Human rights, civil rights Books

Book SynopsisThe concern over rising state violence, above all in Latin America, triggered an unprecedented turn to a global politics of human rights in the 1970s. Patrick William Kelly argues that Latin America played the most pivotal role in these sweeping changes, for it was both the target of human rights advocacy and the site of a series of significant developments for regional and global human rights politics. Drawing on case studies of Brazil, Chile, and Argentina, Kelly examines the crystallization of new understandings of sovereignty and social activism based on individual human rights. Activists and politicians articulated a new practice of human rights that blurred the borders of the nation-state to endow an individual with a set of rights protected by international law. Yet the rights revolution came at a cost: the Marxist critique of US imperialism and global capitalism was slowly supplanted by the minimalist plea not to be tortured.Trade Review'In this lucid, informed, and clear account, Kelly shows how a succession of regimes in the 1960s, 70s and 80s chose the human body as their staging ground for ideological warfare, and how out of these nightmares the defense of what came to be known as human rights was born. An indispensable history of modern Latin America.' Alma Guillermoprieto, former journalist for The Guardian, the Washington Post, and The New York Times, and author of The Heart that Bleeds: Latin America Now'This book is an important contribution to the history of human rights discourse and activism from a transnational perspective that documents and analyzes an important process that took place in the 1970s regarding the way Latin American exiles and those concerned about the wave of repression in South America responded to reports of arrest, torture, and the disappearance of political activists.' James Green, Carlos Manuel de Céspedes Professor of Modern Latin American History, Brown University, Rhode Island'Finally, a careful and thoroughly researched study on the contributions of Latin America to the international human rights canon. The last few decades have greatly expanded the substance of what we consider rights, and incorporated the 'language of rights' into all areas of public policy. In that recent history, Latin American advocates, jurists and human rights defenders have created models that break barriers of cultural relativism and contribute to the universality of human dignity from the lessons of tragedy and triumph that are so eloquently described in these pages.' Juan E. Méndez, American University, Washington, DC, and Commissioner, International Commission of Jurists'Patrick William Kelly's first book is an important contribution to the burgeoning literature on the human rights revolution of the 1970s … [It] offers insightful comments about the role of Latin American exiles in this revolution, includes fascinating digressions about testimonial truth, and, all in all, provides a successful model to those interested in writing empirically grounded transnational histories.' Alfonso Salgado, Journal of Contemporary History'Sovereign Emergencies is a rich kaleidoscope that emphasizes the importance of writing histories that underscore plurality in the formation of the ideas and practices that animate international politics. In doing so, Kelly offers a new view of global politics as a process that does not occur top-down but in a multitude of directions that can be grasped only by portraying diverse encounters.' Jorge González-Jácome, The Journal of Interdisciplinary History'Kelly has managed to write a convincing and detailed account not only about transnational human rights activism in the Americas and Western Europe, but has also made an important contribution to the still recent historiography on human rights more generally. The author has achieved this by pointing out the importance for detail, nuance, and clarity when dealing with the different aspects of human rights and its 'breakthrough' in the 1970s.' Philipp Kandler, Global Histories'Sovereign Emergencies is a fantastic read. It foregrounds Latin America in the human rights revolution of the 1970s, offers insightful comments about the role of Latin American exiles in this revolution, includes fascinating digressions about testimonial truth, and, all in all, provides a successful model to those interested in writing empirically grounded transnational histories.' Alfonso Salgado, Journal of Contemporary HistoryTable of ContentsList of figures; Introduction; 1. Torture in Brazil; 2. The emergency in Chile; 3. Transnational solidarity; 4. Redefining sovereignty; 5. The origins of American human rights activism; 6. The global specter of Argentina's disappeared; 7. Argentina and the inter-American system; Epilogue: the promise and limits of the human rights cascade; Index.

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Book SynopsisThe families of the disappeared have long struggled to uncover the truth about their missing relatives. In so doing, their mobilization has shaped central transitional justice norms and institutions, as this ground-breaking work demonstrates. Kovras combines a new global database with the systematic analysis of four challenging case studies - Lebanon, Cyprus, South Africa and Chile - each representative of a different approach to transitional justice. These studies reveal how variations in transitional justice policies addressing the disappeared occur: explaining why victims'' groups in some countries are caught in silence, while others bring perpetrators to account. Conceiving of transitional justice as a dynamic process, Kovras traces the different phases of truth recovery in post-transitional societies, giving substance not only to the ''why'' but also the ''when'' and ''how'' of this kind of campaign against impunity. This book is essential reading for all those interested in the dTable of Contents1. Introduction; Part I. Methods and Theory: 2. Methodological and theoretical innovations in the use of databases in transitional justice; Part II. Global and Historical Perspectives: 3. The daughters of Antigone in Latin America: Argentinian mothers; 4. 'Forensic cascade': the technologies and institutions of truth; 5. The 'missing' tale of human rights; Part III. National Perspectives: 6. Institutionalized silences for the missing in Lebanon; 7. Cyprus: the bright side of a frozen conflict; 8. Truth commissions and the missing: TRC's 'unfinished business'; 9. Poetic justice: the Chilean desaparecidos; 10. Conclusions: five lessons for transitional justice.

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Book SynopsisThe recent Colombian peace negotiations took the art and science of negotiating transitional justice to unprecedented levels of complexity. For decades, the Colombian government fought a bitter insurgency war against FARC guerrilla forces. After protracted negotiations, the two parties reached a peace deal that took account of the rights of victims. As first-hand participants in the talks, and principal advisers to the Colombia government, Mark Freeman and Iván Orozco offer a unique account of the mechanics through which accountability issues were addressed. Drawing from this case study and other global experiences, Freeman and Orozco offer a comprehensive theoretical and practical conception of what makes the ''devil''s dilemma'' of negotiating peace with justice implausible but feasible.Trade Review'This book is a rigorous, fascinating, and provocative analysis of the dramatic challenge faced when pursuing peace and, at the same time, accountability. The authors' robust, honest, and sometimes controversial reflections make this a must-read for those who want to understand the theory and practice of negotiating transitional justice and ending violent conflict. The lessons it offers can literally save lives.' Catalina Botero Marino, Dean of Law Faculty, Universidad de los Andes'Transitional justice is a central issue in many peace talks, yet there is remarkably little literature focusing on how demands of accountability can be harmonised with political pragmatism. This book makes an original and important contribution, both in general theoretical terms and through the authors' firsthand account of the complex negotiation between the Colombian government and the FARC. I strongly recommend the book not only to scholars, but also to practitioners from the fields of mediation and transitional justice.' Christine Bell, University of Edinburgh'What does it mean to negotiate justice and accountability issues inside a peace process? Drawing on their direct experience of the Colombian peace talks with the FARC, Freeman and Orozco have produced a book of exceptional intellectual honesty and mastery. Their ideas and insights could change the way diplomats, peacemakers, human rights activists, and warring factions of all sorts understand and deal with a key political dilemma of our time.' Thierry Cruvellier, Editor-in-Chief, JusticeInfo.net'In this timely and seminal book, Freeman and Orozco address an issue at the heart of the current discussion on transitional justice in Colombia and beyond: How much justice - and what form - is needed to build lasting peace? This book should be required reading for anyone interested in tracing the development of the Colombian transitional justice model as well as in understanding the tough political discussions that accompanied this process.' Angelika Rettberg, Universidad de los Andes'This book takes a unique approach in that it is divided into two distinct components, each written primarily by one of the two authors. The first part (by Freeman, Institute for Integrated Transitions, Spain) is a comprehensive overview of the issues surrounding negotiating justice in the context of a peace process. Freeman provides an excellent framework for understanding the topic, so this section will be particularly useful for undergraduates. The second part (by Orozco, Universidad de los Andes, Colombia) includes essays on the recently concluded Colombian peace process, in which both authors were involved as independent advisors. The book focuses on issues of justice but offers much more than that … This accessible book will be a valuable addition to the literature on peace, conflict, human rights, international law, and Latin American politics.' A. G. Reiter, ChoiceTable of ContentsPart I. Negotiating Transitional Justice: A Conceptual Framework: 1. General considerations; 2. The role of international law; 3. Elements of practice; 4. Conclusions; Part II. Negotiating Transitional Justice: The Case of Colombia; 5. The context; 6. The experience; 7. Conclusions; Appendix 1: basic information about the Havana negotiation; Appendix 2: the legal framework for peace (2012); Index.

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Book SynopsisIn this definitive new account of the emergence of human rights activism in post-war Britain, Tom Buchanan shows how disparate individuals, organisations and causes gradually came to acquire a common identity as ''human rights activists''. This was a slow process whereby a coalition of activists, working on causes ranging from anti-fascism, anti-apartheid and decolonisation to civil liberties and the peace movement, began to come together under the banner of human rights. The launch of Amnesty International in 1961, and its landmark winning of the Nobel Peace Prize in 1977 provided a model and inspiration to many new activist movements in ''the field of human rights'', and helped to affect major changes towards public and political attitudes towards human rights issues across the globe.Trade Review'This is a major intervention in the study of human rights. Buchanan's enthralling history of Amnesty International is superbly researched and written. It explores one of the key organizations involved in developing both the conceptual and practical meaning of human rights – itself one of the defining terms of the post-war period. Transnational in its range across the British empire, Chile, Greece and beyond, it offers refreshing new perspectives on British political culture from the 1940s to 1970s.' Lawrence Black, University of York'A meticulous account of how human rights sprang into life in post-War Britain. Packed with personalities and progressive societies – especially Amnesty – Tom Buchanan has shown how the shaping of human rights in the decades before the Human Rights Act made that measure possible, and shown as well how human rights must always be about more than law if they are to thrive. A considerable scholarly achievement.' Conor Gearty, London School of Economics and Political Science'If one organisation is synonymous with human rights, it is Amnesty International. In unprecedented detail, Tom Buchanan shows us Amnesty in its postwar context, skilfully weaving together the various strands of social, political and religious activism that gave birth to it and which led, in time, to the global human rights movement as a whole. A must-read for anyone interested in the history of human rights.' Stephen Hopgood, School of Oriental and African Studies, University of London'The conclusion is excellent, dealing with individual agency compared to 'the winds of history,' visionaries compared to effective managers, and law compared to social movements.' D. P. Forsythe, ChoiceTable of ContentsIntroduction; 1. Dawn: 1934–50; 2. Africa, decolonisation and human rights in the 1950s; 3. Political imprisonment and human rights, 1945–64; 4. The early years of Amnesty International, 1961–4; 5. 'The crisis of growth', Amnesty International 1964–68; 6. 1968: the UN Year for Human Rights; 7. Torture states: 1967–75; 8. 'All things come to those who wait': the later 1970s; Conclusion. The winds of history.

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Book SynopsisThe 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa''s economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution''s external influence on constitutionTable of Contents1. Introduction Rosalind Dixon and Theunis Roux; 2. Mission in progress: towards an assessment of South Africa's Constitution at 20 Catherine O'Regan; 3. The performance of socio-economic rights in the South African Constitution David Bilchitz; 4. Proceduralism's promise: the Constitutional Court, social and economic rights and democracy Steven Friedman; 5. Corruption, the rule of law and the role of independent institutions Heinz Klug; 6. Violence against women in South Africa: constitutional responses and opportunities Beth Goldblatt; 7. Toward reparative transformation: revisiting the impact of violence against women in a post-TRC South Africa Andrea Durbach; 8. The constitutional goal of transforming education: the South African Constitutional Court in comparative perspective Julie C. Suk; 9. Race, inclusiveness and transformation of legal education in South Africa Penelope Andrews; 10. The contribution of the South African Constitution to Kenya's Constitution Jill Cottrell Ghai and Yash Ghai; 11. Multi-stage constitution-making: from South Africa to Chile? Joel Colón-Ríos; 12. A cure for coups: the South African influence on Fijian constitutionalism Coel Kirkby; 13. Policing democracy: the influence of South Africa's post-apartheid security arrangements on police oversight under Kenya's 2010 Constitution Richard Stacey; 14. The diffusion of South African-style institutions? A study in comparative constitutionalism Charles Manga Fombad; 15. Constitutionalism, legitimacy, and public order: a South African case study Aziz Z. Huq; 16. South African social rights jurisprudence and the global canon: a revisionist view David Landau.

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Book SynopsisThe LGBTI community in Turkey face real dangers. In 2015, the Turkish police interrupted the LGBTI Pride march in Istanbul, using tear gas and rubber bullets against the marchers. This marked the first attempt by the authorities to stop the parade by force, and similar actions occurred the following year. Here, Fait Muedini examines these levels of discrimination in Turkey, as well as exploring how activists are working to improve human rights for LGBTI individuals living in this hostile environment. Muedini bases his analysis on interviews taken with a number of NGO leaders and activists of leading LGBTI organisations in the region, including Lambda Istanbul, Kaos GL, Pembe Hayat, Social Policies, Gender Identity and Sexual Orientation Studies Association (SPoD), and Families of LGBT''s in Istanbul (LISTAG). The original information provided by these interviews illuminate the challenges facing the LGBTI community, and the brave actions taken by activists in their attempts to challengeTable of Contents1. Islam, public opinion, and homosexuality in Turkey and the 'Muslim world'; 2. The history of human rights abuses against the LGBTI community in Turkey; 3. The lack of legal protections for the LGBTI community in Turkish law; 4. LGBTI advocacy methods and approaches: looking at the wider field; 5. The use of media in promoting sexual minority rights in Turkey; 6. Political, electoral, and legislative strategies for LGBTI rights; 7. Other forms of LGBTI rights based advocacy; 8. Challenges facing the LGBTI movement in Turkey; 9. Conclusion.

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Book SynopsisFor all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on ''carceral animal law'' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.Trade Review'A groundbreaking call to conscience. Marceau firmly positions animal advocacy alongside broader struggles for social justice, and speaks to our shared values. This is the future of animal law.' Will Potter, author of Green is the New Red: An Insider's Account of a Social Movement Under Siege'Beyond Cages challenges the animal protection movement to critically examine its historical reliance on criminal law. Marceau rightly claims that the movement is ready for this internal critique, and he draws upon his expertise in animal law and criminal law to deliver it with great eloquence and persuasion. The animal protection movement will not - and indeed should not - be the same as a result of Beyond Cages.' Kristen Stilt, Harvard Law School'In this bold book, Marceau critiques the abject alliance between US animal rights organizations and the criminal justice system, and calls out the moral and political hypocrisy of celebrating racialized imprisonment, deportation, and privatized prosecutions as strategies of progressive social change. I hope Beyond Cages augurs a wholesale rejection of simplistic scapegoating in favor of alternative strategies inspired by more thoughtful illuminations of our collective complicity in deeply interconnected structures of oppression.' Timothy Pachirat, author of Every Twelve Seconds: Industrialized Slaughter and the Politics of Sight'Arguments that cruelty to nonhuman animals render humans cruel to each other date back to at least the eighteenth century. In this groundbreaking book, Justin Marceau explains how the criminalization of animal cruelty - often justified by the link between the human propensity to harm others humans if they are violent to nonhuman animals - has been a mistaken focus for the animal law movement. A law-and order approach, what Marceau calls 'Carceral Animal Law', does not fit with a civil rights movement for nonhuman animals. This is a very important intervention, working with what is often treated as common sense and breaking it down by asking the hard questions that need to be put about what is appropriate, effective, and humane when dealing with those who harm or abuse nonhuman animals. Beyond Cages is a must read for anyone interested in animal law, criminal law, and the (at times errant) logic of social justice movements past and present.' Angela Fernandez, University of TorontoTable of Contents1. Introduction; 2. Incarcerating humans as a salient feature of animal protection; 3. Context: an overview of the mass criminalization problem; 4. A descriptive account and typology of the carceral animal law system; 5. Specific critiques of the carceral turn in animal protection; 6. Race, mass-criminalization and animal law; 7. Punishment and the 'Link' between animal abuse and human violence; 8. Anticipating challenges to the critique of carceral animal law; 9. Conclusion: towards a new research and advocacy agenda for animal protection.

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Book SynopsisIslamophobia and the Law is a foundational volume of critical scholarship on the emerging form of bigotry widely known as Islamophobia. This book brings together leading legal scholars to explore the emergence and rise of Islamophobia after the 9/11 terror attacks, particularly how the law brings about state-sponsored Islamophobia and acts as a dynamic catalyst of private Islamophobia and vigilante violence against Muslims. The first book of its kind, it is a critical read for scholars and practitioners, advocates and students interested in deepening their knowledge of the subject matter. This collection addresses Islamophobia in race, immigration and citizenship, criminal law and national security, in the use of courts to advance anti-Muslim projects and in law and society.Trade Review'The strength of the collection is its focus on a much-talked-about but poorly understood concept and its accessibility for readers not well versed in legal scholarship.' H. Shambayati, ChoiceTable of ContentsIntroduction Khaled A. Beydoun and Cyra Akila Choudhury; Part I. Race and Citizenship: 1. The citizen and the terrorist Leti Volpp; 2. Race, civil rights, and immigration law after September 11, 2001: the targeting of Arabs and Muslims Susan Akram and Kevin Johnson; 3. Constructing good aliens and good citizens: legitimizing the war on terror(ism) Karen Engle; 4. A rage shared by law: post-September 11 racial violence as crimes of passion Muneer I. Ahmad; Part II. The Politics of Islamophobia in the Courts: 5. The lost story of Iqbal Shirin Sinnar; 6. 'Muslim bans' and the (re)making of political Islamophobia Khaled A. Beydoun; 7; 'Islamic law' in US courts: judicial jihad or constitutional imperative? Faisal Kutty; Part III. Islamophobia in Criminal Law, and National Security Law: 8. A Muslim registry: a look at past practices and what may come next Abed A. Ayoub; 9. National security's broken windows Amna Akbar; 10. Muslim radicalization in prison: responding with sound penal policy or the sound of alarm? SpearIt; Part IV. Law, Society, and Islamophobia: 11. Property lawfare: historical racism and present Islamophobia in anti-mosque activism Cyra Akila Choudhury; 12. 'Liberty and death' Karen Rhone; 13. The gender of Islamophobia Aziza Ahmed; 14. Coercive assimilationism and Muslim women's identity performance in the workplace Sahar F. Aziz; Index.

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Book SynopsisRegime Consolidation and Transitional Justice explores the effect of transitional justice measures on ''regime consolidation'', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey''s long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always ''more'' democratic than theirTable of Contents1. Introduction; 2. Methodology; 3. The concept of regime change and consolidation; 4. Transitional justice measures; 5. The case studies: Germany, Spain and Turkey; 6. Regime consolidation through transitional justice.

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Book SynopsisDistinguishing between civilians and combatants is a central aspect of modern conflicts. Yet such distinctions are rarely upheld in practice. The Civilianization of War offers new ways of understanding civilians'' exposure to violence in war. Each chapter explores a particular approach to the political, legal, or cultural distinctions between civilians and combatants during twentieth-century and contemporary conflicts. The volume as a whole suggests that the distinction between combatants and non-combatants is dynamic and oft-times unpredictable, rather than fixed and reciprocally understood. Contributors offer new insights into why civilian targeting has become a strategy for some, and how in practice its avoidance can be so difficult to achieve. Several discuss distinct population groups that have been particularly exposed to wartime violence, including urban populations facing aerial bombing, child soldiers, captives, and victims of sexual violence. The book thus offers multiple perspectives on the civilmilitary divide within modern conflicts, an issue whose powerful contemporary resonance is all too apparent.Trade Review'The twentieth century saw greater protections for civilians in war as well as the mass targeting of non-combatants by states and non-state actors alike. This highly readable volume offers a coherent and thought provoking analysis of these two entangled trends.' Joe Maiolo, King's College LondonThis collection addresses a subject of vital contemporary pertinence, that of the civilianization of war. Global in scope, multi-disciplinary in approach and theoretically sophisticated, the chapters provide stimulating case studies that together highlight the complex and changing nature of the civil-military divide as well as the tragic vulnerability of civilians.' Talbot Imlay, Université Laval, Quebec'Remarkable for both its multi-disciplinary perspective and historical and geographic coverage, this volume brings together an outstanding group of scholars to address an issue of critical significance: the causes and consequences of changes in the boundaries between combatants and civilians in war. A bold contribution to the literature on conflict.' Stathis Kalyvas, University of OxfordTable of ContentsIntroduction: the civilianization of war and the unpredictable civil-military divide, 1914–2014 Andrew Barros and Martin Thomas; Part I. Who Fights? Combatants, Mobilization, and the Changing Nature of War: Sections 1. The 'Total War' Era, 1914–45: 1. Doing the necessary: the declaration of London and British strategy, 1905–1915 John Ferris; 2. Fighting the fifth column: the terror in republican Madrid during the Spanish Civil War Julius Ruiz; 3. Moscow 1941: the rise and fall of the Soviet People's Militia (Narodnoe Opolchenie) Jean Lévesque; Section 2. The Cold War and Decolonization, 1945–2000: 4. The collapsing civil-military divide in wars of decolonization: two case studies from the Indochina War (1945–54) Christopher Goscha; 5. Parallel ambiguities: prisoners during the Algerian War of Independence Raphaëlle Branche; 6. East Pakistan/Bangladesh 1971–72: how many victims, who, and why? Christian Gerlach; 7. 'I wasn't a boy, I was a soldier': militarization and civilianization in narratives of child soldiers in Africa's contemporary conflicts, c. 1990–2010 Stacey Hynd; Part II. A Moving Target: Strategic Bombing and Civilians, 1916–2014: 8. The problems of opening Pandora's box: strategic bombing and the civil-military divide, 1916–39 Andrew Barros; 9. Bombing civilians scientifically: operational research in Bomber Command, 1941–45 Victor Bissonnette; 10. Creating a cordon sanitaire: US strategic bombing and civilians in the Korean War Alexander Downes; 11. 'One hell of a killing machine': how a civilian agency became the vanguard of America's War on Terror Chris Fuller; Part III. Civilian Protection and International Norms and Organizations: When and How Much?: 12. Turn everyone into a civilian: René Cassin and the UNESCO project, 1919–45 Andrew Barros; 13. Human rights is the continuation of war by other means: the United States and the creation of the United Nations Human Rights Commission, 1945–48 Olivier Barsalou; 14. The United Nations, decolonization, and violence against civilians in the French and British Empires Martin Thomas; 15. The 'protection of civilians': peacekeeping's new raison d'être? Frédéric Mégret.

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Book SynopsisDiplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate ''peace versus justice'' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting Table of ContentsIntroduction; 1. Accountability: diplomatic and judicial process; 2. Legal expertise: implications of legal terminology in diplomatic processes; 3. Compliance: enforcing international arrest warrants through diplomacy; 4. Timing and signaling: implications of judicial and diplomatic process; 5. Alignment: identifying potential alignments between diplomatic and judicial processes.

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Book SynopsisOf the many issues polarizing societies today, immigration is one of the most contentious. In the United States, as in Europe, immigration was a defining issue in recent national elections. Immigration not only involves government policies but also the human rights of millions of people. American Presidents, Deportations, and Human Rights Violations studies how recent immigration policies in the United States developed during the Obama administration and are now being expanded in the first months of the Trump presidency. Documenting the harsh treatment of immigrants over the past twenty years, Bill Ong Hing shows how mass detention and deportation of immigrants, from Clinton''s two terms and the Bush administration, have escalated even higher. This book questions what price the United States is willing to pay for such harsh immigration policies in terms of our national values, and the impact on the lives of the millions of immigrants who deserve the full protection of universal human rTrade Review'In this tour de force, Bill Ong Hing critically analyzes the immigration records of American Presidents from Jimmy Carter to Donald Trump, with a particular focus on the harsh treatment of immigrants during the presidency of Barack Obama; often thought of as a friend of immigrants. With stories of the harsh treatment of the immigrants themselves, American Presidents, Deportations, and Human Rights Violations reveals the cruel realities of American immigration policy, which President Trump has taken to new and frightening heights.' Kevin R. Johnson, Dean, University of California, Davis School of Law'Through the lens of unaccompanied migrant children experiences, Bill Ong Hing unearths the infrastructure laid out by the previous six presidential administrations on which the Trump administration has built its enforcement policies. In lucid, engaging prose seeped with humanity, Ong Hing makes accessible a wealth of legal knowledge interspersed with vivid stories in the immigrants' own voices, in the process offering possibilities for action. The result is a powerful tour de force that should be of interest to anyone who cares about immigrants, law, and justice. Highly recommended!' Cecilia Menjívar, Dorothy Meier Endowed Chair, Department of Sociology, University of California, Los Angeles'Bill Ong Hing's timely work assesses contemporary immigration enforcement policies within a rich historical framework. Lawyers and legal scholars will learn from Ong Hing's expert legal analysis, but his frank prose also ensures that this work will be accessible to scholars across disciplines and to policy makers interested in taking on the injustices of the current system.' Jennifer M. Chacón, Chancellor's Professor of Law, University of Califorania, Irvine School of Law'Remarkably knowledgeable about immigration history and on-the-ground practice, Bill Ong Hing lets no one off the hook – not Clinton, not Bush, not Obama, not Trump – for the trauma the US has imposed on immigrants and immigrant communities. Have the courage to read what Ong Hing writes, precisely because you'll feel as enraged as you are sad, perhaps because then we'll rise up to declare the status quo downright immoral, often illegal, and utterly unacceptable.' Gerald P. López, author of Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice'A timely and invaluable contribution to our national discussion on immigration issues, American Presidents, Deportations, and Human Rights Violations should have as wide a readership as possible.' James A. Cox, Midwest Book Review'The book offers a moral urgency about the human rights violations embedded in U.S. immigration policies over the last 50 years. It will resonate within and beyond the academy: for lawyers, law students, political scientists, and policymakers. The book is accessible to college students and advocates.' Law and Politics Book Review (www.lpbr.net)Table of ContentsIntroduction – deportation champion: Part I. Clinton and Bush Lead the Way for Others: 1. Nightmarish ICE enforcement tools; Part II. Obama's Shame: 2. Deporting unaccompanied children; 3. Family detention centers: creation, conditions, and continued detention; 4. Country conditions: why women and children flee the Northern Triangle; 5. Challenges to obtaining relief – asylum, right to counsel, due process, and mental health considerations; Part III. Entering the Trump ICE Age: 6. Contextualizing the Trump immigration enforcement regime; Part IV. And the Winner Is …: 7. Closing – a new deportation king; Epilogue – disrupting the deportation royalty.

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Book SynopsisThe Hidden Hands of Justice: NGOs, Human Rights, and International Courts is the first comprehensive analysis of non-governmental organization (NGO) participation at international criminal and human rights courts. Drawing on original data, Heidi Nichols Haddad maps and explains the differences in NGO participatory roles, frequency, and impact at three judicial institutions: the European Court of Human Rights, the Inter-American Human Rights System, and the International Criminal Court. The Hidden Hands of Justice demonstrates that courts can strategically choose to enhance their functionality by allowing NGOs to provide needed information, expertise, and services as well as shame states for non-cooperation. Through participation, NGOs can profoundly shape the character of international human rights justice, but in doing so, may consolidate civil society representation and relinquish their roles as external monitors.Trade Review'NGOs are an integral part of international criminal justice, and Heidi Nichols Haddad does an excellent job explaining why NGOs are involved in judicial mechanisms, what they do, and how their involvement matters. Clearly written and theoretically informed, the book focuses on three different international courts and provides rich empirical details to support her argument. Thanks to Heidi Nichols Haddad the partnership between international courts and NGOs will no longer be ignored.' Patrice C. McMahon, University of Nebraska, Lincoln'This book presents one of the first systematic analyses of the role and impact of NGOs before international courts. Combining qualitative and quantitative approaches, the book manages to shed light on key participants of international law that are very often overlooked. This book is full of insights and presents a highly convincing analysis. It is highly recommended to both students and scholars of international law and adjudication.' Mikael Rask Madsen, Director of iCourts, Centre of Excellence for International Courts'In The Hidden Hands of Justice, Heidi Nichols Haddad delivers a path breaking scholarly account of the myriad ways that NGOs interact with, support, legitimize, and seek to influence three of the most important contemporary supra-national courts. This book should command great interest from scholars, policymakers, and activists interested in gaining a deeper understanding of the potential as well as the limitations of NGOs in advancing human rights, international courts, and global governance more generally.' Victor Peskin, Arizona State University, University of California, Berkeley and author of International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State CooperationTable of ContentsIntroduction: the overlooked partnerships; 1. Mapping NGO participation; 2. Seeking voice at the European Court of Human Rights; 3. Revitalizing the inter-American Human Rights System; 4. Rearing the fledging International Criminal Court Part I; 5. Rearing the fledging International Criminal Court Part II; Conclusion: NGOs and international human rights justice.

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Book SynopsisBy executive order, the US adopted an immigration policy that looks remarkably similar to a Muslim ban, and threatened to deport long-settled residents, such as the so-called Dreamers. Our defunct refugee system has not dealt adequately with increased refugee flows, forcing desperate people to undertake increasingly risky measures in efforts to reach safe havens. Meanwhile increased migration flows over recent years appear to have contributed to a rise in right-wing populism, apparently driving phenomena such as Brexit and Trumpism. In this original and insightful book Gillian Brock offers answers and tools that assist us in evaluating current migration policy and in helping to determine which policies may be permissible and which are normatively indefensible. She offers a comprehensive framework for responding to the many challenges which have recently emerged, and for delivering justice for people on the move along with those affected by migration.Trade Review'Brock's excellent book challenges readers to think carefully about what allows us to make policies around immigration and refugees that serve the interests of our citizens. In so doing, her book helps us to think deeply about what a just world would look like for migrants and non-migrants alike.' Serena Parekh, Journal of Global EthicsGillian Brock's book is a vital contribution to the existing philosophical literature on the ethics of migration. It engages in an original and incisive analysis of how respect for human rights ought to guide immigration policy today.' Desiree Lim, Ethics'Justice for People on the Move will be invaluable for those seeking clear ethical metrics for evaluating recent immigration policies. Brock deftly navigates between exploring current events and providing sound philosophical reasoning. Her capacious ethical framework draws from her prior work on global justice and solidly grounds arguments regarding policies that affect the human rights of migrants and refugees.' Paulina Ochoa Espejo, Haverford College'Gillian Brock directly engages the issues at the heart of our public debate: the US Muslim Ban, deportation of irregular migrants, refugee policy, temporary guestworker programs, and strategies for combating terrorism. Brock's excellent book has done us a great service by bringing the tools of philosophy to bear on these issues.' Anna Stilz, International Journal of Applied Philosophy'Gillian Brock's compelling and richly textured new book aims to set out a human-rights-based framework for thinking about justice in migration.' Andrea Sangiovanni, International Journal of Applied Philosophy'Justice for People on the Move is an important contribution to the political philosophy of immigration. It is humane and compassionate toward the world's most vulnerable migrants, refugees, while nonetheless seeking to understand the misguided thinking behind the attraction of anti-immigrant rhetoric for many ordinary people, as well as whose interests roadblocks in the ways of progress on migration justice serve.' Matthew Lindauer, Res Publica'Justice for People on the Move presents an important research program. Its core insight, that migration contexts should be understood not as natural justificatory deserts but rather as gaps in international human rights protection that need cooperatively to be filled, importantly sets us on the right track in thinking about contemporary migration challenges.' Jiewuh Song, Res Publica'… a fine book … that explores how the values embedded in the post-war human rights framework can be applied to illuminate the tensions between the rights of political communities to self-determination and the rights and aspirations of migrants and refugees.' Christopher Bertram, Mind'Brock's framework … does highly important work. Justice for People on the Move is an exciting book of great practical ambition, and its human rights framework facilitates its considerable capacities for action guidance.' David Owen, Ethics and Global Politics book symposium'A powerful, new account of migration justice, and as exciting, … contribution to normative debates on climate displacement.' Shelley Wilcox, Ethics and Global Politics book symposium'A significant contribution to the literature on migration justice. The book situates itself as a core reading for anyone interested in global migration justice and provides an excellent bridge between International Relations and Political Theory.' Merve Edilman, Journal of Refugee Studies'Her argument is a powerful and searing indictment of the inadequacy of present efforts and attitudes towards migrants and refugees. We should learn the lessons Brock offers, as well as investigate alternative pathways for clearing more access routes to developed states for people on the move. Pandemic aside, the international community ought to do much better, and this book offers one such path forward.' Carmen Pavel, Ethical PerspectivesTable of Contents1. New migration justice challenges and how to solve them: an overview; 2. Migration, justice and territory: towards a justificatory framework; 3. Self-determination, legitimacy, and the state system: a normative framework; 4. Muslim bans; 5. Irregular migration; 6. Refugees; 7. Temporary labor migration; 8. Terrorism and migration; 9. Migration in a legitimate state system: problems, progress and prospects.

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Book SynopsisHow is international criminal law adapted across time and space? Which actors are involved and how do those actors seek to prosecute atrocity crimes? States in Southeast Asia exhibit a range of adapted approaches toward prosecuting international crimes. By examining engagement with international criminal justice especially in Cambodia, the Philippines, Indonesia, and Myanmar, this book offers a fresh and comprehensive approach to the study of international criminal law in the region. It nuances categories of the ''global'' and ''local'' and demonstrates how norms can be adapted in multiple spatial and temporal directions beyond the International Criminal Court. It proposes a shift in the focus of those interested in international criminal justice toward recognising the opportunities and expertise presented by existing adaptive responses to international crimes. This book will appeal to scholars, practitioners and advocates interested in international criminal law, international relations, transitional justice, civil society, and law in Southeast Asia.Trade Review'At a time when support for the ICC has waned in regions where it was once strong, Emma Palmer explores the impact of international criminal justice in a region which has the world’s lowest rate of Rome Statute ratifications. Just as the conviction of Habre in Dakar, and the removal and prosecution of Bashir in Khartoum, gives us hope for justice outside The Hague, Palmer’s excellent in-depth research of four countries resistant to the formal global system shows that international norms are being adapted and having a protective impact at the local level.' Stephen Rapp, former US Ambassador for global criminal justice, and international prosecutor for Rwanda and Sierra Leone'Despite the fact that international criminal justice instruments are not popular in Southeast Asia, this book has argued convincingly that the region’s state engagement with international standards has been done and evolved beyond signatory and ratification. Ms Palmer's deep understanding of Southeast Asia context has guided us to understand the dynamics process of adapting international criminal justice at the domestic level, which often deals with the discourses related to sovereignty, development, human rights and the rule of law, and the promotion of peace and stability. This book is not only important and needed for the region's debates but also timely!. I would like to thank Ms Palmer for writing this topic and strongly recommend this book to those who are working and interested in the global-local relationship between the states of Southeast Asia and international criminal law.' Yuyun Wahyuningrum, Representative of Indonesia to the ASEAN Intergovernmental Commission on Human Rights (AICHR) (2019-2021)‘Emma Palmer makes a fresh and welcome contribution to our understanding of the dynamics of international criminal justice in the Asia-Pacific and the way that this has been adapted to local contexts. Her application of an adapted 'localisation theory' to four Southeast Asian examples - Cambodia, Indonesia, the Philippines and Myanmar - is sensitive and insightful, yet challenging and thought-provoking.' Suzannah Linton, Professor of International Law‘Emma Palmer has invested enormous time and effort in the region of Southeast Asian to engage with and to understand approaches to international criminal justice in our part of the world. Her investment manifests in an authentic and insightful analysis of four case studies: Cambodia, the Philippines, Indonesia and Myanmar. This rich and nuanced comparative study is a wonderful contribution to the literature - in stark contrast to overly-simplistic and much less granular analyses.’ Tim McCormack, Dean of the University of Tasmania Law School and Special Adviser on International Humanitarian Law to the Prosecutor of the International Criminal‘Dr Palmer’s field work is as impressive as it is comprehensive, resulting in exceptionally interesting information and insightful analysis. I highly recommend Adapting International Criminal Justice in Southeast Asia ...’ Michael G. Karnavas, International Criminal LawTable of Contents1. Localising International Criminal Justice in Southeast Asia; 2. Engaging with International Criminal Law alongside an Internationalised Tribunal: Cambodia; 3. Implementing International Criminal Accountability in the Philippines; 4. Engaging with International Criminal Law as a Non-State Party: Indonesia; 5. International Criminal Justice in “Transition” – Myanmar; 6. Adapting International Criminal Justice in Southeast Asia; Appendix A. Table of Ratifications; Appendix B. Table of Interviews; Appendix C. Southeast Asia: Domestic Legislation, Bills and Regulations and Sources; List of references; Index.

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Book SynopsisThis book is the first to systematically examine Chinese refugee law and policy. It provides in-depth legal and policy analysis and makes recommendations to relevant stakeholders, drawing upon not only existing legal and policy scholarships but also empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced population. It is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.Trade Review‘It can be very difficult, at the best of times, to penetrate the often intricate network of interacting policies, practices and laws which will determine who gets asylum protection in any one country and who does not. China's system is a particular case in point. Lili Song, through her assiduous research and clear understanding of what it can mean to go down the asylum road in China, has made a significant contribution to demystifying the decision-making processes, clarifying constraints and understanding how they play out in the broader international and regional contexts. An insightful and very worthwhile piece of scholarship.’ Erika Feller, University of Melbourne'China’s asylum policy is a conundrum. It is a long-time party to the Refugee Convention that received some 300,000 Vietnamese refugees during the 1970s and still tolerates a robust protection regime in Hong Kong. Yet China has no formal asylum procedure, receives only a trickle of protection requests, and stands accused of refoulement of North Korean and other refugees. Lili Song’s historical and policy analysis is a welcome first look at how this legal regime evolved, and where it is headed.’ James C. Hathaway, University of Michigan‘Despite China's mounting influence on the international stage and its growing engagement with international humanitarian and human rights issues, the country's refugee law and policy have never been the subject of a comprehensive and systematic analysis. This volume fills that major gap in an admirable manner, providing an incisive account of the Chinese perspective on refugee issues, both globally and in the Asian context.’ Jeff Crisp, University of Oxford and Chatham House'As Dr Song explains in this book, China has a long and varied experience with refugees, including the Indochinese crisis in the 1970s and 1980s, and more recently from North Korea and Myanmar. A little-known fact is that China has been a party to the Refugee Convention since 1982. This book provides unique and informed insights into China’s response to refugee issues nationally, and as a regional and global actor. It includes contemporary accounts of the responses of the two Special Administrative Regions of Hong Kong and Macau.’ Susan Kneebone, University of MelbourneTable of Contents1. Introduction; Part I. Mainland China: 2. Refugees and other displaced foreigners in China; 3. The framework: law, policy and institutions; 4. The reality: treatment of refugees in China; Part II. Hong Kong Special Administrative Region and Macau Special Administrative Region: 5. Refugee law and policy in Hong Kong; 6. Refugee law and policy in Macau; 7. Conclusion and recommendations; Select bibliography; Index.

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Book SynopsisUnrelenting demands for energy, infrastructure and natural resources, and the need for developing states to augment income and signal an ''enterprise-ready'' attitude mean that transnational development projects remain a common tool for economic development. Yet little is known about the fragmented legal framework of private financial mechanisms, contractual clauses and discretionary behaviours that shape modern development projects. How do gaps and biases in formal laws cope with the might of concessionaires and financiers and their algorithmic contractual and policy technicalities negotiated in private offices? What impacts do private legal devices have for the visibility and implementation of Indigenous peoples'' rights to land? This original perspective on transnational development projects explains how the patterns of poor rights recognition and implementation, power(lessness), vulnerability and, ultimately, conflict routinely seen in development projects will only be fully appreciated by acknowledging and remedying the pivotal role and priority enjoyed by private mechanisms, documentation and expertise.Trade Review'The book shows how difficult it is to retrieve meaningful free prior informed consent from indigenous peoples in practice often making it illusory. It elaborates on the role of financial institutions in project finance and asset-based lending regarding energy projects, and includes helpful steps to adapt traditional legal approaches exacerbating these issues. A must-have for those in financial institutions dealing with land rights issues.' Martijn W. Scheltema, Professor, Erasmus University Rotterdam'This book offers a highly original analysis of development projects around the globe, untangling the complexities of protecting the rights of indigenous people who subsequently face devastations of their ways of life. The originality here lies in tracing the hybrid structuring of a global jurisprudence of indigenous rights, one which includes public forms of law and regulation, private contractual mechanisms, and project finance arrangements. A commendable achievement.' Ronen Shamir, Tel-Aviv University'Concessionaires, Financiers and Communities offers an indispensable, insider's account of development financing and the multiple entry points through which the land rights of indigenous peoples are sidelined. With clarity and insight, Dr Kinnari Bhatt navigates the private and public “hyper plurality of norms”, and the power and practices at play. Rich with straightforward recommendations, this book is essential reading for scholars and practitioners alike.' Margot E. Salomon, Associate Professor, Law Department, London School of Economics and Political Science and Francqui European Chair 2018–19'Bhatt's unique book offers a powerful double-edged sword to the literature on transnational economic law, laying detailed empirical siege on the orthodoxies which fortify the fields of both private commercial law and public international law in the process … Concessionaires, Financiers and Communities offers a wealth of insight into the real world machinations of capital, law and the social impacts of development projects. The conceptual implications of this largely empirically-focused book for the field of transnational law are also significant, and it has catalysed wider conversations within the field about the impact of private actors on the rule of law … The book's exceptional integrity and faithfulness to the real-world dimensions of transnational law, however, is itself a conceptual and methodological contribution.' Jennifer R. Lander, Social and Legal StudiesTable of Contents1. Development projects, Indigenous peoples' land rights and rights implementation; 2. Characteristics of indigenous peoples and development projects; 3. In the shadows of the operational development project: coping strategies, lacunas and fragmentation in the formal legal framework; 4. Bridging the gap through the elephant in the room? Private mechanisms and behaviours for implementing Indigenous peoples' rights; 5. Discretion, delegation, fragmentation and opacity: impacts of financing mechanisms in Mongolia and Panama; 6. Pricing for poverty: project finance, power purchase agreements and structural inequities in Uganda; 7. Negotiating land outcomes: a comparative look at concessionaires, Indigenous peoples and power; 8. Moving forward.

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Book SynopsisIt is a fundamental term of the social contract that people trade allegiance for protection. In the nineteenth century, as millions of people made their way around the world, they entangled the world in web of allegiance that had enormous political consequences. Nationality was increasingly difficult to define. Just who was a national in a world where millions lived well beyond the borders of their sovereign state? As the nineteenth century gave way to the twentieth, jurists and policymakers began to think of ways to cut the web of obligation that had enabled world politics. They proposed to modernize international law to include subjects other than the state. Many of these experiments failed. But, by the mid-twentieth century, an international legal system predicated upon absolute universality and operated by intergovernmental organizations came to the fore. Under this system, individuals gradually became subjects of international law outside of their personal citizenship, culminatinTrade Review'Nationals Abroad is a wonderfully written, rich and innovative study which unearths and problematizes the histories of international business interests and the creation of the international human rights regime and chronicles the rise and decline of diplomatic protection in favor of individual independent claims before international tribunals.' Doreen Lustig, Tel Aviv University'The individual is the new centrepiece of international law, yet most studies are confined to her human rights against her own state. Bringing together international law, human rights law, international economic law, and legal history together, Christopher Casey goes further. And with his superb writing skills he provides us with a book that is not only needed and timely, but also fascinating to read.' Ralf Michaels, Max Planck Institute for Comparative and International Private Law'A tour de force. Nationals Abroad makes an important contribution to the historical literature on the place of individuals in international law. Casey rediscovers the central place that nationality occupied in the making of modern international law. Elegantly and charmingly written, this book is a must read for anyone interested in legal history of the nineteenth-century Atlantic.' Peter J. Spiro, Charles Weiner Professor of Law, Temple University'The book is a good starting point for readers interested in a general survey of the history of international law … Nationals Abroad presents a logical narrative of the relationship between states and individuals in the past two centuries.' Jeff Wu, New York University Journal of International Law and Politics'… Casey has written a path-breaking account of the history of the rights of aliens and the rights of states to protect nationals abroad. It is essential reading for anyone interested in the history of diplomatic protection and is highly recommendable to any reader interested in the relationship between human rights, migration, state responsibility and international investment.' Doreen Lustig, The Law & Practice of International Courts and Tribunals'Elucidating the modalities of this tension and finding ways to resolve it in fair and sustainable ways demand a comprehensive understanding of international law's past and present. The book at hand has started an important conversation.' Ntina Tsouvala, Heidelberg Journal of International LawTable of ContentsIntroduction; Part I .Mise en scène: The International Legal World, 1850-–1914: 1. The Walls of Gilgamesh; 2. Making Nations, Breaking Nationality; Part II. Mise en scène: The International Legal World, 1919-–1939: 3. Sovereign Nations; 4. Sovereign Persons; 5. Sovereign Commerce; Part III. Mise en scène: The International Legal World, 1945-–Present: 6. Cosmopolitans and Capitalists; Conclusion

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Book SynopsisWith events and movements such as #MeToo, the Gender Equality UN Sustainable Development Goal, the Irish and Chilean abortion policy changes, and the worldwide Women''s March movement, women''s rights are at the top of the global public agenda. Yet, countries around the world continue to debate if and how women should have access to reproductive rights, and specifically abortion. This book provides the most comprehensive comparative review of this topic to date. How are reproductive rights produced? This book analyzes three spheres of influence on abortion policymaking: civil society, national government, and international bodies. It engages scholars as well as undergraduate and graduate students in social sciences, law, gender studies, and development and sustainability studies. With insights into the influence of intergovernmental bodies, international health organizations, state-level political representatives, and religious civil society players, this book will be of interest to poTrade Review'The result is a rich, multilevel, cross-aggregate analysis describing conditions that support abortion rights … Providing good empirical testing of many theories and suggesting a future research agenda and policy prescriptions, this is an excellent resource.' D. Schultz, ChoiceTable of ContentsPreface; Acknowledgments; 1. Introduction: producing reproductive rights; Part I. Civil Society Sphere: 2. The civil society sphere: religion and reproductive health; 3. The politics of religion and reproductive health: the cases of Chile and Bahrain; Part II. State Government Sphere: 4. The sphere of national governments: dimensions of representation; 5. Reproductive rights and the nation-state: the cases of New Zealand and Rwanda; Part III. The International Sphere: 6. The international sphere: going beyond civil society and the nation-state; 7. Case studies from the international sphere: The ICPD PoA and the African Union; 8. Conclusions: final thoughts and avenues for future comparative research on abortion.

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Book SynopsisThe Right to Life under International Law offers the first-ever comprehensive treatment under international law of the foundational human right to life. It describes the history, content, and status of the right, considers jurisdictional issues, and discusses the application of the right to a wide range of groups, such as women, children, persons with disabilities, members of minorities, LGBTI persons, refugees, and journalists. It defines the responsibility of not only governments but also the private sector, armed groups, and non-governmental organisations to respect the prohibition on arbitrary deprivation of life. It also explains the nature and substance of the duty to investigate potentially unlawful death as well as the mechanisms at global and regional level to promote respect for the right to life.Table of ContentsAn historical introduction to the right to life; Part I. Overview of the Right to Life under International Law: 1. The status of the right; 2. The content of the right; 3. Jurisdiction and the right to life; 4. The relationship between the right to life and other human rights; Part II. Major Themes: 5. Deaths as a result of armed conflict; 6. Jus ad bellum, aggression, and the right to life; 7. Use of force in law enforcement; 8. Counterterrorism; 9. The death penalty; 10. Deaths in custody; 11. Abortion; 12. Euthanasia and suicide; 13. Poverty and starvation; 14. Assemblies, demonstrations, and protests; 15. Arms control and disarmament; 16. Enforced disappearance; 17. Accidents, disease, and natural disasters; 18. Pollution and climate change; 19. Autonomous use of force; 20. Slavery; Part III. The Protection of At-Risk Groups and Individuals: 21. The right to life of women; 22. The right to life of children; 23. Racially motivated killings; 24. LGBTI persons; 25. Persons with disabilities; 26. Older persons; 27. Journalists; 28. Human rights defenders; 29. International migrants; 30. Internally displaced persons; 31. Refugees; Part IV. Accountability: 32. The right to life and state responsibility; 33. The right to life and responsibility of international organisations; 34. Corporate responsibility and the right to life; 35. The right to life and the responsibility of non-state armed groups; 36. the right to life and non-governmental organisations; 37. The right to life and the responsibility of individuals; Part V. Human rights machinery protecting the right to life; 38. The UN human rights machinery and the right to life; 39. Regional human rights machinery and the right to life; Part VI. Outlook: 40. customary rules pertaining to the right to life; 41. The future of the right to life.

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Book SynopsisDo states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee''s journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway''s incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book''s analysis to responding to the hard facts of refugee life on the ground.Trade ReviewPraise for the First Edition: '… painstakingly researched, cogently argued, and beautifully written … An instant classic on the topic of refugee rights.' Penelope Mathew, American Journal of International LawPraise for the First Edition: '… the authoritative comprehensive commentary of the Convention. As usual, the strength of Hathaway's approach lies in the precision of his legal analysis.' Catherine Phuong, Human Rights Law ReviewPraise for the First Edition: 'If there is one book in the area of international refugee law of which it can be properly said that it is indispensable for everybody, working either in practice or academically with international refugee law, it is this new book by Hathaway … It will remain for a long time the fundamental opus of international refugee law.' Kay Hailbronner, International Journal of Refugee Law'… impressive and well-researched … For those interested in the rights of refugees under international law, it would be surprising if there were any authors who had given this topic more detailed consideration than Professor Hathaway.' Paul Keeley, Law Society GazetteTable of ContentsIntroduction; 1. The evolution of the refugee rights regime; 2. An interactive approach to interpreting refugee rights; 3. The structure of entitlement under the refugee convention; 4. Rights of refugees physically present; 5. Rights of refugees lawfully or habitually present; 6. Rights of refugees lawfully staying; 7. Rights of solution; Appendices; Select bibliography; Index.

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Book SynopsisThe recent Colombian peace negotiations took the art and science of negotiating transitional justice to unprecedented levels of complexity. For decades, the Colombian government fought a bitter insurgency war against FARC guerrilla forces. After protracted negotiations, the two parties reached a peace deal that took account of the rights of victims. As first-hand participants in the talks, and principal advisers to the Colombia government, Mark Freeman and Iván Orozco offer a unique account of the mechanics through which accountability issues were addressed. Drawing from this case study and other global experiences, Freeman and Orozco offer a comprehensive theoretical and practical conception of what makes the ''devil''s dilemma'' of negotiating peace with justice implausible but feasible.Trade Review'This book is a rigorous, fascinating, and provocative analysis of the dramatic challenge faced when pursuing peace and, at the same time, accountability. The authors' robust, honest, and sometimes controversial reflections make this a must-read for those who want to understand the theory and practice of negotiating transitional justice and ending violent conflict. The lessons it offers can literally save lives.' Catalina Botero Marino, Dean of Law Faculty, Universidad de los Andes'Transitional justice is a central issue in many peace talks, yet there is remarkably little literature focusing on how demands of accountability can be harmonised with political pragmatism. This book makes an original and important contribution, both in general theoretical terms and through the authors' firsthand account of the complex negotiation between the Colombian government and the FARC. I strongly recommend the book not only to scholars, but also to practitioners from the fields of mediation and transitional justice.' Christine Bell, University of Edinburgh'What does it mean to negotiate justice and accountability issues inside a peace process? Drawing on their direct experience of the Colombian peace talks with the FARC, Freeman and Orozco have produced a book of exceptional intellectual honesty and mastery. Their ideas and insights could change the way diplomats, peacemakers, human rights activists, and warring factions of all sorts understand and deal with a key political dilemma of our time.' Thierry Cruvellier, Editor-in-Chief, JusticeInfo.net'In this timely and seminal book, Freeman and Orozco address an issue at the heart of the current discussion on transitional justice in Colombia and beyond: How much justice - and what form - is needed to build lasting peace? This book should be required reading for anyone interested in tracing the development of the Colombian transitional justice model as well as in understanding the tough political discussions that accompanied this process.' Angelika Rettberg, Universidad de los Andes'This book takes a unique approach in that it is divided into two distinct components, each written primarily by one of the two authors. The first part (by Freeman, Institute for Integrated Transitions, Spain) is a comprehensive overview of the issues surrounding negotiating justice in the context of a peace process. Freeman provides an excellent framework for understanding the topic, so this section will be particularly useful for undergraduates. The second part (by Orozco, Universidad de los Andes, Colombia) includes essays on the recently concluded Colombian peace process, in which both authors were involved as independent advisors. The book focuses on issues of justice but offers much more than that … This accessible book will be a valuable addition to the literature on peace, conflict, human rights, international law, and Latin American politics.' A. G. Reiter, ChoiceTable of ContentsPart I. Negotiating Transitional Justice: A Conceptual Framework: 1. General considerations; 2. The role of international law; 3. Elements of practice; 4. Conclusions; Part II. Negotiating Transitional Justice: The Case of Colombia; 5. The context; 6. The experience; 7. Conclusions; Appendix 1: basic information about the Havana negotiation; Appendix 2: the legal framework for peace (2012); Index.

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Book SynopsisThe nail-biting climax of one of the greatest political battles in American history: the ratification of the constitutional amendment that granted women the right to voteTrade ReviewAt the heart of democracy lies the ballot box, and Elaine Weiss's unforgettable book tells the story of the female leaders who - in the face of towering economic, racial, and political opposition - fought for and won American women's right to vote. Unfolding over six weeks in the summer of 1920, The Woman's Hour is both a page-turning drama and an inspiration for everyone, young and old, male and female, in these perilous times. So much could have gone wrong, but these American women would not take no for an answer: their triumph is our legacy to guard and emulate -- Hillary Rodham ClintonStirring, definitive, and engrossing ... Weiss brings a lucid, lively, journalistic tone to the story ... The Woman's Hour is compulsory reading * NPR *Anyone interested in the history of our country's ongoing fight to put its founding values into practice - as well as those seeking the roots of current political fault lines - would be well-served by picking up Elaine Weiss's The Woman's Hour. By focusing in on the final battle in the war to win women the right to vote, told from the point of view of its foot soldiers, Weiss humanizes both the women working in favor of the amendment and those working against it, exposing all their convictions, tactics, and flaws. She never shies away from the complicating issue of race; the frequent conflict and occasional sabotage that occurred between women's suffrage activists and the leaders of the nascent civil rights movement make for some of the most fascinating material in the book -- Margot Lee Shetterly * author of the #1 New York Times bestseller HIDDEN FIGURES *Elaine Weiss delivers political history at its best ... she writes with verve and color that captures the feverish excitement of a moment when, whatever the outcome, every woman and man packed into Tennessee's imposing statehouse knew that history was about to be made. With a skill reminiscent of Robert Caro, she turns the potentially dry stuff of legislative give-and-take into a drama of courage and cowardice, showing the pain of compromise and the power of substantive debate in an age when rhetoric was still an art and political discourse still aimed to persuade * Wall Street Journal *Weiss is a clear and genial guide with an ear for telling language ... She also shows a superb sense of detail, and it's the deliciousness of her details that suggests certain individuals warrant entire novels of their own ... Weiss's thoroughness is one of the book's great strengths. So vividly had she depicted events that by the climactic vote (spoiler alert: The amendment was ratified!), I got goose bumps -- Curtis Sittenfeld * New York Times Book Review *Imaginatively conceived and vividly written, The Woman's Hour gives us a stirring history of women's long journey to suffrage and to political influence. Making bold connection with race and class, Weiss's splendid book is as much needed today as it was in 1940 when Eleanor Roosevelt noted that men hate women with power. As every victory since the Civil War and Reconstruction faces the wrecker, The Woman's Hour is an inspiration in the continuing struggles for suffrage, and for race and gender justice, and for democracy -- Blanche Wiesen Cook * author of the New York Times bestseller ELEANOR ROOSEVELT *A genteel but bare-knuckled political thriller ... the account reads like a reality show, impossible to predict ... Weiss' narrative is energetic and buoyant even at the most critical moments * Ms. Magazine *A nonfiction political thriller ... Weiss zeroes in on the final campaign of the suffrage movement * Bustle.com *Riveting ... Weiss provides a multidimensional account of the political crusade ... The result is a vivid work of American history * National Book Review *Weiss does a wonderful job of laying out the background of the American women's suffrage movement ... A lively slice of history filled with political drama, Weiss's book captures a watershed moment for American women * Book Page *Even the most informed feminists will learn a thing or two * HelloGiggles *

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Book Synopsis'Stunning . . . Built like a thriller, moving, wise and illuminated on every page with love' -Joanne Harris, author of ChocolatA parent's deeply moving love letter to a daughter who has always known exactly who she is.When Carolyn Hays’s child made clear to the family that they were all wrong, he was not a boy, but, in fact, a girl, the Hays shifted pronouns, adopted a nickname and encouraged her to dress as she felt comfortable. One ordinary day, a caseworker from the Department of Children and Families knocked on their door to investigate an anonymous complaint about the upbringing of their transgender child. It was this threat that instilled in them a deep-seated fear for their child’s safety in the Republican state they called home. And so they uprooted their lives to the more trans-accepting Northeast United States, though they were never far from the hate and fear resting at the nation’s core.Intimate, lyrical and thought-provoking, A Girlhood is an ode to Hays’s brilliant, brave child, as well as a cathartic revisit of the pain of the past. It tells of the brutal truths of being trans, of the sacrificial nature of motherhood, and of the lengths a family will go to shield their youngest from the cruel realities of the world. Hays asks us all to love better, for children everywhere enduring injustice and prejudice just as they begin to understand themselves. A Girlhood is a celebration of difference, a plea for empathy, a hope for a better future, but moreover, it is a love letter to a child who has always known herself and is waiting for the rest of the world to catch up.Trade ReviewStunning . . . Built like a thriller, moving, wise and illuminated on every page with love' -- Joanne Harris, author of ChocolatHays’s story is about more than the transgender question: it’s about ignorance and wisdom; hatred and love; men, women, and children. In the end, A Girlhood is about all of us. -- Jennifer Finney Boylan, author of She’s Not There and Good BoyIt’s impossible to read this book and not root for the fierce, human, beautiful family at its center and the daughter that they - ‘like tanks’ - protect against those who try to steal her joy. -- Beth Ann Fennelly, author of Great with Child: Letters to a Young Mother'I saw facets of my own trans identity I’d never pondered, questions about the construction of self I’d never even thought to pose . . . An act of epic compassion. -- Diana Goetsch, author of This Body I WoreTouching, combative, compelling . . . this memoir begins with the suspense of a thriller and ends with hope * Vogue (Italy) *An important and moving book, which traverses family bonds, change, courage, politics, rights, faith and reason . . . dictated by a love that will not accept compromises. * La Repubblica *An incredibly poignant and timely story for trans families everywhere. I wish my parents had access to these words, stories, and beautiful thoughts while raising me -- Tommy Dorfman

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Book Synopsis

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Book SynopsisIt is established that as a ratified State of international human rights treaties the respective State should comply with its commitments and implement those rights giving effectiveness into domestic laws. Both the right to life and the right to liberty and security of persons are very important and significant in all leading international human rights instruments. The International Covenant on Civil and Political Rights (ICCPR) is a major international human rights treaty which Bangladesh already ratified some years back. Although Bangladesh has ratified this convention, it does not meet international human rights standard, more particularly, the right to life and the right to liberty. There are many reasons for this ineffectiveness but the objective of this research is to prove that a lack of political will, and in particular, an unwillingness to take effective measures to ensure due compliance is one of the main reasons behind it. The dissertation has also been undertaken to find out what the effectiveness of the right to life and the right to liberty is under Articles 6 and 9 of the ICCPR in light of both Bangladesh and international law. Accordingly, it explains and analyzes legal provisions under the Bangladeshi laws, regional human rights conventions and international legal instruments for the protection and promotion of fundamental human rights particularly the right to life and the right to liberty for all citizens especially the human rights defenders. In this regard, the research also examines different judicial decisions from national jurisdiction, regional courts and international jurisdiction as well. It further investigates what the challenges are facing those who seek to ensure respect for human rights in Bangladesh and how they overcome it.Table of ContentsAcknowledgementsTablesIntroductionEffectiveness and Compliance: Key Concepts in Ensuring Human Rights StandardsRight to Life: Bangladesh and International LawRight to Liberty and Security of Persons: Bangladesh and International LawPolicy RecommendationsBibliography.

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Book SynopsisCongress has guided and shaped the U.S role in the current international human rights architecture, which grew out of the atrocities and destruction of World War II. The United Nations (U.N.) Charter, signed in 1945, included broad expressions of support for human rights and fundamental freedoms. This book addresses human rights issues.Table of ContentsPreface; Human Rights in Southeast Asia: A Regional Outlook; Human Rights in China and U.S. Policy: Issues for the 116th Congress; Human Rights in China; Burmese Security Forces and Personnel Implicated in Serious Human Rights Abuses and Accountability Options; Foreign Officials Publicly Designated by the U.S. Department of State on Corruption or Human Rights Grounds: A Chronology; FY2020 Foreign Operations Appropriations: Targeting Foreign Corruption and Human Rights Violations; Global Democracy and Human Rights Impacts of COVID-19: In Brief; Global Human Rights: The Department of States Country Reports on Human Rights Practices; Global Human Rights: International Religious Freedom Policy; Global Human Rights: Multilateral Bodies & U.S. Participation; The Global Magnitsky Human Rights Accountability Act; Human Rights Challenges in Mexico: Addressing Enforced Disappearances; U.S. Arms Sales and Human Rights: Legislative Basis and Frequently Asked Questions; Combating Wildlife Trafficking: Agencies Work to Address Human Rights Abuse Allegations in Overseas Conservation Programs; Index.

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Book SynopsisIn the past migrations opened the world to knowledge, science, and understanding among peoples, but increasingly migrants are viewed with disfavour and even hate, especially in the Mediterranean Basin and the MENA Region. I had published with two other scholars a book intended to promote the rights of migrants in 2015, but today the situation has become so much worse, particularly in our chosen area, that I believe the time has come to re-examine the situation. A number of issues conspire to render the fate of migrants truly desperate, as they are forced to leave their lands that, due to the increasingly grave effects of climate change, can no longer feed and support them and their families, while the ongoing conflicts in the area render their situation truly unliveable. In addition, in the last few years, extreme right-wing political parties in Europe have conspired to treat people of different colour, ethnicity, or religion as unworthy of the respect due to all human beings. In 2019 a further disaster struck the whole world, a pandemic that imposed particularly harsh conditions to migrants, who were clearly unable to practice social distance and who found themselves in situations where testing, medicines and even sufficient food and water were not available. There are important aspects of this work that have global applications beyond the focus area we have chosen, such as the spread of racism, the fostering of conflicts to advance the interests of powerful countries, the dangerous spread of populism with fascist tendencies, and the spread of imperialism. Most of all, there is a lesson to be learned: walls to exclude and separate people provide no solutions for any of the grave problems we all face. Such problems can be solved all together or not at all; what is needed is a concentrated effort to acknowledge our need for each other, as only a belief in the true brotherhood of all can help.Table of ContentsForeword; Introduction; Climate Change and the Plight of Migrants: Five Years Later; Land Grabs: The Other Crime Against Humanity; The Geopolitical Situation in the Mediterranean Basin and the MENA Region: The Worst Dangers for Migrants and Refugees; The COVID-19 Pandemic: Migrants and Refugees Fight for Survival; North Africa and the Venus Squint: About the Italian Migration Policies and the Need for Security; European Legal Regimes for the Protection of Migrants and Refugees in 2020; Index.

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Book SynopsisHuman rights, of which the freedom of religion is a central component, are promised by most governments on planet Earth. But promises are promises, are promises. In real life, religious liberty is far from a universal fact. This book surveys the countries of Africa based on U S State Department reports and is augmented by a current bibliography and a useful index.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisThe First Amendment to the United States Constitution provides that "Congress shall make no law... Abridging the freedom of speech, or of the press...". This language restricts government both more and less than it would if it were applied literally. It restricts government more in that it applies not only to Congress, but to all branches of the federal government, and to all branches of state and local government. It restricts government less in that it provides no protection to some types of speech and only limited protection to others. This book provides an overview of the major exceptions to the First Amendment -- of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation... Where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

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Book SynopsisThis book deals with whether the 2008 Olympics brought any benefits, or any lasting benefits, to the Chinese people by enhancing human rights and accelerating rule of law development. China views the 2008 Olympics as not merely just an athletic event, but as recognition of its global, economic, diplomatic, and military power. It is a way of extending themselves to the world. It is, to them, a political event in many ways, and one of great significance.

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Book SynopsisIn the past two decades, human rights has been a principal area of U.S. concern regarding the People''s Republic of China (PRC), along with security and bilateral trade. Some U.S. leaders argue that U.S. policies of engagement with China, particularly since granting the PRC normal trade relations status in 2000, have helped to accelerate economic and social change and build social and legal foundations for human rights progress in the PRC. Others contend that U.S. engagement has failed not only to produce meaningful political reform but also to set any real change in motion. This book analyses China''s mixed human rights record of the past several years -- major human rights problems, new human rights legislation, and the development of civil society, legal awareness, and social activism.

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Book SynopsisThis book emphasises the extremely dire situations that many religious minorities suffer in Iraq and the steps the Commission recommends that the U.S. government should take to ensure safe and fair provincial elections and security and safety for all Iraqis. This book consists of public documents which have been located, gathered, combined, reformatted, and enhanced with a subject index, selectively edited and bound to provide easy access.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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