Law: Human rights and civil liberties Books
Stanford University Press #HumanRights: The Technologies and Politics of
Book SynopsisSocial justice and human rights movements are entering a new phase. Social media, artificial intelligence, and digital forensics are reshaping advocacy and compliance. Technicians, lawmakers, and advocates, sometimes in collaboration with the private sector, have increasingly gravitated toward the possibilities and dangers inherent in the nonhuman. #HumanRights examines how new technologies interact with older models of rights claiming and communication, influencing and reshaping the modern-day pursuit of justice. Ronald Niezen argues that the impacts of information technologies on human rights are not found through an exclusive focus on sophisticated, expert-driven forms of data management but in considering how these technologies are interacting with other, "traditional" forms of media to produce new avenues of expression, public sympathy, redress of grievances, and sources of the self. Niezen considers various ways that the pursuit of justice is happening via new technologies, including crowdsourcing, social media–facilitated mobilizations (and enclosures), WhatsApp activist networks, and the selective attention of Google's search engine algorithm. He uncovers how emerging technologies of data management and social media influence the ways that human rights claimants and their allies pursue justice, and the "new victimology" that prioritizes and represents strategic lives and types of violence over others. #HumanRights paints a striking and important panoramic picture of the contest between authoritarianism and the new tools by which people attempt to leverage human rights and bring the powerful to account.Trade Review"What is the connection between emerging information technologies and the rise of global human rights? Ronald Niezen addresses this question with imagination and acuity, exploring the extent to which their interplay portends a future of greater political domination, emancipatory potential, or a complex mix of both. A critical issue, and book, worthy of very close attention." -- John and Jean Comaroff * Harvard University *"No longer confined to the courts and clinical reports, the discourse of human rights is now claimed by activists marching in the streets, spray-painted on urban walls, and invoked to enroll participants and engage allies through social media. Ronald Niezen's groundbreaking and insightful book tracks the emergence of these new mediascapes and compellingly explains why they matter." -- Stuart Kirsch * author of Engaged Anthropology: Politics beyond the Text *"#HumanRights shines much-needed light on the use of digital information to illuminate human rights violations around the world. Ronald Niezen spotlights how human rights advocates' embrace of innovative methodologies is shifting the field of practice—to corroborate survivors' stories, verify contested facts, and ultimately contribute to the realization of justice." -- Alexa Koenig * UC Berkeley School of Law *"An insightful human rights analysis, intellectually rigorous and culturally nimble." -- Kirkus Reviews
£21.59
Stanford University Press Queer Alliances: How Power Shapes Political
Book SynopsisA unique investigation into how alliances form in highly polarized times among LGBTQ, immigrant, and labor rights activists, revealing the impacts within each rights movement. Queer Alliances investigates coalition formation among LGBTQ, immigrant, and labor rights activists in the United States, revealing how these new alliances impact political movement formation. In the early 2000s, the LGBTQ and immigrant rights movements operated separately from and, sometimes, in a hostile manner towards each other. Since 2008, by contrast, major alliances have formed at the national and state level across these communities. Yet, this new coalition formation came at a cost. Today, coalitions across these communities have been largely reluctant to address issues of police brutality, mass incarceration, economic inequality, and the ruthless immigrant regulatory complex. Queer Alliances examines the extent to which grassroots groups bridged historic divisions based on race, gender, class, and immigration status through the development of coalitions, looking specifically at coalition building around expanding LGBTQ rights in Washington State and immigrant and migrant rights in Arizona. Erin Mayo-Adam traces the evolution of political movement formation in each state, and shows that while the movements expanded, they simultaneously ossified around goals that matter to the most advantaged segments of their respective communities. Through a detailed, multi-method study that involves archival research and in-depth interviews with organization leaders and advocates, Queer Alliances centers local, coalition-based mobilization across and within multiple movements rather than national campaigns and court cases that often occur at the end of movement formation. Mayo-Adam argues that the construction of common political movement narratives and a shared core of opponents can help to explain the paradoxical effects of coalition formation. On the one hand, the development of shared political movement narratives and common opponents can expand movements in some contexts. On the other hand, the episodic nature of rights-based campaigns can simultaneously contain and undermine movement expansion, reinforcing movement divisions. Mayo-Adam reveals the extent to which inter- and intra-movement coalitions, formed to win rights or thwart rights losses, represent and serve intersectionally marginalized communities—who are often absent from contemporary accounts of social movement formation.Trade Review"In the real world, queer alliances come together and fall apart again and again. Erin Mayo-Adam's fascinating grassroots interviews show how these often uncontrolled and uncontrollable 'rights episodes' both empower and exploit sexually marginalized, vulnerable people. A must read for anyone interested in twenty-first century rights formation and the future of the LGBTQ movement." -- Susan Burgess * Ohio University *"Erin Mayo-Adam's compelling book paints an intimate portrait of how coalitions form and break down at the grassroots level. An essential read for those who study and participate in movements, Queer Alliances illustrates what makes social movements tick from a fresh perspective and explains how rights can both liberate people and reinstate hierarchies." -- Julie Novkov * University at Albany, SUNY *
£21.59
Stanford University Press Skimmed: Breastfeeding, Race, and Injustice
Book SynopsisBorn into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America's first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk's profits from a previously untapped market of Black families skyrocketed. Over half a century later, baby formula is a seventy-billion-dollar industry and Black mothers have the lowest breastfeeding rates in the country. Since slavery, legal, political, and societal factors have routinely denied Black women the ability to choose how to feed their babies. In Skimmed, Andrea Freeman tells the riveting story of the Fultz quadruplets while uncovering how feeding America's youngest citizens is awash in social, legal, and cultural inequalities. This book highlights the making of a modern public health crisis, the four extraordinary girls whose stories encapsulate a nationwide injustice, and how we can fight for a healthier future.Trade Review"Skimmed provides a powerful portrait of how racism fuels the disparity between who breastfeeds in the U.S. Freeman shows that race continues to matter, even when it comes down to our children's first food, despite many Americans' belief that we are beyond race."—Khiara M. Bridges, University of California, Berkeley"Recovering the remarkable story of the Fultz quadruplets, Andrea Freeman brilliantly reveals how racism, economic inequality, and an unholy alliance between corporations and federal programs create the racial disparity in breastfeeding. Skimmed connects longstanding stereotypes to structural impediments that deny Black mothers the ability to decide for themselves how to feed their babies. This urgent book reveals the deadly consequences of a health crisis that implicates race, gender, economic, food, and reproductive justice."—Dorothy Roberts, author of Killing the Black Body: Race, Reproduction, and the Meaning of Liberty"This book blew me away. In prose that is equally rigorous and lush, Andrea Freeman walks us into the making of an engineered health crisis through the lives of four Black girls. Skimmed patiently explores the nexus between Blackness and Indigeneity, engineered terror and liberatory possibilities. It is the rare book that my heart will never forget, and my head will always wonder how on earth Freeman pulled this off."—Kiese Laymon, author of Heavy: An American Memoir"Skimmed weaves together the story of the Fultz family with history and legal scholarship to explain how medical coercion and white supremacy have shaped Black communities' access to first food. Offering solutions from food justice organizers, Andrea Freeman shows us a path to supporting families who want to breastfeed."—Dani McClain, author of We Live for the We: The Political Power of Black Motherhood"'Wow!' is my understated expression while reading, pausing and writing notes [on Skimmed]. It is a defining read alongside Bryan Stevenson's Just Mercy....Anyone who will listen to me, I am telling about Skimmed."—Wenonah Valentine, MBA, Founder in Residence and Executive Director, iDREAM for Racial Health Equity, a project of Community PartnersTable of ContentsIntroduction: A Formula for Discrimination 1. The Famous Fultz Quads 2. Black Breastfeeding in America 4. The Bad Black Mother 5. When Formula Rules 6. Legalizing Breast Milk 7. The Fultz Quads after Pet Milk Conclusion: "First Food" Freedom
£15.29
Stanford University Press The Transition: Interpreting Justice from
Book SynopsisEvery Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings—often in concurrences or dissents—richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates—on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations. Trade Review"[A]n intriguing examination. Kiel reveals some surprising similarities between [Marshall and Thomas], including a shared distrust of institutional authority, while never losing sight of their fundamental differences. The result is an enriching and nuanced study of the debates over how best to promote racial progress in America."—Publishers Weekly"As the country continues to search for the true meaning of equality, this compelling dual portrait of the first two Black Supreme Court justices shows how what was a noble vision for one became a bitter burden for the other. There is irony and even tragedy in Daniel Kiel's account of the transition not only from one justice to another but to a new and troubled chapter of the American story."—Linda Greenhouse, author of Justice on the Brink"Beautifully written, expertly argued, carefully considered, The Transition forces us to evaluate Justices Marshall and Thomas on their own terms and in the process nudges us to acknowledge our biases. The world and its most important issues, race so often foremost among them, are never so simple as headlines or judicial holdings would make them. The Transition helps us see the ways in which both men were trapped by and transcended their experiences."—Derek Black, author of Schoolhouse Burning"Daniel Kiel has told a compelling story about how the schooling of these two figures and the schools' cases that they've worked on as justices reflect foundational tensions within the American experiment. Readers will better understand the forces that shaped these two lives and the ways those forces continue to impact the interpretation of the constitution today."—Kimberly Jenkins Robinson, editor of A Federal Right to Education"Thurgood Marshall desegregated the U.S. Supreme Court; the successor to his seat—Clarence Thomas—used his position to reject view after view advanced by Marshall. How these two historic figures came to their roles and their views and what their work means for America, law, and justice receive needed illumination in Daniel Kiel's valuable and fascinating account."—Martha Minow, author of In Brown's Wake: Legacies of America's Educational Landmark"Kiel draws on the writings and life experiences of the two justices to flesh out the scope of their disparate approaches, and explores the difference that Thomas has made in education cases, the constitutional area in which race is most salient. Kiel paints a clear picture of how the Court handles legal and personal variables in this important field.... Recommended."—P. Lermack, CHOICETable of ContentsIntroduction: Race, Schools, and the Justices of the Supreme Court 1. Brethren, of a Sort 2. Mr. Civil Rights 3. Separate and Unequal 4. Living a Post-Brown Reality 5. Pioneering at a Price 6. To Enter a Burning House 7. Stigmatic Injury 8. In Defense of Black Institutions 9. Cycles of Expansion and Backlash 10. Stepping Backwards 11. Putting the Genie Back in the Bottle 12. Quotas 13. Getting Somebody In, Keeping Somebody Out 14. Fixed or Flexible 15. Colorblindness Ascendant Conclusion: The Rule of Law
£23.39
Stanford University Press Against Progress: Intellectual Property and
Book SynopsisWhen first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.Trade Review"Against Progress is a satisfying, witty, and altogether magnificent provocation about the ethical limits of owning ideas. What happens when 'the road to progress' (which patent, intellectual property, and trademark laws are supposed to sustain) becomes littered with privatized toll booths and heavy fines? What happens when the right to profit from one's creativity hardens into an extractive vise so overreaching that it stifles broad economies of knowledge production? Most importantly, what happens when the internet's pyrrhic gift of viral reproductibility enables vast abuses of power, outright theft, and the widespread impoverishment of musicians, artists, writers, inventors? Jessica Silbey's brilliant book reanimates the values and virtues that once informed this legal arena: fairness, honesty, civic empathy, restraint, and the world-building sociality of shared creative enterprise."—Patricia J. Williams, Northeastern University"Against Progress announces a timely and needful reorientation of intellectual property scholarship in North America, insisting on democracy, rather than efficiency, as the organizing conceptual principle, offering an unusually insightful and revitalizing translation of efficiency into otherwise latent social justice concerns, and thus of narrowly framed economic issues into vivid dialogues and contestations about political culture. A remarkable work."—Abraham Drassinower, University of Toronto"I have long thought that we as IP lawyers would do well to listen to the voices of creators—especially when those creators are not clients of ours. Against Progress does a fantastic job of letting those creators express, in their own voices, the struggles they face trying to adapt their professional lives to a changing technological environment. Kudos to Silbey for letting their voices be heard, framed by high-level legal discussion of whether our IP laws are doing the work of advancing progress—or pushing back on it."—Gaston Kroub, Above the Law"[Silbey's] book is well-researched and organized and includes an excellent analysis of traditional IP case law and interviews with more than 100 real-world creators about how they navigate the IP law system.... This is an important read for anyone interested in the shifting policies surrounding IP law. Recommended."—J. D. Graveline, CHOICETable of ContentsIntroduction: Is Progress More? 1. Everyone's a Photographer Now: The Case of Digital Photography 2. Equality 3. Privacy 4. Distributive Justice (or "Fairer Uses") 5. Precarity and Institutional Failures Conclusion
£23.39
University of Pennsylvania Press Frontiers of Gender Equality: Transnational Legal
Book SynopsisIn Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book’s contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.Trade Review"This book is a valuable addition to the field of women’s rights, as it provides substantive insights into a range of transnational legal developments in the quest for transformative gender equality and non-discrimination rights...[H]ighly recommended. The contributions provide insight into the importance of feminist theories concerning gendered harms, intersectionality, substantive and transformative gender equality and non-discrimination, international and regional laws and their functioning, and the importance of reimagining existing jurisprudence through a feminist lens. " * The South African Law Journal *"This is a substantive publication, whose primary task is to analyze international and regional human rights treaty legislation designed to eliminate gender discrimination and to secure gender equality. Divided into three parts, the publication presents a series of very thoughtful essays from a number of renowned legal experts on (a) what is gender equality; (b) how human rights treaty systems can advance the case of gender equality better; and (c) how can the concept of gender equality evolve continually to meet new social realities?..." * New York Journal of Books *"[A] solid account and does well to touch upon developments in recent years. Authors illustrate their theories on inequality and discrimination with the experiences of, for example, transgender women athletes, indigenous women and water access, the under-representation of women in clinical research and the spike in domestic violence during the COVID-19 lockdown. The book therefore offers newcomers a foundational text while for others, it is a thought-provoking addition to the scholarship, with reconfigured theories on how to strengthen the institutional structures, both internationally and domestically, that have been designed to protect rights and particularly for those individuals currently left behind. " * Asian Journal of Internaitonal Law *"Frontiers of Gender Equality is required reading for those wanting to learn about the evolution of gender equality law and where additional analysis is warranted to secure the democratic ideals of gender equality." * from the Foreword by Cecilia Medina Quiroga, Former Judge, the Inter-American Court of Human Rights, and former member and Chair, the UN Human Rights Committee *
£72.00
University of Pennsylvania Press Frontiers of Gender Equality: Transnational Legal
Book SynopsisIn Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book’s contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.Trade Review"This book is a valuable addition to the field of women’s rights, as it provides substantive insights into a range of transnational legal developments in the quest for transformative gender equality and non-discrimination rights...[H]ighly recommended. The contributions provide insight into the importance of feminist theories concerning gendered harms, intersectionality, substantive and transformative gender equality and non-discrimination, international and regional laws and their functioning, and the importance of reimagining existing jurisprudence through a feminist lens. " * The South African Law Journal *"This is a substantive publication, whose primary task is to analyze international and regional human rights treaty legislation designed to eliminate gender discrimination and to secure gender equality. Divided into three parts, the publication presents a series of very thoughtful essays from a number of renowned legal experts on (a) what is gender equality; (b) how human rights treaty systems can advance the case of gender equality better; and (c) how can the concept of gender equality evolve continually to meet new social realities?..." * New York Journal of Books *"[A] solid account and does well to touch upon developments in recent years. Authors illustrate their theories on inequality and discrimination with the experiences of, for example, transgender women athletes, indigenous women and water access, the under-representation of women in clinical research and the spike in domestic violence during the COVID-19 lockdown. The book therefore offers newcomers a foundational text while for others, it is a thought-provoking addition to the scholarship, with reconfigured theories on how to strengthen the institutional structures, both internationally and domestically, that have been designed to protect rights and particularly for those individuals currently left behind. " * Asian Journal of Internaitonal Law *"Frontiers of Gender Equality is required reading for those wanting to learn about the evolution of gender equality law and where additional analysis is warranted to secure the democratic ideals of gender equality." * from the Foreword by Cecilia Medina Quiroga, Former Judge, the Inter-American Court of Human Rights, and former member and Chair, the UN Human Rights Committee *
£39.20
Bristol University Press Beyond the Virus: Multidisciplinary and
Book SynopsisAs the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.Table of ContentsPart 1: Introduction Introduction: Beyond the Virus – Perspectives on Power, Gender and Marginalization - Sabrina Germain and Adrienne Yong Part 2: Power and Governance 1. Beyond Liberty: A Republican Perspective on COVID-19 Restrictions and the Politics of Freedom - Gwilym David Blunt 2. Beyond Authority and Governance in Israel during the COVID-19 Pandemic: A Crumbling of Solidarity and the Rise of Social Inequalities - Roy Gilbar and Nili Karako-Eyal 3. Mitigating Social Inequities in Quebec: Governance Law to the Rescue? - Marie-Ève Couture-Ménard, Louise Bernier, Mylaine Breton and Jean-Frédéric Ménard Part 3: Gender 4. (In)Equality, Expertise and the COVID-19 Crisis: An Intersectional Analysis - Valentina Cardo and Julia Boelle 5. Beyond COVID-19 Lockdown Compliance: A Gender Analysis - Naomi Finch, Simon Halliday, Jed Meers, Joe Tomlinson and Mark Wilberforce Part 4: Marginalized Communities 6. Beyond Privacy: South Korea’s Digital Technology-led Policy on COVID-19 and Its Impact on Human Rights Buhm-Suk Baek 7. Business as Usual: Inequality and Health Litigation during the COVID-19 Pandemic in Brazil - Natalia Pires de Vasconcelos 8. Beyond the Rhetoric of Essentiality: Canada’s Neoliberal Migrant Worker Policy during the COVID-19 Pandemic - Y.Y. Brandon Chen Part 5: Conclusion Conclusion: Beyond the Virus, Towards Social Justice - Sabrina Germain and Adrienne Yong
£76.50
Irwin Law Inc International Human Rights Law
£32.91
£45.90
Irwin Law Inc Balancing Competing Human Rights Claims in a Diverse Society: Institutions, Policy, Principles
£36.00
Irwin Law Advancing Social Rights in Canada
£38.70
Irwin Law Quasi-Constitutional Laws of Canada
£48.60
Irwin Law Inc The Charter of Rights and Freedoms
£48.60
Irwin Law Freedom of Conscience and Religion 2E
Book Synopsis
£36.90
University of Massachusetts Press The Child Cases: How America's Religious
Book SynopsisWhen a four-year-old California girl died on March 9, 1984, the state charged her mother with involuntary man-slaughter because she failed to provide her daughter with medical care, choosing instead to rely on spiritual healing. During the next few years, a half dozen other children of Christian Science parents died under similar circumstances. The children’s deaths and the parents’ trials drew national attention, highlighting a deeply rooted, legal/political struggle to define religious freedom.Through close analysis of these seven cases, legal historian Alan Rogers explores the conflict between religious principles and secular laws that seek to protect children from abuse and neglect. Christian Scientists argued - often with the support of mainline religious groups - that the First Amendment’s “free exercise” clause protected religious belief and behaviour. Insisting that their spiritual care was at least as effective as medical treatment, they thus maintained that parents of seriously ill children had a constitutional right to reject medical care.Congress and state legislatures confirmed this interpretation by inserting religious exemption provisos into child abuse laws. Yet when parental prayer failed and a child died, prosecutors were able to win manslaughter convictions by arguing - as the U.S. Supreme Court had held for more than a century - that religious belief could not trump a neutral, generally applicable law. Children’s advocates then carried this message to state legislatures, eventually winning repeal of religious exemption provisions in a handful of states.
£22.75
Grey House Publishing Inc Defining Documents in World History: Human Rights
Book SynopsisOffers in-depth analysis of fifty-two documents, including agreements, book excerpts, constitutions, conventions, declarations,legislative acts, proclamations, speeches, statements, statutes, and treaties. These selections trace the evolution of human rights, in its many forms and contexts, from 539 BCE to today.
£233.60
Brandeis University Press When Freedom Speaks – The Boundaries and the
Book SynopsisThis book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky’s background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment. Trade Review"Greenky’s easy-to-read primer offers general readers and students a telling history and framework for understanding the basic assumptions, ways of thinking, and methodologies courts commonly use to negotiate clashing and competing constitutional values and individual rights to free speech." * Library Journal *"When Freedom Speaks by Lynn Greenky is an excellent introduction and exploration of the contentious field of First Amendment jurisprudence. Both entertaining and educational, it provides the knowledge necessary for an informed electorate. Like a good legal conundrum, it offers opportunities to ask important questions and spark lively arguments." * New York Journal of Books *“Greenky is particularly attentive to the relationship between precedent, innovation, and power.” * Communication and Democracy *“Lynn Greenky offers a spirited and engaging examination of the individuals, groups, and movements that have advanced free speech protections by standing up and speaking out. When Freedom Speaks is an accessible guide to the past, present, and future of free speech in the United States.” -- David Cole, National Legal Director, ACLU, George Mitchell Professor in Law and Public Policy at Georgetown University“When Freedom Speaks serves as a reminder that the First Amendment is a living, breathing structure that continues to both challenge and reinforce our country’s definition of free speech. Lynn Greenky takes us on a thorough journey through all the trials and tribulations it has faced. Anyone with any opinion will benefit from reading this timely road map on the cornerstone of our Constitution.” -- Lauren Tousignant, New York Post“Lynn Greenky’s new book is a tour de force on the importance of free speech to all individuals and groups in America – right, left, center and anyone who doesn’t conform to the prevailing wisdom of the day. …Greenky reminds us that free speech means tolerating one another – instead of silencing or jailing one another. And that’s worth fighting for.” -- Jonathan Collegio, Former Communications Director, American CrossroadsTable of ContentsIntroductionChapter One: A History LessonChapter Two: Foundations and Building BlocksChapter Three: The Road to the Supreme CourtChapter Four: Symbolically SpeakingChapter Five: The Troubling Sound of SilenceChapter Six: Politically SpeakingChapter Seven: Warning! Dangerous Speech AheadChapter Eight: Advocacy Vs Incitement?Chapter Nine: Sticks and Stones and Words That HarmChapter Ten: What the #@*%! School Speech, Campus Codes, and Cancel CultureChapter Eleven: Public SpacesChapter Twelve: The Message and the MediumChapter Thirteen: When Speech OffendsChapter Fourteen: The Language of MoneyChapter Fifteen: When Speech and Faith CollideConclusionTable of CasesWorks CitedEndnotesSuggestions for Further Reading
£23.00
Athabasca University Press Violence, Imagination, and Resistance:
Book Synopsis
£25.19
Edward Elgar Publishing Ltd European Union Human Rights Law: The Dynamics of
Book SynopsisThe European Union's jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This innovative book investigates the character of EU human rights law as shaped by the interplay between interpretation and context in the jurisprudence of EU courts.Marton Varju offers a comprehensive and up-to-date analysis of EU human rights case law. Providing a comprehensive analytical framework for the jurisprudence he sheds new light on key EU constitutional principles and reveals the complex character of the legal analysis. He distinguishes between different applications of human rights to reveal the 'relational' character of EU human rights law. Examining the interpretative considerations and practices followed by EU courts in their human rights jurisprudence, the author discusses their impact on the protection of human rights in the difficult constitutional and governance terrain of the EU.Identifying the considerations and agendas behind EU human rights law which should be taken into account in EU litigation, this unique and timely book will be of great interest to practitioners in the field and is essential reading for academics and postgraduate students in EU constitutional law.Contents: Preface 1. European Union Human Rights Law: The Dynamics of Interpretation and Context 2. The Rule of Law and Human Rights in the EU 3. Regulation and Human Rights in the EU 4. The Regulation of Human Rights in the EU 5. Justice and Human Rights in the EU 6. European Union Procedures and Human Rights 7. The Multi-layered Character of EU Human Rights Law 8. The Law of the ECHR and Human Rights in the EU 9. European Union Human Rights Law: The Dynamics of Interpretation and Context - Conclusions IndexTrade Review‘If you are a practitioner or academic involved in issues pertaining to EU constitutional law, or a graduate student for that matter, you’ll certainly want to have a look at this recent title from Edward Elgar. . . Through its innovative and thorough approach, the book sheds new light on key EU constitutional principles and the complexities of the resulting legal analysis.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface 1. European Union Human Rights Law: The Dynamics of Interpretation and Context 2. The Rule of Law and Human Rights in the EU 3. Regulation and Human Rights in the EU 4. The Regulation of Human Rights in the EU 5. Justice and Human Rights in the EU 6. European Union Procedures and Human Rights 7. The Multi-layered Character of EU Human Rights Law 8. The Law of the ECHR and Human Rights in the EU 9. European Union Human Rights Law: The Dynamics of Interpretation and Context – Conclusions Index
£105.00
Edward Elgar Publishing Ltd War Crimes and the Conduct of Hostilities:
Book SynopsisAlthough the public thinks of 'war crimes' as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.'- William Schabas, Middlesex University, UK'This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.'- Mark A. Drumbl, Washington and Lee University, USMost charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law.War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include: violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts.This indispensable study will strongly benefit academics, students, lawyers, judges and practitioners in international criminal law, international humanitarian law and human rights law. Government and public administration officials, along with NGO members, will also find much to interest them in this timely book.Contributors: A. Alì, J. Beqiraj, A. Cannone, A. Carcano, M. Castellaneta, M. Frulli, P. Gaeta, E. Greppi, A. Leandro, F. Moneta, G. Nesi, A. Oddenino, M. Pedrazzi, M. Pertile, F. Pocar, L. Poli, A.L. Sciacovelli, A. Spagnolo, S. Vezzani, S. WilkinsonTrade Review‘Although the public thinks of “war crimes” as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.’ -- William Schabas, Middlesex University, UK‘This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.’ -- Mark A. Drumbl, Washington and Lee University, USTable of ContentsContents: Preface PART I: SETTING THE LEGAL FRAMEWORK 1. The Criminalization of the Violations of International Humanitarian Law from Nuremberg to the Rome Statute Fausto Pocar 2. Serious Violations of the Law on the Conduct of Hostilities: A Neglected Class of War Crimes? Paola Gaeta 3. To What Extent do the International Rules on Human Rights Matter? Edoardo Greppi PART II: VIOLATIONS OF THE PRINCIPLES OF DISTINCTION, PROPORTIONALITY AND PRECAUTION 4. Direct Attacks on Civilians and Indiscriminate Attacks as War Crimes Francesco Moneta 5. The Criminalization and Prosecution of Attacks Against Cultural Property Andrea Carcano 6. Using Human Shields as a War Crime Marco Pedrazzi PART III: VIOLATIONS OF THE RULES PROTECTING PARTICULAR CATEGORIES OF PERSONS 7. The Enlistment, Conscription and Use of Child Soldiers as War Crimes Alberto Oddenino 8. Criminalizing Rape and Sexual Violence as Means of Warfare Ludovica Poli 9. The Crime of Attacking Peacekeepers Andrea Spagnolo PART IV: VIOLATIONS OF THE RULES ON MEANS OF WARFARE 10. The Use of Prohibited Weapons and War Crimes Andrea Cannone 11. New Weapons, Old Crimes? Marina Castellaneta 12. The Criminalization of the Use of Biological and Chemical Weapons Annita Larissa Sciacovelli 13. Arms Transfer and Complicity in War Crimes Antonio Leandro PART V: THE SPECIAL CASE OF TERRORISM IN ARMED CONFLICTS 14. International Terrorism, the Law of War and the Negotiation of a UN Comprehensive Convention Giuseppe Nesi 15. Terror and Terrorism in Armed Conflicts: Developments in International Criminal Law Julinda Beqiraj 16. Fighting Terror within the Law? Terrorism, Counterterrorism and Military Occupations Marco Pertile 17. The Relevance of International Humanitarian Law in National Case Law on Terrorism Antonino Alì PART VI: INVESTIGATIONS AND FACT FINDING: A(N) (IM)POSSIBLE MISSION? 18. The Challenges of Establishing the Facts in Relation to ‘Hague Law’ Violations Stephen Wilkinson 19. UN Fact-Finding Commissions and the Prosecution of War Crimes: An Evolution Towards Justice-Oriented Missions? Micaela Frulli 20. Fact-Finding by International Human Rights Institutions and Criminal Prosecution Simone Vezzani Index
£132.00
Edward Elgar Publishing Ltd Research Handbook on Human Rights and the
Book SynopsisProfessors Grear and Kotzé have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.'- Benjamin J. Richardson, University of Tasmania, Australia'As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.'- Philippe Sands, University College London, UKBringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotzé, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Thériault, F. VenterTrade Review‘Professors Grear and Kotzé have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.’ -- Benjamin J. Richardson, University of Tasmania, Australia‘As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.’ -- Philippe Sands, University College London, UKTable of ContentsContents: 1. An Invitation to Epistemic Travellers – Towards Future Worlds in Waiting: Human Rights and the Environment in the Twenty-first Century Anna Grear and Louis J. Kotzé PART I EPISTEMOLOGIES 2. Epistemologies of Mastery Sam Adelman 3. Epistemologies of Doubt Andreas Philippopoulos-Mihalopoulos 4. Ecological Subjectivities, Responsibilities, and Agency Lorraine Code PRAT II CORE VALUES AND CLOSURES 5. Environmental Human Rights: A Constructive Critique Peter D. Burdon 6. The Closures of Legal Subjectivity: Why Examining ‘Law’s Person’ is Critical to an Understanding of Injustice in an Age of Climate Crisis Anna Grear 7. Property Rights, Environmental Justice and Worldly Order – Lessons from Natural Law Sean Coyle 8. Re-imagining the Role of the Sovereign State and Individual Rights in Mitigating the Effects of the Deterioration of the Environment Francois Venter PART III CONSTITUTIONALISMS AND INTERNATIONALISMS 9. Human Rights and the Environment through an Environmental Constitutionalism Lens Louis J. Kotzé 10. Constitutions, Human Rights and the Environment: National Approaches David R. Boyd 11. Sustainability, Environmental Citizenship Rights and the Ongoing Challenges of Reshaping Supranational Environmental Governance Karen Morrow 12. The United Nations, Human Rights and the Environment Lynda Collins PART IV REGIONALISMS Regionalisms 1: Troubled Conversations? 13. In One Ear and Out the Other: Human Rights Consultations and Environmental Discourses for Human Rights in Australasia Brad Jessup and Annette Jones 14. Reflecting on Cosmology and Environmental Protection: Maori Cultural Rights in Aotearoa New Zealand Catherine J. Iorns Magallanes 15. Environmental Justice and the Inter-American Court of Human Rights Sophie Thériault Regionalisms 2: Participations? 16. Aligning International Environmental Governance with the ‘Aarhus Principles’ and Participatory Human Rights Ulrich Beyerlin 17. The Interaction Between Human Rights and the Environment in the European ‘Aarhus Space’ Ellen Hey Regionalisms 3: Receptivities? 18. International Courts and Environmental Human Rights: Re-Imagining Adjudicative Paradigms Evadne Grant 19. Human Rights and the Environment in the African Union Context Werner Scholtz PART V THE FUTURE WE WANT? 20. Protecting the Human Rights of Climate Displaced Persons: The Promise and Limits of the United Nations Framework Convention on Climate Change Rosemary Lyster 21. Human Rights, Environmental Justice, and the North-South Divide Carmen G. Gonzalez 22. Selectivity in Law-Making: Regulating Extraterritorial Environmental Harm and Human Rights Violations by Transnational Extractive Corporations Penelope Simons 23. Ecosystem Services, Fear and the Subjects of Environmental Human Rights Afshin Akhtar Khavari 24. Environmental and Human Rights in Ethical Context Klaus Bosselmann Index
£195.00
Edward Elgar Publishing Ltd The European Court of Human Rights and its
Book SynopsisThe European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges.Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe.Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.Contributors: L. Bojin, M. Bossuyt, A. Bradley, A. Burkov, N. Bürli, D. Davis, K. Dzehtsiarou, J. Fraser, J. Gerards, B. Kerr, P. Mahoney, E. Myjer, I. Opstelten, A. Sajó, A. Terlouw, W. Thomassen, L. Wildhaber, T. ZwartTrade Review'This collection of essays on the ECHR is very welcome and the editors did a great job in gathering and assembling all of them, avoiding overlapping contributions but guaranteeing the presence of different points of view. . . I do recommend reading this work.' --Giuseppe Martinico, Common Market Law ReviewTable of ContentsContents: Foreword H.E. Ivo Opstelten 1. Introduction: The Need for Both International and National Protection of Human Rights – The European Challenge Anthony Bradley 2. Criticism and Case-overload: Comments on the Future of the European Court of Human Rights Luzius Wildhaber 3. The European Court of Human Rights and its Ever-growing Caseload: Preserving the Mission of the Court While Ensuring the Viability of the Individual Petition System Paul Mahoney 4. Is the European Court of Human Rights on a Slippery Slope? Marc Bossuyt 5. Why Much of the Criticism of the European Court of Human Rights is Unfounded Egbert Myjer 6. Challenges Facing the European Court of Human Rights: Fragmentation of the International Order, Division in Europe and the Right to Individual Petition Lucian Bojin 7. Britain Must Defy the European Court of Human Rights on Prisoner Voting as Strasbourg is Exceeding its Authority David Davis 8. More Human Rights than Court: Why the Legitimacy of the European Court of Human Rights is in Need of Repair and How it Can be Done Tom Zwart 9. The Vital Relationship between the European Court of Human Rights and National Courts Wilhelmina Thomassen 10. The Need for Dialogue between National Courts and the European Court of Human Rights Lord Kerr 11. Interaction between the European Court of Human Rights and Member States: European Consensus, Advisory Opinions and the Question of Legitimacy Kanstantsin Dzehtsiarou 12. Amicus Curiae as a Means to Reinforce the Legitimacy of the European Court of Human Rights Nicole Bürli 13. How to Improve the Results of a Reluctant Player: The Case of Russia and the European Convention on Human Rights Anton Burkov 14. Solutions for the European Court of Human Rights: The Amicus Curiae Project Janneke Gerards and Ashley Terlouw 15. An All-European Conversation: Promoting a Common Understanding of European Human Rights András Sajó 16. Conclusion: The European Convention on Human Rights as a Common European Endeavour Julie Fraser Index
£95.00
Edward Elgar Publishing Ltd Research Handbook on EU Law and Human Rights
Book SynopsisThe place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This Research Handbook explores the principles underlying fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them. Organised into three parts, their contributions examine the current state of the law as well as the direction of future developments in the field. The first part discusses the normative and doctrinal framework for the protection of human rights in the EU. The second part focuses on EU external relations and on the interaction between EU law and other sources of human rights rules such as the European Convention on Human Rights and international law. Finally, the third part considers the influence of human rights in areas where the EU takes action. Timely and astute, this Research Handbook will appeal to students and scholars of European law and human rights law. It will also prove a valuable and comprehensive resource for practitioners, policymakers, NGO and government officials.Contributors include: M. Bobek, S. Bogojevic, M. Cartabia, S.A. de Vries, S. Douglas-Scott, A. Egan, M. Fichera, J. Fraczyk, X. Groussot, E. Guild, N. Hatzis, L. Khadar, T. Lock, S. Ninatti, A. O'Neill, L. Pech, S. Peers, N.N. Shuibhne, S. Smismans, V. Smith, K. Tuori, A.H. Türk, A. Ward, S. Weatherill, L. Woods, A.L. Young, K.S. ZieglerTrade ReviewThe Research Handbook on EU Law and Human Rights provides one of the most comprehensive contemporary analyses of the Union's law and policy in the field of human rights and marks an important and original contribution on the subject. Gathering contributions from top experts in the field, it combines breadth and depth and offers critical insights from diverse perspectives. The book critiques fundamental rights narratives and assesses the current law in many areas. Combining transversal and thematic approaches, this is European law discourse at its best.' --Takis Tridimas, King's College London, UKDoes the protection of human rights go too far, or not far enough? How should we decide? This book of essays by distinguished judges, academics and practitioners explains the problems and offers a kaleidoscope of interesting criticisms and new ideas. It shows the range and complexity of the ethical, political and legal issues that we need to think about and discuss. There are no easy answers.' --Sir David Edward, University of Edinburgh, UK and former Judge of the European Court of Justice'The Research Handbook provides a fantastic foundation for EU human rights research. All of the chapters are well researched and provide thorough coverage of the seminal cases and structural and philosophical issues concerning human rights in the EU. Whether you are new to the field and looking to get a lay of the land or an expert looking for current trends in scholarship, I highly recommend it.' --International Journal of Legal InformationTable of ContentsContents: PART I: THE FRAMEWORK 1. Fundamental rights as a political myth of the EU: can the myth survive? Stijn Smismans 2. The pluralism of European fundamental rights law Kaarlo Tuori 3. The Charter of Fundamental Rights and the EU’s ‘creeping’ competences: does the Charter have a centrifugal effect for fundamental rights in the EU? Sybe A. de Vries 4. The right to move and reside: disentangling the dual dynamics of fundamental rights in EU citizenship law Niam Nic Shuibhne 5. Administrative law and fundamental rights Alexander H. Türk 6. EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the European Union Alison L. Young 7. Remedies under the EU Charter of Fundamental Rights Angela Ward 8. EU fundamental rights in a devolved United Kingdom Aidan O’Neill PART II: BEYOND THE EUROPEAN UNION 9. Fundamental rights in the European Court of Justice and the European Court of Human Rights Marta Cartabia and Stefania Ninatti 10. The EU before the European Court of Human Rights after accession Tobias Lock 11. Respect for human rights as a general objective of the EU’s external action Annabel Egan and Laurent Pech 12. Autonomy: from myth to reality – or hubris on a tightrope? EU law, human rights and international law Katja S. Ziegler PART III: EU ACTION AND NEW DIRECTIONS IN FUNDAMENTAL RIGHTS 13. Fundamental rights and fundamental values in the old and new Europe Michal Bobek 14. Weak right, strong Court - The freedom to conduct business and the EU Charter of Fundamental Rights Xavier Groussot 15. Fundamental rights in the application of competition law in the EU Vincent Smith 16. The internal market and fundamental rights Stephen Weatherill 17. Data protection, privacy and the foreigner Elspeth Guild 18. Digital freedom of expression in the EU Lorna Woods 19. EU fundamental rights and the European Arrest Warrant Massimo Fichera 20. Immigration, asylum and human rights in the European Union Steve Peers 21. EU human rights law and environmental protection: the beginning of a beautiful friendship? Sanja Bogojević 22. EU fundamental rights and the financial crisis James Fraczyk 23. EU law and social rights Sionaidh Douglas-Scott and Nicholas Hatzis Index
£231.00
Edward Elgar Publishing Ltd Law, Business and Human Rights: Bridging the Gap
Book SynopsisThe business and human rights field is burgeoning, and this volume makes a significant contribution by drawing business law scholars into related debates. Rich in empirical detail, individual chapters analyze the challenges faced both at the firm-level and from the perspective of affected stakeholders across a range of sectors and issue areas. Highly recommended.'- Shareen Hertel, University of Connecticut, USMultinational corporations have the potential to bring economic and social benefits to emerging economies, but also social and political upheaval that can suppress fundamental human rights. This book synthesizes views from multinational corporations and civil society groups to find areas of common ground and raise issues of future potential conflict.The authors draw on their academic specializations in business and law to examine important human rights questions from legal, ethical, and business perspectives. The first part of the book focuses on the role of the multinational corporation in respecting human rights. It follows with an examination of the rights of vulnerable stakeholders and their erosion via direct or indirect corporate activity. Integrating John Ruggie's 'Protect, Respect, and Remedy' framework and the UN's 'Guiding Principles of Business and Human Rights', this book expands upon initial dialogue on the role of business in international human rights at this vital moment in history.Law, Business and Human Rights provides unity in a broad range of issues from a variety of perspectives that should interest scholars, teachers, students, and practitioners alike.Contributors: R.C. Bird, N. Bishara, D.R. Cahoy, L.J. Dhooge, D. Hess, J.S. Hiller, S.S. Hiller, R. Mares,K. McGarry, D. Orozco, M.A. Pagnattaro, S.K. Park, L.Pierre-Louis, J.D. PrenkertTrade Review‘The business and human rights field is burgeoning, and this volume makes a significant contribution by drawing business law scholars into related debates. Rich in empirical detail, individual chapters analyze the challenges faced both at the firm-level and from the perspective of affected stakeholders across a range of sectors and issue areas. Highly recommended.’ -- Shareen Hertel, University of Connecticut, USTable of ContentsContents Preface Human Rights and Business at the Indeterminate Crossroads Robert Bird Part I: THE ROLE OF FIRMS IN RESPECTING HUMAN RIGHTS 1. “Respect” Human Rights: Concept and Convergence Radu Mares 2. Human rights reporting as self-interest: The integrative and expressive dimensions of corporate disclosure Stephen Kim Park 3. Human rights and a corporation’s duty to combat corruption Norman Bishara & David Hess 4. The first amendment, compelled speech, and disclosure regulations Lucien J. Dhooge 5. A co-opetition approach to business, human rights organizations, and due diligence Janine S. Hiller & Shannon S. Hiller Part II THE HUMAN RIGHTS OF AFFECTED STAKEHOLDERS 6. Labor rights are human rights: Sustainability initiatives and trade policy Marisa Anne Pagnattaro 7. The human rights-related aspects of indigenous knowledge in the context of common law equitable doctrines and the Kiobel decision David Orozco, Kevin McGarry, & Lydie Pierre-Louis 8. Conflict minerals and polycentric governance of business and human rights Jamie Darin Prenkert 9. Feeding the world beyond 2050: A coordinated approach to preserving agricultural innovations and the human right to food Daniel R. Cahoy Index
£105.00
Edward Elgar Publishing Ltd Labor Standards in International Supply Chains:
Book SynopsisThe authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers.Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics.This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.Trade Review'Exhibiting a refreshing disregard for industry-approved narratives about labor rights, in which progress flows from the spigot of an espresso machine at a 'corporate social responsibility' seminar, the authors focus with precision on the factors that actually determine labor rights outcomes: the economic interests of global brands, and their suppliers, and how these are mediated by governments' regulatory choices and by the efforts of workers and allied groups to make brands pay a reputational price for the labor abuses they help create. Readers will better understand why early 20th century working conditions still exist in the 21st - and what might be done about it.' --Scott Nova, Executive Director, Worker Rights ConsortiumTable of ContentsContents: 1. Introduction 2. The Worlds Brands Create 3. Aligning Interests Across Global Supply Chains: An Analytic Framework 4. The International Framework for Labour Standards 5. Labor Standards Around the World: A Quantitative Examination 6. The United States in the Struggle for Labor Standards 7. Apparel Production in Honduras: A Case of Cross-cluster Alignment 8. Apparel Production in Bangladesh: Opportunity Amidst Tragedy? 9. Labor Resistance and Local Government – Supplier Collusion in Post-1986 China 10. Conclusion Index
£90.00
Edward Elgar Publishing Ltd Labor Standards in International Supply Chains:
Book SynopsisThe authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers.Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics.This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.Trade Review'Exhibiting a refreshing disregard for industry-approved narratives about labor rights, in which progress flows from the spigot of an espresso machine at a 'corporate social responsibility' seminar, the authors focus with precision on the factors that actually determine labor rights outcomes: the economic interests of global brands, and their suppliers, and how these are mediated by governments' regulatory choices and by the efforts of workers and allied groups to make brands pay a reputational price for the labor abuses they help create. Readers will better understand why early 20th century working conditions still exist in the 21st - and what might be done about it.' --Scott Nova, Executive Director, Worker Rights ConsortiumTable of ContentsContents: 1. Introduction 2. The Worlds Brands Create 3. Aligning Interests Across Global Supply Chains: An Analytic Framework 4. The International Framework for Labour Standards 5. Labor Standards Around the World: A Quantitative Examination 6. The United States in the Struggle for Labor Standards 7. Apparel Production in Honduras: A Case of Cross-cluster Alignment 8. Apparel Production in Bangladesh: Opportunity Amidst Tragedy? 9. Labor Resistance and Local Government – Supplier Collusion in Post-1986 China 10. Conclusion Index
£29.40
Edward Elgar Publishing Ltd Research Handbook on Human Rights and
Book SynopsisThis remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.'- Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.'- Beebe Barton, New York University School of Law, US'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.'- Peter Drahos, Australian National University and Queen Mary University of London, UKResearch Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence.The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.Contributors include: A. Abdel-Latif, T. Aplin, C. Ávila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. YuTrade Review'This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.’ -- Jerome H. Reichman, Duke University, School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' -- Beebe Barton, New York University, School of Law, US'As he has done throughout his career in edited books, Christophe Geiger – Europe's leading scholar in this interdisciplinary area – has once again collected a splendid set of authors and inveigled them to produce one of the most definitive compendia of essays on human rights and intellectual property. The discourse set out in this tome is magnificently wide and thought-provoking. There is much within the 35 chapters to stimulate readers of all persuasions and specialisms, be it development theories, corporate rights, international diplomacy or general philosophical trends.' -- Uma Suthersanen, Queen Mary Intellectual Property Research Institute, UK'Human rights and intellectual property have travelled on separate avenues for too long, hardly interacting, and dealt with by separate communities. Yet, life does not make artificial distinctions of that kind. It confronts us with complex problems, interfacing intellectual property and human rights, both substantive and procedural. This Handbook proves the point. It offers an impressive and comprehensive account of such interface in domestic, European and global law, expounding foundations and jurisprudence. It makes an important and most welcome contribution to the discourse on trade, investment and human rights and the quest to find a proper balance. It offers new insights and is essential reading to all interested in exploring the complex relationship of human rights and intellectual property in legal practice and academic research' -- Thomas Cottier, University of Bern, Switzerland'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' -- Peter Drahos, Australian National University and Queen Mary University of London, UK‘Offering both depth and breadth of coverage on this important subject (which certainly impacts on other areas of law) this book will make a welcome contribution to the body of scholarship on both intellectual property and human rights issues worldwide. In a globalized economy, it will almost undoubtedly emerge as required reading for practitioners and researchers on both sides of the Atlantic.’ -- The Barrister MagazineTable of ContentsContents: Foreword Catherine Trautmann Introduction Christophe Geiger 1. Mapping the Interface Between Human Rights and Intellectual Property Laurence R. Helfer PART I LEGAL REALITY BEHIND HUMAN RIGHTS 2. Human Rights and Balancing: The Principle of Proportionality Jonas Christoffersen 3. Interaction Between Human Rights: Are All Human Rights Equal? Peggy Ducoulombier 4. Interaction Between International Human Rights Law and the European Legal Framework Rhona Smith 5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights Henning Grosse Ruse-Khan 6. Human Rights and Philosophical Foundations of Intellectual Property Daniel Gervais PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY Section 1: Human Rights’ Implications for Intellectual Property Legislation 7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EU Tuomas Mylly 8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature Alexander Peukert 9. Human Rights and International Intellectual Property Law Hannu Wager and Jayashree Watal 10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects Xavier Seuba 11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights Carlos Correa Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices 12. Intellectual Property in Decisions of National Constitutional Courts in Europe Thomas Dreier and Marco Ganzhorn 13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries Denis Borges Barbosa and Charlene de Ávila Plaza 14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies Toshiko Takenaka and Linda Falcon 15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM) Philipp Von Kapff 16. Human Rights in the Case Law of the EPO Boards of Appeal Agnieszka Kupzok PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY Section 1: Civil and Political Rights and Intellectual Property 17. Freedom of Expression and the Right to Information: Implications for Copyright Dirk Voorhoof 18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System Martin Senftleben 19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections Jacqueline D. Lipton 20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights Guido Westkamp 21. Freedom to Conduct a Business, Competition and Intellectual Property Gustavo Ghidini and Andrea Stazi 22. Right to Property and Trade Secrets Tanya Aplin 23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial Jonathan Griffiths 24. Digital Copyright Enforcement Measures and their Human Rights Threats Peter K. Yu Section 2: Economic, Social and Cultural Rights and Intellectual Property 25. Human Dignity and Patents Aurora Plomer 26. Right to Health and Patents Duncan Matthews 27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement Jeffrey M. Samuels 28. Right to Food and Intellectual Property Protection for Plant Genetic Resources Claudio Chiarolla 29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection? Dev S. Gangjee 30. Right to Culture and Copyright: Participation and Access Caterina Sganga 31. Human Rights, Persons with Disabilities and Copyright Abbe Brown and Charlotte Waelde Section 3: Collective Rights and Intellectual Property 32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework? Ahmed Abdel-Latif 33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples Susy Frankel 34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific Sue Farran PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY? 35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles Christophe Geiger Index
£226.00
Edward Elgar Publishing Ltd Citizen Journalists: Newer Media, Republican
Book SynopsisEven more than the occasional and fleeting right to vote, citizens' equal and peremptory prerogatives of expression within public discourse distinguish post-World War II democracies from all earlier and rival forms of government. In fundamentally transforming public discourse, electronic media transform the very conditions of political legitimacy. Ian Cram continues to innovate at the forefront of the free speech debates by exploring that historical shift in the way we speak, and therefore in the way we govern ourselves.'- Eric Heinze, Queen Mary, University of London, UKThis monograph explores the phenomenon of 'citizen journalism' from a legal and constitutional perspective. It describes and evaluates emerging patterns of communication between a new and diverse set of speakers and their audiences. Drawing upon political theory, the book considers the extent to which the constitutional and legal frameworks of modern liberal states allow for a 'contestatory space' that advances the scope for non-traditional speakers to participate in policy debates and to hold elites to account.Topics covered include the regulation of offensive, abusive and anonymous speech, online defamation, compelled disclosure of 'journalists'' sources, private online research by jurors and analysis of the application of pre-Web 2.0 laws to non-traditional media speakers and outlets. After surveying a range of criminal and civil law provisions that impair the communicative reach of non-mainstream speakers, the broad conclusion casts doubt upon the capacity of 'citizen journalists' to effect a significant shift towards republican self-rule.Offering an original analysis of the phenomenon of 'citizen journalism' with developments from a broad range of jurisdictions, this book is a valuable resource for students, academics, policymakers and law reform agencies in the fields of constitutional law, human rights, media freedom, journalism and comparative media regulation.Trade Review‘Even more than the occasional and fleeting right to vote, citizens’ equal and peremptory prerogatives of expression within public discourse distinguish post-World War II democracies from all earlier and rival forms of government. In fundamentally transforming public discourse, electronic media transform the very conditions of political legitimacy. Ian Cram continues to innovate at the forefront of the free speech debates by exploring that historical shift in the way we speak, and therefore in the way we govern ourselves.’ -- Eric Heinze, Queen Mary, University of London, UKTable of ContentsContents: 1. Introduction: Republican Moments, Machiavelli and Digital Communications 2. A Digital Republic of Citizens 3. Against Civility? - Arguments for Protecting ‘Bad Taste’, Disrespectful and Anonymous Online Speakers 4. Beyond the Fourth Estate: Rethinking the Privileges of ‘Journalists’ in the Era of New Media 5. Google and the ‘Unvirtuous’ Juror? - A Comparative Constitutional Analysis of Some Digital Challenges to Fair Trials 6. Conclusion: The Sceptical Cyber-republican Index
£89.00
Edward Elgar Publishing Ltd Patents, Human Rights and Access to Science
Book SynopsisAurora Plomer explores international human rights, and its relevance to battles over intellectual property and science. Her work highlights the need for the benefits of scientific research to be fairly and equitably shared. Her work is an important original contribution to the literature on intellectual property, human rights, and the sociology of science.'- Matthew Rimmer, Queensland University of Technology, Australia'This remarkable book highlights and analyzes the inherent tensions and complementarities of patents with access to science, as materialized in the most prominent international human rights agreements. A must-read for anyone interested in one of the most crucial and debated questions of intellectual property, examined here from the perspective of its fascinating but complex interactions with human rights.'- Christophe Geiger, University of Strasbourg, France'The relationship between patents, human rights and science raises fundamental questions for innovation and for access to the benefits of scientific endeavour. Yet the complexities of the underlying science and legal environment in which it operates cannot be underestimated. Aurora Plomer deftly navigates this terrain with great clarity and skill. The resulting book is timely, accessible and a thorough scholarly work that demystifies and throws new light on the interface between science and the law.'- Duncan Matthews, Queen Mary University of London, UKThe new millennium has been described as 'the century of biology', but scientific progress and access to medicines has been marred by global disputes over ownership of the science by universities and private companies. This book examines the challenges posed by the modern patent system to the right of everyone to access the benefits of science in international law.Aurora Plomer retraces the genesis and evolution of the key Articles in the UN system (Article 27 UDHR and Article 15 ICESCR). She combines the historiography of these Articles with a novel perspective on the moral foundations of rights of access to science to draw out implications for today's controversies on patents in the life-sciences. The analysis suggests that access to science as a fundamental right requires both freedom from political and religious interference and the existence of enabling research institutions and educational facilities which promote the flow of knowledge through transparent and open structures. From this perspective, the global patent system is shown to fail spectacularly when it comes to the human rights ideal of universal access to science. The book concludes that a fundamental restructuring of patent institutions is required, in which democratic oversight of patent policies would ensure meaningful realization of the right of everyone to access the benefits of science.Students and scholars of international law, particularly those focusing on intellectual property and human rights, will find this book to be of considerable interest. It will also be of use to practitioners in the field.Trade Review‘Aurora Plomer explores international human rights, and its relevance to battles over intellectual property and science. Her work highlights the need for the benefits of scientific research to be fairly and equitably shared. Her work is an important original contribution to the literature on intellectual property, human rights, and the sociology of science.’ -- Matthew Rimmer, Queensland University of Technology, Australia‘This remarkable book highlights and analyzes the inherent tensions and complementarities of patents with access to science, as materialized in the most prominent international human rights agreements. A must-read for anyone interested in one of the most crucial and debated questions of intellectual property, examined here from the perspective of its fascinating but complex interactions with human rights.’ -- Christophe Geiger, University of Strasbourg, France‘In sum, Patents, Human Rights and Access to Science is an excellent book that scholars interested in the interplay of intellectual property, science and human rights should add to their reading list. Plomer is manifestly passionate about instituting significant reform in the global patent system to facilitate democratic oversight of patent policies and their compliance with human rights, and to ensure meaningful realisation of the right of everyone to access the benefits of science. Her argument is compelling. Let us hope that the international agencies created to defend universal human rights, as well committed individuals, patent offices, courts, non-governmental organisations and companies across the globe, work together to heed the sage advice offered in this book.’ -- SCRIPT-ed – the Online Law and Technology Journal‘This book offers an innovative and insightful reflection on the interplay between fundamental human rights and the intellectual property regime. It builds on Amartya Sen's theory of human capabilities in offering a fresh analysis of the the tension between the rights of inventors and the public interest in access to the benefits of science. The timeliness of this contribution is underscored by the growing scope of 'patentability' over genetic material and other life forms permitted by patent offices and superior courts in the United States and in Europe, as well as the entrenchment of corporate power at the expense of basic health needs through the extension and enforcement of intellectual property rights over essential medicines. Professor Plomer's argument for greater consideration of the public dimension is secured by her impressive archival study of the drafting history of the Article 27 Universal Declaration on Human Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights.’ -- John Harrington, Cardiff University, UK‘The relationship between patents, human rights and science raises fundamental questions for innovation and for access to the benefits of scientific endeavour. Yet the complexities of the underlying science and legal environment in which it operates cannot be underestimated. Aurora Plomer deftly navigates this terrain with great clarity and skill. The resulting book is timely, accessible and a thorough scholarly work that demystifies and throws new light on the interface between science and the law.’ -- Duncan Matthews, Queen Mary University of London, UK‘We are indebted, indeed, to Aurora Plomer for writing this book and for saying out loud and clearly the most important thing that needs to be said: we might be where we are, and it might not be the ideal place to be, but we should all – patent lawyers, scientists and citizens – take human rights seriously.’ -- Law, Innovation and TechnologyTable of ContentsContents: 1. Patents, Profits and the Public 2. The Moral Architecture of Human Rights and Rights of Access to Science 3. The Human Rights Paradox: Intellectual Property Rights and Rights of Access to Science 4. From Moral Ideals to Legal Obligations: The Genesis of Article 15 ICESCR 5. The UN’s Official Thinking on Article 15(1)(c) 6. UNESCO : Biotechnology, Bioethics and the Rights to Share in the Benefits of Science 7. Conclusion Index
£88.00
Edward Elgar Publishing Ltd Using Human Rights to Counter Terrorism
Book SynopsisUsing Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analysing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity. Those working within State authorities, international and non-governmental organizations will find the arguments presented in this work compelling. Legal practitioners working in the security and human rights sectors will also find this book a useful source of evidence to support human rights countering the challenges of terrorism.Contributors include: F.N. Aoláin, R. Barrett, A. Charbord, B. Emmerson, U. Garms, L. Ginsborg, M. Nowak, L. Oldring, T. Parker, M. ScheininTrade ReviewOne often hears calls not to see anti-terrorism measures and the pursuit of human rights necessarily as opposites, but in many cases as complementary activities. This book offers a welcome exploration of this idea in a wide range of contexts, by experts on the practical as well as the conceptual level. This is a timely and important book with a significant contribution to make towards ensuring survival of people and of the human rights project.' --Christof Heyns, University of Pretoria, South Africa and Member of the UN Human Rights Committee; Special Rapporteur on extrajudicial, summary or arbitrary executions (2010-2016)'This excellent book edited by Manfred Nowak and Anne Charbord tackles the interplay between human rights and counter-terrorism in a comprehensive, digestible, and convincing fashion. The authors navigate the intricate complexities of the interplay between human rights and counter-terrorism with great skill. They are unanimous in their assessment that respect for human rights is a prerequisite for long-term success in countering terrorism.' --Tarik Gherbaoui, European Journal of Legal StudiesTable of ContentsContents: Introduction Manfred Nowak and Anne Charbord 1. Key trends in the fight against terrorism and key aspects of international human rights law Manfred Nowak and Anne Charbord 2. Impact of post-9/11 counter-terrorism measures on all human rights Martin Scheinin 3. New counter-terrorism measures: Continuing challenges for human rights Ben Emmerson QC 4. The complexity and challenges of addressing the conditions conducive to terrorism Fionnuala Ní Aoláin 5. One step forward, two steps back: The Security Council, ‘Foreign Terrorist Fighters’, and human rights Lisa Ginsborg 6. Acting ethically in the shadows: Intelligence gathering and human rights Richard Barrett and Tom Parker 7. The preventive criminal justice strategy against terrorism and its human rights implications Ulrich Garms 8. Questions of accountability in countering terrorism Lisa N. Oldring Index
£131.00
Edward Elgar Publishing Ltd Human Rights and Islam: An Introduction to Key
Book SynopsisIs there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur'an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.Trade Review‘This is a fascinating, accessible and informative analysis of the potential for harmonisation between international human rights standards and Islamic law. It is well researched and engagingly written.’ -- Ian Freckelton, Law Institute JournalTable of ContentsContents: Introduction 1. Human Rights and Islamic Legal Sources 2. Development of Human Rights and Some Basic Conceptions 3. Islamic Human Rights Instruments 4. Human Rights and the Idea of ‘Clash of Civilisations’ 5. Islam and the state 6. Religion, the State, and Human Rights 7. Islam, Human Rights, and Women 8. The rights of the child 9. Freedom of expression 10. Islam and religious freedom 11. Human rights and war 12. Conclusion Bibliography Index
£100.00
Edward Elgar Publishing Ltd Social and Economic Rights and Constitutional Law
Book SynopsisSocio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights.This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.Trade Review‘The Universal Declaration of Human Rights recognised both civil and political rights, on the one hand, and economic and social rights on the other. Yet, until recently far more scholarly attention had been paid to civil and political rights than to economic and social rights. Happily, that has begun to change and the last two decades have seen increasing scholarly attention paid to economic and social rights as well as an emerging jurisprudence on their protection and fulfilment in jurisdictions across the globe. Sandra Fredman and Meghan Campbell have gathered together in one volume some of the most important published work by leading scholars in relation to economic and social rights. The book also includes a fine introduction to the topic written by Sandra Fredman, which provides a clear and helpful outline of current debates. I have no doubt that the book will serve as an invaluable resource for students, scholars, practising lawyers, judges and policy makers, and that it will serve as a spur to further scholarly work in the field.’ Table of ContentsContents: Introduction Coming of Age: Socio-economic Rights as Human Rights Sandra Fredman PART I FOUNDATIONAL PRINCIPLES 1. Amartya Sen (2004), ‘Elements of a Theory of Human Rights’, Philosophy and Public Affairs, 32 (4), Fall, 315–56 2. Frank I. Michelman (2003), ‘The Constitution, Social Rights, and Liberal Political Justification’, International Journal of Constitutional Law, 1 (1), January, 13–34 3. Onora O’Neill (2005), ‘The Dark Side of Human Rights’, International Affairs, 81 (2), 427–39 4. Karl Klare (2015), ‘Critical Perspectives on Social and Economic Rights, Democracy and Separation of Powers’, in Helena Alviar Garcia, Karl Klare and Lucy A. Williams (eds), Social and Economic Rights in Theory and Practice: Critical Inquiries, Chapter 1, Abingdon, UK and New York, NY, USA: Routledge, 3–22, references 5. Sandra Liebenberg (2005), ‘The Value of Human Dignity in Interpreting Socio-Economic Rights’, South African Journal on Human Rights, 21, 1–31 PART II CONCEPTUALISING THE RELATIONSHIP BETWEEN RIGHTS AND DUTIES 6. Philip Alston and Gerard Quinn (1987), ‘The Nature and Scope of States Parties’ Obligations under the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 9 (2), May, 156–229 7. Audrey R. Chapman (1996), ‘A “Violations Approach” for Monitoring the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 18 (1), February, 23–66 8. Katharine G. Young (2008), ‘The Minimum Core of Economic and Social Rights: A Concept in Search of Content’, Yale Journal of International Law, 33, 113–75 9. Sigrun Skogly (2012), ‘The Requirement of Using the “Maximum of Available Resources” for Human Rights Realisation: A Question of Quality as Well as Quantity?’, Human Rights Law Review, 12 (3), 393–420 10. Colin Harvey and Eoin Rooney (2010), ‘Integrating Human Rights? Socio-Economic Rights and Budget Analysis’, European Human Rights Law Review, 3, 266–79 11. Magdalena Sepúlveda Carmona (2009), ‘The Obligations of “International Assistance and Cooperation” under the International Covenant on Economic, Social and Cultural Rights. A Possible Entry Point to a Human Rights Based Approach to Millennium Development Goal 8’, International Journal of Human Rights, 13 (1), 86–109 PART III THE ROLE OF COURTS 12. Jeff A. King (2008), ‘Institutional Approaches to Judicial Restraint’, Oxford Journal of Legal Studies, 28 (3), Autumn, 409–41 13. Rosalind Dixon (2007), ‘Creating Dialogue about Socioeconomic Rights: Strong-Form versus Weak-Form Judicial Review Revisited’, International Journal of Constitutional Law, 5 (3), July, 391–418 14. Alicia Ely Yamin (2014), ‘Promoting Equity in Health: What Role for Courts?’, Health and Human Rights Journal, 16 (2), December, 1–9 PART IV EQUALITY AND SOCIO-ECONOMIC RIGHTS 15. Sandra Fredman (2007), ‘Redistribution and Recognition: Reconciling Inequalities’, South African Journal on Human Rights, 23, 214–34 16. Gwen Brodsky and Shelagh Day (2005), ‘Denial of the Means of Subsistence as an Equality Violation’, Acta Juridica, 149–70 17. Kamala Sankaran (2007), ‘Special Provisions and Access to Socio- Economic Rights: Women and the Indian Constitution’, South African Journal on Human Rights, 23, 277–90 18. Leilani Farha (2002), ‘Is There a Woman in the House? Re/conceiving the Human Right to Housing?’, Canadian Journal of Women and the Law, 14, 118–41 19. Murray Wesson (2007), ‘Equality and Social Rights: An Exploration in Light of the South African Constitution’, Public Law, 748–69 20. Beth Goldblatt (2009), ‘The Right to Social Security – Addressing Women’s Poverty and Disadvantage’, South African Journal on Human Rights, 25, 442–66 21. Colleen M. Flood and Aeyal Gross (2014), ‘Litigating the Right to Health: What Can We Learn from a Comparative Law and Health Care Systems Approach’, Health and Human Rights Journal, 16 (2), December, 62–72 PART V REMEDIAL ENFORCEMENT 22. Kent Roach and Geoff Budlender (2005), ‘Mandatory Relief and Supervisory Jurisdiction: When is it Appropriate, Just and Equitable?’, South African Law Journal, 122 (2), 325–51 23. Varun Gauri and Daniel M. Brinks (2009), ‘Introduction: The Elements of Legalization and the Triangular Shape of Social and Economic Rights’, in Courting Social Justice: Judicial Enforcement of Social and Economic Rights in the Developing World, Chapter 1, Cambridge, UK: Cambridge University Press, 1–37 24. David Landau (2012), ‘The Reality of Social Rights Enforcement’, Harvard International Law Journal, 53 (1), Winter, 402–59 Index
£337.00
Edward Elgar Publishing Ltd Human Rights and Children
Book SynopsisThis research review provides a comprehensive overview of children's human rights. Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, it explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children's socio-economic rights, including their rights to education. This topical research review is an invaluable resource for scholars, students, and activists.Trade Review‘Human Rights and Children provides a needed overview of important and controversial issues related to children’s rights. The editor, Professor Barbara Stark, has used her international law expertise to put together a very helpful collection of articles on topics that include the Convention on Rights of the Child, child poverty, education, punishment and other pressing issues that confront nations today.’Table of ContentsContents: Introduction Barbara Stark PART I THE CONVENTION ON THE RIGHTS OF THE CHILD AND OTHER LEGAL FRAMEWORKS A. Theory 1. David M. Smolin (2006), ‘Overcoming Religious Objections to the Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 81–110 2. Martin Guggenheim (2006), ‘Ratify the U.N. Convention on the Rights of the Child, But Don’t Expect any Miracles’, Emory International Law Review, 20, Spring, 43–68 3. Philip Alston, John Tobin and Mac Darrow (2005), ‘Putting Children’s Rights into Perspective’ and ‘Laying the Legal and Institutional Foundations at the Regional and National Levels’ in Laying the Foundations for Children's Rights: An Independent Study of Some Key Legal and Institutional Aspects of the Impact of the Convention on the Rights of the Child’, Florence, Italy: UNICEF, 1–8, 9–32 4. Kamran Hashemi (2007), ‘Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation’ Human Rights Quarterly, 29 (1), February, 194–227 B. Doctrine 5. Cynthia Price Cohen (2006), ‘The Role of the United States in the Drafting of The Convention on the Rights of the Child’, Emory International Law Review, 20, Spring, 185–98 6. Michael J. Dennis (2000), ‘Newly Adopted Protocols to the Convention on the Rights of the Child’, American Journal of International Law, 94 (4) October, 789–96 C. Implementation 7. Stuart N. Hart and Laura Thetaz-Bergman (1996), ‘The Role of Nongovernmental Organizations in Implementing the Convention on the Rights of the Child’, Transnational Law and Contemporary Problems, 6 (2), Fall, 373–92 8. Marilia Sardenberg (1996), ‘Committee on the Rights of the Child: Basic Processes’, Transnational Law and Contemporary Problems, 6 (2), Fall, 263–86 9. Barbara Bennett Woodhouse (1999), ‘The Constitutionalization of Children’s Rights: Incorporating Emerging Human Rights into Constitutional Doctrine’, Journal of Constitutional Law, 2 (1), December, 1–52 10. Martha F. Davis and Roslyn Powell (2003), ‘The International Convention on the Rights of the Child: A Catalyst for Innovative Child Care Policies’, Human Rights Quarterly, 25 (3), August, 689-719 11. William A. Schabas (1996), ‘Reservations to the Convention on the Rights of the Child’, Human Rights Quarterly, 18 (2), May, 472–91 12. Sonia Harris-Short (2003), ‘International Human Rights Law: Imperialist, Inept and Ineffective? Cultural Relativism and the UN Convention on the Rights of the Child’, Human Rights Quarterly, 25 (1), February, 130–81 PART II CHILDREN’S SOCIO-ECONOMIC RIGHTS A. Child Poverty and Other Socio-economic Problems in General 13. Wouter Vandenhole (2014), ‘Child Poverty and Children’s Rights: An Uneasy Fit?’, Michigan State International Law Review, 22 (2), 609–36 14. R. Brian Howe and Katherine Covell (2003), ‘Child Poverty in Canada and the Rights of the Child’, Human Rights Quarterly, 25, (4), November, 1067–87 15. Maria Bouverne-De Bie, Geert Cappelaere and Eugeen Verhellen (2006), ‘Recurrent Variations on a “Youthful” Theme: Care and Social Control in the Approach of Young People’, Paedagogica Historica: International Journal of the History of Education, 26 (2), 247–65 B. Children’s Right to Education 16. Eugeen Verhellen (1999), ‘Facilitating Children’s Rights in Education: Expectations and Demands on Teachers and Parents’, Prospects, XXIX (2), June, 223–31 17. Eugeen Verhellen (1993), ‘Children’s Rights and Education: A Three-track Legally Binding Imperative’, School Psychology International, 14, 199–208 18. Barbara Bennett Woodhouse (2002), ‘Speaking Truth to Power: Challenging the Power of Parents to Control the Education of their Own’, Cornell Journal of Law and Public Policy, 11 (3), Summer, 481–501 PART III APPROACHES TO CHILD LABOR 19. Michael J. Dennis (1999) ‘The ILO Convention on the Worst Forms of Child Labor’, American Journal of International Law, 93 (4), October, 943–8 20. Janelle M. Diller and David A. Levy (1997) ‘Child Labor, Trade and Investment: Toward the Harmonization of International Law’, American Journal of International Law, 91 (4), October, 663–96 21. Tendai Charity Nhenga-Chakarisa (2010), ‘Who Does the Law Seek to Protect and From What? The Application of International Law on Child Labour in an African Context’, African Human Rights Law Journal, 10, 161–96 PART IV ARMED CONFLICT AND CHILD SOILDERS 22. Jo Becker (2014), ‘From Opponent to Ally: The United States and Efforts to End the Use of Child Soldiers’, Michigan State International Law Review, 22 (2), 595–608 23. Diane Marie Amann (2013), ‘A Review of Reimagining Child Soldiers in International Law and Policy in Mark A. Drumbl, Oxford University Press’, American Journal of International Law, 107 (3), July, 724–7 24. Nienke Grossman (2007), ‘Rehabilitation or Revenge: Prosecuting Child Soldiers for Human Rights Violations,’ Georgetown Journal of International Law, 38, Winter, 323–61 25. Claire Breen (2003), ‘The Role of NGOs in the Formulation of and Compliance with the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict’, Human Rights Quarterly, 25 (2), May, 453–81 26. Janet McKnight (2010), ‘Child Soldiers in Africa: A Global Approach to Human Rights Protection, Enforcement and Post-Conflict Reintegration’, African Journal of International and Comparative Law, 18 (2), 113–42 PART V THE SEXUAL EXPLOITATION OF CHILDREN 27. Jonathan Todres (2014), ‘A Child Rights Framework for Addressing Trafficking of Children’, Michigan State International Law Review, 22 (2), 557–93 28. Sara A. Dillon (2008), ‘What Human Rights Law Obscures: Global Sex Trafficking and the Demand for Children’, UCLA Women’s Law Journal, 17, 121–86 PART VI PUNISHING CHILDREN A. Corporal Punishment 29. Alison Dundes Renteln (2010), ‘Corporal Punishment and the Cultural Defense’, Law and Contemporary Problems, 73, Spring, 253–79 30. Murray A. Straus (2010), ‘Prevalence, Societal Causes, and Trends in Corporal Punishment by Parents in World Perspective’, Law and Contemporary Problems, 73, Spring, 1–30 31. Paulo Sérgio Pinheiro (2006), ‘An End to Violence Against Children’ in World Report on Violence Against Children, Chapter 1, Geneva, Switzerland: United Nations Secretary-General's Study on Violence against Children, 3–27 B. Criminal Justice 32. Mark A. Drumbl (2013), ‘Child Pirates: Rehabilitation, Reintegration, and Accountability’ Case Western Reserve Journal of International Law, 46 (1 and 2), Fall, 235–8 33. Geraldine Van Bueren (1999), ‘A Curious Case of Isolationism: America and International Child Criminal Justice’, Quinnipiac Law Review, 18, 451–68
£330.00
Edward Elgar Publishing Ltd Trade, Labour and Sustainable Development:
Book Synopsis
£132.29
Edward Elgar Publishing Ltd Changing Sustainability Norms through
Book SynopsisApplying the emergent Business and Human Rights (BHR) regime as a case, this book analyses regulatory strategies, communicative approaches and public-private processes to develop new sustainability-related norms, particularly for business, for maintaining and promoting public policy objectives and societal needs. Karin Buhmann sets out the concerns of public regulators and businesses that both inform debates and create power struggles in the construction of sustainability norms between public policy interests and the market. The author focuses on three trends in argumentative strategies applied in the BHR context and considers the use, impact and complementarity of these for sustainability regulation. Through analysis of selected transnational regulatory processes, the book identifies argumentative and negotiation strategies that led to agreement on BHR despite conflicting interests across public, private and not-for-profit (NGO) stakeholders, and develops insights for future multi-stakeholder sustainability regulation, focusing both on the regulatory process and the outcome. Changing Sustainability Norms through Communication Processes will be a valuable read for NGOs, regulators, managers and academics with a concern for sustainability regulation by helping to enhance their understanding of how to influence normative change in organisations, in support of sustainability and responsible business conduct.Trade Review'This book provides useful new narratives with which to explain the evolution of soft law within the interconnected fields of business and human rights and corporate sustainability. It helps situate these developments within the overall frames of international law and socio-legal studies, not merely for the academy and for theory's sake, but also to guide the wide range of societal actors, including sustainability champions inside companies, seeking to use norms to help change the practices of corporations to be more responsible and sustainable.' --Ursula Wynhoven, Office of the UN High Commissioner for Human Rights (on staff loan from the UN Global Compact)Table of ContentsContents: Part I Setting the Stage 1. Introduction 2. The Context: The CSR Discourse and its Relation to Law, Human Rights and Social Sustainability 3. Argumentative Strategies, Discourse and System-Specific Rationality Part II Discursive Construction of Business Responsibilities for CSR 4. Two Steps Forward, One Back – More Than Once: Developing Normative Guidance for Business on Human Rights in a CSR Context 5. From Incremental Steps to Emerging Regime Part III Arguing for Change 6. Argumentative Strategies 7. Conclusion Index
£122.00
Edward Elgar Publishing Ltd Corporate Accountability: The Role and Impact of
Book SynopsisWhilst many of us would agree that human rights are more important than corporate profits, the reality is often different; such realities as child labour and environmental destruction caused by corporate activities make this patently clear. Recognising that balancing human rights and business interests can be problematic, Corporate Accountability considers the limits of existing complaint mechanisms and examines non-judicial alternatives for conflict resolution.The innovative approach herein compiles both long-standing international expertise and findings based on 25 key interviews from experts and victims. In contrast to the current literature, which tends to provide details on the functioning of the mechanisms, this book delves further to examine the strengths and weaknesses of each mechanism and provides criteria of excellence for non-judicial grievance mechanisms. In doing so, it provides a reality-check for corporate accountability worldwide.Novel and thought provoking, Corporate Accountability will be a captivating read for academics as well as companies interested in human rights and corporate social responsibility. It will also prove of interest to related state institutions such as development agencies and other relevant ministries such as chambers of commerce, trade unions, NGOs and civil society organisations.Trade Review‘The book will be very useful for lawyers, academics, companies and for those who have an interest in business and human rights.’ -- Manoj Kumar Sinha, Business and Human Rights JournalTable of ContentsContents: PART I: Introduction 1. Introduction and methodology PART II: Grievance Mechanisms 2. International Mechanisms 3. Multi-stakeholder Mechanisms 4. Company Mechanisms PART III: Conclusions 5. Conclusions and criteria of excellencyBibliography Appendices Index
£134.00
Edward Elgar Publishing Ltd Research Handbook on Labour, Business and Human
Book SynopsisInquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe. Probing workers' rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights, and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.Trade Review'This timely collection offers a comprehensive study of the interaction between human rights and labour protection, a topic given additional impetus from the impact of economic globalisation on labour creating the need to find new ways for protecting the rights and conditions of increasingly precarious workers worldwide. Including an extensive range of country-based studies, covering all the major legal families, international developments and thought-provoking analytical papers, this book provides a critically balanced and highly informative contribution to the topic.' --Peter Muchlinski, SOAS, University of London, UK'Labour law and human rights law often follow separate paths and academics rarely engage with one another notwithstanding that the two fields are highly interrelated. This excellent edited volume bridges this gap and makes an important contribution to current debates on the intersection between labour law and human rights law. This is especially important in a world witnessing crucial transformations in the world of work. It is a must read for all scholars involved in research on labour rights.' --Axel Marx, University of Leuven, BelgiumTable of ContentsContents: PART I Conceptualizing Labour and Human Rights Law 1. Perspectives on Labour and Human Rights Janice Bellace and Beryl ter Haar PART II Sources in National Law Section A: Civil Law and Constitutional Sources 2. Fundamental Rights and German Labor Law Manfred Weiss 3. (The Right to) Work as foundational value: Italy and the Very Notion of a Constitutional Promise Edoardo Ales 4. Fundamental labour rights in Brazil: challenges and developments Ana Virginia Moreira Gomes 5. Business, Labor Law and Human Rights in Japan Takashi Yonezu 6. Fundamental Rights and Swedish Labour Law Mia Rönnmar Section B: Common Law 7. Worker Rights as Human Rights: Regenerative Reconception or Rhetorical Refuge? Matthew Finkin 8. Business and labour, and human rights in New Zealand Amanda Reilly and Jonathan Barrett 9. The architecture of human rights at work in Israeli law Guy Mundlak 10. Human Rights in the evolution of South African labour law Darcy du Toit and Mariam Sirkhotte Section C: Transition Economies 11. Labor Disputes in China from a Fundamental Labor Rights Perspective Piotr Grzebyk 12. Trying to balance economic and labour rights: the case of Russia Nikita Lyutov and Elena Gerasimova PART III Fundamental Rights Section A: Concepts 13. Freedom of Association: its emergence and the case for prevention of its decline Tonia Novitz 14. Freedom from child labour: a fundamental right Constance Thomas 15. Workplace gender equality as a human right: the ILO approach Jane Aeberhard-Hodges Section B: Supranational Influences 16. How the ILO embraced human rights Lee Swepston 17. The European convention on human rights, as a fountain of labour rights Filip Dorssemont 18. Labour Human Rights and the Jurisprudence of the Inter-American Court of Human Rights Miguel F. Canessa Montejo Section C: Scope and Coverage 19. Fundamental Labour Rights, Platform Work and Human Rights Protection of Non-Standard Workers Valerio de Stefano and Antonio Aloisi 20. Decent Work Challenges for Atypical Workers in Korea Christina Hiessl and Jaewook Nahm PART IV Business and Human Rights 21. From Workers’ Rights to Human Rights at Work Janice Bellace 22. Multinational Enterprises and Labor Rights: Concepts and Implementation Nicolas Bueno 23. The EU’s CSR policy in a global and national context Beryl ter Haar and Attila Kun 24. State Extraterritorial Regulation and Decent Work in the Asia Pacific John Howe and Ingrid Landau Index
£220.00
Edward Elgar Publishing Ltd Research Handbook on Human Rights and
Book SynopsisThis remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.'- Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.'- Beebe Barton, New York University School of Law, US'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.'- Peter Drahos, Australian National University and Queen Mary University of London, UKResearch Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence.The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property.Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law.Contributors include: A. Abdel-Latif, T. Aplin, C. Ávila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. YuTrade Review'This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.’ -- Jerome H. Reichman, Duke University, School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' -- Beebe Barton, New York University, School of Law, US'As he has done throughout his career in edited books, Christophe Geiger – Europe's leading scholar in this interdisciplinary area – has once again collected a splendid set of authors and inveigled them to produce one of the most definitive compendia of essays on human rights and intellectual property. The discourse set out in this tome is magnificently wide and thought-provoking. There is much within the 35 chapters to stimulate readers of all persuasions and specialisms, be it development theories, corporate rights, international diplomacy or general philosophical trends.' -- Uma Suthersanen, Queen Mary Intellectual Property Research Institute, UK'Human rights and intellectual property have travelled on separate avenues for too long, hardly interacting, and dealt with by separate communities. Yet, life does not make artificial distinctions of that kind. It confronts us with complex problems, interfacing intellectual property and human rights, both substantive and procedural. This Handbook proves the point. It offers an impressive and comprehensive account of such interface in domestic, European and global law, expounding foundations and jurisprudence. It makes an important and most welcome contribution to the discourse on trade, investment and human rights and the quest to find a proper balance. It offers new insights and is essential reading to all interested in exploring the complex relationship of human rights and intellectual property in legal practice and academic research' -- Thomas Cottier, University of Bern, Switzerland'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' -- Peter Drahos, Australian National University and Queen Mary University of London, UK‘Offering both depth and breadth of coverage on this important subject (which certainly impacts on other areas of law) this book will make a welcome contribution to the body of scholarship on both intellectual property and human rights issues worldwide. In a globalized economy, it will almost undoubtedly emerge as required reading for practitioners and researchers on both sides of the Atlantic.’ -- The Barrister MagazineTable of ContentsContents: Foreword Catherine Trautmann Introduction Christophe Geiger 1. Mapping the Interface Between Human Rights and Intellectual Property Laurence R. Helfer PART I LEGAL REALITY BEHIND HUMAN RIGHTS 2. Human Rights and Balancing: The Principle of Proportionality Jonas Christoffersen 3. Interaction Between Human Rights: Are All Human Rights Equal? Peggy Ducoulombier 4. Interaction Between International Human Rights Law and the European Legal Framework Rhona Smith 5. Overlaps and Conflict Norms in Human Rights Law: Approaches of European Courts to Address Intersections with Intellectual Property Rights Henning Grosse Ruse-Khan 6. Human Rights and Philosophical Foundations of Intellectual Property Daniel Gervais PART II HUMAN RIGHTS’ IMPLICATIONS FOR THE DEVELOPMENT OF INTELLECTUAL PROPERTY Section 1: Human Rights’ Implications for Intellectual Property Legislation 7. The Constitutionalization of the European Legal Order: Impact of Human Rights on Intellectual Property In The EU Tuomas Mylly 8. The Fundamental Right to (Intellectual) Property and the Discretion of the Legislature Alexander Peukert 9. Human Rights and International Intellectual Property Law Hannu Wager and Jayashree Watal 10. Human Rights and Intellectual Property Law at the Bilateral and Multilateral Levels: Substantive and Operational Aspects Xavier Seuba 11. Mitigating the Impact of Intellectual Property in Developing Countries Through the Implementation of Human Rights Carlos Correa Section 2: Impact of Human Rights on Decisions of Courts and Intellectual Property Offices 12. Intellectual Property in Decisions of National Constitutional Courts in Europe Thomas Dreier and Marco Ganzhorn 13. Intellectual Property in Decisions of Constitutional Courts of Latin American Countries Denis Borges Barbosa and Charlene de Ávila Plaza 14. Human Rights and Intellectual Property in the United States: The Role of US Courts in Striking a Fine Balance Between Competing Policies Toshiko Takenaka and Linda Falcon 15. Fundamental Rights in the Practice of the European Trade Mark and Designs Office (OHIM) Philipp Von Kapff 16. Human Rights in the Case Law of the EPO Boards of Appeal Agnieszka Kupzok PART III PRACTICAL INTERACTION BETWEEN HUMAN RIGHTS AND INTELLECTUAL PROPERTY Section 1: Civil and Political Rights and Intellectual Property 17. Freedom of Expression and the Right to Information: Implications for Copyright Dirk Voorhoof 18. Free Signs and Free Use: How to Offer Room for Freedom of Expression Within the Trademark System Martin Senftleben 19. Free Speech and Other Human Rights in ICANN’s New Generic Top Level Domain Process: Debating Top-Down Versus Bottom-Up Protections Jacqueline D. Lipton 20. Intellectual Property and Human Rights: Reputation, Integrity and the Advent of Corporate Personality Rights Guido Westkamp 21. Freedom to Conduct a Business, Competition and Intellectual Property Gustavo Ghidini and Andrea Stazi 22. Right to Property and Trade Secrets Tanya Aplin 23. Enforcement of Intellectual Property Rights and the Right to a Fair Trial Jonathan Griffiths 24. Digital Copyright Enforcement Measures and their Human Rights Threats Peter K. Yu Section 2: Economic, Social and Cultural Rights and Intellectual Property 25. Human Dignity and Patents Aurora Plomer 26. Right to Health and Patents Duncan Matthews 27. Public Health and Trademarks: Plain Packaging Laws and the TRIPS Agreement Jeffrey M. Samuels 28. Right to Food and Intellectual Property Protection for Plant Genetic Resources Claudio Chiarolla 29. Geographical Indications and Cultural Rights: The Intangible Cultural Heritage Connection? Dev S. Gangjee 30. Right to Culture and Copyright: Participation and Access Caterina Sganga 31. Human Rights, Persons with Disabilities and Copyright Abbe Brown and Charlotte Waelde Section 3: Collective Rights and Intellectual Property 32. The Right to Development: What Implications for the Multilateral Intellectual Property Framework? Ahmed Abdel-Latif 33. Using Intellectual Property Rules to Support the Self-Determination Goals of Indigenous Peoples Susy Frankel 34. Human Rights Perspective on Protection of Traditional Knowledge and Intellectual Property: A View from Island States in the Pacific Sue Farran PART IV FUTURE PERSPECTIVES FOR THE INTERPLAY OF HUMAN RIGHTS AND INTELLECTUAL PROPERTY? 35. Implementing Intellectual Property Provisions in Human Rights Instruments: Towards a New Social Contract for the Protection of Intangibles Christophe Geiger Index
£52.20
Edward Elgar Publishing Ltd Integrated Human Rights in Practice: Rewriting
Book SynopsisThis book aims to introduce concrete and innovative proposals for an holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law. Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures. This book's novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.Trade Review'The emergence of a human rights jus commune, the product of dialogue across jurisdictions and of the integration of "soft law" in the reasoning of human rights courts and expert bodies, has triggered fears of unpredictability as well as hopes of greater coherence across human rights systems and further progress in the protection of human rights. Do the advantages compensate for the potential risks? To provide an answer, human rights scholars have been asked to re-imagine certain leading cases in the light of such an ''integrated approach'' to human rights. The results are enlightening, making a significant contribution to the debate.' --Olivier De Schutter, University of Louvain (UCL) and UN Committee on Economic, Social and Cultural Rights'The creativity of this international team of excellent professors and scholars in human rights have produced an original and fascinating book. This exercise of ''redrafting'' some landmark cases decided by different supranational judicial and monitoring bodies reveals the unexpected resources of a holistic approach to fundamental rights, leaving space for external sources. This innovative book is a must read for all those who want to think and to mobilise human rights differently.' --Francoise Tulkens, Former Vice-President, European Court of Human RightsTable of ContentsContents: 1. Introduction: Rewriting Decisions from a Perspective of Human Rights Integration Eva Brems Part I Civil and political rights 2. Questions of Method : the Use of “External Sources” in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR) Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot 3. Standing Alone or Together: The Human Rights Committee’s Decision in A.P. v Russian Federation Gerald L. Neuman 4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and Peoples’ Rights, Zongo v Burkina Faso Magnus Killander 5. Same-Sex Marriage in Polarized Times: Revisiting Joslin v New Zealand (HRC) Malcolm Langford Part II Economic and Social Rights 6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty Valeska David 7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR) Wouter Vandenhole Part III Women’s rights 8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later Rhona Smith 9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary Eva Brems 10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive Part IV Disability rights 11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability Helena De Vylder 12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR) Marijke De Pauw and Paul De Hert 13. Another look at Glatzel (ECJ). Of principles and discriminations Antoine Bailleux and Isabelle Hachez Part V Indigenous peoples’ rights 14. Taking seriously indigenous peoples’ right of self-determination and the principle of ‘free, prior and informed consent’. Human Rights Committee, 2102/2011, Paadar et al. v Finland Martin Scheinin 15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples’ Rights): Pushing Indigenous Peoples’ Rights in Africa Forward Stefaan Smis and Derek Inman 16. Moving Human Rights Jurisprudence to a Higher Gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR) Lieselot Verdonck and Ellen Desmet Index
£158.00
Edward Elgar Publishing Ltd Negotiating Cultural Rights: Issues at Stake,
Book SynopsisThe various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development.Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights.This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues.Contributors include: S. Amin, L. Belder, Y.M. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-LockTrade Review‘Negotiating Cultural Rights is a noteworthy addition to the literature on cultural rights. The value of the book resides primarily in presenting Shaheed’s personal narrative of her experience as Special Rapporteur, addressing her work in its entirety and complexity by analyzing all ten reports, and identifying future lines of inquiry that scholars (as well as the current Special Rapporteur) are invited to pursue -- Andrea Boggio, Human Rights Review‘There are a growing number of scientific papers and publications analysing aspects of cultural rights, referring explicitly to and building on the work of the mandate. Of particular interest have been the publication of the commentaries on the Fribourg Declaration in 2010, the Wroclaw Commentaries in 2016 and Negotiating Cultural Rights in 2017.’ -- Karima Bennoune, Human Rights Council (Report of the Special Rapporteur in the field of cultural rights )Table of ContentsContents: Introduction: Outlining the field of cultural rights and its importance Lucky Belder and Helle Porsdam 1. The United Nations Cultural Rights Mandate: Reflections on the significance and challenges Farida Shaheed 2. Implementing cultural rights (Nature, issues at stake and challenges) - Report 2010 (A/HRC/14/36) Lotte Hughes 3. The right of access to and enjoyment of cultural heritage - Report 2011 (A/HRC/17/38) Lucky Belder 4. The right to enjoy the benefits of scientific progress and its applications - Report 2012 (A/HRC/20/26) Helle Porsdam and Matthias Mann 5. The enjoyment of cultural rights by women on an equal basis with men - Report 2012 (A/67/287) Yvonne Donders 6. The right to freedom of expression and creativity - Report 2013 (A/HRC/23/34) Shahira Amin 7. Corporate interests and artistic voices: the Plesner case Stina Teilmann-Lock 8. History, memory and memorialization processes - Report 2013 – 2014 (A/68/296, 2013 and A/HRC/25/49, 2014) Hanne Hagtvedt Vik 9. The impact of commercial advertising and marketing practices on the enjoyment of cultural rights - Report 2014 (A/69/286) Dalindyebo Shabalala 10. Copyright policy and the right to science and culture - Report 2015 (A/HRC/28/57) Fiona Macmillan 11. Patent policy and the right to science and culture - Report 2015 (A/70/279) Jannice Käll Index
£95.00
Edward Elgar Publishing Ltd The Legal Protection of Refugees with
Book SynopsisRefugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit. Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.Trade Review'This pioneering book weaves together international human rights law as well as international humanitarian and refugee law in order to address the plight of an estimated 10 million disabled refugees in the world. It tracks the steady evolution of international humanitarian and refugee law to keep pace with the insights and new standards in the UN convention on the rights of persons with disabilities, complementing legal analysis with a detailed and highly accessible examination of the situation on the ground. This work will endure as the standard reference work on refugees with disabilities, opening up a new field and doubtlessly attracting many others to contribute to it. It has a major role to play in framing a reform agenda to narrow the gap between the majestic generalities of the UN disability treaty and the actual living conditions of many millions of persons with disabilities.' --Gerard Quinn, National University of Ireland'At a time when the whole world is in an emotional state about refugees, with escalating polarization and discrimination, it is easy to invoke antagonistic feelings about the ''other''. Sadly, our ideal of "living together" is being replaced by the word ''security'' each day and it is time we remember that there is another side to security. This is why I am honored to endorse this great book by Crock, Smith-Khan, McCallum and Saul; for reminding us of the protection issues and rights of refugees with disabilities, making them visible again. This book does not only provide a rich variety of field findings, identifying the complex issues related to forced displacement and disability in the field, but also offers great guidance on how to overcome these challenges through the utilization of international law.' --Safak Pavey, MP, Turkish Parliament and former member of the UN Convention on the Rights of Persons with DisabilitiesTable of ContentsContents: Part I Setting the Scene 1. Disability in refugee populations 2. Paradigm shift: The CRPD, international law and disability in displacement 3. Responding to disability in displacement: Country reports 4. Identifying disability 5. Lived experience of disability in displacement 6. Disability, intersectionality and context Part II Towards a rights regime for refugees with disabilities 7. Access to protection: Refugee rights and status determination processes 8. Disability rights, maritime interdiction and immigration detention 9. The right to survive: Disability and access to basic humanitarian assistance 10. Beyond mere survival: Rights to education, employment and community participation 11. The other ‘durable solutions’ for refugees with disabilities: resettlement and repatriation 12. Strategies for realising rights for refugees with disabilities Index
£111.00
Edward Elgar Publishing Ltd The Fragmented Landscape of Fundamental Rights
Book SynopsisThe composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.With engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.Taking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.Contributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. VioliniTrade Review‘Each contribution in this compendium is well researched and worth reading, making the volume an impeccable resource for anyone interested in the question of fragmentation of fundamental rights protection.’ -- Christian Breitler, European Yearbook on Human RightsTable of ContentsContents: The Fragmented Nature of Fundamental Rights Protection in Europe: An Introduction Lorenza Violini and Antonia Baraggia Part I THE THEORETICAL COMPLEXITY OF THE FUNDAMENTAL RIGHTS PROTECTION SYSTEM IN EUROPE 1. Human Rights Inflation in the European Union Matej Avbelj 2. Fundamental Rights and Federalism in the European Union and the United States: Challenges, Transformations and Normative Questions Federico Fabbrini 3. Common Constitutional Traditions in the Age of the European Bill(s) of Rights: Chronicle of a (somewhat prematurely) Death Foretold Oreste Pollicino Part II COURTS INTERACTING IN FUNDAMENTAL RIGHTS PROTECTION 4. The Role of the Court of Justice in the Fragmented European Fundamental Rights Landscape Šejla Imamović 5. The Bundesverfassungsgericht’s Human Dignity Review: Solange III and its Application in Subsequent Case Law Clara Rauchegger 6. Balancing Privacy and National Security in the Global Digital Era: a Comparative Perspective of EU and US Constitutional Systems Luca Pietro Vanoni Part III THE ‘HIDDEN’ SIDE OF FUNDAMENTAL RIGHTS PROTECTION: AGENCIES AND INTERNATIONAL BODIES 7. The Fundamental Rights Agency of the EU: a Step on the Way Toward an Integrated EU Policy in the Domain of Fundamental Rights Lorenza Violini 8. Fundamental Rights Protection Beyond Individual Complaints: the Potential of National Human Rights Institutions in Europe Katrien Meuwissen 9. Promoting Equality by Non-Judicial Actors: The Role of Equality Bodies in the European Union Landscape Maria Elena Gennusa 10. The Evolving Paradigm of Human Rights Protection as Interpreted and Influenced by the Venice Commission Simona Granata-Menghini and Stefania Ninatti Index
£100.00
Edward Elgar Publishing Ltd General Principles of EU Law and the Protection
Book SynopsisThis insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU.The book demonstrates that, due to their complementary and autonomous function, the general principles still play a key role in the protection of fundamental rights within the EU despite the binding force of the Charter. Analysis throughout the book shows that the role of general principles concerning fundamental rights is particularly evident when they reflect the specificities of the EU legal system, and contribute to ensuring its autonomy. These conclusions are supported through a comprehensive review of the relevant case law of the European Court of Justice in the field of fundamental rights protection. A particular focus is placed on convergences and discrepancies with respect to the jurisprudence of the European Court of Human Rights.This work will be of great interest to scholars who are researching the protection of fundamental rights within the legal order of the EU. Human rights lawyers will also find this a compelling text.Trade Review'Chiara Amalfitano offers a comprehensive and original examination of the Court of Justice's voluminous case law in the field of fundamental rights during the post Lisbon Treaty era. It must be particularly commended for its stimulating reading of the rapidly adapting, if not evolving, role of general principles concerning fundamental rights, since the entry into force of the EU Charter of Fundamental Rights.' --Laurent Pech, Middlesex University London, UKTable of ContentsContents: Introduction 1. The Current System of Fundamental Rights Protection in the European Union 2. The Relationship between the Sources of Fundamental Rights Protection in the EU Legal Order 3. The Role of the General Principles of Law Concerning Fundamental Rights in the post-Lisbon case law of the Court of Justice 4. The Role of the General Principles of Law beside and beyond the Charter 5. Final Remarks Bibliography Index
£94.00
Edward Elgar Publishing Ltd A Commentary on the Council of Europe Convention
Book SynopsisThis comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.This Commentary includes an analysis of each article’s drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation. The Commentary also presents the first full exploration of the findings of the Convention's monitoring body, the Group of Experts on Action against Trafficking in Human Beings (GRETA), providing a better understanding of the practical implications and challenges in relation to the Convention’s standards.Practitioners in the field of anti-trafficking, including lawyers, law enforcement agencies and providers of victim support services will find the Commentary’s concise analysis invaluable. It will also prove useful to researchers and students of human rights law, as well as to policymakers looking for guidance concerning obligations stemming from the Convention.Trade Review'The aim of the book according to its editors is to provide in compact format a clarification of concepts used in the convention. I would say it does that and more. If you want a deeper understanding of ECAT that balances detail with simplicity, I would recommend it.' -- Paul Keeley, The Law Society GazetteTable of ContentsContents: Foreword Introduction Julia Planitzer and Helmut Sax Preamble Nora Katona Article 1 Purposes of the Convention Julia Planitzer Article 2 Scope Nora Katona and Helmut Sax Article 3 Non-discrimination principle Julia Planitzer Article 4 Definitions Helmut Sax Article 5 Prevention of trafficking in human beings Helmut Sax Article 6 Measures to discourage the demand Julia Planitzer Article 7 Border measures Julia Planitzer Article 8 Security and control of documents Julia Planitzer Article 9 Legitimacy and validity of documents Julia Planitzer Article 10 Identification of the victims Vladislava Stoyanova Article 11 Protection of private life Julia Planitzer Article 12 Assistance to victims Julia Planitzer Article 13 Recovery and reflection period Helmut Sax Article 14 Residence permit Julia Planitzer Article 15 Compensation and legal redress Barbara Linder Article 16 Repatriation and return of victims Ryszard Piotrowicz and Conny Rijken Article 17 Gender equality Siobhán Mullally Article 18 Criminalisation of trafficking in human beings Vladislava Stoyanova Article 19 Criminalisation of the use of services of a victim Siobhán Mullally Article 20 Criminalisation of acts relating to travel or identity documents Julia Planitzer Article 21 Attempt and aiding or abetting Katerina Simonova Article 22 Corporate liability Julia Planitzer Article 23 Sanctions and measures Katerina Simonova Article 24 Aggravating circumstances Katerina Simonova Article 25 Previous convictions Katerina Simonova Article 26 Non-punishment provision Ryszard Piotrowicz Article 27 Ex parte and ex officio applications Katerina Simonova Article 28 Protection of victims, witnesses and collaborators with the judicial authorities Conny Rijken Article 29 Specialised authorities and co-ordinating bodies Katerina Simonova Article 30 Court proceedings Vahnessa Espig and Julia Planitzer Article 31 Jurisdiction Katerina Simonova Article 32 General principles and measures for international co-operation Nora Katona Article 33 Measures relating to endangered or missing persons Helmut Sax Article 34 Information Julia Planitzer Article 35 Co-operation with civil society Julia Planitzer Article 36 Group of experts on action against trafficking in human beings Helmut Sax Article 37 Committee of the Parties Helmut Sax Article 38 Procedure Helmut Sax Article 39 Relationship with the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organized crime Julia Planitzer Article 40 Relationship with other international instruments Julia Planitzer Article 41 Amendments Helmut Sax Article 42 Signature and entry into force Vahnessa Espig Article 43 Accession to the Convention Vahnessa Espig Article 44 Territorial application Julia Planitzer Article 45 Reservations Katerina Simonova Article 46 Denunciation Vahnessa Espig Article 47 Notification Vahnessa Espig Select bibliography Index
£242.00
Edward Elgar Publishing Ltd Contracting Human Rights: Crisis, Accountability,
Book SynopsisThe securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyze trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women?s rights in patriarchal societies, and civil liberties in chronic conflict. This timely study will be invaluable reading for academics, upper-level undergraduates, and those studying graduate courses relating to international relations, human rights, and global governance.Contributors include: K. Ainley, G. Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K. Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa, A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer, W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C. WrightTrade ReviewContracting Human Rights is an exciting collection of essays covering topics from refugee rights and the International Criminal Court to corporate responsibilities, LGBT and women's rights, and beyond. The authors show how human rights can be blocked by resistance, counter-mobilization, and the reassertion of state sovereignty. Yet they also show that there are still means to reinforce human rights rather than give in to a politics of fear. Well worth reading, and a superb collection for classroom use.' --Rhoda E. Howard-Hassmann, Professor Emeritus, Wilfrid Laurier University, Canada and Research Chair in International Human Rights, 2003-16'Brysk and Stohl bring together a diverse set of voices and perspectives in questioning long-held assumptions about the progressive expansion of international human rights norms and enforcement mechanisms. This book is essential reading for anyone interested in the long-term impact of the so-called war on terror on international human rights and anyone concerned with the future of human rights.' --Michael Goodhart, University of Pittsburgh, US'In turbulent times for human rights, this volume explores why promotion and protection of rights is stalled or thwarted in a range of issue areas, in multiple countries and regions, and at varying levels of governance. Particularly impressive are the range of topics covered across the individual chapters, the depth of evidence marshalled, and the uniformly urgent call to move beyond conventional explanations.' --Shareen Hertel, University of Connecticut, USTable of ContentsContents: Acknowledgments 1. Introduction: Contracting human rights Alison Brysk Part I Gaps 2. Contracting the refugee regime: The global citizenship gap Alison Brysk 3. Has the occupation occupied Israel? Gershon Shafir 4. Expanding extractive industries, contracting indigenous rights? Gains, setbacks and missed opportunities in Latin America Claire Wright 5. The bottom two billion: The global expansion of urban slums and second-class citizenship Natasha Bennett Part II Backlash 6. The human rights costs of NGOs’ naming and shaming campaigns Clair Apodaca 7. Perils of success: Backlash and resistance to LGBT rights in domestic and international politics Phillip M. Ayoub 8. Human rights and democracy promotion in times of contraction: EU human rights and democratization policies in Egypt Felipe Gómez Isa 9. From lawless to secret law: The United States, the CIA, and extra-judicial killings Arturo Jimenez-Bacardi Part III Accountability 10. Whither accountability? Counter-terrorism and human rights at the United Nations Security Council George Andreopoulos 11. Backlash and international human rights courts Wayne Sandholtz, Yining Bei, and Kayla Caldwell 12. Retreat or retrenchment? An analysis of the International Criminal Court’s failure to prosecute presidents Kirsten Ainley 13. Searching for accountability of the private sector: Civil liability of corporations for trafficking in human beings for the purpose of labour exploitation in the European context Julia Planitzer, Nora Katona, Barbara Linder and Karin Lukas Part IV Opportunities 14. Business and human rights: Exploring the limits of an expanding agenda on corporate responsibility Anne Vestergaard and Michael Etter 15. Digital media and human rights: Loomio, Statistics New Zealand, and gender identity Cynthia Stohl, Michael Stohl and Shiv Ganesh 16. Beyond global vs. local: Islam, feminism, and women’s rights in Morocco Jesilyn Faust 17. Contesting the citizenship gap: Advocacy, core rights, and women’s rights reform Feryal M. Cherif 18. Conclusion: From hope to fear in the millennium: Human rights in an age of backlash Michael Stohl Index
£111.00
Edward Elgar Publishing Ltd Citizenship in Segmented Societies: Lessons for
Book SynopsisEuropean Union citizenship is increasingly relevant in the context of both the refugee crisis and Brexit, yet the issue of citizenship is neither new nor unique to the EU. Using historical, political and sociological perspectives, the authors explore varied experiences of combining multiple identities into a single sense of citizenship.Cases are taken from Canada, Croatia, Czechia, Estonia, Spain, Switzerland and Turkey to assess the various experiences of communities being incorporated into one entity. The studies show that the EU has a comparatively large degree of diversity and complexity, with levels of integration achieved in a relatively short timeframe. Advisory models based on Canada and Switzerland allow for the EU integration processes to continue while protecting diversity and upholding common institutions. Citizenship in Segmented Societies will appeal to academics and students in the field of European and federalist studies with a focus on multiculturalism and linguistic pluralism, minority rights, and citizenship issues. It will also be of interest to those with a particular interest in historical and comparative analysis of the EU.Contributors include: A.C. Bianculli, F. Cheneval, Ç. Erdogan, M. Ferrín, V. Hlousek, J. Jordana, S. Lopez, M. Sanjaume-Calvet, G. Tavits, H. Yilmaz, C.I. Velasco RicoTrade Review'How to build supranational citizenship while accommodating diversity and protecting existing communities is a key challenge to European integration. Case by case, this highly informative collection shows that that the EU is not alone - and that there is a huge variety of models to draw from (or to avoid).' --Frank Schimmelfennig, ETH Zurich, SwitzerlandTable of ContentsContents: Introduction Francis Cheneval and Mónica Ferrín 1. Switzerland as a Model for the EU Francis Cheneval and Mónica Ferrín 2. The EU and the Canadian mirror: citizenship, multinationalism, and multiculturalism Clara Isabel Velasco Rico and Marc Sanjaume-Calvet 3. Linguistic Policies and Citizens’ Claims in a Multinational State: The Case of Spain Andrea C. Bianculli, Jacint Jordana and Siresa Lopez 4. The Czech Republic: Minority Rights since the Days of the Habsburg Empire Vít Hloušek 5. Minority Policy and Social Rights: The Case of Estonia Gaabriel Tavits 6. Turkey: Minorities and Citizenship Claims Hakan Yılmaz, section 6.1 with the assistance of Çağdan Erdoğan 7. Accommodating Rivalling Claims to Citizenship in Federations: Lessons for the EU Marc Sanjaume-Calvet 8. Nation-Building Process versus Community Claims: Taking Stock of Analysed Examples of Unitary States Vít Hloušek 9. Conclusion Francis Cheneval and Mónica Ferrín Index
£94.00
Edward Elgar Publishing Ltd Civil Rights and EU Citizenship: Challenges at
Book SynopsisThe process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike.Contributors include: S. Adamo, P.J. Blanco, S. de Vries, H. de Waele, T. Dudek, M.-P. Granger, K. Irion, Á.E. Menéndez, J. Morijn, P. Phoa, O. Salat, H. van Eijken, J.G. VegaTrade Review'Through its conceptually innovative focus on EU citizenship and civil rights, this important contribution reframes and refreshes some enduring questions around the protection of rights equal treatment as well as bringing significant new themes, notably the role of civil society, more to the centre of current debates. The collection's overarching exploration of a ''European civil rights mo(ve)ment'' has never seemed more necessary.' --Niamh Nic Shuibhne, The University of Edinburgh, UKTable of ContentsContents: Preface 1 EU citizenship and civil rights: an underexplored nexus Henri de Waele and Marie-Pierre Granger PART I FRAMEWORKS 2. Post-Lisbon civil rights protection by the EU’s political institutions John Morijn 3. Securing private actors’ respect for civil rights within the EU: actual and potential horizontal effects of instruments Sybe de Vries 4. The role of civil society organisations Javier A. González Vega PART II RIGHTS 5. Nationality and EU citizenship: strong tether or slipping anchor? Hanneke van Eijken and Pauline Phoa 6. EU citizenship and EU anti-discrimination law: barriers to the enjoyment of the right to non-discrimination resulting from the legal anti-discrimination framework Tomasz Dudek 7. The civil right to free movement: the beating heart of European Union citizenship? Marie-Pierre Granger 8. The right to family life and obstacles arising from intra-European mobility Pilar Jiménez Blanco and Ángel Espiniella Menéndez 9. Pursuing Union citizenship rights: access to justice Silvia Adamo 10. Citizen journalism: potentials and pitfalls for European Union citizenship Orsolya Salát 11. The right to protection of personal data: the new posterchild of European Union citizenship? Marie-Pierre Granger and Kristina Irion 12. Epilogue: towards a European civil rights mo(ve)ment? Marie-Pierre Granger and Henri de Waele Index
£115.00
