Human rights, civil rights Books

Book SynopsisA Short Introduction on the Second Volume.- A Jew, a Kurd and an Anarchist walk into a bar An auto- ethnographic examination of being exiled from Turkey.- Tangible Limits of Liminal Democratisation: The EU, Turkey's Kurdish Question and Blacklisting.- In Once Again, Exile or Forced Migration: The Latest Wave of Political Migration from Turkey to Germany (2015-2022).- Reproducing the Life Below Zero: A New Wave of Displaced Women Politicians and Activists in Germany.- An Autoethnographic Account of Being-At-Home: At the Intersection of Queerness, Belonging, and Migration.- Exiles and Politics at the Ground Zero of Life.- Immigration and Women's Solidarity: Puduhepa Assosiation: State of Immigration.- Music, Empowerment, and Hope in Exilic Communities.- In search of a Biographical Trajectory in/as Exile and the Healing of the Heart.- Tough.- Embodying Migrated Space and Documentary Filmmaking: Arriving in Germany.- Anatomy of a Self-Performance and Dîwana Xwebûnê.- Where are You Originally from?.- New Crossroads in the Alternative Scene of the Others in Germany: Trans-aesthetics and Transgressive Dramaturgies.

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Book SynopsisCHAPTER 1. Introduction.- PART 1: THE EVOLUTION OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS ON THE PROTECTION OF DETAINEES’ RIGHTS.- CHAPTER 2. The role of the European Court of Human Rights in the protection of detainees’ rights and in the shaping of penal, detention policies and an inverted panopticon through pilot judgments.- CHAPTER 3. European orientation and softening of criminal and penal policies under the right to dignity and the prohibition of torture and inhumane and degrading treatment.- CHAPTER 4. Changes to suicide and homicide prevention policies in detention: between the reinforcement of the panopticon and the inverted panopticon.- CHAPTER 5. The European impacts on penal policies under the right to liberty and security: the development of judicial review and a risk-based approach.- CHAPTER 6. The development of coercive rights as an opposite trend to the rise of detainees’ rights.- PART 2: HOW THE COUNCIL OF EUROPE AND THE EUROPEAN COURT OF HUMAN RIGHTS BOTH ENSURE AND LIMIT THE EFFECTIVENESS OF HUMAN RIGHTS IN DETENTION THROUGH COOPERATION AND ALLIANCE.- CHAPTER 7. The reinforced European effects on penal and prison policies: the back-up of the EU and the CJEU.- CHAPTER 8. The relay of the ECtHR by the CPT policy concerning prison overcrowding, suicide prevention, life prisoners and mentally ill offenders.- CHAPTER 9. The difference NGOs make on access to justice and litigation.- CHAPTER 10. The relay of the ECtHR jurisprudence by national prison administrations and its impacts on national penal and prison policies.- Chapter 11. Conclusion.

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Book SynopsisChapter 1: Harmful practices as a human rights challenge.- Chapter 2: International and regional norms on harmful practices.- Chapter 3: Widowhood practices and human rights in Nigeria.- Chapter 4: Beyond the legal debates: An African legal feminist response to support victims of ukuthwala in South Africa.- Chapter 5: Cultural relativism versus universalism: a critical analysis of the chinamwari/khomba practice in Zimbabwe.- Chapter 6: The conundrum of exchange of bride wealth in customary marriages: is it a harmful practice?.- Chapter 7: Tobacco-related harms & gender: An overview with perspectives from India.- Chapter 8: Child marriage in the United States: A human rights and feminist perspective.- Chapter 9: Intimate partner violence, gender vulnerability and the realisation of women’s fundamental rights in Australia.- Chapter 10: The protection of human trafficking victims in the UK: The role of the Palermo Protocol and state obligations in the international law.- Chapter 11: An African feminist analysis of the impact of menstrual taboos in Abrahamic religions on women and girls in Africa.- Chapter 12: Punishing pregnant students through expulsion from school: A case study of Uganda.- Chapter 13: Engaging harmful traditional practices from a supranational perspective: Reflections from the African Committee of Experts on the Rights and Welfare of the Child.- Chapter 14: Cultivating agency and claiming bodily autonomy: A response to the politics of child marriage in the African context.

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Book SynopsisCHAPTER 1: Socio-Legal Mobilisation Against Extractivism.-  CHAPTER 2: Socio-Legal Mobilisation in the Shadow of Extractivism.- CHAPTER 3: Political Economy of Chilean Extractivism.- CHAPTER 4 – Socio-environmental Mobilisation in Chile: Between Contention and Legal Pluralism.- CHAPTER 5: Legal Mobilisation Against Extractive Power: The Case of Caimanes vs. Minera Los Pelambres.- CHAPTER 6: Legal mobilisation against hydropower development: the No Alto Maipo movement.- CHAPTER 7: Islands of Resistance: Legal and Political Mobilisation in Chiloé.- CHAPTER 8: Legal Mobilisation in Transition: From Extractive Struggles to Emerging Frontiers.

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Book SynopsisThe current edition is the fifteenth in the series. Over the years the structure of the yearbook has shifted from that of a journal to a thematic anthology. The main editorship as well as the thematic expertise for this volume has been the responsibility of the Danish Institute for Human Rights. As the title of this volume, “Human Rights and Local/Living Law”, indicates, its focus is on the various forms of local, informal and/or customary law and their interaction with human rights. The Human Rights in Development series takes its starting point in a development perspective and aims to be topical, comprehensive, and multi-disciplinary, exemplifying the “cross-fertilization” of theoretical and practical approaches. Contributions are sought from researchers and practitioners in both donor and recipient countries. To ensure an increased focus on Southern perspectives, participation in the editorial work and inclusion of authors from a broad geographical scope has been, and is continuously, sought. The volumes published in the Human Rights in Development series, which for historical reasons still carry the word Yearbook in their title, are the result of a long-term collaboration between human rights research institutes and centres. Currently, the partners in the project include the Christian Michelsen Institute, Bergen; the Danish Institute for Human Rights, Copenhagen; the Icelandic Human Rights Centre, Reykjavik; the Ludwig Boltzman Institute of Human Rights, Vienna; the Netherlands Institute of Human Rights, Utrecht; the Norwegian Centre for Human Rights, Oslo; the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund; and the Åbo Akademi University Institute for Human Rights, Turku/Åbo. As in previous years, the publication is aimed at a broad audience, including government agencies, donor agencies, embassies, the press, non-governmental organisations, and the academic community.Table of ContentsIntroduction Lone Lindholt; The Global and the Local. Reflection on Human Rights and Local/Living Law Sten Schaumburg-Müller; Legal Pluralism as an Approach to Indigenous and Tribal Peoples’ Rights Mireya Maritza Peña Guzmán; Traditional (in)Justice: Honour killings in Pakistan Are Knudsen; Indigenous Law and the Protection of Indigenous Peoples’ Rights in Ecuador Tiina Saaresranta; “San Bushmen Are Not Forever”: Human Rights Perspective of Land Access Issues of Hunter-Gatherer Societies in Southern Africa Boipuso Nkwae; Dilemmas Connected to Recognising Customary Law and Courts in South Africa Ragnhild L. Muriaas; Race and Gender Discrimination in a Socio-legal Perspective: the Experience of Chinese Indonesian Women in Indonesia Sulistyowati Irianto; Visions of the Right Order: Contrasts between Mayan Communitarian Law in Guatemala and International Human Rights Law Stener Ekern; Juvenile Justice and the Law in Uganda: Towards Restorative Justice Lillian Tibatemwa-Ekirikubinza; Legal Pluralism and Transitional Justice in Afghanistan: A Gender Perspective Karin Ask; Administering the African Society Through the Living Law Michelo Hansungule.

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Book SynopsisFor the Sake of Humanity is a collection of essays in honour of Clemens N. Nathan, a man occupying a remarkable position in the public life of the United Kingdom. Over a period of several decades, he has stimulated and facilitated discussion, research and study on a striking array of topics, including international organisations, Human Rights, interfaith relations and the Holocaust and German-Jewish history - as well as in his own area of professional expertise: textile science and technology. His approach has been characterised by academic rigour, social concern and a commitment to historical truth, along with an adventurous and innovative spirit. All these qualities are also to be found in this collection of essays by his friends and admirers, to produce a truly fascinating book, with new insights into many topics, and a number of chapters destined to become classics in their fields. Above all, it is an erudite and charming volume, full of surprises!Table of ContentsPreface; Foreword; Curriculum Vitae of Clemens Neumann Nathan; David Abrahamson, The Transition from Hospitals to Community Care;Anne Bayefsky, The Role of the United Nations in Countering Terrorism; Louis Bloch, L’universel et le particulier; Sidney Brichto, Religious Leaders must Challenge Holy Scriptures; Jan Herman Brinks, Beyond Anne Frank: Dutch (pre)Wartime Collaboration with Nazi Germany and its Aftermath; Martin Forward, Replacing Replacement Theology: A Fresh Look; at Relationships between the Abrahamic Faiths; Kendra H. Gaines, Writing into the Heart; Lucien Gubbay, Muslims and Jews – Then, Now and in the Future; General Lord Guthrie,Terrorism and Human Rights; Arthur Harverd, World War II Compensation Schemes; Prince Hassan of Jordan, Towards an Ethic of Human Solidarity; K. Hannah Holtschneider, Jean Améry: Cultural Exile, Homelessness and Jewish Solidarity; Edward Kessler, Israel and Jewish–Christian Relations; Zvi C. Koren, Color My World: A Personal Scientific Odyssey into the Art of Ancient Dyes; Julius Lipner, Religion and Religious Thinking in the New Millennium; David Loewe, The Anglo-Jewish Association Past and Present; Raphael Loewe, Imitatio and Ethics in Judaism and Christianity; Bertrand Ramcharan, The United Nations and the Future of International Law; Aubrey Rose, Crime – An Assault on Human Rights; Ruth Rothenberg, Volunteering in the Jewish Community; Daniel Sperber, Ethical Investment: A Jewish Perspective; Ady Steg, Droits de l’homme et valeurs juives; Gideon Taylor, Holocaust-Era Reparations – Morality, History and Money; Edward Timms, Remembering Refugees Lost at Sea: The Struma, the Wilhelm Gustloff and the Cap Anamur; Alexander Verkhovsky, Radical Orthodox Anti Globalism 1999–2002: Electronic Tax Codes – a Topical Theme for Fundamentalists; Jean-Jacques, Wahl De La Clemence Réflexions sur quelques textes de la tradition juive; George R. Wilkes, Reforming the un Commission on Human Rights; Contributors.

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Book SynopsisThis book is about the politicking and strife over land between various stakeholders on the African continent, including Madagascar. It is about attempts to control land tenure ‘from above’ and about local manoeuvring ‘from below’. The contributing authors analyse the intricate relations between the central government, the local government and grassroots level institutions.

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Book SynopsisWhat are the prospects and means of achieving development through a democratic politics of socio-economic rights? Starting from the position that socio-economic rights are as legally and normatively valid as civil and political rights, this anthology explores the politics of acquiring and transforming socio-economic rights in South Africa. The post-apartheid South African experience shows that democracy is not a guarantee for elimination of poverty and inequality, but also that democratic institutions and politics may provide means for addressing past and present injustices. Thus it is argued that democratic politics of socio-economic rights democratises development while also developing democracy.Table of ContentsPreface, 1. Introduction, Democratising Development: The Politics of Socio-Economic Rights, Peris Jones and Kristian Stokke, 2. The Politics of Economic Policy-Making: Substantive Uncertainty, Political Leverage, and Human Development, Adam Habib, 3. Labour and Politics in South Africa, Liv Tørres, 4. Social Movements in Post-Apartheid South Africa: An Introduction, Richard Ballard, 5. Poverty, Inequality and the Social Wage: Balancing the Books in Post-Apartheid South Africa?, Julian May and Nina Hunter, 6. The Judicial Enforcement of Socio-Economic Rights: The Grootboom Case, Albie Sachs, 7. Social Rights Litigation as Transformation: South African Perspectives, Siri Gloppen, 8. Shaping, Making and Breaking the Law in the Campaign for a National HIV/AIDS Treatment Plan, Mark Heywood, 9. The Treatment Action Campaign and the History of Rights-Based, Patient-Driven HIV/AIDS Activism in South Africa, Mandisa Mbali, 10. Communal Land Rights and Democracy in Post-Apartheid South Africa, Ben Cousins and Aninka Claassens, 11. Socio-Economic Rights: Cornerstone or Capstone of Democracy?, Paul M. Graham, References, About the Contributors.

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Book SynopsisPrivacy is often considered a modern phenomenon. Early Modern Privacy: Sources and Approaches challenges this view. This collection examines instances, experiences, and spaces of early modern privacy, and opens new avenues to understanding the structures and dynamics that shape early modern societies. Scholars of architectural history, art history, church history, economic history, gender history, history of law, history of literature, history of medicine, history of science, and social history detail how privacy and the private manifest within a wide array of sources, discourses, practices, and spatial programmes. In doing so, they tackle the methodological challenges of early modern privacy, in all its rich, historical specificity. Contributors: Ivana Bičak, Mette Birkedal Bruun, Maarten Delbeke, Willem Frijhoff, Michael Green, Mia Korpiola, Mathieu Laflamme, Natacha Klein Käfer, Hang Lin, Walter S. Melion, Hélène Merlin-Kajman, Lars Cyril Nørgaard, Anne Régent-Susini, Marian Rothstein, Thomas Max Safley, Valeria Viola, Lee Palmer Wandel, and Heide Wunder.Table of ContentsAcknowledgements List of Illustrations Notes on the Editors Notes on the Contributors 1 Past Privacy  Lars Cyril Nørgaard 2 Towards an Approach to Early Modern Privacy: The Retirement of the Great Condé  Mette Birkedal Bruun Part 1: Approaching Notions of Privacy and the Private 3 Considering ‘Privacy’ and Gender in Early Modern German-Speaking Countries  Heide Wunder 4 ‘Privé’ and ‘Particulier’ (and Other Words) in Seventeenth-Century France  Hélène Merlin-Kajman 5 How to Approach Privacy without Private Sources? Insights from the Franco-Dutch Network of the Eelkens Merchant Family around 1600  Willem Frijhoff 6 Early Modern Swedish Law and Privacy: A Legal Right in Embryo  Mia Korpiola Part 2: Crossing the Thresholds of Privacy and the Private 7 The Moment of Communion  Lee Palmer Wandel 8 How to Make Exemplarity with Secret Virtues: Funeral Sermons and Their Challenges in Early Modern France  Anne Régent-Susini 9 Entering the Bedroom through the Judicial Archives: Sexual Intimacy in Eighteenth-Century Toulouse  Mathieu Laflamme 10 Public and Private in Jewish Egodocuments of Amsterdam (ca. 1680–1830)  Michaël Green Part 3: Secrecy, Knowledge, and Authority 11 The Paradox of Secrecy: Merchant Families, Family Firms, and the Porous Boundaries between Private and Public Business Life in Late Medieval and Early Modern Europe  Thomas Max Safley 12 Chops and Chamber Pots: Satire of the Experimental Report in Seventeenth-Century England  Ivana Bičak 13 Dynamics of Healer-Patient Confidentiality in Early Modern Witch Trials  Natacha Klein Käfer 14 Examination Essays, Paratext, and Confucian Orthodoxy: Negotiating the Public and Private in Knowledge Authority in Early Seventeenth-Century China  Hang Lin Part 4: Spaces and Places of Privacy and the Private 15 Jesus, Mary, and Joseph as Artisans of the Heart and Home in Manuscript MPM R 35 “Vita S. Joseph beatissimae Virginis sponsi” of ca. 1600  Walter S. Melion 16 Privacy and Exemplarity in Gianlorenzo Bernini’s Cornaro Chapel  Maarten Delbeke 17 Making Private Public: Representing Private Devotion in an Early Modern Funeral Sermon  Lars Cyril Nørgaard 18 Secret Routes and Blurring Borders: The New Apartment of Giuseppe Papè di Valdina (Palermo, 1714–1742)  Valeria Viola 19 What Lies between the Public and the Secret?  Marian Rothstein Index Nominum

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Book SynopsisAlthough it is commonly asserted that enhanced citizen participation results in better environmental policy and improved enforcement of environmental standards, this hypothesis has rarely been subject to testing on a comparative basis. The contributors to this book set out to study the extent to which citizens can and do exert influence over their urban environments through the legal (and extra-legal) 'gateways' in eleven countries spanning several continents as well as different climates, levels and type of economic development, and national legal and constitutional systems, as well as exhibiting a different set of environmental problems. One interviewee questioned about access to environmental justice, dryly remarked that in his city there was no environment, no justice and no access to either. Yet this view, as will be seen, requires to be nuanced. While few people will be surprised by the finding that legal gateways to environmental justice are largely ineffective, the reasons for this are revealing; but also the richness of detail and the comparisons between the different countries, and also the positive aspects which surfaced in several instances, were indeed both encouraging and sometimes surprising. This book presents the first comparative survey of access to environmental justice, and will be of considerable use to lawyers, policy-makers, activists and scholars who are concerned with the environmental issues which so profoundly affect and afflict our habitat and conditions of social justice throughout the world.Table of ContentsThe Contributors; Chapter 1: Access to Environmental Justice: Some Introductory Perspectives Andrew Harding; Chapter 2: Access to Environmental Justice in Ghana (Accra) James S. Read; Chapter 3: Access to Environmental Justice in India’s Garden City (Bangalore) Amanda Perry-Kessaris; Chapter 4: Access to Environmental Justice in Indonesia Adriaan Bedner; Chapter 5: Access to Environmental Justice in Malaysia (Kuala Lumpur) Andrew Harding and Azmi Sharom; Chapter 6: Access to Environmental Justice in a Politically Unstable Environment: A Case Study of Nepal Surya Subedi; Chapter 7: Access to Environmental Justice: Karachi’s Urban Poor and the Law Martin Lau; Chapter 8: Towards a Greener China? Accessing Environmental Justice in the People’s Republic of China Michael Palmer; Chapter 9: Access to Environmental Justice in the South West Pacific Nicola Pain; Chapter 10: Access to Environmental Justice and Public Participation in Thailand Thawilwadee Bureekul; Chapter 11: Access to Environmental Justice in United Kingdom Law Jean-Jacques Paradissis and Michael Purdue; Chapter 12: Access to Environmental Justice in the United States: Embracing Environmental and Social Concerns to Achieve Environmental Justice J. Mijin Cha; A Note on Environmental Law-Enforcement Duties Andrew Harding; Index.

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Book SynopsisThis volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective. All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are taken to task. Some of the essays have been previously published in a variety of legal periodicals, and have been reproduced in this volume in order to make them more widely accessible.Table of ContentsPreface; CHAPTER 1. THE RULES OF INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 2. THE CONCEPT OF “CONTINUING” VIOLATIONS OF HUMAN RIGHTS; CHAPTER 3. THE RULE OF LAW AND HUMAN RIGHTS (WITH SPECIAL REFERENCE TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS); CHAPTER 4. THE PROHIBITION OF DISCRIMINATION UNDER PROTOCOL 12 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 5. DETERMINING THE EXTRA-TERRITORIAL EFFECT OF THE EUROPEAN CONVENTION: FACTS, JURISPRUDENCE AND THE BANKOVIĆ CASE; CHAPTER 6. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS OF PERSONS WITH DISABILITIES; CHAPTER 7. THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF CYPRUS v. TURKEY; CHAPTER 8. THE PROTECTION OF THE RIGHT TO PROPERTY IN OCCUPIED TERRITORIES; CHAPTER 9. FREEDOM OF EXPRESSION AND THE RIGHT TO REPUTATION; CHAPTER 10. ENVIRONMENTAL PROTECTION THROUGH THE JURISPRUDENCE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 11. QUESTIONS OF FAIR TRIAL UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 12. THE RIGHT OF ACCESS TO A COURT AND THE DOCTRINE OF POLITICAL ACTS. CHAPTER 13. THE RIGHT TO RETURN.

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Book SynopsisNowadays we are fortunate enough to be experiencing a boom in human rights - an enormous increase of their importance in the international sphere at all levels (political, economic, social, legal and moral). For the first time the condition of the individual as “citizen,” and not just as “subject,” has gained importance. Individuals, and not only states, have now become the subjects of international law, as a result of the boom in humanitarian law and international criminal law. However, although there have been many battles won and goals met concerning human rights, the war against injustice continues and the fight has not ended. It is necessary to stay alert and to avoid a potentially paralyzing self-complacency. This collection focusses on topics that are particularly relevant for the present era. It examines issues such as multiculturalism, globalization, international criminal justice (specifically third and fourth generation rights) and, within this thematic framework, the problems that have come about as a result of the expanding reach of the Internet and of new biomedical advances. In addition, it explores the increasingly urgent challenge of how to respond to international terrorism, in view of worldwide events since September 11, 2001, and its resulting aftermath. Originally published in Spanish, this thought-provoking collection will be of interest to human rights scholars and practitioners alike.Table of ContentsForeword; I Introduction; II A Study of Some of the Main Challenges Currently Presented to Human Rights; 1 Multiculturalism and Human Rights; 2 The International Criminal Court; 3 Globalization and Human Rights; 4 The Most Recent Generations of Human Rights; 5 The Right to Peace and War Conflicts at Present; 6 The Issue of “Gender”; Table of Contents; III Some Concluding Thoughts; IV Bibliography; Index.

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Book SynopsisWhile the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.

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Book SynopsisThis collection offers an overview of the issues involved concerning the interface between human rights and intellectual property rights (IPRs). It makes clear that two schools of thought have developed. The first school maintains that human rights and IPRs are in fundamental conflict. Strong protection of IP is incompatible with human rights obligations. Thus, for resolving the conflict between the two, it is suggested that human rights should always prevail over IPRs. Whereas the second school of thought asserts that human rights and IPRs pursue the same aim; that is to define the appropriate scope of private monopoly power to create incentives for authors and inventors, while ensuring that the public has adequate access to the fruits of their efforts. Accordingly, they argue, human rights and IP are compatible. However, what is needed is to strike a balance between the provision of incentives to innovate and public access to products of that innovation. This collection explores this balance and the extent to which human rights standards can influence the interpretation of IP norms, for example in defining the scope of IPRs. The discussion on the relationship of human rights and IPRs is an ongoing one; this volume makes a valuable contribution to the debate and will further stimulate the interest to explore and address these complex and challenging issues. This is the second volume in The Raoul Wallenberg Institute of Human Rights and Humanitarian Law ‘New Authors’ series, which contains the best theses from the human rights masters programmes in Lund and Venice.Table of ContentsMpazi Sinjela Introduction; MD. Mahboob Murshed Curbing Software Piracy in eCommerce: Compatibility with Human Rights: Challenges and Possible Solutions; Anna Dahlberg Are Stronger Intellectual Property Rights an Obstacle or a Condition for International Technology Transfer?; Begench Ashirov A Case Study of the Dual Citizenship Arrangement Between Russia and Turkmenistan; Björn Ley Patent Rights and Access to Medicines: Are Patents Really the Only Barrier for Good Health Care in Developing Countries? christine lagström The Disappeared Children of El Salvador – a Field Study of Truth, Justice and Reparation; Vincents Okechukwu Benjamin What Is the Role of Professional and Civil Society Organisations beyond International Legal Mechanisms of Implementing Human Rights Treaties? Esther Almeida Traditional Knowledge: An Analysis of the Current International Debate Applied to the Ecuadorian Amazon Context; Jeannette Mwangi TRIPS and Agricultural Biotechnology: Implications for the Right to Food in Africa; List of Contributors.

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Book SynopsisUnder international human rights law, states are required to exercise due diligence to prevent, investigate, punish and provide redress for acts of violence against women. Accordingly, the due diligence standard presents a way to measure whether a state has fulfilled its obligations to prevent and respond to violence against women. Despite its growing popularity as a tool for promoting greater state accountability for violence against women by non-state actors, the content and scope of due diligence obligations remain vague. Against the backdrop of contemporary issues that pose threats to women’s rights, the contributors to this volume examine how the due diligence standard and other strategies can be applied as useful mechanisms to combat violence against women in various cultures worldwide.Table of ContentsPreface; Acknowledgements; Introduction; Section I Due Diligence: Standards, Problems and Outlook; The Due Diligence Standard: What Does It Entail for Women’s Rights?; The History and Development of the Due Diligence Standard in International Law and Its Role in the Protection of Women against Violence; Preventing Violence against Women: The Due Diligence Standard with Respect to the Obligation to Banish Gender Stereotypes on the Grounds of Article 5 (a) of the CEDAW Convention; Emerging Human Rights Obligations for Non-State Actors; Due Diligence and the Power of Economic Players; Due Diligence and the Fight against Gender-Based Violence in the Inter-American System; Applying the Due Diligence Principle in Asia Pacific; Section II Due Diligence in Context; Domestic Violence; South Africa’s Response to Domestic Violence; Violence against Women by Non-State Actors, a Responsibility for the State under Human Rights Law: Amnesty International’s Work on Domestic Violence; Spain: More Rights, but the Obstacles Remain; Trafficking in Women; Human Trafficking: A Brief Introduction to Issues of Responsibility and Accountability; Problems with the Implementation of the Due Diligence Standard from the Perspective of Countries of Origin in the OSCE Region; Human Trafficking in Germany; Violence against Women Legitimised with Arguments of ‘Culture’; Violence against Women, Cultural/Religious Traditions and the International Standard of Due Diligence; Violence against Women Legitimised by Arguments of ‘Culture’ – Thoughts from a Pakistani Perspective; Controlling Women’s Sexuality, Sustaining Dominant Culture(s), Legitimising Gender-Based Violence: The Case for Due Diligence; Violence in Armed Conflict; Violence against Women in Armed Conflict; Table of Cases; The Contributors; The Supporting Organisations; Index.

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Book SynopsisWhen does international law allow a State or group of States to adopt trade measures in order to “coerce” another State to comply with its international obligations to ensure respect for human rights? In answering this question this book draws together complex areas of international law which include the rules prohibiting interference in the internal affairs of sovereign States, the rules regulating extra-territorial exercises of jurisdiction, the law of State responsibility and the international legal rules requiring the protection of human rights and regulating international trade. The literature on “Trade and …” issues invariably focuses on a limited number of these areas, or approaches the issues from an international relations or economic perspective. This book will assist specialists in international human rights law and international trade law, academic and government lawyers who advise on or implement international trade policy and those studying the use of human rights related trade measures.Table of ContentsPreface; 1 Culture, Heritage and Human Rights: An Introduction Francesco Francioni; 2 The Cross-Cultural Legitimacy of Universal Human Rights: Plural Justification Across Normative Divides Tore Lindholm; 3 Self-Determination and Cultural Rights A.F. Vrdoljak; 4 Cultural Rights: A Necessary Corrective to the Nation State William K. Barth; 5 Protecting Peoples’ Cultural Rights: A Question of Properly Understanding the Notion of States and Nations? Matthias Ǻhrén; 6 Indigenous Peoples’ Cultural Rights and the Controversy over Commercial Use of their Traditional Knowledge Federico Lenzerini; 7 The Right of a People to Enjoy Its Culture: Towards a Nordic Saami Rights Convention Martin Scheinin; 8 Cultural Identity and Legal Status: Or, the Return of the Right to Have (Particular) Rights Enikő Horváth; 9 Minorities’ Right to Maintain and Develop Their Cultures: Legal Implications of Social Science Research Timo Makkonen; 10 The Role of the State in Balancing Religious Freedom with Other Human Rights in a Multicultural European Context Stéphanie Lagoutte and Eva Maria Lassen; 11 Accessing Culture at the EU Level: An Indirect Contribution to Cultural Rights Protection? Evangelia Psychogiopoulou; 12 Language Rights as Cultural Rights: A European Perspective Susanna Mancini and Bruno de Witte; 13 The Place of Cultural Rights in the WTO System John Morijn; 14 A Right to Cultural Identity in UNESCO Yvonne Donders; 15 Political Change and the ‘Creative Destruction’ of Public Space Sanford Levinson.

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Book SynopsisModels of Charitable Care analyses the practice of Catholic nuns in Amsterdam in the 19th and 20th century. Attention is paid to the ambiguous ascetic spiritual discourse that underpinned their work: it encouraged charity as solidarity with strangers, but caused intense emotional distance too. Historiography is mainly manufactured by religious and lay academics who shared the congregational perspective and presented fairly positive evaluations. Criticism from within, however, is voiced by care leavers who grew up in homes ran by religious. Some are grateful, others bitter. The sisters were living models who combined an anti-worldly outlook with a practical concern for vulnerable creatures. Relating various theoretical interpretations, a typology of three models is developed with ‘agency’ as the differentiating criterion.Trade Review"Van Heijst [komt] tot een zeer verfijnde en complete anlayse van de zorgpraktijk." Paul van Trigt, Vrije Universiteit Amsterdam "A must-read for every researcher in the historiography of care work by nuns and for those interested in the debates on what actually took place in the history of various religious-inspired forms of care." Annemieke van Drenth, Leiden University, The Catholic Historical Review, Vol. 95, No. 4 (October 2009), pp. 858-859. "An elegant [...] tome which should be a welcome addition to university libraries worldwide; academics working in the history of child care, bureaucrats wrestling with the problems of modern residential care and private readers interested in the subject." Barry M. Coldrey, Melbourne. In: Church History and Religious Culture, Vol. 90, No. 4 (2010), pp. 715-716.Table of ContentsAcknowledgements List of Illustrations List of Superior generals of the Poor Sisters of the Divine Child, or Sisters of ‘The Providence’ Introduction 1. A History of Care 2. Caring for Roosje 3. Men in Association: Class and Charity 4. Ladies and Housemaids: Gender and Charity 5. Powerful and Empowering Care: Confession and Charity 6. From the Viewpoint of Care-Receivers 7. The Care Vision in the Normative Texts 8. Caring for the Children of God 9. The Making of Charitable History 10. The Ethics of Charitable Care Glossary of Religious Terms Bibliography

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Book SynopsisAs the system of human rights special procedures goes forward to deal with the continuing and new challenges of human rights protection it is of great value to record and recall the considerable body of practice and precedents they have developed for the protection of human rights since the first special procedure was established in the mid 1960s. That is the particular merit of this path-breaking book. The author, who was one of the pioneers in the establishment and operation of the system of special procedures, tells in this book the story of the establishment, history, operations, successes and challenges of the special procedures through the lens of efforts for international protection. In the introduction he summarises their protection roles, which he sets out further in the substantive chapters. In the conclusion he provides an assessment of their protection roles. He notes that while they contribute greatly, the challenges of international protection are still many, and the author invites the international community to a higher level of protection.Table of ContentsForeword; Ambassador Peter Maurer; Introduction; Chapter; I. Contemporary Challenges of International Protection; II. Origins, Essence and Foundations of Special Procedures; III. The Protection Roles of Country Mandates; IV. The Protection Roles of Thematic Mandates; V. State, Individual, Corporate and International Responsibility; VI. Prevention, Urgent Action and Appeals; VII. Containment and Mitigation: The Transmittal of Complaints to Governments and Visits on the Spot; VIII. Fact-Finding, Recommendations, and Follow Up; IX. Remedies; X. Advocacy for Protection; Conclusion; Bibliography; Index

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Book SynopsisA central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.Table of ContentsPreface; List of contibutors; Part I: Overviews 1. Extraterritorial Immigration Control: What role for legal guarantees? - Bernard Ryan,; 2. Extraterritorial Immigration Control in the 21st Century: The individual and the state transformed - Valsamis Mitsilegas; Part II: International law aspects 3. The Concept of State Jurisdiction and the Applicability of the Non-refoulement Principle to Extraterritorial Interception Measures - Anja Klug and Tim Howe; 4. The International Law of the Sea and Migration Control - Richard Barnes; 5. The Legal Framework Concerning the Smuggling of Migrants at Sea under the UN Protocol on the Smuggling of Migrants by Land, Sea and Air - Tom Obokata; Part III: European Union aspects 6. Europe Beyond its Borders: Refugee and human rights protection in extraterritorial immigration control - Maarten den Heijer; 7. Extraterritorial Migration Control and Human Rights: Preserving the responsibility of the EU and its Member States - Evelien Brouwer ; 8. Extraterritorial Border Controls in the EU: the role of Frontex in operations at sea - Anneliese Baldaccini ; 9. The Transformation of European Border Controls - Elspeth Guild and Didier Bigo; Part IV: State practice Migration Control at Sea: The Italian case - Alessia di Pascale; 10. Extraterritorial strategies to tackle irregular immigration by sea: A Spanish perspective - Paula García Andrade; 11. Controlling Migration by Sea: The Australian case - Susan Kneebone; 12. US Migrant Interdiction Practices in International and Territorial Waters - Niels Frenzen; 13. The UK and Extra-territorial Immigration Control: Entry clearance and juxtaposed control - Gina Clayton; Selected bibliography; Index.

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Book SynopsisThe term “human rights” is relatively recent. It was first used in the late 18th century, in the West. However, many of the basic ideas behind that concept had long been current in various other cultures and civilizations. The book traces those ideas on a journey to some unexplored, or insufficiently explored, sources of what we now call human rights, in three stages: ancient China with Confucius and Mencius; the golden age of Islam with Avicenna, Averroes and Ibn Khaldun; and 16th century Spain with Las Casas and de Vitoria. The author’s conclusion is that human rights and the fundamental concepts of reason, justice and dignity which underlie them can be a powerful, leavening source of universal human unity.Table of ContentsAcknowledgements; Introduction: Why this book? A journey to some unexplored sources of human rights; Chapter I: First Stage – Harmony through Humaneness: Confucius and Mencius; Section 1: Confucius – loving the other; Section 2: Mencius – the thinking heart; Section 3: What have we discovered?; Chapter II: Second Stage – Faith and Reason Avicenna, Averroes and Ibn Khaldun; Section 1: Avicenna – the rational soul; Section 2: Averroes – the primacy of autonomous reason; Section 3: Ibn Khaldun – the global thinker; Section 4: What have we discovered?; Chapter III: Third Stage – The Equal Dignity of Others: Bartolomé de Las Casas and Francisco de Vitoria; Context: the theory and practice of Christian imperialism; Section 1: Bartolomé de Las Casas – champion of the “Indians”; Section 2: Francisco de Vitoria – tormented doubter and father of international law; Section 3: What have we discovered?; Conclusion: What have we discovered?; What are we bringing home from our journey? - A powerful incentive to promote intercultural and inter-religious dialogue; Index.

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Book SynopsisRe-understanding the Child’s Right to Identity - On belonging, Responsiveness and Hope, by Ya'ir Ronen offers an innovative understanding of the right to identity aiming to transform its meaning and thus its protection. Drawing on sources from different disciplines, including law, theology, philosophy, psychology and social work, the author offers a vision of social and legal change in which law is a healing force. In it, policies and practice protect children's sense of belonging recognizing human interdependence. They dignify children's disempowered narratives through their responsiveness, protect children's need to be authentic beings and nourish the hope for change and growth in children at risk and their familiesTable of ContentsExcerpt of Table of Contents Permissions; Acknowledgements; Forward; Prologue; Chapter 1: Re-understanding the Right to Identity as a Right to Belonging I. Introduction; II. The rationale for re-understanding the right to Identity; III. International law; IV. Identity in two cases; V. Conclusion; Chapter 2: Responsiveness to Children and Law’s Healing Power I.Introduction; II. Responsiveness to children's suffering, Therapeutic Jurisprudence and the path blazed by Emmanuel Levinas; III. Is there a cure to the universal phenomenon of denying children's suffering?; IV. How can protecting children actualize democracy's unique potential?; V. What should be the principal aim of state action on behalf of the suffering child?; VI. How can we respond to the child's suffering through The Best Interests Principle?; VII. More on responding to the child's experience in a multicultural society; VIII. Conclusion; Chapter 3: Children’s Identity, Constructing Memory through Law and Its Responsiveness to Children I. Introduction; II. Alienation, children's experience and doctrinal thinking; III. Self-constructing identity and remembering as dynamic processes; IV. Authoring Memory through law and the Challenge of Psychological Mindedness; V. Struggling over Memory; VI. Protecting the Family Lives of Children from Disadvantaged Homes; VII. Conclusion; Chapter 4: The Child’s Right to be Oneself I. Introduction; II. Neglect of the need 'to be' and a preoccupation with material progress; III. Protecting the child‘s need to be a spiritually authentic being; IV. Postmodernism and the need to be one‘s self within a committed family that offers the child values; Chapter 5 The Courage to Hope and Protecting Children’s Sense of Belonging: The Case of Child Protection I. Introduction; II. On skepticism and reality; III. On social responsibility and the public response to children at risk and their families ; IV. Conclusion. Index

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Book SynopsisIn Beyond Parliament Horman Chitonge offers a unique combination of the conceptual dimensions with the practical examples of human rights discourse deployed as an instrument for social change in the global south. He uses the right to water and the right to food to illustrate that human rights are never given on a silver platter; giving effect to human rights is always an outcome of a continuous struggle to protect human dignity and value. To implement this view of human rights, the book argues, requires going beyond the parliamentary politics of recognising and acknowledging human rights in statutes and bill of rights to the radical democratic politics of giving effect to the recognised rights, especially among the poor and marginalised.Table of ContentsTables and Figures; Acronyms; 1 The Politics of Eating and Drinking 2 The Human Rights Discourse: An Overview 3 Human Rights Development: Building Bridges 4 Human Rights in Democratic Politics 5 The Right to Water: Foundation, Content and Scope 6 The Right to Food: Origin, Content and Scope 7 The Rights to Water and Food in International and Local Politics 8 The Rights to Water and Food: Strategies and Lessons from Global South Bibliography; index.

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Book SynopsisIn National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.Table of ContentsIntroduction; 1. Nationalism; 2. Living Together in Multinational States: Self-determination of Peoples and Multiculturalism ; 3. Federalism and Three Case Studies: Canada, Belgium, and Spain; 4. A Model of Citizenship (Stage I): Liberalism, Multiculturalism, and Civic Nationalism; 5. A Model of Citizenship (Stage II): Civic-Nationalism-Plus; 6. Multicultural Education and Multicultural Citizenship: Toward Civic Equality; 7. Case Study: The Jewish–Palestinian National Conflict in Israel; I. The Zionist Project: Israel as the Homeland of the Jews; II. The Formation of an Israeli Identity; III. Civic-Nationalism-Plus in Israel: Toward a New Israeli Identity; Conclusion; Appendices; I. Re Secession of Quebec [1998]; II. Belgium's National Anthem: “La Brabançonne” (French, Dutch, and German lyrics and English translation); III. Canada's National Anthem: “O Canada” (English and French lyrics); IV. The Canadian Flag; V. The Israeli Flag; VI. Israel’s National Anthem (Hebrew Lyrics and English translation); VII. Israel’s Proclamation of Independence (14 May 1948); Index

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Book SynopsisThe Kaohsiung Incident of 1979-1980 disturbed Taiwan’s dictatorship and ultimately contributed to Taiwan’s democratization. This book analyzes the precursors to the Kaohsiung Incident, the Kaohsiung Incident itself, the following trials and the contributions of these events to Taiwan’s democratization. After the indictments were issued, the murder of the mother and twin daughters of Lin I-hsiung, one of the defendants, shocked Taiwan and the world. The government accused the author, a well-known scholar of Taiwan, of being involved in the murder case and he was placed under “police protection” for three months. Part 2 of this book is the writer’s memoir of that period.Trade ReviewFrom the reader's report: “The author has given us a very, very wonderful book that many, I would hope, would read and take to heart. What he writes about is a major moment in modern Taiwan’s history and many should know it and what it has meant to the later evolution of Taiwan’s state and society—and place in the world. The book is very unique and useful piece of scholarship.” Murray A. Rubinstein, Senior Research Scholar, Weatherhead Institute, Columbia University 'Jacob’s latest effort, The Kaohsiung Incident in Taiwan and Memoirs of a Foreign Big Beard, is geared toward academics or people with a specific interest in Taiwanese history and politics who would probably find the entire book interesting or at least valuable. But the second half of the book, which contains Jacobs’ memoir, is so much more engaging, unique and personal that it could make a fun read for anybody. It is almost a shame to put it last.' Han Cheung, Taipei Times, Sat, Aug 13, 2016 'In this slim two-part volume titled The Kaohsiung Incident in Taiwan and Memoirs of a Foreign Big Beard, Jacobs provides the context in which the events leading to the transformative incident occurred (...) Part I, which constitutes the bulk of the book, is relatively straightforward and is short enough to serve as a useful introduction for readers who aren’t familiar with Taiwanese history.Far more personal is the second part of the book, where Jacobs describes the murder of the mother and twin daughters of activist Lin I-hsiung (one of the defendants first discussed in Part I) and how the atrocity affected the author’s own safety and freedom. (...) Jacobs’ brief history of a traumatic period in Taiwan’s not-too-distant-past is a reminder that democratization is not an end state but rather a process that is never completely achieved.' J. Michael Cole, Taiwan Sentinel (https://sentinel.tw/memoirs-of-a-foreign-big-beard/) 'The title of Jacobs’s book, The Kaohsiung Incident in Taiwan and Memoirs of a Foreign Big Beard, immediately informs us that we’re in the right territory. Here we have a carefully negotiated balance of scholarly evenness and personal memoir. The monograph is attentively divided into two narratives. Drawing upon multiple sources, the contextual, scholarly section details the events leading up to the incident, its aftermath, and the implications of that fateful day. The author’s own participation in the events draws the reader in. From within, you get the sense of theatre that other accounts of the incident have not quite achieved. (...) Jacobs’s personal memoir is not the only one...yet [his]... marriage of emotional memoir to scholarly context in this volume is exemplary. (...) [T]his book is an important text that is useful not just for the study of Taiwan and the region, but also for comparative research on microhistorical inquiries of authoritarianism and protest as well as connected or transcultural histories.' Niki J.P. Alsford, University of Central Lancashire, UK, International Journal of Taiwan Studies 1 (2018) 'Bruce Jacobs, an important figure in Taiwan history both as a principal and a scholar, has produced a useful, informative and long-awaited book on the political watershed events in Taiwan between late 1979 and mid-1980, along with the unexpected and unwanted roles he ended up playing in them. It is essential reading for anyone interested in democratization and the struggle for respect for human rights in modern Taiwan history. (...) This engaging, informative and reasonably priced volume belongs in the libraries of Taiwan history scholars and buffs and in the libraries of serious academic institutions throughout the world.' DAVID CURTI S. WRIGHT, University of Calgary, The China Quarterly, 235 (2018)

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Book SynopsisAi Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.Table of ContentsExcerpt of table of contents: Foreword by William G. O’Neill Abstract; Acknowledgement; List of Cases; List of Treaties; Acronyms; CHAPTER 1: INTRODUCTION 1. The issue; 2. The evolution of UN Peace Operations; 3. The scope of this work; 4. Issues outside the scope of this work; 5. Structure; 6. Definitions and clarifications; 7. Conclusion; CHAPTER 2: UN POLICE IN PEACE OPERATIONS 1. Evolution of the functions of the UN Police in UN Peace Operations; 2. The growth in size of the UN Police; 3. Ensuring the deployment of the required types of personnel; 4. Conclusion; CHAPTER 3: EVIDENCE OF THE COMMISSION OF CRIMES BY UN POLICE 1. Findings regarding particularized allegations; 2. Possible patterns of criminal conduct; 3. Evidence of prosecution; 4. Conclusion; CHAPTER 4: CURRENT UN MACHINERY FOR COLLECTINGINFORMATION FOR DOMESTIC CRIMINAL PROCEEDINGS 1. Benchmarks; 2. Evolution of the approach to, and the mechanisms for, dealing with criminal misconduct; 3. Analysis of the mechanisms’ performance; CHAPTER 5: CRIMINAL JURISDICTION UNDER INTERNATIONAL LAW AND NATIONAL LAW 1. Introduction; 2. Criminal laws to which the UN Police are subject; 3. International law governing jurisdiction; 4. National laws dealing with jurisdiction; 5. Conclusion; CHAPTER 6: IMMUNITY AS A POTENTIAL LEGAL BARRIER 1. The law of immunity; 2. Application of immunity in practice; 3. Conclusion; CHAPTER 7: IS THERE AN OBLIGATION TO INVESTIGATE AND PROSECUTE? 1. IHRL monitoring mechanisms; 2. A State’s obligation to investigate and prosecute UN Police officers, in relation to serious crimes; 3. Scope of the obligation; 4. The obligation of the host State to investigate and prosecute; 5. The sending State’s obligation; 6. Special circumstances pertaining to Formed Police Units (FPUs); 7. Does immunity have any impact on the State’s obligation to prosecute?; 8. Does the UN have an obligation to investigate and prosecute crimes committed by UN Police officers?; 9. Conclusion; CHAPTER 8: CONCLUSION; Index.

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Book SynopsisThe Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 1 is ISIS and Implications for Human Rights and Humanitarian LawTable of ContentsEditorial; 1. Focused Theme: ISIS & Implications for Human Rights and Humanitarian Law I. Nazir Afzal, Increasing the Civic Society Contribution to Tackling Extremism: We need a new Civic Response to Tackle Extremism II. Michael Wood, Michael Legal Aspects of the Use of Force against ISIS III. Mohamed Badar, The Self-Declared Islamic State and Ius ad Bellum under Islamic International Law IV. Ignacio DeLa Rasilla, Ignacio An International Counter Terrorism Court in Nuce in the Age of International Adjudication? V. Silvia Venier, & Denise Venturi, ISIS and the violations of human rights of sexual minorities: Is the international community responding adequately? 2. General Articles I. Matthias Vanhullebusch, Fighting for Self-Determination: On equality of peoples and belligerents II. Viviane Weng, Domestication of International Human Rights Norms in Taiwan: A dialogue through conventionality review under construction III. Maartje de Vissier, Cultivating Judicial Conversations on Human Rights Protection under the Auspices of a Regional Rights Regime IV. Rawa Al-Makky, The League of Arab States and the Arab Charter on Human Rights: an assessment 3. Recent Developments & State Practice I. Eunwon Yi, Analysis of the Second Universal Periodic Review of the DPRK: Universality and Politicisation of Human Rights II. Guo Sanzhuan, Independence of National HR Instiutions and linkage between International law and domestic law: A case study of National Human Rights Commission of Korea III. Alessandra La Vaccara, IHL’s Achilles Heel: Ensuring compliance after the 32nd International Conference of the Red Cross and Red Crescent 4. Documents SAARC Conventions: SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia; Additional Protocol (to the SAARC Regional Convention on Suppression of Terrorism); The Arab League: Arab Charter on Human Rights; Organisation of Islamic Cooperation: The Cairo Declaration on human rights in Islam; Statute of the OIC Independent Permanent Human Rights Commission; Covenant on the Rights of the Child in Islam; Index.

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Book SynopsisTo which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.

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Book SynopsisIndigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.Trade Review"Written with passion by a group of experts in the field of indigenous rights, this book is a must-read for anyone interested in the current developments concerning the realisation and enforcement of these rights. The focus on indigenous Sámi communities renders the reading of this book particularly engaging for a European audience. while the wider international and domestic contexts are undoubtedly interesting for all readers working in the spectrum of disciplines associated with indigenous rights, including international human rights law, cultural heritage law, land rights, environmental law, and procedural justice." - Andrzej Jakubowski, XXXVII Polish Yearbook of International Law, Warsaw, 2018, pp. 303-307 (DOI 10.7420/pyil2017p)Table of ContentsIntroduction International Instruments on Cultural Heritage: Tales of Fragmentation  Alexandra Xanthaki Indigenous Peoples, Human Rights, and Cultural Heritage: Towards a Right to Cultural Integrity  Jérémie Gilbert Indigenous Cultural Heritage in the Implementation of UNESCO’s WorldHeritage Convention: Opportunities, Obstacles and Challenges  Stefan Disko Towards Sámi Self-determination over Their Cultural Heritage: The UNESCO World Heritage Site of Laponia in Northern Sweden  Leena Heinämäki, Thora Herrmann and Carina Green On Transfer of Sámi Traditional Knowledge: Scientification, Traditionalization, Secrecy, and Equality  Elina Helander-Renvall and Inkeri Markkula Indigenous Creativity and the Public Domain – Terra Nullius Revisited?  Mattias Åhrén An Ontological Politics of and for the Sámi Cultural Heritage – Reflections on Belonging to the Sámi Community and the Land  Sanna Valkonen, Jarno Valkonen and Veli-Pekka Lehtola Links between Lands, Territories, Environment and Cultural Heritage – The Recognition of Sámi Lands in Norway  Øyvind Ravna The Self-Governing of Inuit Cultural Heritage in Canada: The Path so Far  Violet Ford Cultural Heritage, Traditional Knowledge and Intellectual Property  Daphne Zografos Johnsson and Hai-Yuean Tualima Wider Use of Traditional Sámi Dress in Finland: Discrimination against the Sámi?  Piia Nuorgam The Cultural Heritage of South Africa’s Khoisan  Willa Boezak Indigenous Peoples’ Right to Own Legal Orders and Governance Systems in The International Human Rights Regime  Anne-Maria Magga Under the Umbrella: The Remedial Penumbra of Self-Determination, Retroactivity and the Restitution of Cultural Property to Indigenous Peoples  Shea Elizabeth Esterling Reparations for Wrongs against Indigenous Peoples’ Cultural Heritage  Federico Lenzerini Contributors Index

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Book SynopsisThe truck system was a global phenomenon in the period 1865-1920, where workers were paid through the company store. In Beyond Racism and Poverty Karin Lurvink looks at how this system functioned on plantations in Louisiana in comparison with peateries in the Netherlands. In the United States, the system is often viewed as a 'second slavery' and strongly associated with racism. In the Netherlands, however, not racism but poverty has been seen as the main reason for its continued existence. By using a variety of historical sources and by analyzing the perspectives of both employers and workers, Lurvink provides new insights into how the truck system worked and can be explained. She reveals how the system was not only coercive but had advantages for the workers as well, which should not be overlooked.Table of ContentsPreface Acknowledgements List of Illustrations Abbreviations and Conventions Glossary Introduction  The Truck System—A Nineteenth-Century Global Phenomenon  American Historians Discussing the Truck System—Racism  Dutch Historians Discussing the Truck System—Poverty  Selecting the Research Cases  Rational Choice-Approach  Voice from the Past: Source Material  Outline 1 Bayous and Bogs—The Geography of Isolation  The Louisiana Countryside  Louisiana Rivers, Creeks, Lakes, and Bayous  Railroads—An Improved Connection to the Outside World  Dutch Roads and Highways of Water 2 Truck Payments  Fields of Cotton and Sugarcane  Permanent and Seasonal Peat Lands  Truck Payments   Direct Non-Cash—Something to Eat and a Few Rags to Wear?   Indirect Non-Cash—The Company Store   Colorful Tokens and Handwritten Store Notes   Living off Future Income  Piles of Greenbacks, Dollars, and Guilders  Conclusions 3 Abuse? The Effects of the Truck System  Whiskey, Jenever, and Alcoholics  High Price, Low Quality  Usurious Interest Rates  Debt Peonage  Conclusions 4 Costs and Benefits—The Employer’s Perspective  Costs—The Opposite of the Truck System  Economic Forces and Financial Difficulties   Strapped for Cash   Miserable Years and Declining Profits   ‘The Queerest Looking Creatures’—Labor Supply and Productivity  ‘The Misery of this Time’ and Truck Payment Methods  Conclusions 5 Carrots, Cake, and Candy—The Store as a Positive Incentive  Presents ‘Joyfully Accepted’  Facilitating Commerce   Self-sufficient Little Worlds of Their Own?   The Alternative Marketplace –‘A Welcome Sight to the Rural Resident’   Credit Scarcity  Consumerism and the Physical Artifacts of Modern Life   ‘From Something to Eat, to Something to Work, to Something to Wear’   Shopping in the Peat Employer’s Store—‘The More We Take, the More We Have’   Access to Desires  Conclusions 6 Sticks and Strikes—The Store as a Negative Incentive  Debating and Denouncing the Truck System  ‘No Way to Check the Honesty of the Records’  Lack of Freedom  Racist Truck System?  Conclusions 7 The Power of Racism and Class  Increasing Terror  Declining Resistance  Racism and the Truck System  No Truck, No Job  Lowest Class of Society  Conclusions Conclusion  Main Conclusions  Racism and Poverty  Beyond Louisiana and the Netherlands: Suggestions for Future Research Appendices  Appendix 1. Louisiana Database and Method of Analysis   Creating the Database   Method of Analysis  Appendix 2. Dutch Database and Method of Analysis  Appendix 3. Harry Baptiste and Samuel Taylor—Oral History Interview 2011  Appendix 4. Isolation and Infrastructure Sources  Unpublished Sources   Peateries   Plantation Administrations  Photographs  Tokens  Interviews  Printed Sources  Newspapers  Dutch Newspapers  Universiteitsbibliotheek Vrije Universiteit  Government Documents  Dutch Government Documents  Second Chamber Reports  First Chamber Reports  Maps  Miscellaneous  Published sources  Price Data  Travel Accounts  Miscellaneous Bibliography  Literature  Unpublished Studies Index

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Book SynopsisIn Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria, Ahmed Salisu Garba provides an account of how states in Northern Nigeria have enacted laws to regulate religious preaching in the spheres of influence. The work examines the debates surrounding the laws and how the state in collaboration with dominant religious groups persecuted members of minority religious in the states. The author applied an argumentative approach to raise and analyse issues relating to the reasonability of the laws in Nigeria, reasons for their enactment, judicial review mechanisms employed in the determination of the reasonability of the laws in democracies, and how they accord with the freedom of religion clause in the Nigerian Constitution.

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