1), 79–118 20. Christophe Golay, Claire Mahon and Ioana Cismas (2011), ‘The Impact of the UN Special Procedures on the Development and Implementation of Economic, Social and Cultural Rights’, International Journal of Human Rights: Special Issue, 15 (2), 299–318 21. Peter Burns and Obiora Okafor (1998), ‘The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or How it is Still Better to Light a Candle than to Curse the Darkness’, Otago Law Review, 9 (2), 399–432 22. Elina Steinerte (2013), ‘The Changing Nature of the Relationship between the United Nations Subcommittee on Prevention of Torture and National Preventive Mechanisms: In Search for Equilibrium’, Netherlands Quarterly of Human Rights, 31 (2), 132–58 23. Hanna Beate Schöpp-Schilling (2007), ‘Treaty Body Reform: The Case of the Committee on the Elimination of Discrimination against Women’, Human Rights Law Review: Special Issue, 7 (1), 201–24 24. William F. Felice (2002), ‘The UN Committee on the Elimination of All Forms of Racial Discrimination: Race, and Economic and Social Human Rights’, Human Rights Quarterly, 24 (1), February, 205–36 25. Jaap E. Doek (2003), ‘The UN Convention on the Rights of the Child: Some Observations on the Monitoring and the Social Context of its Implementation’, University of Florida Journal of Law and Public Policy, 14 (2), Spring, 125–36 26. Carla Edelenbos (2009), ‘Committee on Migrant Workers and Implementation of the ICRMW’, in Ryszard Cholewinski, Paul de Guchteneire and Antoine Pécoud (eds), Migration and Human Rights: The United Nations Convention on Migrant Workers’ Rights, Chapter 4, Cambridge, UK: Cambridge University Press and Paris, France: UNESCO, 100–21 27. Michael O’Flaherty and Claire O’Brien (2007), ‘Reform of the UN Human Rights Treaty Monitoring Bodies: A Critique of the Concept Paper on the High Commissioner’s Proposal for a Unified Standing Treaty Body’, Human Rights Law Review: Special Issue, 7 (1), 141–72 28. Joanne Pedone and Andrew R. Kloster (2012–2013), ‘New Proposals for Human Rights Treaty Body Reform’, Journal of Transnational Law and Policy, 22, 29–84 PART V THE MONITORING ROLE OF HUMAN RIGHTS TREATY BODIES WITHIN REGIONAL ORGANIZATIONS 29. Antonio Cassese (1989), ‘A New Approach to Human Rights: The European Convention for the Prevention of Torture’, American Journal of International Law, 83 (1), 128–53 30. Jim Murdoch (1994), ‘The Work of the Council of Europe’s Torture Committee’, European Journal of International Law, Symposium: The European Torture Committee after Five Years: An Assessment, 5 (2), 220–48 31. Yolanda Román González (2009), ‘The European Convention for the Prevention of Torture’, in Felipe Gómez Isa and Koen de Feyter (eds), International Human Rights Law in a Global Context, Part IV, Bilbao, Spain: University of Deusto, 745–73 32. Robert Dunbar (2012), ‘The Committee of Experts of the European Charter for Regional or Minority Languages (The CECL)’, in Gauthier de Beco (ed.), Human Rights Monitoring Mechanisms of the Council of Europe, Chapter 6, Abingdon, UK: Routledge, 150–70 Index Volume II Contents Acknowledgements Introduction An introduction to both volumes by the editor appears in Volume I PART I THE INCREASING MOVEMENT TOWARDS ESTABLISHING TREATY BODIES’ QUASI-JUDICIAL PROCEDURES 1. P.R. Ghandhi (1986), ‘The Human Rights Committee and the Right of Individual Communication’, British Year Book of International Law, 57 (1), 201–51 2. Markus G. Schmidt (1992), ‘Individual Human Rights Complaints Procedures Based on United Nations Treaties and the Need for Reform’, International and Comparative Law Quarterly, 41 (3), July, 645–59 3. Diane A. Desierto and Colin E. Gillespie (2013), ‘Evolutive Interpretation and Subsequent Practice: Interpretive Communities and Processes in the Optional Protocol to the ICESCR’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 73, 549–89 4. Suzanne Egan (2014), ‘The New Complaints Mechanism for the Convention on the Rights of the Child: A Mini Step forward for Children?’, International Journal of Children’s Rights, 22 (1), 205–25 5. Alexandra R. Harrington (2012), ‘Don’t Mind the Gap: The Rise of Individual Complaint Mechanisms within International Human Rights Treaties’, Duke Journal of Comparative and International Law, 22 (2), Winter, 153–82 6. Robin R. Churchill and Urfan Khaliq (2004), ‘The Collective Complaints System of the European Social Charter: An Effective Mechanism for Ensuring Compliance with Economic and Social Rights?’, European Journal of International Law, 15 (3), 417–56 7. Rachel Murray and Elizabeth Mottershaw (2014), ‘Mechanisms for the Implementation of Decisions of the African Commission on Human and Peoples’ Rights’, Human Rights Quarterly, 36 (2), May, 349–72 PART II THE JUDICIAL ENFORCEMENT OF HUMAN RIGHTS AT THE REGIONAL LEVEL A. Europe 8. Paul Mahoney (2003), ‘Separation of Powers in the Council of Europe: The Status of the European Court of Human Rights vis-à-vis the Authorities of the Council of Europe’, Human Rights Law Journal, 24 (5–8), 152–61 9. Luzius Wildhaber (2006), ‘The European Court of Human Rights: The Past, The Present, The Future’, American University International Law Review, 22 (4), 521–38 10. Tilmann Laubner (2004), ‘Relieving the Court of its Success? Protocol No. 14 to the European Convention of Human Rights’, German Yearbook of International Law, 47, 691–721 11. Christian Tomuschat (2009), ‘The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions’, in Rüdiger Wolfrum and Ulrike Deutsch (eds), The European Court of Human Rights Overwhelmed by Applications: Problems and Possible Solutions, Chapter 1, Berlin and Heidelberg, Germany: Springer-Verlag, 1–18 12. Markus Fyrnys (2011), ‘Expanding Competences by Judicial Lawmaking: The Pilot Judgment Procedure of the European Court of Human Rights’, German Law Journal, 12 (5), 1231–59 13. Michael O’Boyle (2011), ‘The Future of the European Court of Human Rights’, German Law Journal, 12 (10), 1862–77 14. Marjorie Beulay (2013), ‘The Action of Legal Persons in the European System of Human Rights Protection – Collective or Individual Interest?’, Law and Practice of International Courts and Tribunals, 12 (3), January, 321–41 B. Americas 15. Cecilia Medina (1990), ‘The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights: Reflections on a Joint Venture’, Human Rights Quarterly, 12 (4), November, 439–64 16. Felipe González (2009), ‘The Experience of the Inter-American Human Rights System’, Victoria University of Wellington Law Review, 40 (1), 103–25 17. Jan Schneider (2012), ‘Implementation of Judgments: Should Supervision Be Unlinked from the General Assembly of the Organization of American States?’, Inter-American and European Human Rights Journal, 5 (1–2), 197–215 [19] 18. Ariel Dulitzky (2011), ‘The Inter-American Human Rights System Fifty Years Later: Time for Changes’, Quebec Journal of International Law: Special Edition, September, 127–64 C. Africa 19. Laurence Burgorgue-Larsen (2012), ‘Interpreting the European Convention: What Can the African Human Rights System Learn from the Case Law of the European Court of Human Rights on the Interpretation of the European Convention?’, Inter-American and European Human Rights Journal, 5 (1–2), 90–123 20. Makau Mutua (1999), ‘The African Human Rights Court: A Two-Legged Stool?’, Human Rights Quarterly, 21 (2), May, 342–63 21. Nsongurua J. Udombana (2003), ‘An African Human Rights Court and an African Union Court: A Needful Duality or a Needless Duplication?’, Brooklyn Journal of International Law, 28 (3), 811–70 22. Carolyn Scanlon Martorana (2008), ‘The New African Union: Will it Promote Enforcement of the Decisions of the African Court of Human and Peoples’ Rights?’, George Washington International Law Review, 40 (2), 583–610 23. Lucyline Nkatha Murungi and Jacqui Gallinetti (2010), ‘The Role of Sub-Regional Courts in the African Human Rights System’, Sur – International Journal on Human Rights, 7 (13), December–January, 119–43 24. Karen J. Alter, Laurence R. Helfer and Jacqueline R. McAllister (2013), ‘A New International Human Rights Court for West Africa: The ECOWAS Community Court of Justice’, American Journal of International Law, 107 (4), October, 737–79 PART III INTERIM MEASURES AS A MEANS FOR ENFORCING HUMAN RIGHTS 25. Laurence Burgorgue-Larsen (2009), ‘Interim Measures in the European Convention System of Protection of Human Rights’, Inter-American and European Human Rights Journal, 2 (1), 99–118 26. Clara Burbano Herrera and Yves Haeck (2010), ‘Letting States off the Hook? The Paradox of the Legal Consequences Following State Non-Compliance with Provisional Measures in the Inter-American and European Human Rights Systems’, Netherlands Quarterly of Human Rights, 28 (3), September, 332–60 27. Helen Keller and Cedric Marti (2013), ‘Interim Relief Compared: Use of Interim Measures by the UN Human Rights Committee and the European Court of Human Rights’, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht, 73 , 325–72 PART IV A UNIVERSAL JUDICIAL ENFORCEMENT OF HUMAN RIGHTS? 28. Manfred Nowak (2007), ‘The Need for a World Court of Human Rights’, Human Rights Law Review, 7 (1), 251–9 29. Martin Scheinin (2009), ‘Towards a World Court of Human Rights’, Research Report within the Framework of the Swiss Initiative to Commemorate the 60th Anniversary of the Universal Declaration of Human Rights, June, 1–63 30. Philip Alston (2014), ‘Against a World Court for Human Rights’, Ethics and International Affairs, 28 (2), July, 197–212 Index
£692.00
Edward Elgar Publishing Ltd Poverty Alleviation and Environmental Law
Book Synopsis'The alleviation of poverty and the protection of the environment are both critical challenges for the vindication of basic human rights for all of humankind. This relationship is however not necessarily an easy one. While there is an inextricable link between poverty and the degradation of the environment, a sophisticated analysis of a problem needs to deal with those cases where the need to increase economic opportunity for poor communities may appear to conflict with fragile ecosystems or the preservation of traditional practices. This collection provides the most sustained engagement with these problems. Drawing on the expertise of a range of distinguished authors, this book presents the reader with an integrated global engagement with these problems. In doing so, it represents a landmark effort towards the creation of a coherent literature to deal with one of humankind's most pressing challenges.'- Dennis Davis, Judge of the High Court, South Africa This timely book explores the complex relationship between the alleviation of poverty and the protection of the environment. There is every reason to believe that these issues are in many ways interdependent. However this book demonstrates that there are situations where alleviation of poverty and the protection of the environment appear to be in a fraught relationship. The contributing authors illustrate that the role played by law in this relationship, whether at the international or national level, will vary depending on the situation and will be more successful at pursuing environmental justice in some cases than in others. This interdisciplinary study will appeal to academics and students in environmental law and other environmental disciplines, environmental policy makers and NGOs interested in issues of poverty, environment and indigenous peoples. Contributors: C.D. Aceves-Avila, D. Behn, K. Bubna-Litic, M.A. Cohen, E. Couzens, J.J. Gonzalez Marquez, S. Gruber, O.F. Jauregui, M. Kidd, Y. Le Bouthillier, P. Martin, A. Mumma, L.C. Paddock, C.G. Pring, G.W. Pring, S. Sabzwari, D.N. Scott, D. Shelton, S.L. SmithTrade ReviewThe complex, uneven and challenging relationships between poverty alleviation and environmental regulation are impossible to trace in a single book but this collection brings a carefully selected set of policy-relevant, context-responsive, practical legal analyses to bear in a fresh examination of the present and future challenges involved. This is a timely contribution in the search for regulatory responses that alleviate rather than exacerbate the myriad forms of adaptation apartheid now so painfully evident in the relationship between poverty, injustice and environmental degradation. - Anna Grear, University of Waikato, New Zealand The subject of poverty cannot be ignored by environmentalists as the poor are the most affected by the diverse impacts of environmental degradation and climate change such as on water, natural resources and cultural heritage sites. In addition, slum dwellings exacerbate the plight of the poor. The book is a collection of diverse topics by renowned environmental legal experts which deal with the relationship between the alleviation of poverty and the protection of the environment. Each writer addresses the challenges raised in various issues and recommends solutions which range from linking with human rights, the need for public participation, the role of environmental courts and other mechanisms. - --Koh Kheng-Lian, National University of SingaporeTable of ContentsContents: 1. Introduction PART I: LINKAGES BETWEEN HUMAN RIGHTS, THE ENVIRONMENT AND POVERTY 2. Using Law and Equity for the Poor and the Environment Dinah Shelton 3. The Right of Access to Water in South Africa Michael Kidd PART II: ENVIRONMENTAL DEGRADATION AND POVERTY: WHAT IS AT STAKE FOR ABORIGINAL PEOPLES? 4. Climate Change Impacts on the Poor – a Case-study of Australia’s Indigenous Population and the Impact of Australia’s Response on this Population Karen Bubna-Litic 5. The Quest for Environmental Justice on a Canadian Aboriginal Reserve Sidra Sabzwari and Dayna Nadine Scott 6. Whaling and Dealing: Aboriginal Subsistence Whaling, Politics and Poverty Ed Couzens PART III: THE NEED FOR PUBLIC PARTICIPATION IN ENVIRONMENTAL ISSUES TO COMBAT POVERTY 7. The Role of Public Engagement in Achieving Environmental Justice LeRoy C. (Lee) Paddock 8. The Right of Access to Information as a Tool for Environmental Protection and Poverty Eradication in Mexico Carla D. Aceves-Ávila PART IV: STATES’ APPROACHES TO ADDRESS ENVIRONMENTAL DEGRADATION AND POVERTY 9. Embedding Social Justice in the Design of Environmental Regulation Paul Martin 10. Planning and Environment in Mexico City’s Metropolitan Zone: Trying to Defeat Poverty Miriam Alfie Cohen and Oscar Flores Jáuregui PART V: THE ROLE OF ENVIRONMENTAL COURTS IN THE FIGHT AGAINST POVERTY AND ENVIRONMENTAL DEGRADATION 11. The ‘Greening’ of Justice: Will it Help the Poor? George W. (Rock) Pring and Catherine G. (Kitty) Pring 12. The Resolution of Urban Housing Development Disputes as a Mechanism for Poverty Alleviation: A Case Study of Kenya’s National Environment Tribunal Albert Mumma PART VI: GLOBAL CHALLENGES: INTERNATIONAL MECHANISMS TO ADDRESS POVERTY AND ENVIRONMENTAL DEGRADATION 13. Linking Climate Change Mitigation and Poverty Reduction: Continued Reform of the Clean Development Mechanism in the Post-Kyoto Era to Promote Sustainable Energy Development on the African Continent Daniel Behn 14. Poverty and the Loss of Cultural Heritage Sites Stefan Gruber 15. Chartering Sustainable Transnational Corporations Susan Lea Smith Index
£40.95
Edward Elgar Publishing Ltd Intellectual Property and Human Rights
Book SynopsisThere is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives.Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.Trade Review‘The complex relationship between human rights and intellectual property is maturing. This collection of articles published testifies to the blossoming of this relationship. It brings together some of the leading contributions in this area and deserves a place in the library of all those that take an interest in intellectual property and human rights.’ -- Paul Torremans, University of Nottingham, UK‘Helfer’s book will constitute a valuable asset in any IP or human rights library.’– Klaus D. Beiter, International Review of Intellectual Property and Competition LawTable of ContentsContents: Acknowledgements Introduction Laurence R. Helfer PART I REDISCOVERING THE HISTORICAL UNDERSTANDING OF CREATORS’ RIGHTS IN INTERNATIONAL INSTRUMENTS 1. Peter K. Yu (2007), ‘Reconceptualizing Intellectual Property Interests in a Human Rights Framework’ PART II CLARIFYING AMBIGUOUS OR UNDERDEVELOPED LEGAL NORMS 2. Laurence R. Helfer (2007), ‘Toward a Human Rights Framework for Intellectual Property’ 3. Audrey R. Chapman (2009), ‘Towards an Understanding of the Right to Enjoy the Benefits of Scientific Progress and its Applications’ 4. Margaret Chon (2007), ‘Intellectual Property “From Below”: Copyright and Capability for Education’ 5. Graeme W. Austin and Amy G. Zavidow (2008), ‘Copyright Law Reform Through a Human Rights Lens’ 6. Hans Morten Haugen (2008), ‘Human Rights and TRIPS Exclusion and Exception Provisions’ 7. Christophe Geiger (2006), ‘“Constitutionalising” Intellectual Property Law? The Influence of Fundamental Rights on Intellectual Property in the European Union’ PART III ADVOCATING THE RECOGNITION OF NEW LEGAL NORMS 8. Rosemary J. Coombe (1998), ‘Intellectual Property, Human Rights and Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity’ 9. Alicia Ely Yamin (2003), ‘Not Just A Tragedy: Access to Medications as a Right Under International Law’ 10. Molly Beutz Land (2009), ‘Protecting Rights Online’ 11. Henning Grosse Ruse-Khan (2009), ‘Time for a Paradigm Shift? Exploring Maximum Standards in International Intellectual Property Protection’ PART IV INSTITUTIONAL AND STRATEGIC ISSUES 12. Laurence R. Helfer (2004), ‘Regime Shifting: The TRIPS Agreement and New Dynamics of International Intellectual Property Lawmaking’ 13. Peter K. Yu (2012), ‘Intellectual Property and Human Rights in the Nonmultilateral Era’ 14. Lisa Forman (2008), ‘“Rights” and Wrongs: What Utility for the Right to Health in Reforming Trade Rules on Medicines?’ PART V CRITICAL OR CAUTIONARY PERSPECTIVES 15. Rochelle Cooper Dreyfuss (2010), ‘Patents and Human Rights: Where is the Paradox?’ 16. Laurence R. Helfer (2008), ‘The New Innovation Frontier? Intellectual Property and the European Court of Human Rights’ 17. Thomas W. Pogge (2005), ‘Human Rights and Global Health: A Research Program’
£373.00
Edward Elgar Publishing Ltd Framing the Net: The Internet and Human Rights
Book SynopsisRikke Frank Jørgensen has given us a thoughtful and competent contribution to a debate of increasing global importance. Her theoretical analysis and practical case-study stimulate critical reflection on how we should connect the primary moral domain of our time - human rights - with the primary infrastructure for global communication, the Internet. This book is a must read for all who engage with the search for meaningful and practical normative directions for communications in the 21st century.'- Cees J. Hamelink, University of Amsterdam, The Netherlands'Understanding the Internet is key to protecting human rights in the future. In Framing the Net, Rikke Frank Jørgensen shows how this can be done. Deconstructing four key metaphors - the Internet as infrastructure, public sphere, medium and culture - she shows where the challenges to human rights protection online lie and how to confront them. Importantly, she develops clear policy proposals for national and international Internet policy-makers, all based on human rights. Her book is essential reading for anyone interested in the future of human rights on the Internet: and that should be everyone.'- Wolfgang Benedek, University of Graz, Austria'Jørgensen's examination of whether Internet governance can be better aligned with the rights and freedoms enshrined in human rights law and standards of compliance should be read by everyone in the academic, policy and legal practitioner communities. From women s use of ICTs in Uganda to Wikipedia in Germany, information society developments make it imperative that scholars and practitioners understand why it matters how the issues are framed. This book successfully analyses a decade or more of debate in this field in an engaging and very illuminating way.'- Robin Mansell, London School of Economics and Political Science, UKThis important book examines how human rights are being applied in the digital era. The focus on 'internet freedoms' and 'internet rights' has risen considerably in recent years, and in July 2012 the first resolution on the promotion, protection and enjoyment of human rights on the internet was adopted by the U.N. Human Rights Council.This timely book suggests four framings to examine human rights challenges in an internet era: the Internet as Infrastructure, the Internet as Public Sphere, the Internet as Medium and the Internet as Culture. These propositions, and the questions that arise from them, are considered in the broad context of the way human rights are translated and applied in the information society, both in academic research and the international community s policy discourse. The author points to the role of private actors vis-à-vis human rights as one of the most crucial and cross-cutting themes that needs to be addressed in order to advance human rights protection on the internet.Combining research themes that are often dealt with separately, this book will appeal to civil society organizations, journalists, and policy makers in the field of internet and communication policy making. The book's overview of internet-related academic discourse combined with human rights-based policy analysis will be useful for scholars, students, and practitioners working within these fields.Contents: Preface Introduction Part I: Human Rights in the Internet Era 1. Theorizing the Internet Era 2. Revisiting Public and Private 3. Human Rights Part II: Framing the Net 4. The Internet as Infrastructure 5. The Internet as Public Sphere 6. The Internet as a Medium 7. The Internet as Culture Part III: ICT and Social Change 8. ICT as a Tool for Empowerment in Uganda 9. Wikipedia as a Platform for Community Life and Collaboration 10. Conclusion Appendices Bibliography IndexTrade Review‘Rikke Frank Jørgensen has given us a thoughtful and competent contribution to a debate of increasing global importance. Her theoretical analysis and practical case-study stimulate critical reflection on how we should connect the primary moral domain of our time – human rights – with the primary infrastructure for global communication, the Internet. This book is a must read for all who engage with the search for meaningful and practical normative directions for communications in the 21st century.’ -- Cees J. Hamelink, University of Amsterdam, the Netherlands‘Understanding the Internet is key to protecting human rights in the future. In Framing the Net, Rikke Frank Jørgensen shows how this can be done. Deconstructing four key metaphors – the Internet as infrastructure, public sphere, medium and culture – she shows where the challenges to human rights protection online lie and how to confront them. Importantly, she develops clear policy proposals for national and international Internet policy-makers, all based on human rights. Her book is essential reading for anyone interested in the future of human rights on the Internet: and that should be everyone.’ -- Wolfgang Benedek, University of Graz, Austria‘Jørgensen’s examination of whether Internet governance can be better aligned with the rights and freedoms enshrined in human rights law and standards of compliance should be read by everyone in the academic, policy and legal practitioner communities. From women’s use of ICTs in Uganda to Wikipedia in Germany, information society developments make it imperative that scholars and practitioners understand why it matters how the issues are framed. This book successfully analyses a decade or more of debate in this field in an engaging and very illuminating way.’ -- Robin Mansell, London School of Economics and Political Science, UKTable of ContentsContents: Preface Introduction Part I: Human Rights in the Internet Era 1. Theorizing the Internet Era 2. Revisiting Public and Private 3. Human Rights Part II: Framing the Net 4. The Internet as Infrastructure 5. The Internet as Public Sphere 6. The Internet as a Medium 7. The Internet as Culture Part III: ICT and Social Change 8. ICT as a Tool for Empowerment in Uganda 9. Wikipedia as a Platform for Community Life and Collaboration 10. Conclusion Appendices Bibliography Index
£102.00
Edward Elgar Publishing Ltd Research Handbook on Human Rights and the
Book SynopsisProfessors Grear and Kotzé have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.'- Benjamin J. Richardson, University of Tasmania, Australia'As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.'- Philippe Sands, University College London, UKBringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotzé, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Thériault, F. VenterTrade Review‘Professors Grear and Kotzé have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.’ -- Benjamin J. Richardson, University of Tasmania, Australia‘As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.’ -- Philippe Sands, University College London, UKTable of ContentsContents: 1. An Invitation to Epistemic Travellers – Towards Future Worlds in Waiting: Human Rights and the Environment in the Twenty-first Century Anna Grear and Louis J. Kotzé PART I EPISTEMOLOGIES 2. Epistemologies of Mastery Sam Adelman 3. Epistemologies of Doubt Andreas Philippopoulos-Mihalopoulos 4. Ecological Subjectivities, Responsibilities, and Agency Lorraine Code PRAT II CORE VALUES AND CLOSURES 5. Environmental Human Rights: A Constructive Critique Peter D. Burdon 6. The Closures of Legal Subjectivity: Why Examining ‘Law’s Person’ is Critical to an Understanding of Injustice in an Age of Climate Crisis Anna Grear 7. Property Rights, Environmental Justice and Worldly Order – Lessons from Natural Law Sean Coyle 8. Re-imagining the Role of the Sovereign State and Individual Rights in Mitigating the Effects of the Deterioration of the Environment Francois Venter PART III CONSTITUTIONALISMS AND INTERNATIONALISMS 9. Human Rights and the Environment through an Environmental Constitutionalism Lens Louis J. Kotzé 10. Constitutions, Human Rights and the Environment: National Approaches David R. Boyd 11. Sustainability, Environmental Citizenship Rights and the Ongoing Challenges of Reshaping Supranational Environmental Governance Karen Morrow 12. The United Nations, Human Rights and the Environment Lynda Collins PART IV REGIONALISMS Regionalisms 1: Troubled Conversations? 13. In One Ear and Out the Other: Human Rights Consultations and Environmental Discourses for Human Rights in Australasia Brad Jessup and Annette Jones 14. Reflecting on Cosmology and Environmental Protection: Maori Cultural Rights in Aotearoa New Zealand Catherine J. Iorns Magallanes 15. Environmental Justice and the Inter-American Court of Human Rights Sophie Thériault Regionalisms 2: Participations? 16. Aligning International Environmental Governance with the ‘Aarhus Principles’ and Participatory Human Rights Ulrich Beyerlin 17. The Interaction Between Human Rights and the Environment in the European ‘Aarhus Space’ Ellen Hey Regionalisms 3: Receptivities? 18. International Courts and Environmental Human Rights: Re-Imagining Adjudicative Paradigms Evadne Grant 19. Human Rights and the Environment in the African Union Context Werner Scholtz PART V THE FUTURE WE WANT? 20. Protecting the Human Rights of Climate Displaced Persons: The Promise and Limits of the United Nations Framework Convention on Climate Change Rosemary Lyster 21. Human Rights, Environmental Justice, and the North-South Divide Carmen G. Gonzalez 22. Selectivity in Law-Making: Regulating Extraterritorial Environmental Harm and Human Rights Violations by Transnational Extractive Corporations Penelope Simons 23. Ecosystem Services, Fear and the Subjects of Environmental Human Rights Afshin Akhtar Khavari 24. Environmental and Human Rights in Ethical Context Klaus Bosselmann Index
£195.00
Edward Elgar Publishing Ltd Dictionary of International Human Rights Law
Book SynopsisThis one-of-a-kind dictionary provides a comprehensive breakdown of terms employed in the discussion of international human rights law. In addition to a list of definitions, this innovative volume also includes an appendix featuring descriptions of major treaties, documents, and other important human rights instruments, along with references on how to locate them.Students and professors of international, human rights and humanitarian law will find this volume an indispensable resource, as will government officials and other practitioners working with human rights issues.Contents: Acknowledgements Guide to the Dictionary List of Abbreviations Definitions AppendixTrade Review’Constance de la Vega's Dictionary of International Human Rights is a marvellous new human rights resource. It provides concise definitions and explanations of key human rights phrases, including specific recognised and emerging rights, relevant concepts, institutions and instruments. Human rights law has not grown in a vacuum, so some related concepts, such as from international criminal law and the law of armed conflict, are wisely included. This book will be an important addition to the libraries of human rights scholars, practitioners and advocates throughout the world.’ -- Sarah Joseph, Monash University, Australia’A powerful technical dictionary suitable for any student of international law and social issues.’ -- The Midwest Book Review’This book will be useful to students and general readers who have questions about human rights.’ -- - K.C. Fraser, Social SciencesTable of ContentsContents: Acknowledgements Guide to the Dictionary List of Abbreviations Definitions Appendix
£31.95
Edward Elgar Publishing Ltd Trafficking and Human Rights: European and
Book SynopsisHuman trafficking is widely considered to be the fastest growing branch of trafficking. As this important book reveals, it has moved rapidly up the agenda of states and international organisations since the early-1990s, not only because of this growth, but also as its implications for security and human rights have become clearer. This fascinating study by international experts provides original research findings on human trafficking, with particular reference to Europe, South-East Asia and Australia. A major focus is on why and how many states and organisations act in ways that undermine trafficked victims' rights, as part of 'quadruple victimisation'. It compares and contrasts policies and suggests which seem to work best and why. The contributors also advocate radical new approaches that most states and other formal organisations appear loath to introduce, for reasons that are explored in this unique book. This must-read book will appeal to policymakers as well as advanced undergraduate and postgraduate students in the fields of criminology, human rights law, gender studies, political science and international studies.Contributors: J. Debeljak, L. Holmes, S. Kneebone, Z. Lasocik, K. Leong, S. Milivojevic, S. Schwandner-Sievers, M. Segrave, O. Simic, S. YeaTrade ReviewTrafficking and Human Rights makes an important contribution to the ongoing debate about key issues in the global and national response to trafficking in persons.' --Benjamin Perrin, Asian Criminology'This well researched volume not only makes valuable contributions to the literature on human trafficking, but also clearly states its own limitations, such as a heavy emphasis on the trafficking of women and limited geographical coverage. Nevertheless, it deserves to be widely read among academics, scholars, students and policy makers interested in issues of human security, international studies, criminology and gender studies. I look forward to the publication of future work by Holmes and the other brilliant contributors to this volume.' --South East Asia ResearchTable of ContentsContents: Preface 1. Introduction: The Issue of Human Trafficking Leslie Holmes 2. Human Trafficking: A Challenge for the European Union and its Member States (with particular reference to Poland) Zbigniew Lasocik 3. Responses to Sex Trafficking: Gender, Borders and ‘Home’ Sanja Milivojevic and Marie Segrave 4. People Smuggling and Human Trafficking Within, from and through Central and Eastern Europe Leslie Holmes 5. ‘Boys will be Boys’: Human Trafficking and UN Peacekeeping in Bosnia and Kosovo Olivera Simić 6. Between Social Opprobrium and Repeat Trafficking: Chances and Choices of Albanian Women Deported from the UK Stephanie Schwandner-Sievers 7. Trafficking in Human Beings for Sexual Purposes: Sweden’s Anti-trafficking Regime and the Lessons for Australia Kevin Leong 8. Combating Transnational Crime in the Greater Mekong Subregion: The Cases of Laos and Cambodia Susan Kneebone and Julie Debeljak 9. Exit, Rehabilitation and Returning to Prostitution: Experiences of Domestic Trafficking Victims in the Philippines Sallie Yea 10. Conclusions: Quadruple Victimisation? Leslie Holmes Bibliography Index
£28.95
Edward Elgar Publishing Ltd Intellectual Property, Entrepreneurship and
Book SynopsisIn the Information Age, historically marginalized groups and developing nations continue to strive for socio-economic empowerment within the global community. Their ultimate success largely depends upon their ability to develop, protect, and exploit their greatest natural resource: intellectual property.Through an exploration of the techniques used in social entrepreneurship, Intellectual Property, Entrepreneurship and Social Justice provides a framework by which historically marginalized communities and developing nations can cooperate with the developed world to establish a socially cohesive global intellectual property order. The knowledgeable contributors discuss, in four parts, topics surrounding entrepreneurship and empowerment, education and advocacy, engagement and activism and, finally, commencement.Experts in the field, scholars, law professors and students of intellectual property, human rights and international trade and development will find this book to be both thought-provoking and a valuable resource.Contributors: D.M. Conway, S. Ghosh, L.J. Gibbons, M. Gollin, R.S. Heimes, P. Lyfoung, A. McGeehan, C. McNulty, L. Mtima, L.E. Mulraine, J.R. Whitman, V. Rawlston Wilson, P.K. YuTrade Review'Professor Lateef Mtima and his stellar list of contributors are onto something genuinely new in this important volume; the idea that the 'public interest' goals of the IP system extend beyond encouraging innovation, to take in a wide range of other social justice interests: promoting economic participation by excluded groups, helping to assure distributional fairness, and enabling significant gestures of cultural preservation. The range of specific topics covered is impressive, and their presentation is at once rigorous and accessible to non-specialist readers. This transformational collection is an essential item for any contemporary IP bookshelf.' --Peter Jaszi, American University Law School, US-While many have articulated needs of particular communities which they argue intellectual property should be shaped to serve, few have attempted to flesh out a theory under which intellectual property doctrine should be built from the ground up to promote social justice. Lateef Mtima, a pioneer in that endeavor, has now edited a collection of essays that provides crucial additional perspectives - perspectives that appropriately focus on empowerment and entrepreneurship. These essays are essential reading for everyone who has ever wondered whether and how intellectual property should respond to an unequal world.' --Robert Brauneis, The George Washington University, USTable of ContentsContents: Prologue: A Social Activist’s Guide to Intellectual Property Lateef Mtima 1. An Introduction to Intellectual Property Social Justice and Entrepreneurship: Civil Rights and Economic Empowerment for the 21st Century Lateef Mtima PART I ENTREPRENEURSHIP AND EMPOWERMENT 2. An Entrepreneurship Approach to Achieving IP Social Justice John R. Whitman 3. Intellectual Property as an Essential 21st Century Business Asset Valerie Rawlston Wilson 4. The Colorblind Marketplace? Shubha Ghosh 5. Public Procurement’s Role in Facilitating Social Justice, Entrepreneurship, and Innovation in the Global Knowledge Economy Danielle M. Conway PART II EDUCATION AND ADVOCACY 6. Lawyers and Innovation Rita S. Heimes 7. Intellectual Property Training and Education for Social Justice Peter K. Yu 8. Intellectual Property Social Justice in Action: Public Interest Intellectual Property Advisors Michael Gollin, Pacyinz Lyfoung, Lateef Mtima and Connor McNulty PART III ENGAGEMENT AND ACTIVISM 9. Worth More Dead than Alive: Join the NoCopyright Party and Start Killing Copyrights for their Own Good Ann McGeehan 10. I Am My Brother’s Keeper: How the Crossroads of Entrepreneurship, Intellectual Property, and Entertainment Can Be Used to Affect Social Justice Loren E. Mulraine 11. Accentuate the Positive, Eliminate the Negative: Intellectual Property Social Justice and Best Practices for Entrepreneurial Economic Development Llewellyn Joseph Gibbons PART IV COMMENCEMENT 12. From Swords to Ploughshares: Towards a Unified Theory of Intellectual Property Social Justice Lateef Mtima Index
£111.00
Edward Elgar Publishing Ltd Thought, Law, Rights and Action in the Age of
Book Synopsisaa magnificently rich, highly critical, at times deeply challenging and troubling, and perhaps even paradigm-shifting, collection of works that has been authored by some of the most progressive and interrogative scholars of our time. In their analysis, none of the contributors take anything for granted; they relentlessly push against parochial closures that obscure the possible contours of a re-imagined relationship between human rights and the environment. The book ultimately succeeds in offering a new juridical imaginary for those of us who are concerned with the deeply troubled and complex relationship between human rights and the environment.'- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Global Network for the Study of Human Rights and the EnvironmentIn the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between 'humanity', law and the living order. This timely book intelligently combines theoretical reflections, doctrinal analyses and insights drawn from rights-based praxis to offer thoughtful - and at times provocative - engagements with the limitations of law as it faces the complexities of contemporary socio-ecological life-worlds in an age of climate crisis.Leading scholars in the field discuss, in four parts, Philosophical Investigations, Reconfiguring the Legal, Activism and Praxis, and Multi-level Reformulations, to offer imaginative intellectual engagements with a range of challenges vexing the human-environmental-legal 'interface'.Scholars and students of human rights and environmental law and practitioners in the field alike will find the book to be a timely and thoughtful engagement with urgent human dilemmas.Contributors: D. Bollier, L. Code, S. Coyle, K. Donald, G.N. Gill, E. Grant, A. Grear, T. Kerns, A. Philippopoulos-Mihalopoulos, M. Pieraccini, B.H. WestonTrade Review‘. . . a magnificently rich, highly critical, at times deeply challenging and troubling, and perhaps even paradigm-shifting, collection of works that has been authored by some of the most progressive and interrogative scholars of our time. In their analysis, none of the contributors take anything for granted; they relentlessly push against parochial closures that obscure the possible contours of a re-imagined relationship between human rights and the environment. The book ultimately succeeds in offering a new juridical imaginary for those of us who are concerned with the deeply troubled and complex relationship between human rights and the environment.’ -- Louis J. Kotzé, North-West University, South Africa, University of Lincoln, UK and Global Network for the Study of Human Rights and the EnvironmentTable of ContentsContents: Introduction: Thought, Law, Rights and Action in an Age of Environmental Crisis – In Search of Better Future Histories Anna Grear and Evadne Grant PART I PHILOSOPHICAL INVESTIGATIONS 1. Doubt and Denial: Epistemic Responsibility Meets Climate Change Scepticism Lorraine Code 2. Actors or Spectators? Vulnerability and Critical Environmental Law Andreas Philippopoulos-Mihalopoulos 3. Reflections on the Relationship between Environmental Regulation, Human rights and Beyond – with Heidegger Margherita Pieraccini 4. Radicalism and Conservativism in Environmental Law Sean Coyle PART II RECONFIGURING THE LEGAL 5. Human Rights and Environmental Protection in India: The Judicial Journey from Public Interest Litigation to the National Green Tribunal Gitanjali N. Gill 6. Reimagining Adjudication: Human Rights Courts and the Environment Evadne Grant PART III ACTIVISM AND PRAXIS 7. Human Rights Practice: A Means to Environmental Ends? Kate Donald 8. Schopenhaur's Mitleid: Environmental Outrage and Human Rights Tom Kerns PART IV MULTI-LEVEL REFORMULATIONS 9. Reimagining Ecological Governance Through Human Rights and a Rediscovery of the Commons David Bollier and Burns H. Weston 10. Towards New Legal Futures? In Search of Renewing Foundations Anna Grear Index
£121.00
Edward Elgar Publishing Ltd Global Governance of Labour Rights: Assessing the
Book SynopsisGlobal Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.'- Aseem Prakash, University of Washington, Seattle, US'The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the 'internationalization' of labour rights. Their single most important achievement is that they have produced a coherent 'whole' out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.'- Petros C. Mavroidis, Columbia Law School, New York City, US'This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.'- Thomas G. Weiss, The City University of New York's Graduate Center, US'The bulk of the world's governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.'- Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWUStories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference.With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU's social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes.Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work.Contributors: L. Beke, R.C. Brown, R. Cörvers, Y. Dahan, J. Donaghey, P. Glasbergen, F. Hendrickx, D. Klink, S. Koch-Baumgarten, M. Kryst, H. Lerner, A. Marx, F. Milman-Sivan, A.-G. 'Tobi' Oshodi, P. Pecinovsky, C. Pekdemir, G. Rayp, J. Reinecke, J. Soares, W. Van Acker, L. Van den Putte, P. van der Heijden, S. Velluti, J. Wouters, R. ZandvlietTrade Review‘Global Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.’ -- Aseem Prakash, University of Washington, Seattle, US‘The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the “internationalization” of labour rights. Their single most important achievement is that they have produced a coherent “whole” out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.’ -- Petros C. Mavroidis, Columbia Law School, New York City, US‘This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.’ -- Thomas G. Weiss, The City University of New York’s Graduate Center, US‘The bulk of the world’s governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.’ -- Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWUTable of ContentsContents: 1. Protecting Labour Rights in a Globalizing World: An Introduction Axel Marx, Jan Wouters, Laura Beke and Glenn Rayp 2. The Protection of International Labour Rights. A Longitudinal Analysis of the Protection of the Rights of Freedom of Association and Collective Bargaining over 30 years in 73 countries Axel Marx, Jadir Soares and Wouter Van Acker 3. The EU’s Social Dimension and its External Trade Relations Samantha Velluti 4. Divided We Stand: The European Parliament’s Position on Social Trade in the Post-Lisbon Era Lore Van den Putte 5. Asian and US Perspectives on Labor Rights under International Trade Agreements Compared Ronald C. Brown 6. EU Economic Governance and Labour Rights: Diversity and Coherence in the EU, the Council of Europe and ILO Instruments Frank Hendrickx and Pieter Pecinovsky 7. Trade Unions and Collective Bargaining Power in Global Labor Governance Sigrid Koch-Baumgarten and Melanie Kryst 8. The Rapprochement of ILO Standards and CSR Mechanisms: Towards a Positive Understanding of the ‘Privatization’ of International Labour Standards Ruben Zandvliet and Paul van der Heijden 9. Between the Dragon’s Gift and its Claws: China in Africa and the (Un)Civil Fostering of ILO’s Decent Work Agenda Abdul-Gafar ‘Tobi’ Oshodi 10. On the Transformative Capacity of Private Fair Labour Arrangements Ceren Pekdemir, Pieter Glasbergen and Ron Cörvers 11. Compliance Opportunities and the Effectiveness of Private Voluntary Standard Setting – Lessons from the Global Banana Industry Dennis Klink 12. The ‘Accord for Fire and Building Safety in Bangladesh’ in Response to the Rana Plaza Disaster Juliane Reinecke and Jimmy Donaghey 13. The International Labour Organization, Multinational Enterprises, and Shifting Conceptions of Responsibility in the Global Economy Yossi Dahan, Hanna Lerner and Faina Milman-Sivan 14. Conclusion: Which Way to Enforcement? Glenn Rayp, Axel Marx and Jan Wouters Index
£121.00
Edward Elgar Publishing Ltd Using Human Rights to Counter Terrorism
Book SynopsisUsing Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analysing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity. Those working within State authorities, international and non-governmental organizations will find the arguments presented in this work compelling. Legal practitioners working in the security and human rights sectors will also find this book a useful source of evidence to support human rights countering the challenges of terrorism.Contributors include: F.N. Aoláin, R. Barrett, A. Charbord, B. Emmerson, U. Garms, L. Ginsborg, M. Nowak, L. Oldring, T. Parker, M. ScheininTrade ReviewOne often hears calls not to see anti-terrorism measures and the pursuit of human rights necessarily as opposites, but in many cases as complementary activities. This book offers a welcome exploration of this idea in a wide range of contexts, by experts on the practical as well as the conceptual level. This is a timely and important book with a significant contribution to make towards ensuring survival of people and of the human rights project.' --Christof Heyns, University of Pretoria, South Africa and Member of the UN Human Rights Committee; Special Rapporteur on extrajudicial, summary or arbitrary executions (2010-2016)'This excellent book edited by Manfred Nowak and Anne Charbord tackles the interplay between human rights and counter-terrorism in a comprehensive, digestible, and convincing fashion. The authors navigate the intricate complexities of the interplay between human rights and counter-terrorism with great skill. They are unanimous in their assessment that respect for human rights is a prerequisite for long-term success in countering terrorism.' --Tarik Gherbaoui, European Journal of Legal StudiesTable of ContentsContents: Introduction Manfred Nowak and Anne Charbord 1. Key trends in the fight against terrorism and key aspects of international human rights law Manfred Nowak and Anne Charbord 2. Impact of post-9/11 counter-terrorism measures on all human rights Martin Scheinin 3. New counter-terrorism measures: Continuing challenges for human rights Ben Emmerson QC 4. The complexity and challenges of addressing the conditions conducive to terrorism Fionnuala Ní Aoláin 5. One step forward, two steps back: The Security Council, ‘Foreign Terrorist Fighters’, and human rights Lisa Ginsborg 6. Acting ethically in the shadows: Intelligence gathering and human rights Richard Barrett and Tom Parker 7. The preventive criminal justice strategy against terrorism and its human rights implications Ulrich Garms 8. Questions of accountability in countering terrorism Lisa N. Oldring Index
£131.00
Edward Elgar Publishing Ltd Social and Economic Rights and Constitutional Law
Book SynopsisSocio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights.This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.Trade Review‘The Universal Declaration of Human Rights recognised both civil and political rights, on the one hand, and economic and social rights on the other. Yet, until recently far more scholarly attention had been paid to civil and political rights than to economic and social rights. Happily, that has begun to change and the last two decades have seen increasing scholarly attention paid to economic and social rights as well as an emerging jurisprudence on their protection and fulfilment in jurisdictions across the globe. Sandra Fredman and Meghan Campbell have gathered together in one volume some of the most important published work by leading scholars in relation to economic and social rights. The book also includes a fine introduction to the topic written by Sandra Fredman, which provides a clear and helpful outline of current debates. I have no doubt that the book will serve as an invaluable resource for students, scholars, practising lawyers, judges and policy makers, and that it will serve as a spur to further scholarly work in the field.’ Table of ContentsContents: Introduction Coming of Age: Socio-economic Rights as Human Rights Sandra Fredman PART I FOUNDATIONAL PRINCIPLES 1. Amartya Sen (2004), ‘Elements of a Theory of Human Rights’, Philosophy and Public Affairs, 32 (4), Fall, 315–56 2. Frank I. Michelman (2003), ‘The Constitution, Social Rights, and Liberal Political Justification’, International Journal of Constitutional Law, 1 (1), January, 13–34 3. Onora O’Neill (2005), ‘The Dark Side of Human Rights’, International Affairs, 81 (2), 427–39 4. Karl Klare (2015), ‘Critical Perspectives on Social and Economic Rights, Democracy and Separation of Powers’, in Helena Alviar Garcia, Karl Klare and Lucy A. Williams (eds), Social and Economic Rights in Theory and Practice: Critical Inquiries, Chapter 1, Abingdon, UK and New York, NY, USA: Routledge, 3–22, references 5. Sandra Liebenberg (2005), ‘The Value of Human Dignity in Interpreting Socio-Economic Rights’, South African Journal on Human Rights, 21, 1–31 PART II CONCEPTUALISING THE RELATIONSHIP BETWEEN RIGHTS AND DUTIES 6. Philip Alston and Gerard Quinn (1987), ‘The Nature and Scope of States Parties’ Obligations under the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 9 (2), May, 156–229 7. Audrey R. Chapman (1996), ‘A “Violations Approach” for Monitoring the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 18 (1), February, 23–66 8. Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’, Yale Journal of International Law, 33, 113–75 9. Sigrun Skogly (2012), ‘The Requirement of Using the “Maximum of Available Resources” for Human Rights Realisation: A Question of Quality as Well as Quantity?’, Human Rights Law Review, 12 (3), 393–420 10. Colin Harvey and Eoin Rooney (2010), ‘Integrating Human Rights? Socio-Economic Rights and Budget Analysis’, European Human Rights Law Review, 3, 266–79 11. Magdalena Sepúlveda Carmona (2009), ‘The Obligations of “International Assistance and Cooperation” under the International Covenant on Economic, Social and Cultural Rights. A Possible Entry Point to a Human Rights Based Approach to Millennium Development Goal 8’, International Journal of Human Rights, 13 (1), 86–109 PART III THE ROLE OF COURTS 12. Jeff A. King (2008), ‘Institutional Approaches to Judicial Restraint’, Oxford Journal of Legal Studies, 28 (3), Autumn, 409–41 13. Rosalind Dixon (2007), ‘Creating Dialogue about Socioeconomic Rights: Strong-Form versus Weak-Form Judicial Review Revisited’, International Journal of Constitutional Law, 5 (3), July, 391–418 14. Alicia Ely Yamin (2014), ‘Promoting Equity in Health: What Role for Courts?’, Health and Human Rights Journal, 16 (2), December, 1–9 PART IV EQUALITY AND SOCIO-ECONOMIC RIGHTS 15. Sandra Fredman (2007), ‘Redistribution and Recognition: Reconciling Inequalities’, South African Journal on Human Rights, 23, 214–34 16. Gwen Brodsky and Shelagh Day (2005), ‘Denial of the Means of Subsistence as an Equality Violation’, Acta Juridica, 149–70 17. Kamala Sankaran (2007), ‘Special Provisions and Access to Socio- Economic Rights: Women and the Indian Constitution’, South African Journal on Human Rights, 23, 277–90 18. Leilani Farha (2002), ‘Is There a Woman in the House? Re/conceiving the Human Right to Housing?’, Canadian Journal of Women and the Law, 14, 118–41 19. Murray Wesson (2007), ‘Equality and Social Rights: An Exploration in Light of the South African Constitution’, Public Law, 748–69 20. Beth Goldblatt (2009), ‘The Right to Social Security – Addressing Women’s Poverty and Disadvantage’, South African Journal on Human Rights, 25, 442–66 21. Colleen M. Flood and Aeyal Gross (2014), ‘Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach’, Health and Human Rights Journal, 16 (2), December, 62–72 PART V REMEDIAL ENFORCEMENT 22. Kent Roach and Geoff Budlender (2005), ‘Mandatory Relief and Supervisory Jurisdiction: When is it Appropriate, Just and Equitable?’, South African Law Journal, 122 (2), 325–51 23. Varun Gauri and Daniel M. Brinks (2009), ‘Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rights’, in Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World, Chapter 1, Cambridge, UK: Cambridge University Press, 1–37 24. David Landau (2012), ‘The Reality of Social Rights Enforcement’, Harvard International Law Journal, 53 (1), Winter, 402–59 Index
£337.00
Collective Ink Human Wrongs: British Social Policy and the
Book SynopsisA devastating analysis of modern Britain. Britain is a forward-thinking, human-rights protecting beacon of democracy, right? Think again! Written in time for the 70th anniversary of the Universal Declaration of Human Rights, this book is a documented exposé of Britain's domestic human rights abuses under successive governments from the year 2000 to the present. It covers the deaths of the 20,000 pensioners a year who can't afford heating, the 40,000 people who succumb to air pollution each year, the limits on freedom of speech (including libel law), mass surveillance of Britons by the deep state, and much, much more. By comparing Britain to other rich countries on issues as diverse as infant mortality, child wellbeing, ethnic rights, and union membership, Human Wrongs reveals just how anti-human the British system really is for people of a certain class, gender, disability and/or ethnicity.
£12.99
Edward Elgar Publishing Ltd Law and Society in China
Book SynopsisExamining the interplay between law and society from imperial to present-day China, this synoptic book traces the developments of law in Chinese societies. Vai Io Lo investigates the role of law in social governance, discussing China's ongoing reforms towards the rule of law with Chinese characteristics. Offering a comprehensive overview of the interaction between law and society in China, this book simultaneously provides a glimpse of China in terms of history, polity, society, economy and philosophy. Opening with a discussion on what 'law' and 'society' are, Lo frames the discussion within the contexts of imperial China, the transitional period, the pre-reform era, and finally contemporary China. Utilising up-to-date analyses and Chinese characters alongside key concepts explained in English, this book will be beneficial to Chinese studies and Chinese law scholars looking for a more integrated insight into the background behind contemporary Chinese law. Legal practitioners working in the field will also find this book an important reference. Trade Review‘Vai lo Lo’s book Law and Society in China is both timely and applaudable. Lo produced a valuable introduction to the law and society in China, illuminating their interactive developments in history while showing their continuing roles through the ages in social control and social transformation.’ -- Yi Zhao, Asian Journal of Law and Society‘Lo delivers exactly what she promises: an easy-to-read introduction to Chinese law. Readers unfamiliar with Chinese law will be able to get up to speed quickly with Lo’s clear and straightforward overview of Chinese legal history and the Chinese legal system.’ -- Caitlin Hunter, International Journal of Legal Information‘The scope of Lo’s study is vast, beginning with early imperial China and extending all the way to the contemporary reform period. In covering that ground, Lo touches on traditional political philosophy, semi-colonial legacies, state-building, Maoism, China’s international relations, and the prerequisites of capitalism, to name a few themes – all of the ways in which law is imbricated with the complex reformulations of Chinese society. Law and Society in China can therefore serve as a helpful resource for students and scholars.’ -- Matthew Erie, Modern Law Review'Seeking to capture the essence of nearly four thousand years of law in China in a single monograph is a daunting challenge. Dr. Vai Io Lo has succeeded admirably. She has produced a rich, insightful, and eminently readable account that traces the development of law, both formal and informal, and the reciprocal interrelationship between law and society in China, from the dynastic era to the present.' --Daniel H. Foote, The University of Tokyo, Japan'In short, Law and Society in China is a remarkable work. Comprehensive in scope but with astonishing clarity, Professor Lo provides her readers with an historical work that provides an unsurpassed introduction to Chinese law and society.' --John O. Haley, Washington University in St. Louis, US'A true tour de force! No other book covers the entire history of Chinese legal system from a distinctively law-and-society perspective. Everybody who wants to gain a deeper and broader understanding of the Chinese legal system which goes beyond a particular area of contemporary Chinese law should read this book.' --Setsuo Miyazawa, Kobe University, Japan, and Immediate Past President, Asian Law & Society AssociationTable of ContentsContents: 1. The analytic lens 2. Law in imperial China 3. Law in transitional China 4. Law and politics in pre-reform China 5. Reform and law in contemporary China 6. The ‘rule of law’ with Chinese characteristics 7. Conclusions Index
£106.58
Edward Elgar Publishing Ltd Challenging Immigration Detention: Academics,
Book SynopsisGovernments increasingly rely upon detention to control the movement of undocumented migrants and asylum seekers. The deprivation of liberty of non-citizens due to their undocumented or irregular status is often fraught with gross injustices. This book stresses the need for global policy-makers to address these practices in order to ensure compliance with fundamental human rights and prevent detention abuses. Approaching detention from an interdisciplinary perspective, this volume brings together leading writers and thinkers to provide a greater understanding of why it is such an important social phenomenon and suggest ways to confront it locally and globally. Challenging Immigration Detention thematically examines a broad range of situations across the globe, with contributors providing overviews of key issues, case studies and experiences in their fields, while highlighting potential strategies for curbing detention abuses. Demonstrating the value of varied analytical frameworks and investigative angles, the contributors provide urgently needed insight into a growing human rights issue. With cross-disciplinary investigation into an issue with immediate global importance, Challenging Immigration Detention is vital for undergraduates, postgraduates, activists, lawyers and policy-makers interested in international human rights. National and international humanitarian organizations and advocacy groups working in migrant and asylum rights will find this a compelling and diverse overview of migrant detention.Contributors include: S. Albert, N. Bernstein, M. Bosworth, S. Brooker, P. Ceriani, D. Conlon, G. Cornelisse, N. De Genova, M.B. Flynn, M.J. Flynn, M. Grange, N. Hiemstra, I. Majcher, G. Mitchell, A. Mountz, C. Muñoz, D. Schriro, H. Singh Bhui, Z. Steel, D. Wilsher, M.P. Young, P. YoungTrade Review'This is an excellent book on the highly topical subject of immigration detention. The contributors are experts in the field and their work together creates impressive new knowledge.' --Elspeth Guild, Queen Mary University of London, UK'The resort to immigration detention of asylum seekers and migrants is a global phenomenon that breaches fundamental human rights. In Challenging Immigration Detention the authors examine the impact on families and their children held in detention in the United States, Australia, the European Union and South America. This collation of research is an invaluable tool in responding to the growing movement of peoples across national borders in search of safety and a better life.' --Gillian Triggs, Australian Human Rights CommissionTable of ContentsContents: Introduction - The Immigration Detention Puzzle in Interdisciplinary Perspective Michael J. Flynn and Matthew B. Flynn 1. Waging Accountability: Why Investigative Journalism Is Both Necessary and Insufficient to Transforming Immigration Detention Nina Bernstein 2. Women and Children First: An Inside Look at the Challenges to Reforming Family Detention in the United States Dora Schriro 3. Immigration Detention and Penal Power: A Criminological Perspective Mary Bosworth 4. Whither Presumption of Liberty? Constitutional Law and Immigration Detention Daniel Wilsher 5. Inspecting Immigration Detention: Her Majesty’s Inspectorate of Prisons Hindpal Singh Bhui 6. Turning Detention Centers Inside Out: The Infiltrations of the National Immigrant Youth Alliance in Sociological Perspective Claudia Muñoz and Michael P. Young 7. Global Advocacy: Civil Society Engagement of Government on Alternatives to Immigration Detention Grant Mitchell 8. Geographical Perspectives on Detention: Spatial Control and Its Contestation Deirdre Conlon, Nancy Hiemstra and Alison Mountz 9. The Economy of Detainability: Theorizing Immigration Detention Nicholas de Genova 10. Capitalism and Immigration Control: What Political Economy Reveals about the Global Spread of Detention Matthew B. Flynn 11. Mental Health Care in an Invalidating Environment: The Case of Immigration Detention in Australia Stephen Brooker, Steve Albert, Peter Young and Zachary Steel 12. Detention and Transnational Law in the European Union: Constitutional Protection between Complementarity and Inconsistency Galina Cornelisse 13. Back to Basics? The Limited Use of Immigration Detention in South America. An interpretation based on International Human Rights Treaties and Principles Pablo Ceriani Cernades 14. Immigration detention under international human rights law: The legal framework and the litmus test of human rights treaty bodies monitoring Mariette Grange and Izabella Majcher 15. Conclusion: The Many Sides to Challenging Immigration Detention Michael J. Flynn Index
£121.00
Edward Elgar Publishing Ltd Expanding Human Rights: 21st Century Norms and
Book SynopsisThis multi-disciplinary book addresses the ever-expanding notion of human rights within the 21st century. By analyzing the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability, Brysk and Stohl assess the potential and limitations of global reforms. Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility. This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign.Contributors include: J. Alley, C. Apodaca, P. Ayoub, M. Baer, A. Brysk, S. Hertel, R. Howard-Hassmann, V. Hudson, F.G. Isa, H. Jo, W. Sandholtz, C. Stohl, M. Stohl, K. TsutsuiTrade Review'Rather than focus on states, international and regional organizations, and major nongovernmental organizations, this volume looks more to the edges and margins of the struggle for human rights. An excellent group of authors offer a diverse but coherent set of perspectives on how new actors, new claims, and new responsibilities are (and in a few cases are not) expanding the meaning and range of human rights in order to make human rights a more effective tool in a greater range of struggles for social justice.' --Jack Donnelly, University of Denver, US'This volume brings together first-rate, novel approaches to the myriad of changes and challenges operative in human rights practice unfolding in diverse thematic and geographic arenas. By pushing scholars to expand the parameters of their focus and guiding queries, and to attend more to process and leverage in normative change about rights, it enriches our scholarship significantly. And it presents the reader with an ongoing agenda for both disciplinary and multidisciplinary human rights research in the future.' --George A. Lopez, University of Notre Dame, US'A prevalent view holds that internationally recognized human rights are currently much violated, hence one should institute a moratorium on new rights claims until existing norms become more effective. By comparison, in this volume Brysk, Stohl, and their colleagues argue mostly for new perspectives, new rights, and new or newly invigorated procedures for implementation. At the same time some authors here continue to emphasize the power of the repressive state to block progress. The resulting mix of views provides a stimulating commentary on human rights in our times.' --David P. Forsythe, University of Nebraska, USTable of ContentsContents: PART I Introduction 1. Expanding Human Rights Alison Brysk PART II Expanding Actors 2. A Struggle for Recognition and Rights: Expanding LGBT Activism Philip M. Ayoub 3. How Do Global Human Rights Expand? A Case of Japan’s Burakumin Going Global Kiyoteru Tsutsui 4. Indigenous Peoples: From Objects Of Protection To Subjects Of Rights Felipe Gómez Isa PART III Expanding Claims 5. Expanding Rights: New Frames For Violence Against Women Alison Brysk 6. The Human Right to Water and Sanitation: Champions and Challengers in the Fight for New Rights Acceptance Madeline Baer 7. Human Rights and Corporate Social Responsibility Michael Stohl and Cynthia Stohl PART IV Expanding Mechanisms 8. Forging Alternative Routes to Norms Change: Economic Rights Protagonists Shareen Hertel 9. Expanding Rights: Norm Innovation in the European and Inter-American Courts Wayne Sandholtz 10. Feminist Foreign Policy as State-Led Expansion of Human Rights Valerie M. Hudson PART V Expanding Responsibilities 11. Janus-faced: Rebel Groups and Human Rights Responsibility Hyeran Jo and Joshua Alley 12. Expanding Responsibilities: The Consequences of World Bank and IMF Policies on Child Welfare Clair Apodaca 13. Human Rights Contraction: Sovereignty and Denial of the Right to Food Rhoda E. Howard-Hassmann PART VI Conclusion 14. Conclusions on Norms, Institutions and Processes Michael Stohl Index
£105.00
Edward Elgar Publishing Ltd Protecting Migrant Children: In Search of Best
Book SynopsisWith unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking. Topical and engaging, this book is an important resource for academics and students in human rights law; migration and refugee law; the administrative and procedural issues of refugee law, and comparative law; as well as in the social sciences and health sciences. Policymakers and workers within the community sector will also find this book stimulating and informative.Contributors include: E.O. Abuya, F. Anello, T. Baker, L.B. Benson, S. Bolton, K. Bones, M. Crock, C. Danisi, D. Ghezelbash, P. Goldberg, C. Holguin, C. Jarvis, K. Kapur, M.A. Kenny, J. Lelliott, M. Loughry, A. Malakooti, H. Martin, I. Martinez, G.L. Neuman, A. Olusese, S. Petros, G. Sadoway, A. Schloenhardt, S. Taylor, C. Thomas, D. Thronson, G. Triggs, K. Tyler, K. van Doore, S. Whitman, P. Yule, M. ZouTrade Review‘The interdisciplinary character of the book is one of its chief strengths: just as no one country can deal with international migration on its own, the complex and multidimensional phenomenon of international child migration cannot be adequately understood, or its challenges addressed, if viewed only through the lens of a single discipline. This is a valuable edited collection with wide appeal. It constitutes an important addition to the burgeoning literature on what are the mammoth and complex challenges to the realisation in practice of migrant children’s rights. It will be of interest and use to anyone concerned with children’s rights in the context of international migration and comfortably achieves the editors’ goal of providing 'a foundation for assessment and improvement' in the rather haphazard way in which states react to child migration.’ -- Alan Desmond, Immigration, Asylum and Nationality Law‘This is a valuable edited collection with wide appeal. It constitutes an important addition to the burgeoning literature on what are the mammoth and complex challenges to the realisation in practice of migrant children’s rights. It will be of interest and use to anyone concerned with children’s rights in the context of international migration and comfortably achieves the editors’ goal of providing ‘a foundation for assessment and improvement’ in the rather haphazard way in which states react to child migration.’ -- Alan Desmond, Immigration, Asylum and Nationality Law'This collection provides a comprehensive, and at times chilling account of the challenges that are routinely faced by migrant children seeking the surrogate protection of the international community. It comes at a critical time, and is a must-have for any practitioner, scholar or decision-maker working in this important field.' --Jason Pobjoy, Blackstone Chambers and University of Oxford, UK'Over half of the world's refugees are children, yet too little of the legal literature focuses on their plight and rights. This book corrects that oversight by discussing the international framework for protecting migrant children. It provides a fresh and important addition to the literature, including possible solutions.' --Stephen Yale-Loehr, Cornell University Law School, US'This compendium of international and country-specific approaches to protecting migrant children is a truly remarkable achievement. The world's leading scholars and practitioners of immigration, refugee, and child protection law assembled here offer a road map for understanding and action on behalf of the world's countless migrant children who, as the editors remind us, are both our responsibility and our future.' --Peter H. Schuck, Baldwin Professor of Law Emeritus, Yale Law School, USTable of ContentsContents: Foreword: the Plight of the Migrant Child 1. Central Issues in the Protection of Child Migrants Mary Crock and Lenni B. Benson PART I DISPLACEMENT STORIES 2. The Where, When and How of Children on the Move Arezo Malakooti 3. Why they Leave: Latin American Immigrant Youths and their Quest for SurvivaI Isabel Martinez PART II.1 PROTECTION FRAMEWORKS: INTERNATIONAL AND REGIONAL FRAMEWORKS 4. First Things First: International Law and the Protection of Migrant Children Mary Crock and Hannah Martin 5. Children and the Convention Relating to the Status of Refugees Mary Crock and Phoebe Yule 6. Migrant Children and the United Nations Protocols against Smuggling of Migrants and Trafficking in Persons Andreas Schloenhardt and Joseph Lelliott 7. Immigration Control and the Best Interests of the Child in Europe Carmelo Danisi (with Mary Crock) 8. Under Siege: Alternative Care for Urban Unaccompanied and Separated Refugee Children in Kenya Agnes Olusese, Shamm Petros and Edwin Odhiambo Abuya 9. Defending Migrant Children and Youth in the Inter-American System Carlos Holguín and Kavita Kapur PART II.2 Protection Frameworks: Case Studies 10. Child Migration and Trafficking in South-East Asia Kathryn E. van Doore 11. Regulating Child Labour in China: A Historical Perspective of Internal Child Migration Mimi Zou PART III PROTECTING CHILD MIGRANTS: DOMESTIC LAWS 12. Protecting Migrant Children in the United Kingdom Catriona Jarvis and Syd Bolton 13. The Legal Treatment of Immigrant Children in the United States David B. Thronson 14. Children and Refugee Law in Australia and the United States Timnah Baker and Kate Bones 15. Protection Measures for Unaccompanied Child Migrants in Canada Geraldine Sadoway PART IV PROCESS MATTERS 16. ‘These Don’t Look Like Children to Me’: Age Assessment of Unaccompanied and Separated Children Mary Anne Kenny and Maryanne Loughry 17. Procedure Deficits in Protection for Immigrant Children in the United States Lenni B. Benson and Claire R. Thomas 18. Asylum-Seeking Children and the Australian Protection Visa Process Savitri Taylor PART V CHILDREN AND IMMIGRATION DETENTION 19. Detention as a Last Resort: The Implications of the Human Rights Committee’s General Comment No 35 Gerald L. Neuman 20. The Impact of Detention on the Health, Wellbeing and Development of Children: Findings from the Second National Inquiry into Children in Immigration Detention Gillian Triggs 21. The Rise and Rise of Mandatory Immigration Detention Daniel Ghezelbash PART VI CHALLENGES AND SOLUTIONS 22. Nowhere to Turn: the Protection Needs of Children Defecting from Criminal Gangs Farrin R. Anello 23. Don’t Look Behind You: Unaccompanied and Separated Children Who Have Participated in Armed Conflict in South Sudan Kasey Tyler and Shelly Whitman 24. In Search of Solutions For Unaccompanied Children Fleeing Central America Pamela Goldberg Index
£150.00
Edward Elgar Publishing Ltd Access to Justice and International
Book SynopsisThis groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organisations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations.Trade Review'As calls for a better balance between the immunity of international organizations and the legal protection of individuals become louder, this timely study not only analyses the tension between these two fundamental legal principles, but also presents a number of recommendations to solve the problem. This book is an essential contribution to a debate that has direct implications for all of those affected by the decisions of international organizations.' --Ramses A. Wessel, University of Twente, the Netherlands'Accountability fares high on the agenda of international lawyers. In this context, international organizations, long the embodiment of progress, have become suspect and the object of intense scrutiny. In his book, Pierre Schmitt provides us with a comprehensive and timely treatment of the legal avenues (and the limitations thereof) by virtue of which international organizations can be held accountable for human rights violations while also making audacious proposals. In doing so, he usefully continues international lawyers' quest for greater accountability in international society.' --Jean d'Aspremont, University of Manchester, UK and University of Amsterdam, the Netherlands'This book tackles a complex question of contemporary international law and international life - legal remedies for individuals vis-a-vis international organizations. Focusing on human rights violations, it carefully analyses the institutional and procedural aspects of the right of access to justice, the procedural remedies currently available, and the effects of an intersection with immunity law. The book is an important resource for anyone working with the theory or practice of international organizations and human rights.' --Catherine Brolmann, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. Setting the scene 2. International organizations’ human rights obligations 3. Right of access to justice 4. International dispute settlement mechanisms 5. National jurisdictions and the immunities of international organizations 6. General conclusions and normative proposals Index
£127.00
Edward Elgar Publishing Ltd Handbook on Human Rights in China
Book SynopsisExamining both the theory and practice of human rights in China, this Handbook provides an important analysis of rights in China in comparison to international standards and China's international engagements concerning human rights. A wide range of civil and political, social and economic, and group rights in China are explored from an interdisciplinary perspective.Contributions provide a comprehensive and critical insight to the topic, examining the traditions behind modern human rights in China right up to contemporary issues such as the rise of the Internet and LGBTQ rights that are now at the forefront of attention across the globe. The Handbook also explores human rights in Greater China, and their relationship to rights in mainland China. Each chapter develops arguments surrounding significant issues, together revealing a complex reality where human rights recognition and protections are intertwined with Party-state programs and priorities, modes of governance and the demand for social and political stability. A vital read for international human rights academics and practitioners, this Handbook examines a thorough range of aspects of human rights in China. It would also be a useful read for international relations and Chinese studies scholars, as well as those with a keen interest in modern China. Contributors include: S.C. Angle, H. Aubié, A. Beck, T. Biao, S. Biddulph, A. Brettell, T.C. Chen, J. Chia, S. Cook, M.C. Davis, A. Datt, M. Elfstrom, A. Garwood-Gowers, S. Hallett, J.P. Horsley, F. Huafling, L.A. Jacobs, J. Jue, L. Jun, A. Kent, K. Kinzelbach, M.K. Lewis, W. Muller, O. Naftali, E. Nesossi, E. Pils, P. Potter, J. Rosenzweig, M. Svensson, S. Trevaskes, M. Xia, G. ZhiyuanTrade Review‘The Handbook on Human Rights in China arrives at an opportune time: just as global scrutiny of China’s human rights record has increased, this important new book attempts to give readers a comprehensive overview of China’s approach to human rights. This volume gives readers an extensive look at China’s overall human rights record. This book is generally aimed at an academic audience, and would be useful to scholars teaching a survey course on human rights and rule of law in China. At the same time, however, the book will be useful to practitioners seeking to update their understanding of key human rights issues in the Chinese context.’ -- Thomas E Kellogg, Asia Pacific Law Review‘China is already one of the most important players in shaping the international human rights regime. This Handbook provides an invaluable guide to its domestic and international policies in the field and brings together many of the leading scholars working on these issues. It provides a balanced and insightful overview.’ -- Philip Alston, New York University, School of Law, US'China is already one of the most important players in shaping the international human rights regime. This Handbook provides an invaluable guide to its domestic and international policies in the field and brings together many of the leading scholars working on these issues. It provides a balanced and insightful overview.' --Philip Alston, New York University, School of Law, US'This impressive book draws on authors from China and across the globe to cover a broad sweep of questions concerning rights in China from a variety of vantage points. Topics include the historical; civil, political, economic and social rights; citizen access to justice; and emerging rights issues.' --William P. Alford, Harvard Law School, USTable of ContentsContents: 1. Introduction to the Handbook on Human Rights in China Sarah Biddulph and Joshua Rosenzweig Part I Human Rights in China: Contested Meanings 2. Human rights in Chinese tradition Stephen C. Angle 3. Human rights and the political system Eva Pils Part II International Dimensions of Human Rights in China 4. China and the International Multilateral Human Rights System Ann Kent 5. Human rights in Chinese foreign policy: a battle for global public opinion Katrin Kinzelbach 6. China and the ‘Responsibility to Protect’ (R2P) Andrew Garwood-Gowers PART III Economic and Social Rights 7. Subsistence, Poverty Alleviation and Right to Development: Between Discourse and Practice Wim Muller 8. Health and Human Rights Performance in China: Stronger on Entitlements, Weaker on Freedoms Lesley A. Jacobs 9. Labor Rights in China Manfred Elfstrom 10. Examining China’s Compliance to Emerging International Norms Regarding Environmental Rights Anna Brettell 11. Objects of Pity or Subjects of Rights? Disability and Human Rights in the People’s Republic of China Stephen Hallett 12. Mental Health Rights in China Guo Zhiyuan 13. Women’s Rights and Gender Equality in China: The Development and Struggle in Chains of State Feminism Jiang Jue 14. Rights of Children and Youth in China: Protection, Provision and Participation Orna Naftali PART IV Civil and Political Rights 15. Freedom of Opinion and Expression Hermann Aubié 16. Freedom of Religion and Belief Sarah Cook 17. Freedom from Torture Margaret K. Lewis 18. Arbitrary Detention Sarah Biddulph 19. Assessing Freedom of Peaceful Assembly and Association in Contemporary China Angeli Datt and Alex Beck 20. The Death Penalty and Human Rights in China Susan Trevaskes 21. Movement and Migration Ming Xia Section 5 Rights In/action and Access to Justice 22. Lawyers for Human Rights Protection: From Legal Aid to Political Lawyering Fu Hualing 23. The Right to a Fair Trial Elisa Nesossi 24. Transparency, Accountability, and Access to Information Jamie P. Horsley 25. The Development and Obstacles of Anti-discrimination Law and Practice in Mainland China Lu Jun PART VI Political Dimensions of Human Rights in Greater China 26. Human Rights in Taiwan: A Thematic Overview Titus C. Chen 27. Human Rights and Political Opposition in Hong Kong Michael C. Davis 28. Rights Defense and New Citizen’s Movement Teng Biao Section 7 New Frontiers 29. Human Rights and the Internet in China: New Frontiers and Challenges Marina Svensson 30. LGBTQ rights in China: Movement-Building in Uncertain Times Joy L. Chia 31. Human Rights and China’s International Trade and Investment Relations Pitman B. Potter Index
£282.00
Edward Elgar Publishing Ltd Negotiating Cultural Rights: Issues at Stake,
Book SynopsisThe various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development.Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights.This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues.Contributors include: S. Amin, L. Belder, Y.M. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-LockTrade Review‘Negotiating Cultural Rights is a noteworthy addition to the literature on cultural rights. The value of the book resides primarily in presenting Shaheed’s personal narrative of her experience as Special Rapporteur, addressing her work in its entirety and complexity by analyzing all ten reports, and identifying future lines of inquiry that scholars (as well as the current Special Rapporteur) are invited to pursue -- Andrea Boggio, Human Rights Review‘There are a growing number of scientific papers and publications analysing aspects of cultural rights, referring explicitly to and building on the work of the mandate. Of particular interest have been the publication of the commentaries on the Fribourg Declaration in 2010, the Wroclaw Commentaries in 2016 and Negotiating Cultural Rights in 2017.’ -- Karima Bennoune, Human Rights Council (Report of the Special Rapporteur in the field of cultural rights )Table of ContentsContents: Introduction: Outlining the field of cultural rights and its importance Lucky Belder and Helle Porsdam 1. The United Nations Cultural Rights Mandate: Reflections on the significance and challenges Farida Shaheed 2. Implementing cultural rights (Nature, issues at stake and challenges) - Report 2010 (A/HRC/14/36) Lotte Hughes 3. The right of access to and enjoyment of cultural heritage - Report 2011 (A/HRC/17/38) Lucky Belder 4. The right to enjoy the benefits of scientific progress and its applications - Report 2012 (A/HRC/20/26) Helle Porsdam and Matthias Mann 5. The enjoyment of cultural rights by women on an equal basis with men - Report 2012 (A/67/287) Yvonne Donders 6. The right to freedom of expression and creativity - Report 2013 (A/HRC/23/34) Shahira Amin 7. Corporate interests and artistic voices: the Plesner case Stina Teilmann-Lock 8. History, memory and memorialization processes - Report 2013 – 2014 (A/68/296, 2013 and A/HRC/25/49, 2014) Hanne Hagtvedt Vik 9. The impact of commercial advertising and marketing practices on the enjoyment of cultural rights - Report 2014 (A/69/286) Dalindyebo Shabalala 10. Copyright policy and the right to science and culture - Report 2015 (A/HRC/28/57) Fiona Macmillan 11. Patent policy and the right to science and culture - Report 2015 (A/70/279) Jannice Käll Index
£95.00
Edward Elgar Publishing Ltd Mega-Dams and Indigenous Human Rights
Book SynopsisThis original and insightful book explores and examines the impact that building mega-dams has on the human rights of indigenous peoples living in surrounding areas, who are often significantly affected. It demonstrates the many ways in which human rights are violated by governments and other institutions in relation to large dam projects, and the wider effect this can have on these regions. Compiling case studies from around the world, Itzchak Kornfeld provides clear examples of how human rights violations are perpetrated and compounded, as the construction of and flooding that results from these dams destroys livelihoods, cultural legacies and the local ecology, and promises of resettlement from governments are routinely broken. With chapters examining historical, recent and ongoing dam projects, the book also highlights the involvement of development banks and their failure to respect even their own policies in relation to issues such as environmental impact assessments. This incisive book will be valuable to lawyers, political scientists, and other professionals working in the area of human rights, as well as academics and students. It will also be of interest to those working for government agencies, international organizations, and others involved in dam construction and similar large-scale projects.Table of ContentsContents: Preface and Acknowledgements 1. The Twentieth Century: Dams and the Epic Struggle to Control Nature 2. America and the Age of Dams 3. A Brief Survey of Human Rights Law 4. Funding Mega-Dams: The Multilateral Banks 5. The Yacyretá Dam: Adiós to Paradise and the Destruction of Human Rights 6. Dark Lessons from the Senegal River 7. The Southeastern Anatolia Project (GAP): The loss of cultural heritage 8. The Narmada Dam, India: The courage of tribals 9. Zambia’s Kariba Dam 10. The Xayaburi Dam on the Mekong River 11. The Oldman Dam, Alberta, Canada Epilogue Index
£95.00
Edward Elgar Publishing Ltd Advanced Introduction to Freedom of Expression
Book SynopsisMark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression - speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies - he evaluates the key questions and potential difficulties for future generations. Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view. Key features include: Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction. This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.Trade Review'Aimed at readers with some familiarity with basic free speech law and concepts, this Advanced Introduction admirably hits its mark. It provides conceptual clarity and analytical nuance. It addresses old and new free speech controversies and draws on the law of a wide range of constitutional democracies.' --Adrienne Stone, The University of Melbourne, AustraliaTable of ContentsContents: Introduction 1. Basic Concepts 2. Justifications for Regulating Speech 3. The Distinction between Coverage and Protection 4. Rights Versus Rights/Rights Versus Interests 5. Subsidies and Content-Neutral Regulations 6. New (?) Challenges Conclusion Index
£89.00
Edward Elgar Publishing Ltd Advanced Introduction to Freedom of Expression
Book SynopsisMark Tushnet presents a concise yet comprehensive overview of free expression law, understood as a form of constitutional law. Confronting the major issues of free expression - speech critical of government, libel law, hate speech regulation, and the emerging challenges posed by new technologies - he evaluates the key questions and potential difficulties for future generations. Contrasting the United States with current law in Europe and elsewhere, Tushnet argues that freedom of expression around the world should reflect deference to legislative judgements, unless those judgements reflect inadequate deliberation or bias, and that much of the existing free expression law is consistent with this view. Key features include: Comprehensible for both students of law and non-specialist readers interested in freedom of expression from a legal perspective Viewpoints from multiple legal systems including analysis of decisions made by the US Supreme Court and the European Court of Human Rights Explains the two legal doctrinal structures: categorical, rule-bound approaches and standards-based approaches List of key references for further reading, allowing readers to extend their knowledge of the topic past the advanced introduction. This Advanced Introduction will be an essential foundational text for students of law, as well as those from a political science background who can view freedom of expression from a legal perspective.Trade Review'Aimed at readers with some familiarity with basic free speech law and concepts, this Advanced Introduction admirably hits its mark. It provides conceptual clarity and analytical nuance. It addresses old and new free speech controversies and draws on the law of a wide range of constitutional democracies.' --Adrienne Stone, The University of Melbourne, AustraliaTable of ContentsContents: Introduction 1. Basic Concepts 2. Justifications for Regulating Speech 3. The Distinction between Coverage and Protection 4. Rights Versus Rights/Rights Versus Interests 5. Subsidies and Content-Neutral Regulations 6. New (?) Challenges Conclusion Index
£18.95
Edward Elgar Publishing Ltd Protecting Minority Rights in African Countries:
Book SynopsisIn this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities.From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.Trade Review'An excellent exposition of the policy imperative for African countries to find ways to ensure peaceful coexistence of their ethnic groups and provide the enabling environment for inclusive growth and development. Mbaku has convincingly applied Buchanan's constitutional political economy model to show how African countries can use constitutional design so that laws and institutions can provide the wherewithal for peaceful coexistence and create the enabling environment for growth and development. Recommended reading for political economy scholars, rights activists, and African policy-makers.' --Kempe Ronald Hope, Sr., Development Practice International, CanadaTable of ContentsContents: Preface 1. General introduction: issues in Africa’s efforts to protect the rights of minority groups 2. The historical foundations of the problem 3. The critical domains in the post-independence period 4. Confronting poverty and underdevelopment in Africa today 5. Why process is important in constitutional design 6. Process-driven constitutional design, legitimacy and minority rights: constituent assemblies 7. Process-driven constitutional design, legitimacy and minority rights: the constitution-making process 8. The importance of legitimacy for compliance and constitutional maintenance in Africa 9. Enhancing the protection of minority rights in Africa: lessons from US constitutional practice 10. Thinking of political democracy 11. Comparative constitutional law and the management of ethnocultural diversity 12. Enhancing the protection of minority rights in Africa: consociational democracy 13. Polyarchy, participation and minority rights in Africa 14. Governance and group-differentiated citizenship in the African countries 15. Constitutional design, constitutionalism and the protection of minority rights in Africa: the way forward Index
£116.00
Edward Elgar Publishing Ltd Constitutions and Religion
Book SynopsisConstitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders. Arranged into five main sections, the Research Handbook addresses a range of topics through the lens of comparative constitutional law, including history, concepts and theories; models of managing religion; the politics of religion; supranational constitutionalism and challenges and controversies. The contributors take an interdisciplinary approach to survey historical, legal, political and philosophical views of the contemporary multifaceted treatment of religion within the constitutional order. Chapters explore in depth the interplay between domestic, European and international law, the interaction of the traditions of the major religions with the constitutional ordering of religion and the state, as well as the key challenges brought about by the repoliticizisation of religion. This innovative Research Handbook will be a definitive resource for academics and students interested in religious studies, international and European Union law, international relations, comparative constitutionalism, history, legal and political theory, and sociology.Trade Review‘Mancini’s compilation and encapsulation of different religions and their relation to a nation’s constitution, including supranational constitutionalism, should capture the wide attention of students, human rights activists, judges, practitioners, and researchers as it contributes to the contemporary debate on the role of religion in politics.’ -- Nazia Khan, Journal of Law and Religion‘A comprehensive, fascinating survey which brings together leading experts working at the cutting edge of contemporary debates about comparative constitutional law and religion.’ -- Cécile Laborde, University of Oxford, UK'A comprehensive, fascinating survey which brings together leading experts working at the cutting edge of contemporary debates about comparative constitutional law and religion.' -- Cecile Laborde, University of Oxford, UK'Deftly edited by Susanna Mancini, this volume is a great synthetic overview of some of the most important constitutional issues of our time. It will be indispensable for anyone seeking to understand the role of contemporary constitutionalism.' -- Robert Post, Yale Law School, USTable of ContentsContents: 1 Introduction: constitutionalism and religion in an age of consolidation and turmoil 1 Susanna Mancini PART I HISTORY, CONCEPTS, THEORIES 2 Constitution and secularism: a Western account 21 Michel Rosenfeld 3 Secularism’s others: the legal regulation of religion and hierarchy of citizenship 41 Ratna Kapur 4 The theoretical framework of modern Islamic constitutionalism 59 Andrew F. March 5 The modern architecture of religious freedom as a fundamental right 75 Peter G. Danchin PART II CONSTITUTIONAL COEXISTENCE: MODELS OF MANAGING RELIGION AND THE STATE 6 Constitutional models of law and religion relations in Western Europe 96 Silvio Ferrari 7 Constitutionalism and religion in common law North America 111 Dia Dabby and Jean-François Gaudreault-DesBiens 8 Religious freedom in Latin American constitutions: from freedom from the Catholic Church to freedom from “gender ideology” 139 Julieta Lemaitre Ripoll 9 Constitutions and religion in Africa 157 Charles Manga Fombad 10 Islam, Sharia and comparative constitutionalism 172 Abdullahi Ahmed An-Na‘im 11 Managing religion and difference: ancient constitutionalism in the Theravāda Buddhist tradition and the transformative impact of the modernist and post-colonial turn 184 Roshan de Silva-Wijeyeratne 12 Constitutionalism and religion in a Jewish and democratic state 208 Gila Stopler 13 Reforming religion: the Indian Constitution, the courts and Hinduism 222 Ronojoy Sen 14 Three models of church-state relations in contemporary Russia 237 Kristina Stoeckl PART III THE CONSTITUTION AND POLITICS OF RELIGION 15 Religion in constitution-making processes: comparative perspectives 253 Francesco Biagi 16 Religion and political parties 272 Luca Ozzano PART IV RELIGION AND SUPRANATIONAL CONSTITUTIONALISM 17 Individual religious freedom under the European Convention of Human Rights 286 András Sajó and Renáta Uitz 18 Religion in the constitutional order of the European Union 307 Ronan McCrea 19 Religion and human rights 321 Christopher McCrudden PART V CHALLENGES AND CONTROVERSIES 20 Gender justice and religious freedom in the post-secular age 347 Susanna Mancini and Elena L. Cohen 21 Religious conscientious objection: a troubled path 370 Isabelle Rorive and Ana Maria Corrêa 22 Constitutional law and the integration of Islam in Europe 383 Christian Joppke 23 Blasphemy, freedom of expression and the role of constitutional rights: the case of Ireland 399 Neville Cox 24 Pluralism and personal laws in India 415 Farrah Ahmed Index 433
£220.00
Edward Elgar Publishing Ltd General Principles of EU Law and the Protection
Book SynopsisThis insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU.The book demonstrates that, due to their complementary and autonomous function, the general principles still play a key role in the protection of fundamental rights within the EU despite the binding force of the Charter. Analysis throughout the book shows that the role of general principles concerning fundamental rights is particularly evident when they reflect the specificities of the EU legal system, and contribute to ensuring its autonomy. These conclusions are supported through a comprehensive review of the relevant case law of the European Court of Justice in the field of fundamental rights protection. A particular focus is placed on convergences and discrepancies with respect to the jurisprudence of the European Court of Human Rights.This work will be of great interest to scholars who are researching the protection of fundamental rights within the legal order of the EU. Human rights lawyers will also find this a compelling text.Trade Review'Chiara Amalfitano offers a comprehensive and original examination of the Court of Justice's voluminous case law in the field of fundamental rights during the post Lisbon Treaty era. It must be particularly commended for its stimulating reading of the rapidly adapting, if not evolving, role of general principles concerning fundamental rights, since the entry into force of the EU Charter of Fundamental Rights.' --Laurent Pech, Middlesex University London, UKTable of ContentsContents: Introduction 1. The Current System of Fundamental Rights Protection in the European Union 2. The Relationship between the Sources of Fundamental Rights Protection in the EU Legal Order 3. The Role of the General Principles of Law Concerning Fundamental Rights in the post-Lisbon case law of the Court of Justice 4. The Role of the General Principles of Law beside and beyond the Charter 5. Final Remarks Bibliography Index
£94.00
Watkins Media Limited The New Heretics: Understanding the Conspiracy
Book SynopsisThrough their part in some huge controversies, conspiracy theorists are being branded the Number One Enemies of our times – the new heretics. They are seen to threaten the very fabric of modern society, spreading doubts and fears that result in Washington Capitol invasions, transmission mast burnings or the spread of anti-vaxx material. Yet the theorists prefer to call themselves "truth seekers" and see the mainstream establishment as the real disruptor, treating its increasingly harsh censorship as direct validation of their views. In truth, the new heretics, whose numbers are swelling, are symptoms of a wider polarization splitting apart much of the world in ideological divisions. Many have lost trust in politicians and the media, while nuanced debate is crushed and information overload and manipulation breeds uncertainty, civil unrest and mental health issues. How does the age old strategy of divide-and-rule play out in such an environment? Using his extensive experience of negotiating disputes between cynics and truth seekers, Andy Thomas explores the proliferation of conspiracy thinking, peeling back unhelpful layers of biased thinking on all sides to find more insightful ways to bridge the polarised divides and create a better way forward. The New Heretics scrutinises the future of freedom of expression in a censorious world which unwisely seeks to close down discussion of everything alternative, expanding into a truly thought-provoking and expansive treatise on our relationship to truth, technology, politics and the paranormal – and the future of humanity itself.Trade Review"I cannot recommend this new work highly enough; in fact it’s a ray of light and should be required reading in all secondary schools … Buy it, read it and learn.” - Brian Allan, Phenomena magazine"The New Heretics will become the go-to book for a new way of thinking about the world and our progress in it.” - Marcus Allen, UK publisher of Nexus magazine"Thomas serves up a banquet of ideas on the profound impact of digitalisation, the death of debate, censorship and the nature of scientific inquiry, asking questions that leave you stumped.” - Saffron Swire, Reaction“The New Heretics opens broad conversations and looks beyond unhelpful layers of bias to try to bridge the divides between humans and find more insightful ways for us to communicate with each other and move forward together." - Cygnus Review"Essential reading in our dangerously compromised times, The New Heretics is exceptionally well-informed and has that hard-to-put-down quality that confirms it as a must-read for anyone interested in the bewildering state of Western culture and society today. It’s level-headed, wise and deeply insightful." - Medium.com review
£13.49
Liverpool University Press Deferred Dreams, Defiant Struggles: Critical
Book SynopsisDeferred Dreams, Defiant Struggles interrogates Blackness and illustrates how it has been used as a basis to oppress, dismiss and exclude Blacks from societies and institutions in Europe, North America and South America. Employing uncharted analytical categories that tackle intriguing themes about borderless non-racial African ancestry, “traveling” identities and post-blackness, the essays provide new lenses for viewing the “Black” struggle worldwide. This approach directs the contributors’ focus to understudied locations and protagonists. In the volume, Charleston, South Carolina is more prominent than Little Rock Arkansas in the struggle to desegregate schools; Chicago occupies the space usually reserved for Atlanta or other southern city “bulwarks” of the civil rights movement; diverse Africans in France and Afro-descended Chileans illustrate the many facets of negotiating belonging, long articulated by examples from the Greensboro Woolworth counter sit-in or the Montgomery Bus Boycott; unknown men in the British empire, who inverted dying confessions meant to vilify their blackness, demonstrate new dimensions in the story about race and religion, often told by examples of fiery clergy of the Black Church; and the theatres and studios of dramatists and visual artists replace the Mall in Washington DC as the stage for the performance of identities and activism.Table of ContentsAcknowledgementsList of ContributorsList of IllustrationsINTRODUCTION1. Deferred Dreams, Defiant Struggles - Violet Showers Johnson, Gundolf Graml and Patricia Williams LessaneDIASPORA, DISPLACEMENT, MARGINALIZATION AND COLLECTIVE IDENTITIES2. Josephine Baker’s Routes and Roots: Mobility, Belonging and Activism in the Atlantic World - Katharina Gerund3. Beyond the Ethnographic Other: Pan-African Activism at the Turn of the Twentieth CenturyThomas Smith4. Black Sojourners in “La Métrople” and in the Fatherland: Challenges of Otherness in Calixthe Beyala’s Le Petit Prince de Belleville and Myriam Warner-Vieyra’s Juletane - Philip OjoPERFORMING IDENTITIES, RECLAIMING THE SELF 5. Staging the Scaffold: Criminal Conversion Narratives of the Late Eighteenth Century - Carsten Junker6. The Plays of Carlton and Barbara Molette: The Transformative Power of African American Theatre Silvia Pilar Castro BorregoMOVED TO ACT: CIVIL RIGHTS ACTIVISM IN THE US AND BEYOND7. “Together We Can Build a Nation of Love and Integration”: The 1965 North Shore Summer Project for Fair Housing in Chicago’s Northern Suburbs - Mary Barr8. Redrawing Borders of Belonging in a Narrow Nation: Afro-Chilean Activism at the Hinterlands of Afro-Latin America - Sara Busdiecker9. Lowcountry, High Demands: The Struggle for Quality Education in Charleston, South Carolina - Jon Hale and Clerc Cooper Index
£109.50
Edward Elgar Publishing Ltd The Failure to Protect: The Path to and
Book SynopsisThis book investigates the reasons behind, and consequences of, military operations by Western powers. It focuses on those humanitarian interventions aimed at protecting civilians from terror, dictators and criminals in fragile states. Contributing to the cosmopolitan, feminist and post-colonial literature on interventions, 12 case studies from across the globe are explored, including military interventions in: Afghanistan, the Central African Republic, Iraq, Kosovo, Libya, Mali, Mauritania, Pakistan, Sierra Leone, Somalia, Syria and Yemen.The interventionist era post 1999 has been associated with an increase in conflict fatalities, while the non-interventionist era 1989-1999 is associated with declining conflict violence. This book analyses both quantitatively and qualitatively the interactive discourses of the proponents and opponents of humanitarian protection. Timo Kivimäki explores the need for a representative global agency and legitimate institutions to avoid accusations of partisanship, and calls for the removal of the masculine gender bias in protection to create 'democratic matriotism'.A timely read for advanced international relations scholars, this book analyses the data surrounding military interventions, providing a thorough insight into the last two decades of humanitarian conflict work. Politicians and practitioners of wartime humanitarian protection will also greatly benefit from this book.Trade Review'This is a seminal work on the causes and consequences of humanitarian intervention. It is comprehensive in scope, innovative in analytical discourse, rigorous in empirical analysis, and rich in policy implications. This is a must read for students of international relations in general and of humanitarian intervention in particular.' --Chung-in Moon, Yonsei University, South KoreaTable of ContentsContents: 1. Introduction 2. State fragility and intervention, new wars and protection wars 3. The nature and rationale of protection wars 4. The consequences of humanitarian interventions 5. Counter-cosmopolitan discourse. What are the reasons for violence? 6. Hidden agendas and the protection of civilians 7. How did unilateralism sneak into cosmopolitan protection? 8. How did the preference for power centric strategies emerge in cosmopolitan protection? 9. From cosmopolitanism to neocosmopolitanism: democratizing and degendering of cosmopolitan protection Bibliography Index
£90.00
Edward Elgar Publishing Ltd Contracting Human Rights: Crisis, Accountability,
Book SynopsisThe securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyze trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women?s rights in patriarchal societies, and civil liberties in chronic conflict. This timely study will be invaluable reading for academics, upper-level undergraduates, and those studying graduate courses relating to international relations, human rights, and global governance.Contributors include: K. Ainley, G. Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K. Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa, A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer, W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C. WrightTrade ReviewContracting Human Rights is an exciting collection of essays covering topics from refugee rights and the International Criminal Court to corporate responsibilities, LGBT and women's rights, and beyond. The authors show how human rights can be blocked by resistance, counter-mobilization, and the reassertion of state sovereignty. Yet they also show that there are still means to reinforce human rights rather than give in to a politics of fear. Well worth reading, and a superb collection for classroom use.' --Rhoda E. Howard-Hassmann, Professor Emeritus, Wilfrid Laurier University, Canada and Research Chair in International Human Rights, 2003-16'Brysk and Stohl bring together a diverse set of voices and perspectives in questioning long-held assumptions about the progressive expansion of international human rights norms and enforcement mechanisms. This book is essential reading for anyone interested in the long-term impact of the so-called war on terror on international human rights and anyone concerned with the future of human rights.' --Michael Goodhart, University of Pittsburgh, US'In turbulent times for human rights, this volume explores why promotion and protection of rights is stalled or thwarted in a range of issue areas, in multiple countries and regions, and at varying levels of governance. Particularly impressive are the range of topics covered across the individual chapters, the depth of evidence marshalled, and the uniformly urgent call to move beyond conventional explanations.' --Shareen Hertel, University of Connecticut, USTable of ContentsContents: Acknowledgments 1. Introduction: Contracting human rights Alison Brysk Part I Gaps 2. Contracting the refugee regime: The global citizenship gap Alison Brysk 3. Has the occupation occupied Israel? Gershon Shafir 4. Expanding extractive industries, contracting indigenous rights? Gains, setbacks and missed opportunities in Latin America Claire Wright 5. The bottom two billion: The global expansion of urban slums and second-class citizenship Natasha Bennett Part II Backlash 6. The human rights costs of NGOs’ naming and shaming campaigns Clair Apodaca 7. Perils of success: Backlash and resistance to LGBT rights in domestic and international politics Phillip M. Ayoub 8. Human rights and democracy promotion in times of contraction: EU human rights and democratization policies in Egypt Felipe Gómez Isa 9. From lawless to secret law: The United States, the CIA, and extra-judicial killings Arturo Jimenez-Bacardi Part III Accountability 10. Whither accountability? Counter-terrorism and human rights at the United Nations Security Council George Andreopoulos 11. Backlash and international human rights courts Wayne Sandholtz, Yining Bei, and Kayla Caldwell 12. Retreat or retrenchment? An analysis of the International Criminal Court’s failure to prosecute presidents Kirsten Ainley 13. Searching for accountability of the private sector: Civil liability of corporations for trafficking in human beings for the purpose of labour exploitation in the European context Julia Planitzer, Nora Katona, Barbara Linder and Karin Lukas Part IV Opportunities 14. Business and human rights: Exploring the limits of an expanding agenda on corporate responsibility Anne Vestergaard and Michael Etter 15. Digital media and human rights: Loomio, Statistics New Zealand, and gender identity Cynthia Stohl, Michael Stohl and Shiv Ganesh 16. Beyond global vs. local: Islam, feminism, and women’s rights in Morocco Jesilyn Faust 17. Contesting the citizenship gap: Advocacy, core rights, and women’s rights reform Feryal M. Cherif 18. Conclusion: From hope to fear in the millennium: Human rights in an age of backlash Michael Stohl Index
£111.00
Edward Elgar Publishing Ltd Fragmentation and Integration in Human Rights
Book SynopsisContrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users.The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law.Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look.Contributors include: E. Brems, E. Bribosia, P. De Hert, E. Desmet, E.K. Dorneles de Andrade, M. Holvoet, D. Inman, B. Oomen, S. Ouald-Chaib, I. Rorive, S. Smis, O. Van der Noot, S. Van DrooghenbroeckTrade Review'This book presents a thorough and inspiring analysis of the current trend towards fragmentation in the domain of human rights. There is a serious risk that fragmentation will lead to a race to the bottom in terms of human rights protection. In addition to the excellence of the individual contributions, on issues that range from specialisation to contextualisation of human rights law, and from human rights experimentation to strategic choice in human rights litigation, this book comes at the right time. It is a must read.' --Paulo Pinto de Albuquerque, European Court of Human Rights and Catholic University, PortugalTable of ContentsContents: Introduction Saïla Ouald-Chaib 1. Methodologies to study human rights law as an integrated whole from a users’ perspective: lessons learnt Ellen Desmet 2. Understanding International Criminal Law from a Users’ Perspective: Pluralism Due to Contestation, Integration through Collaboration Mathias Holvoet and Paul De Hert 3. Fragmentation, Harmonization and the Users’ Perspective: The Munduruku Peoples’ View on Land and the Developing Standards on Indigenous Peoples’ Land Rights Derek Inman, Stefaan Smis and Edson ‘Krenak’ Dorneles de Andrade 4. Fragmentation/Integration of human rights law - a users’ perspective on the CRPD Barbara Oomen 5. Human Rights Integration in action: making equality law work for trans people in Belgium Emmanuelle Bribosia and Isabelle Rorive 6. Between assimilation and exclusion: is there room for an ‘integrated’ approach towards constitutional and international protection of human rights? Sébastien Van Drooghenbroeck and Olivier Van der Noot 7. Smart Human Rights Integration Eva Brems Index
£98.00
Edward Elgar Publishing Ltd Loss of Homes and Evictions across Europe: A
Book SynopsisThe loss of a home can lead to major violations of a person's dignity and human rights. Yet, evictions take place everyday in all countries across Europe. This book provides a comparative assessment of human rights, administrative, procedural and public policy norms, in the context of eviction, across a number of European jurisdictions. Through this comparison the book exposes the emergence of consistent, Europe-wide standards and norms.With contributions from experts across Europe, the chapters provide an assessment of eviction procedures in 11 jurisdictions, including Germany, France, Spain, the Netherlands and the United Kingdom. Each chapter examines a number of factors relating to evictions in the respective jurisdiction, such as, the human rights and legal framework, nature and extent of evictions taking place, risk factors leading to evictions and relevant best practice guidance. All together, this book will make a significant contribution to the understanding of the similarities and differences between eviction policies across European states. As the first work of it?s kind to provide an in-depth comparison of eviction policies across Europe, Loss of Homes and Evictions Across Europe will be of great interest to those who are researching European housing law and human rights law and policy. Housing law and public policy makers, and those working within associated European institutions, will also find the data and accompanying analysis invaluable for informing their work.Contributors include: E. Bargelli, W. Borysiak, P. Decker, G. Donadio, R.M. Garcia, M.F. Hrast, C. Hunter, P. Kenna, S. Nasarre-Aznar, S. Nikolic, N. Pleace, C.U. Schmid, P. Sparkes, N. Teller, D. Vermeir, J. Verstraete, M. VolsTrade Review'This is an invaluable book for anyone interested in housing markets across Europe. Misleading comparisons are often made but this book sets the record straight. It provides a contextual account, written by country experts, of evictions from rented and mortgaged homes that considers legal, social, human rights and policy factors in 11 European countries. At last, one can discover how homes are really valued across Europe.' --Sarah Nield, University of Southampton, UKTable of ContentsContents: Foreword by Freek Spinnewijn Introduction Padraic Kenna 1. Evictions in Belgium, a neglected yet pressing issue Jana Verstraete, Pascal De Decker and Diederik Vermeir 2. Evictions in France Marc Uhry 3. Evictions in Germany Christoph U. Schmid and Sofija Nikolic 4. Social context, evictions and prevention measures in Hungary Nóra Teller and Eszter Somogyi, with the contribution of Nóra Tosics 5. Evictions in Ireland Padraic Kenna 6. Evictions in Italy Elena Bargelli and Giulia Donadio 7. Evictions in the Netherlands Michel Vols 8. Evictions in Poland Witold Borysiak 9. Evictions in Slovenia: legal aspects, data limitations and good practices Maša Filipovicˇ Hrast 10. Evictions and homelessness in Spain 2010–2017 Sergio Nasarre-Aznar and Rosa Maria Garcia-Teruel 11. Evictions in the UK: causes, consequences and management Nicholas Pleace and Caroline Hunter Index
£122.00
Edward Elgar Publishing Ltd An Introduction to Fundamental Rights in Europe:
Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index
£85.00
Edward Elgar Publishing Ltd An Introduction to Fundamental Rights in Europe:
Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index
£25.95
Edward Elgar Publishing Ltd Handbook on Human Rights Impact Assessment
Book SynopsisHuman rights impact assessment (HRIA) has increasingly gained traction among state, business and civil society actors since the endorsement of the United Nations Guiding Principles on Business and Human Rights by the Human Rights Council in 2011. This timely and insightful Handbook addresses HRIA in the context of business and human rights. Employing state-of-the-art analysis of current practice, the contributors offer a dynamic overview of contemporary approaches to HRIA, looking ahead to its future trajectories. Chapters present key methodological concepts and new theoretical developments, comparing different approaches from project to sector and governance level. Collectively, these critical appraisals shed light on the role that HRIA can play in addressing the adverse human rights impacts of business activities and fostering sustainable development. Featuring extensive analysis of HRIA practice in a range of industrial contexts and global regions, this Handbook provides crucial insight for practitioners working with impact assessment, human rights, and sustainable development, as well as businesses, investors, government actors and multilateral institutions promoting responsible business conduct. Academics and others investigating human rights and impact assessments in business contexts will also benefit from this book's comprehensive analysis of theoretical developments in HRIA research. Contributors include: T. Bansal, S. Baumgartner, C. Brodeur, E. Buergi Bonanomi, R. Cleland, T.M. Collins, K.Y. Cordes, L.F. de Angulo, R. DeWinter-Schmitt, C. Doyle, G. Factor, B. Feiring, A. González Cavazos, N. Götzmann, J. Harrison, R.F. Jørgensen, S. Joyce, J. Loots, C. Lopez, S. McInerney-Lankford, B. Meyersfeld, I. Musselli, K. Salcito, C. Scheper, S. Szoke-Burke, I. Tamir, J.R. Tedaldi, N. ten Oever, D. Utlu, C.B. Veiberg, M. Wachenfeld, S. Walker, E. Wrzoncki, Y. Wyss, S. ZoenTrade Review‘Setting the tone for what is to date one of the most comprehensive publications on Human Rights Impact Assessment (HRIA), Götzmann provides not only the focus of the Handbook on Human Rights Impact Assessment but also the primary lens through which the book should be read and appraised. Like every good book, the Handbook has left us with more questions than answers.’ -- Adebayo Majekolage, Business and Human Rights Journal'Götzmann singlehandedly brings together an impressive array of high calibre authors to provide readers with a comprehensive Handbook on the topic of human rights impact assessment. With coverage across a variety of sectors, cases, issues, and dilemmas, the volume also offers insights and ideas for forging new pathways towards human rights enjoyment in a complex and contested world.' --Deanna Kemp, Professor and Director, Centre for Social Responsibility in Mining, Sustainable Minerals Institute, The University of Queensland, Australia'The global community today faces a number of challenges and opportunities that bring with them threats to human rights. From intensive infrastructure delivery to natural resource exploitation, from climate change to mass migration, human rights are closely intertwined with environmental and political concerns. This Handbook offers clear-headed, expert advice on how human rights cannot only be considered in these developments but how they can be placed at the centre. The Handbook details leading methods, asserts the importance of diverse perspectives, considers varied socio-cultural contexts, and argues strongly for an interlinkage between project-based assessments and the broader business and human rights sphere. In so doing, the contributors deliver an essential resource for impact assessment practitioners, corporate, civil society and government representatives seeking to improve the consideration and protection of human rights.' --Sara Bice, President (2018-2019) International Association for Impact Assessment, Associate Professor, Crawford School of Public Policy, The Australian National University, Australia'The duty to prepare human rights impact assessments has been, until now, honoured more in the breach than in the observance. This is due both to the lack of political will or good faith and to the complexity of the method. This impressive Handbook answers at least half of the equation: it shall now be for policy-makers and businesses to pick up the gauntlet.' --Olivier De Schutter, former UN Special Rapporteur on the right to food (2008-2014) and Member of the Committee on Economic, Social and Cultural Rights'With a record number of shareholder resolutions filed on human rights due diligence in the 2019 proxy season, investors are increasingly asking companies to disclose how they identify and assess the real and potential adverse human rights impacts of their activities and business relationships. This Handbook provides valuable guidance for investors on a range of factors to consider when engaging companies on HRIAs, including how to ensure meaningful participation of rights-holders; relevant standards and frameworks to foster accountability; and what adequate disclosure of HRIA processes and findings should look like.' -- Paloma Muñoz Quick, Director, Investor Alliance for Human Rights‘If companies are to meet their responsibility to respect human rights, they need a clear understanding of what their impacts on people’s human rights are or could be. The practice of human rights impact assessment is still a developing field, and the sharing of methodologies, insights, successes and challenges is central to its advancement and consolidation. This Handbook offers both practitioners of impact assessment and all of us with an interest in advancing business respect for human rights, an invaluable resource. I challenge anyone not to find fresh ideas, reflections and inspiration in its pages.’ -- Caroline Rees, President and Co-Founder, Shift, US‘An important book for those who want to understand the process of translating corporate human rights due diligence into practical action, and ultimately results for the people affected by company decisions. An essential read for everyone working at the nexus of business and human rights.’ -- Ida Hyllested, Child Rights and Business Specialist at UNICEFTable of ContentsContents: 1. Introduction to the Handbook on Human Rights Impact Assessment: Principles, methods and approaches Nora Götzmann METHODS AND APPROACHES 2. Company-commissioned HRIA: Concepts, practice, limitations and opportunities Kendyl Salcito 3. Community-based HRIA: Presenting an alternative view to the company narrative Caroline Brodeur, Irit Tamir and Sarah Zoen 4. Collaborative and participatory approaches to HRIA: The way forward? Kaitlin Y. Cordes, Sam Szoke-Burke and Tulika Bansal 5. Sector-wide impact assessment: A ‘big picture’ approach to addressing human rights impacts Margaret Wachenfeld, Elin Wrzoncki and Luis F. de Angulo 6. HRIA in the context of trade agreements Simon Walker RIGHTS-HOLDERS IN FOCUS 7. Children’s rights in HRIA: Marginalized or mainstreamed? Tara M. Collins 8. Indigenous peoples’ rights: Is HRIA an enabler for free, prior and informed consent? Cathal Doyle 9. The rights of women and girls in HRIA: The importance of gendered impact assessment Bonita Meyersfeld INDUSTRY CASE STUDIES 10. Knowing and showing: The role of HRIA in the food and beverage sector Yann Wyss and Tulika Bansal 11. Mining in Mexico: Lessons from an ex ante community-based HRIA on the right to water, the right to health and the right to a healthy environment Alejandro González Cavazos 12. Exploring the role of HRIA in the information and communication technologies (ICT) sector Rikke Frank Jørgensen, Cathrine Bloch Veiberg and Niels ten Oever 13. HRIA of trade agreements involving agriculture: Enabling innovative trade options that protect human rights Elisabeth Buergi Bonanomi and Irene Musselli 14. Travel and tourism: A comparative analysis of different HRIA approaches Sibylle Baumgartner and Tulika Bansal 15. Assessing human rights impacts in global value chains: Can HRIA go beyond social audits in the apparel industry? Christian Scheper 16 Infrastructure development in Africa: Making use of HRIA in public–private partnerships Josua Loots CURRENT CHALLENGES AND FUTURE POSSIBILITIES 17. Challenges and strategies for meaningful rights-holder participation in company-commissioned HRIA Susan Joyce 18. Understanding conflict for HRIA Roper Cleland 19. The need for a multidisciplinary HRIA team: Learning and collaboration across fields of impact assessment Rebecca DeWinter-Schmitt and Kendyl Salcito 20. Measuring business impacts on human rights: Practice and trends in the use of indicators for HRIA Cathrine Bloch Veiberg, Gabriela Factor and Jacqueline R. Tedaldi 21. Towards a definition of effectiveness in HRIA Deniz Utlu 22. The concept of accountability in HRIA Nora Götzmann 23. HRIA and the right to an effective remedy Carlos Lopez 24. Human rights, international financial institutions and environmental and social due diligence: The value added of HRIA Siobhán McInerney-Lankford 25. The use of impact assessments by governments and businesses: Questioning purpose and utility James Harrison 26. Realizing human rights and the 2030 Agenda through comprehensive impact assessments: Lessons learned from addressing indigenous peoples’ rights in the energy sector Birgitte Feiring CONCLUSION 27. Conclusion: State-of-the-art of HRIA and ways forward Nora Götzmann Index
£206.00
Edward Elgar Publishing Ltd Behind the Veil: A Critical Analysis of European
Book SynopsisSince the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyses the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments.This timely book considers the most recently passed European laws that target Islamic veiling. The author situates the justifications for anti-veiling laws in the context of a careful analysis of the reasons why women wear veils, and considers these justifications by reference to emerging debates surrounding the relative value of liberalism and human rights, multiculturalism, and the need to protect 'traditional values'. The book concludes that these laws are best viewed as symbolic strikes at a recognizable symbol of an ideological opponent, theorising that their principal purpose is to enable particular countries to reaffirm traditional values in a context of increased domestic opposition to multiculturalism. This engaging work will be valuable reading for students and scholars of human rights law, Islamic law and those interested specifically in the laws and regulations surrounding Islamic veiling around the world.Trade Review'Though people may agree or disagree with his conclusions, anyone interested in the difficult and controversial topic of the restrictions on face-veiling in Europe will benefit from reading the interesting, well-researched and elegantly-argued book Neville Cox has written.' --Ronan McCrea, University College London, UKTable of ContentsContents: 1. Introduction 2. Rationales for Veiling and the Meaning of the Veil 3. Veiling and Rights 4. Terrorism, National Security and the Islamic Veil 5. Women’s Rights, Equality and the Islamic Veil 6. Veiling and Societal Values 7. Veiling and the Rights of Others 8. Symbolic Statements, Clashing Values and European Anti-Veiling Laws Index
£100.00
Edward Elgar Publishing Ltd Research Handbook on Compliance in International
Book SynopsisThis comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in the assessment of regional human rights regimes. Chapters written by leading scholars and practitioners from around the globe cover a wide range of jurisdictions from Europe, Latin America and Africa and their interactions with regional human rights courts. The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law.Scholars, students and practitioners of public international law, international human rights law and comparative law will find this Research Handbook an invaluable resource. It will also benefit officials and lawyers working with international organisations who deal with human rights issues on a regular basis.Trade Review‘This Research Handbook offers a paradigmatic shift towards understanding compliance through the lenses of social impact. A precise and novel examination of forms of non-compliance and contested international human rights norms leads to a broader analytical framework on processes of transformation. In particular, the compelling comparative review of emerging interactions between the three international human rights courts offers an exceptional account of a dialogical international human rights protection. This book is a guide for future research and a renewed understanding of compliance.’ -- Eduardo Ferrer Mac-Gregor, Judge of the Inter-American Court of Human Rights‘This wide-ranging Research Handbook touches on the many facets of compliance across the world’s main human rights systems, with special attention to the roles played by different actors: local and transnational civil society, international organizations, and the many different levels of actors within the state. With a rich array of country studies alongside system-level analyses, it is an essential and thought-provoking resource for human rights scholars and practitioners. It will also be of interest to those interested in the impact of international law and organizations more generally. Ultimately, compliance to human rights judgments and resolutions is a complex and all-too-human political process. This Research Handbook beautifully captures its messiness as well as its potential.’ -- Alexandra Huneeus, University of Wisconsin-Madison, US‘This Handbook provides a fresh look at non-compliance in international human rights law. It is indispensable for all those who want to understand the problems underlying non-compliance, the dynamics of the different actors involved, and the range of options available for tackling non-implementation. The book’s key features include its stringent structure, its well-elaborated comparative approach, and its thought-provoking ideas for combatting neglectful state attitudes. This book sets a new standard for the state of the art in compliance research.’ -- Helen Keller, University of Zurich, Switzerland and former Judge of the European Court of Human RightsTable of ContentsContents: Preface xiii List of abbreviations xiv 1 Compliance in international human rights law: issues, concept, methodology 1 Rainer Grote, Mariela Morales Antoniazzi and Davide Paris PART I EUROPE 2 Securing the survival of the system: the legal and institutional architecture to supervise compliance with the ECtHR’s judgments 12 Raffaela Kunz 3 The ECHR as a constitutional rights catalogue: compliance in Austria 42 Christina Binder and Philipp Janig 4 Compliance in France: a ‘dialogue without words’ 58 Laurence Burgorgue-Larsen 5 Under the watchful eyes of the Federal Constitutional Court: compliance in Germany 75 Nicola Wenzel 6 The chances of observing human rights in an illiberal state: diagnosis of Hungary 95 Eszter Polgári and Boldizsár Nagy 7 Changing me softly? Actors, tools and techniques of international human rights compliance in Italy 121 Giorgio Repetto 8 Assessing Russia’s responses to judgments of the European Court of Human Rights: from (non)-compliance to defiance 136 Ausra Padskocimaite 9 The ‘indirect constitutionalization’ of international human rights law in Spain 183 Encarna Carmona Cuenca and Sara Turturro Pérez de los Cobos 10 Compliance in the UK in the ‘age of subsidiarity’ 202 Alice Donald PART II LATIN AMERICA 11 Compliance as transformation: the Inter-American System of Human Rights and its impact(s) 225 Rene Urueña 12 Argentina: strong linkage between IHRL and domestic law 248 Laura Clérico and Celeste Novelli 13 A multi-level process: compliance with international human rights law in Brazil 272 Flávia Piovesan and Julia Cortez da Cunha Cruz 14 Chile: compliance after ‘kind’ reminders 289 Judith Schönsteiner and Marcela Zúñiga 15 Compliance with international human rights obligations in Colombia: assessing the normative evolution and practical challenges 313 Juana Acosta-López and Giovanny Vega-Barbosa 16 Reparation without access to justice: the incomplete compliance with the judgments of the Inter-American Court of Human Rights in Mexico 329 Guillermo E. Estrada Adán and Patricia Cruz Marín 17 Venezuela: from the structural non-compliance with judgments of the IACtHR to the denunciation of the ACHR and the OAS Charter (a pending matter for a future democratic state) 346 Carlos Ayala Corao PART III AFRICA 18 Forging a credible African system of human rights protection by overcoming state resistance and institutional weakness: compliance at a crossroads 362 Frans Viljoen 19 Compliance with international human rights decisions in Cameroon: mechanisms in place but a lack of transparency 391 Debra Long 20 A pick and pay approach: Burkina Faso’s compliance with international human rights law 407 Kounkinè Augustin Somé PART IV THE UN HUMAN RIGHTS SYSTEM – THE CASE OF THE ICCPR 21 Compliance monitoring under the International Covenant on Civil and Political Rights 425 Anja Seibert-Fohr and Christine Weniger PART V CROSS-CUTTING ISSUES 22 A dialogue with the deaf? The political branches as compliance partners 449 Rainer Grote 23 Judicial compliance in the regional human rights systems 465 Davide Paris 24 NGOs: A critical link to understanding and strengthening compliance of international decisions 484 Mariela Morales Antoniazzi and Viviana Krsticevic 25 Conclusion: moving beyond compliance without neglecting compliance in international human rights law 509 Rainer Grote, Mariela Morales Antoniazzi and Davide Paris Index
£231.00
Edward Elgar Publishing Ltd The Quest for Rights: Ideal and Normative
Book SynopsisIn an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law. What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both ''ideal'' and ''critical'' perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding 'normative' perspective seeks to investigate the broader legal domains of the topic. This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike.Trade Review'The Quest for Rights explores both the meaning of, and justification for, fundamental constitutional rights. It is a quest to establish a strong meaning of the normativity of law, and its role in the social acts of positive law and legal instantiation. The incredibly varied contributions philosophically and critically engage with the thesis of Robert Alexy's ideal dimension of law, and offer a wide discussion of political and legal reasoning alongside the quest for proportionality in the realization of rights. This masterful book should be considered key reading in legal philosophy.' --Jean-Yves Cherot, Aix Marseille University, France'The Quest for Rights brings together an impressive array of scholars to discuss the central issues of human rights and constitutional law: grounds and legitimacy, pluralism and harmonisation, and proportionality and balancing. It is an admirable collection.' --Brian H. Bix, University of Minnesota Law School, US'The book offers an original discussion about law and rights and substantial contributions to the concept of subjective rights which, as Niklas Luhmann said, ''is probably the most important achievement of the evolution of law in modern times.'' It covers rights discourse in legal theory, in the human rights régime, in constitutional law and in private law and focuses on the relation between rights and justice, in which the ideal dimension of law is to be found.' --Thomas Gutmann, University of Muenster, GermanyTable of ContentsContents: Introduction Massimo La Torre, Leone Niglia and Mart Susi 1. A Non-Positivistic Concept of Constitutional Rights Robert Alexy 2. Radbruch’s Formula and Human Rights Martin Borowski 3. The Practice-Independency of Human Rights Luís Pereira Coutinho 4. Constitutional Rights as Moral Judgments Pavlos Eleftheriadis 5. A Response to Estonian Critics of Principles Theory Madis Ernits 6. How Right is the Basis of Law Matthias Kaufmann 7. Turning proportionality upside down: from legitimising principle to critical tool Agustín José Menéndez 8. Human Rights are not Universal and can not be Natural Rein Müllerson 9. Between “Institutionalizing Reason” and Private Law: A Comparative Map of Influences Leone Niglia 10. Balancing fundamental rights on the Internet – proportionality paradigm and private online capabilities Mart Susi 11. An Existential Foundation for Human Rights— Meaning Before Justification Massimo La Torre 12. Principles and policies: once more Kaarlo Tuori Index
£104.00
Edward Elgar Publishing Ltd Contesting Human Rights: Norms, Institutions and
Book SynopsisHuman rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas.Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities.With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape.Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. StohlTrade Review‘This book will definitely serve as a good supplementary text for human rights courses and handy reference for seasoned practitioners and advocates.’ -- Kai-Chung Lo, Johnson Chun-Sing Cheung, Human Rights Review‘Contesting Human Rights is a provocative collection of essays by some of the world’s leading human rights scholars that will challenge the reader to re-think both the successes and the failures of the human rights revolution.’ -- Mark Gibney, University of North Carolina, Asheville, USTable of ContentsContents: 1. Introduction: Contesting Human Rights: Pathways of Change Alison Brysk PART I PATHWAYS 2. Building Momentum: Changes in Advocacy Discourse Around Early Child Marriage, 2011-2017 Amanda Murdie, Baekkwan Park, Jaqueline Hart and Margo Mullinex 3. Tensions in Rights: Navigating Emerging Contradictions in the Emerging LGBT Rights Revolution Phillip M. Ayoub 4. Better Late Than Never? The Evolving Responsibility of Internatioal Organizations George Andreopoulous PART II REGIME DEVELOPMENT 5. A Horizontal Pathway to Impact? An Assessment of the Universal Periodic Review at 10 Pilar Elizalde 6. The Trans-Regional Construction of Human Rights Wayne Sandholtz, Adam Feldman 7. The Effectiveness of an Emerging Pathway of Rights: The Constitutionalization of Human Rights Law Stephen Meili 8. Human Rights Cities: Making the Global Local Michael Goodhart PART III CONTRACTIONS AND LIMITATIONS 9. Advocacy and Accountability in the Age of Backlash: NGOs and Regional Courts Courtney Hillebrecht 10.What Went Wrong: Backlash and Contradictions in Central and Eastern Europe Patrice C. McMahon 11. Emerging Contradictions in US Human Rights Policy: The Trump Agenda The Trump Agenda Clair Apodaca 12. It Was The Best of Times, It Was The Worst of Times: Conclusions on Contesting Human Rights Michael Stohl Index
£104.00
Edward Elgar Publishing Ltd A Research Agenda for Human Rights
Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity.Chapters written by international experts cover a broad range of topics including humanitarianism, transitional justice, economic rights, academic freedom, women's rights, environmental justice, and business responsibility for human rights. The book highlights the importance of contemporary research agendas for human rights being centred on questions of governance and fulfilment, shifting responsibilities, rights interdependence and global inequality.This is a critical read for students and scholars of human rights law, politics and international relations. The strong forward-looking agenda and coverage of a large number of fields within human rights studies will be helpful for advanced students looking for new areas of study for research projects.Trade Review'This very timely volume looks forward to a dynamic new interdisciplinary agenda for human rights research. Including chapters on the origins of human rights, the insights economics offers for women's rights and the imminent dangers of environmental activism, it illustrates the diverse approaches to human rights scholarship as well as the urgent need for it. Michael Stohl and Alison Brysk's A Research Agenda for Human Rights is an excellent riposte to recent assertions about the end or futility of the human rights project.' -- Neil Mitchell, University College London, UKTable of ContentsContents: 1 Introduction to A Research Agenda for Human Rights: Generations of human rights scholarship 1 Alison Brysk 2 The study of human rights history: A corpus-based linguistic approach to ’human rights‘ in the nineteenth-century British press 9 Eetu Vento 3 Humanitarianism: Coping in the void 23 David P. Forsythe 4 ‘People out of place’: Developing a human rights research agenda on internally displaced persons 37 Champa Patel 5 International human rights law: Progress and prospects 51 Kyle Rapp and Wayne Sandholtz 6 The future of transitional justice: Mercy or impunity? 75 Iosif Kovras 7 Academic freedom as a human right 89 George Andreopoulos 8 Socio-economic rights: Consolidating progress, charting future directions 111 Inga T. Winkler 9 Women’s rights: Then and now 127 Feryal Cherif 10 Inhumane environments: Global violence against environmental justice activists as a human rights violation 141 Jeff Feng, Matto Mildenberger and Leah C. Stokes 11 The public, the private, and the business-societal: A threefold approach to business responsibility for human rights 155 Janne Mende 12 Understanding human rights at the local level 173 Gerd Oberleitner and Klaus Starl Index 187
£90.00
