Law: Human rights and civil liberties Books

Book SynopsisEver since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers and proposes ways in which they may be overcome.Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors including the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book present a pathway to enhance cross-border realization of European citizens? access to their economic rights, as well as increasing in the cultural richness of the EU.EU Citizens? Economic Rights in Action is an important book, which will be an essential resource for students of EU citizenship and economics, as well as for EU policymakers and practitioners interested in the field.Table of ContentsContent: Foreword by Catherine Barnard Series Preface PART I EU CITIZENS’ ECONOMIC RIGHTS AND BARRIERS TO THEIR EXERCISE: A CRITICAL OVERVIEW 1. General reflections on current threats and challenges to, and opportunities for, the exercise of economic rights by EU citizens Sybe de Vries 2. European ‘equalization’ rules and the de facto differentiation in Member States’ revenues as a barrier to EU citizens’ freedoms Flavio Guella PART II THE LEGAL-FACTUAL DICHOTOMY OF BARRIERS TO ECONOMIC FREEDOMS BASED ON THREE CROSS-NATIONAL CASE STUDIES 3. Union citizens and the recognition of professional qualifications: where do we go from here? Silvia Adamo and Tom Binder 4. Enhancing the protection of digital consumer rights in the European Union: the EU Commission’s response to geoblocking and geofiltering Anne-Marie Van den Bossche and María Teresa Solís Santos 5. Intellectual property rights and barriers to EU citizens: copyright in the light of the Digital Single Market Paolo Guarda PART III HINDRANCES RESULTING FROM THE ECONOMIC CRISIS IN THE EURO ZONE 6. From economic crisis to identity crisis: the spoliation of EU and national citizenships Vassilis Hatzopoulos 7. The charter in times of crisis: the empowerment of economic rights Maribel González Pascual 8. Financial crisis and consumers: breaking down barriers to build up new ones? Raúl Ignacio Rodríguez Magdaleno, Irma Martínez García and Silvia Gómez Ansón PART IV HINDRANCES RESULTING FROM PLURILINGUALISM 9. EU legal language and economic rights interpretation in the Member States Elena Ioriatti 10. Economic Implications of Linguistic Pluralism within the European Union Margarita Argüelles Vélez and Carmen Benavides González 11. What comes first, language or work? Linguistic barriers for accessing the labour market Silvia Adamo 12. The French language system: between protection and obstacles Céline Lageot 13. EU multilingualism and rivalries of rights: from barriers to plurilingualism Elisabetta Pulice Index

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Book SynopsisTwenty-five years after the introduction of European citizenship, it seems as though the EU has overreached itself. In its current state the EU provokes much negative political reaction among its citizens. Conversely, interest in European issues has increased during the crisis, pro-European social movements have emerged and new debates on reforms of the Union’s architecture are flaring up. Through updated and integrated multidisciplinary research this book reconsiders the contradictions and constraints, as well as the promises and prospects, for the future of EU citizenship.With chapters from leading researchers in the field, Reconsidering EU Citizenship is an innovative contribution to the lively debate on European and transnational citizenship. Bringing together policy research and reflections from political theory, this book offers an up-to-date critique of the current state of EU citizenship as well as new insights for its future.As citizenship rights issues become more prominent on the EU policy-making agenda, Reconsidering EU Citizenship will be an invaluable resource to students of EU policy as well as policy-makers and practitioners in the field.Contributors include: F. Cheneval, H. Dean, O. Eberl, M. Ferrin, V. Hlousek, M. Hoogenboom, J. Komárek, V. Koska, M. Prak, S. Seubert, C. Strünck, P. van Parijs, F. Van WaardenTable of ContentsContents: Introduction: Reconsidering European Citizenship Sandra Seubert and Oliver Eberl PART I: Models and Constructions of EU citizenship 1. EU citizenship and the puzzle of a European Political Union Sandra Seubert 2. The historical origins of local-national citizenship combinations in Western Europe and the implications for EU citizenship Marcel Hoogenboom and Maarten Prak 3. EU citizens’ duties: Preventing barriers to the exercise of citizens’ rights Jan Komárek PART II: Contradictions and Constraints of EU citizenship 4. Market or polis? Sources of different rights and conflicting social logics in the dynamics of European integration Frans van Waarden 5. EU citizenship and ‘work’: Tensions between formal and substantive equality Hartley Dean 6. A ‘Rights Revolution’ in Europe? The ambiguous relation between rights and citizenship Christoph Strünck 7. Shifting borders and contested identities: The quest for republican EU citizenship and polity Vít Hloušek and Viktor Koska PART III: Prospects for EU Citizenship 8. EU citizenship: Integrating multi-layered identities? Francis Cheneval and Mónica Ferrín 9. EU citizenship and prospects for cosmopolitanism Sandra Seubert 10. Transnational European civic solidarity Oliver Eberl 11. Justifying Europe Phillippe van Parijs Conclusion: From Protection to Empowerment Sandra Seubert Index

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Book SynopsisCitizenship is an ever-evolving and expanding concept. European citizenship is all the more so. This book considers the role that the institutional design of the European Union plays in extending the rights of EU citizens.With chapters from leading researchers in the field, Democratic Empowerment in the European Union outlines the core themes relating to democratic empowerment in the EU. It examines the channels that are being made available by EU policymakers to help increase democratic participation, as well as the hindrances to, and the problems associated with, democratic empowerment. With its groundbreaking account of the ways in which EU citizens are hampered in exercising their democratic citizenship, and proposals for how they might be further empowered to do so, this book is an important addition to the literature on the subject, and offers an excellent introduction to this crucial issue.Democratic Empowerment in the European Union will be essential reading for students of politics and both social and public policy with interests in democracy and citizenship, as well as European policymakers seeking to understand and encourage democratic engagement.Contributors include: W. Bakker, T. Binder, R.I. Csehi, F. Cheneval, K. Dinur, O. Eberl, M. Ferrín, R. Fransen, D. Gaus, A. Gerbrandy, H. Haber, P. Kaniok, V. Koska, N. Kosti, D. Levi-Faur, S. Seubert, C. Struenck, U. Puetter, F. van Waarden, R. ZwiekyTrade Review‘This book will appeal to all those that have an interest in questions about how EU citizenship is developing to enable citizens to influence policymaking.’ -- James Organ, Common Market Law ReviewTable of ContentsContents: Preface and Acknowledgement 1. Democratic Empowerment in the EU: An Introduction David Levi-Faur, Nir Kosti and Frans Van Waarden 2. Involvement of national parliaments in the political system of the European Union: a way for democratic empowerment? Petr Kaniok 3. Political inequality and democratic empowerment in the European Union: The Role of the European Parliament Sandra Seubert, Oliver Eberl and Daniel Gaus 4. The European Citizens Initiative from Comparative Perspective Fernando Mendez, Roman Zwicky and Daniel Kübler 5. The European Ombudsman Marco Inglese and Tom Binder 6. Direct democracy in the European Union: An Option for Democratic Empowerment? Francis Cheneval and Mónica Ferrín 7. Education for a Civic Culture Wieger Bakker, Marlot van der Kolk and Viktor Koska 8. Competition Law and the EU Democratic Deficit Anna Gerbrandy and Rutger Fransen 9. Regulation by litigation as a form of Empowerment Christoph Struenck 10. How Financial Market Constraints and Technocratic Decision-making Impact on European Political Citizenship and Democracy? Robert Csehi and Uwe Puetter 11. The Financialization of EU Citizenship: An Alternative to Democratic Empowerment Hanan Haber and David Levi-Faur 12. Democratic Empowerment and the Future of the EU: Some lessons from Brexit Keren Dinur, Nir Kosti, David Levi-Faur and Guy Mor Index

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Book SynopsisThe concept of supranational European citizenship has become one of the core concepts of the EU?s unique polity. It has, however, been one of the most difficult to actualise. This book examines the challenges of, and barriers to, exercising full citizenship rights for European citizens and considers how they might best be overcome.Drawing on cutting-edge research from interdisciplinary areas of study, this book examines the key issues surrounding EU citizenship. Reflecting on the diversity of European societies, it identifies, analyses and compares the many barriers that citizens face to fully exercising their rights. With chapters examining key issues from migration to democratic governance and social rights, Moving Beyond Barriers critically analyzes concepts of citizenship and the way that EU citizenship is politically, legally, economically and socially institutionalised, and elaborates alternatives to the current paths of realising EU citizenship.Citizenship issues feature prominently in the European policy-making agenda and the insights offered by this book will be of benefit to those with an interest in EU law, social and public policy and administration. Policy-makers and practitioners will also benefit from the reflections on citizenship and the practical guidance on how to move beyond current issues regarding EU citizenship.Contributors include: B. Anderson, W. Bakker, V. Baricevic, F. Cheneval, S. de Vries, D. di Micco, O. Eberl, M. Ferrin, M.-P. Granger, M. Hoogenboom, E. Ioriatti, T. Knijn, N. Kosti, D. Levi-Faur, M. Naldini, M. Prak, E. Pulice, M. Seeleib-Kaiser, S. Seubert, I. Shutes, M. van der Kolk, F. van Waarden, S. Walker, P. WallisTrade Review'The bEUcitizen project has made an important contribution to the field of EU citizenship studies. This wide ranging book provides a taste of the different insights that the project has offered us about the different types of barriers to exercising European citizenship. Put together by an interdisciplinary and international team, the book is full is insights and should be widely consulted by scholars in the field.' --Jo Shaw, Salvesen Chair of European Institutions, University of Edinburgh, UKTable of ContentsContents: PART I CONCEPTUAL PERSPECTIVES ON BARRIERS 1. Introduction: Being a citizen in Europe Frans van Waarden and Sandra Seubert 2. Boundaries and promises: conflicts of democratic citizenship and its prospects in the European Union Sandra Seubert and Oliver Eberl 3. Rivalling and clashing citizenship rights within the EU: Problems with the multi-dimensionality of rights Sybe de Vries and Frans van Waarden 4. Troublesome transitions and historical continuities: Citizenship in Europe, 1600-2000 Maarten Prak, Marcel Hoogenboom and Patrick Wallis 5. Accommodating Rivalling Claims of Citizenship Mónica Ferrín and Francis Cheneval 6. The social embeddedness of citizenship: Rights, communities and polities Marcel Hoogenboom and Trudie Knijn PART II RIVALLING AND COMPLEMENTING RIGHTS: THE MULTIDIMENSIONALITY OF EUROPEAN CITIZENSHIP 7. Economic rights of EU citizens within a multi-level context Sybe de Vries and Elisabetta Pulice 8. Citizenship, Europe and Social Rights Martin Seeleib-Kaiser 9. The protection of civil rights and liberties and the transformation of Union citizenship Marie-Pierre Granger 10. The Right to Participate: Empowerment via Participation in the EU Nir Kosti and David Levi-Faur PART III SOCIO-ECONOMIC AND CULTURAL BARRIERS TOWARDS EU CITIZENSHIP 11. Gender and Generational Interdependences and Divisions among EU citizens Trudie Knijn and Manuela Naldini 12. Insider/outsider: categorical rivalries? Bridget Anderson, Vedrana Baričević, Isabel Shutes and Sarah Walker 13. Linguistic diversity and barriers to EU citizens’ rights Elena Ioriatti and Domenico di Micco PART IV TOWARDS EUROPEAN CITIZENSHIP 14. The Futures of EU Citizenship: Consequences of Different Scenarios Wieger Bakker and Marlot van der Kolk 15. Conclusions Trudie Knijn, Marcel Hoogenboom, Sandra Seubert and Sybe de Vries Index

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Book SynopsisThis timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU's legal framework for the protection and enforcement of copyright. Taking a comparative approach, contributions from both leading and emerging scholars offer a variety of perspectives and methodologies through which to examine copyright law in the context of the digital economy. They investigate issues such as the relationship between private and public enforcement mechanisms, the parallels and divergences between US and European approaches, and the influence of the Court of Justice of the EU and the European Court of Human Rights on national courts and the European legal regime. Scholars of comparative and European law, as well as those with a particular interest in copyright in the context of digital technologies will find this an essential read. It will also prove useful to practitioners looking to understand recent trends in the interpretation of the EU legal framework around copyright. Contributors include: M. Bassini, G.G. Codiglione, F. Macmillan, M.L. Montagnani, T. Mylly, O. Pollicino, E. Psychogiopoulou, G.M. Riccio, O. Soldatov, A. Strowel, A. TrapovaTable of ContentsContents: 1 Introduction 1 Oreste Pollicino, Giovanni Maria Riccio, Marco Bassini 2 ‘Speaking truth to power’: copyright and the control of speech 6 Fiona Macmillan 3 Copyright strengthened by the Court of Justice interpretation of Article 17(2) of the EU Charter of Fundamental Rights 28 Alain Strowel 4 Regulating with rights proportionality? Copyright, fundamental rights and internet in the case law of the Court of Justice of the European Union 54 Tuomas Mylly 5 Copyright and fundamental rights in European Court of Human Rights case law 99 Oleg Soldatov 6 Cultural rights, cultural diversity and the EU’s copyright regime: the battlefield of exceptions and limitations to protected content 124 Evangelia Psychogiopoulou 7 The influence of the Court of Justice of the European Union on national courts in copyright cases 155 Giovanni Maria Riccio 8 US and EU: diverging or intertwined paths? 188 Maria Lillà Montagnani and Alina Trapova 9 From private enforcement to public enforcement. Copyright enforcement in the digital age: a comparative overview 216 Giorgio Giannone Codiglione and Marco Bassini Index

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Book SynopsisContrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users.The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law.Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look.Contributors include: E. Brems, E. Bribosia, P. De Hert, E. Desmet, E.K. Dorneles de Andrade, M. Holvoet, D. Inman, B. Oomen, S. Ouald-Chaib, I. Rorive, S. Smis, O. Van der Noot, S. Van DrooghenbroeckTrade Review'This book presents a thorough and inspiring analysis of the current trend towards fragmentation in the domain of human rights. There is a serious risk that fragmentation will lead to a race to the bottom in terms of human rights protection. In addition to the excellence of the individual contributions, on issues that range from specialisation to contextualisation of human rights law, and from human rights experimentation to strategic choice in human rights litigation, this book comes at the right time. It is a must read.' --Paulo Pinto de Albuquerque, European Court of Human Rights and Catholic University, PortugalTable of ContentsContents: Introduction Saïla Ouald-Chaib 1. Methodologies to study human rights law as an integrated whole from a users’ perspective: lessons learnt Ellen Desmet 2. Understanding International Criminal Law from a Users’ Perspective: Pluralism Due to Contestation, Integration through Collaboration Mathias Holvoet and Paul De Hert 3. Fragmentation, Harmonization and the Users’ Perspective: The Munduruku Peoples’ View on Land and the Developing Standards on Indigenous Peoples’ Land Rights Derek Inman, Stefaan Smis and Edson ‘Krenak’ Dorneles de Andrade 4. Fragmentation/Integration of human rights law - a users’ perspective on the CRPD Barbara Oomen 5. Human Rights Integration in action: making equality law work for trans people in Belgium Emmanuelle Bribosia and Isabelle Rorive 6. Between assimilation and exclusion: is there room for an ‘integrated’ approach towards constitutional and international protection of human rights? Sébastien Van Drooghenbroeck and Olivier Van der Noot 7. Smart Human Rights Integration Eva Brems Index

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Book SynopsisThis Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.Trade Review‘The Research Handbook on Torture is a staggeringly valuable collection of essays that more than satisfies the promise of its title ... how incredibly valuable this book will be to anyone who works on the legal and medical issues that torture generates.’ -- John T. Parry, Criminal Law and Criminal JusticeTable of ContentsContents: 1. Addressing Torture: An Introduction Malcolm Evans and Jens Modvig 2. The Ticking Bomb Scenario: Evaluating Torture as an Interrogation Method Michelle Farrell 3. Effective Torture Prevention Richard Carver and Lisa Handley 4. Fragility, States and Torture Tobias Kelly, Steffen Jensen and Morten Koch Andersen 5. An Overview of International Protection Moritz Birk and Manfred Nowak 6. Torture and ill treatment: The United Nations Human Rights Committee Christof Heyns, Carmen Rueda and Daniel du Plessis 7. The Committee Against Torture: Implementing the Prohibition against Torture Felice Gaer 8. The Mandate of the Special Rapporteur on Torture: Role, Contributions, and Impact Juan E. Méndez and Andra Nicolescu 9. The Council of Europe and the European System Christine Bicknell 10. The prohibition of torture and cruel, inhuman or degrading treatment or punishment in the Inter-American Human Rights System: Systems, Methods and Recent Trends Diego Rodríguez-Pinzón 11. Ensuring Freedom from Torture under the African Human Rights System Lawrence Murugu Mute 12. The Prevention of Torture Malcolm D Evans 13. International Law, Crime and Torture Robert Cryer 14. The use of information obtained by torture or other ill-treatment Matt Pollard 15. Torture and Non Refoulement Carla Ferstman 16. Universal and Extraterritorial Jurisdiction for Torture Lutz Oette 17. Foreign State Immunities as a Barrier to Accessing Remedies Lorna McGregor 18. Torture and International Medical Ethics Standards Vivienne Nathanson 19. Torture Methods and their Health Impact José Quiroga and Jens Modvig 20. Psychological Torture Pau Pérez-Sales 21. Medico-Legal Documentation of Torture and Ill Treatment Vincent Iacopino 22. Rehabilitation in Article 14 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Nora Sveaass, Felice Gaer, and Claudio Grossman 23. Psychological care for torture survivors, their families and communities Nimisha Patel 24. Treating pain after torture Kirstine Amris, Lester E Jones and Amanda Williams 25. Perspectives: A Series of Reflections on the Current Realities of Torture and Ill-Treatment (A) Torture in the 21st Century: 3 stories, 3 lessons Yuval Ginbar (B) Torture Today Tom Porteous (C) Some Reflections on Torture Prevention Barbara Bernath Index

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Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index

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Book SynopsisThis is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.Trade Review‘A clear and attractive exposition of the multidimensionality of rights that presents them as the result of a complex history and that analyzes from a critical point of view the theoretical and practical challenges that characterize the reality of rights, and that will determine the future of European democratic societies.’ -- Javier Ansuátegui Roig, Carlos III University of Madrid, SpainTable of ContentsContents: Preface PART I HISTORY 1. Origins: from the sixteenth to the eighteenth century 2. From man’s natural rights to citizens’ fundamental rights 3. Fundamental human rights and their multilevel protection PART II THEORY 4. The idea of fundamental rights 5. The reality of fundamental rights 6. The justification of fundamental rights PART III CASES 7. Sex, gender, sexual orientation 8. Employment, social protection, the environment 9. Religion, ‘race’ and ethnicity, culture Index

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Book SynopsisWith this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe.These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.Trade Review'A tireless and fearless human rights defender, personally acquainted with every aspect of the available UN and regional systems, let alone the American institutions, Professor Connie de la Vega gives here one more proof of her lifelong dedication to the cause. This wide-ranging guide to the international and regional organs and mechanisms, now so numerous as to form a maze difficult to penetrate, goes far beyond a description of their components. It teaches NGOs and other civil society actors how to make proper use of the different instances, bodies and procedures, with advice on how to choose and put to use those that may best serve one's endeavour. Clear knowledge of options available is, therefore, the first need to be fulfilled in order to avoid pitfalls and obstacles. This guide is certainly a most welcome contribution to all of those who still believe that universal human rights are now the only hope for social progress in a world where dominant politics seems determined to move backwards.' --José Lindgren-Alves, Member of the Advisory Committee to the UN Human Rights Council and former member of CERD, Brazil'International human rights and international criminal law procedures for upholding the rights of victims represent a great breakthrough in theory, but they are of limited utility unless they are accessible to, and can be used effectively by, the victims and civil society advocates. This book is an invaluable guide to the complexities of these procedures and how they can be used to bring real change.' --Philip Alston, New York University, School of Law, US and UN Special Rapporteur on extreme poverty and human rights'This is a wonderfully practical and straightforward guide for victims and those representing them on how to make international human rights bodies actually work. It explains in clear, accessible language how to get your issue or case before the UN, regional human rights bodies and the International Criminal Court, and what you can expect when you do so. The book fills the gap between theory and implementation nicely, and should be the go-to handbook for those doing human rights work to carry with them wherever they go.' --Naomi Roht-Arriaza, Hastings College of the Law, USTable of ContentsContents Introduction 1. International Human Rights Procedures 2. Regional Human Rights System 3. Advocacy at the International Criminal Court Conclusion Index

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Book SynopsisWith this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe.These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.Trade Review'A tireless and fearless human rights defender, personally acquainted with every aspect of the available UN and regional systems, let alone the American institutions, Professor Connie de la Vega gives here one more proof of her lifelong dedication to the cause. This wide-ranging guide to the international and regional organs and mechanisms, now so numerous as to form a maze difficult to penetrate, goes far beyond a description of their components. It teaches NGOs and other civil society actors how to make proper use of the different instances, bodies and procedures, with advice on how to choose and put to use those that may best serve one's endeavour. Clear knowledge of options available is, therefore, the first need to be fulfilled in order to avoid pitfalls and obstacles. This guide is certainly a most welcome contribution to all of those who still believe that universal human rights are now the only hope for social progress in a world where dominant politics seems determined to move backwards.' --José Lindgren-Alves, Member of the Advisory Committee to the UN Human Rights Council and former member of CERD, Brazil'International human rights and international criminal law procedures for upholding the rights of victims represent a great breakthrough in theory, but they are of limited utility unless they are accessible to, and can be used effectively by, the victims and civil society advocates. This book is an invaluable guide to the complexities of these procedures and how they can be used to bring real change.' --Philip Alston, New York University, School of Law, US and UN Special Rapporteur on extreme poverty and human rights'This is a wonderfully practical and straightforward guide for victims and those representing them on how to make international human rights bodies actually work. It explains in clear, accessible language how to get your issue or case before the UN, regional human rights bodies and the International Criminal Court, and what you can expect when you do so. The book fills the gap between theory and implementation nicely, and should be the go-to handbook for those doing human rights work to carry with them wherever they go.' --Naomi Roht-Arriaza, Hastings College of the Law, USTable of ContentsContents Introduction 1. International Human Rights Procedures 2. Regional Human Rights System 3. Advocacy at the International Criminal Court Conclusion Index

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Book SynopsisThis unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.Trade Review'This book is pioneering in empirically documenting how human rights accountability of outsourced bilateral development and export credit agencies is taking shape. It also offers a robust forward-looking legal analysis of what accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings should look like, drawing on concepts of state and corporate responsibility.' --Wouter Vandenhole, University of Antwerp, BelgiumTable of ContentsContents: Introduction Part I: Setting the scene 1. Human rights in development cooperation 2. Human rights in official export credits Part II: Human rights responsibilities for development and export credit agencies’ conduct 3. Host state responsibility 4. Home state responsibility 5. Corporate responsibility Part III: Conclusions and recommendations 6. Conclusions 7. Recommendations Bibliography Index

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Book SynopsisSince the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyses the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments.This timely book considers the most recently passed European laws that target Islamic veiling. The author situates the justifications for anti-veiling laws in the context of a careful analysis of the reasons why women wear veils, and considers these justifications by reference to emerging debates surrounding the relative value of liberalism and human rights, multiculturalism, and the need to protect 'traditional values'. The book concludes that these laws are best viewed as symbolic strikes at a recognizable symbol of an ideological opponent, theorising that their principal purpose is to enable particular countries to reaffirm traditional values in a context of increased domestic opposition to multiculturalism. This engaging work will be valuable reading for students and scholars of human rights law, Islamic law and those interested specifically in the laws and regulations surrounding Islamic veiling around the world.Trade Review'Though people may agree or disagree with his conclusions, anyone interested in the difficult and controversial topic of the restrictions on face-veiling in Europe will benefit from reading the interesting, well-researched and elegantly-argued book Neville Cox has written.' --Ronan McCrea, University College London, UKTable of ContentsContents: 1. Introduction 2. Rationales for Veiling and the Meaning of the Veil 3. Veiling and Rights 4. Terrorism, National Security and the Islamic Veil 5. Women’s Rights, Equality and the Islamic Veil 6. Veiling and Societal Values 7. Veiling and the Rights of Others 8. Symbolic Statements, Clashing Values and European Anti-Veiling Laws Index

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Book SynopsisHuman rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas.Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities.With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape.Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. StohlTrade Review‘This book will definitely serve as a good supplementary text for human rights courses and handy reference for seasoned practitioners and advocates.’ -- Kai-Chung Lo, Johnson Chun-Sing Cheung, Human Rights Review‘Contesting Human Rights is a provocative collection of essays by some of the world’s leading human rights scholars that will challenge the reader to re-think both the successes and the failures of the human rights revolution.’ -- Mark Gibney, University of North Carolina, Asheville, USTable of ContentsContents: 1. Introduction: Contesting Human Rights: Pathways of Change Alison Brysk PART I PATHWAYS 2. Building Momentum: Changes in Advocacy Discourse Around Early Child Marriage, 2011-2017 Amanda Murdie, Baekkwan Park, Jaqueline Hart and Margo Mullinex 3. Tensions in Rights: Navigating Emerging Contradictions in the Emerging LGBT Rights Revolution Phillip M. Ayoub 4. Better Late Than Never? The Evolving Responsibility of Internatioal Organizations George Andreopoulous PART II REGIME DEVELOPMENT 5. A Horizontal Pathway to Impact? An Assessment of the Universal Periodic Review at 10 Pilar Elizalde 6. The Trans-Regional Construction of Human Rights Wayne Sandholtz, Adam Feldman 7. The Effectiveness of an Emerging Pathway of Rights: The Constitutionalization of Human Rights Law Stephen Meili 8. Human Rights Cities: Making the Global Local Michael Goodhart PART III CONTRACTIONS AND LIMITATIONS 9. Advocacy and Accountability in the Age of Backlash: NGOs and Regional Courts Courtney Hillebrecht 10.What Went Wrong: Backlash and Contradictions in Central and Eastern Europe Patrice C. McMahon 11. Emerging Contradictions in US Human Rights Policy: The Trump Agenda The Trump Agenda Clair Apodaca 12. It Was The Best of Times, It Was The Worst of Times: Conclusions on Contesting Human Rights Michael Stohl Index

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity.Chapters written by international experts cover a broad range of topics including humanitarianism, transitional justice, economic rights, academic freedom, women's rights, environmental justice, and business responsibility for human rights. The book highlights the importance of contemporary research agendas for human rights being centred on questions of governance and fulfilment, shifting responsibilities, rights interdependence and global inequality.This is a critical read for students and scholars of human rights law, politics and international relations. The strong forward-looking agenda and coverage of a large number of fields within human rights studies will be helpful for advanced students looking for new areas of study for research projects.Trade Review'This very timely volume looks forward to a dynamic new interdisciplinary agenda for human rights research. Including chapters on the origins of human rights, the insights economics offers for women's rights and the imminent dangers of environmental activism, it illustrates the diverse approaches to human rights scholarship as well as the urgent need for it. Michael Stohl and Alison Brysk's A Research Agenda for Human Rights is an excellent riposte to recent assertions about the end or futility of the human rights project.' -- Neil Mitchell, University College London, UKTable of ContentsContents: 1 Introduction to A Research Agenda for Human Rights: Generations of human rights scholarship 1 Alison Brysk 2 The study of human rights history: A corpus-based linguistic approach to ’human rights‘ in the nineteenth-century British press 9 Eetu Vento 3 Humanitarianism: Coping in the void 23 David P. Forsythe 4 ‘People out of place’: Developing a human rights research agenda on internally displaced persons 37 Champa Patel 5 International human rights law: Progress and prospects 51 Kyle Rapp and Wayne Sandholtz 6 The future of transitional justice: Mercy or impunity? 75 Iosif Kovras 7 Academic freedom as a human right 89 George Andreopoulos 8 Socio-economic rights: Consolidating progress, charting future directions 111 Inga T. Winkler 9 Women’s rights: Then and now 127 Feryal Cherif 10 Inhumane environments: Global violence against environmental justice activists as a human rights violation 141 Jeff Feng, Matto Mildenberger and Leah C. Stokes 11 The public, the private, and the business-societal: A threefold approach to business responsibility for human rights 155 Janne Mende 12 Understanding human rights at the local level 173 Gerd Oberleitner and Klaus Starl Index 187

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Book SynopsisThis exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights. Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and/or create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s. This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for advocates, scholars and students interested in international human rights as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights. Contributors include: R. Balakrishnan, J. Bourke-Martignoni, M.V. Bras Gomes, L. Chenwi, J. Chowdhury, A. Corkery, C. de Albuquerque, K. Donald, J. Dugard, S. Gloppen, M. Gomez, J. Heintz, D. Ikawa, V. Krsticevic, C. O'Cinneide, K. Paterson, B. Porter, V. Roaf, I. Saiz, M. Sepúlveda, C. Vallejo, F. Veriava, S. Wilson, A.E. YaminTrade Review‘This welcome volume provides a useful, and thoughtful, resource for human rights scholars, students and practitioners of economic, social and cultural rights.’ -- Jessie Hohmann, Australian Journal of Human Rights‘The book addresses the international community as well as all levels of governance. It can complement the teaching of ESCR, offering a great resource and comprehensive overview of the existing legal framework of rights protection. Thus, the book can give new impulses to academic discourse regarding the contemporary challenges emerging from the strategies and approaches to ESCR protection globally, regionally, and domestically.’ -- Effrosyni Bakirtzi, European Journal of Social Security'Contested and marginalized in legal research, the field of economic, social and cultural rights has experienced a bloom in scholarly attention over the past ten years. With contributions by leading scholars and practitioners, this Research Handbook represents an up-to-date and in-depth analysis of the most salient mechanisms, doctrines and cross-cutting issues in the field. It constitutes an indispensable resource for policy-makers, scholars and advocates interested in the contribution of human rights to the eradication of poverty and inequality.' --Professor Sandra Liebenberg, Chair in Human Rights Law, University of Stellenbosch, South AfricaTable of ContentsContents: Introduction to the Research Handbook on Economic, Social and Cultural Rights xviii Bruce Porter, Jackie Dugard, Daniela Ikawa and Lilian Chenwi PART I THE HUMAN RIGHTS FRAMEWORK FOR ESCR 1 The international human rights system 2 Jackie Dugard 2 The International Covenant on Economic, Social and Cultural Rights and the Optional Protocol 14 Daniela Ikawa 3 The African system 28 Lilian Chenwi 4 The European system 49 Colm O’Cinneide 5 The Inter-American System 68 Viviana Krsticevic PART II CONTENT OF THE RIGHTS 6 The right to social security 90 Magdalena Sepúlveda 7 The right to education 114 Faranaaz Veriava and Kate Paterson 8 The right to food 138 Joanna Bourke-Martignoni 9 The right to health 160 Alicia Ely Yamin 10 The right to adequate housing 181 Stuart Wilson 11 The human rights to water and sanitation 203 Catarina de Albuquerque and Virginia Roaf 12 The right to work and rights at work 227 Virginia Brás Gomes PART III CROSS-CUTTING ISSUES 13 Unpacking the minimum core and reasonableness standards 251 Joie Chowdhury 14 Progressive realization using maximum available resources: the accountability challenge 276 Allison Corkery and Ignacio Saiz 15 Interdependence of human rights 302 Bruce Porter 16 Advancing economic and social rights through national human rights institutions: Interdependence of human rights 328 Mario Gomez 17 Economic policy and human rights 351 Radhika Balakrishnan and James Heintz 18 The 2030 Agenda for Sustainable Development: opportunity or threat for economic, social and cultural rights? 367 Kate Donald 19 The climate crisis: litigation and economic, social and cultural rights 387 Siri Gloppen and Catalina Vallejo Index

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Book SynopsisLarge-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels. This thought-provoking book offers significant new insights to the topic, laying the foundations for a human rights based approach to tobacco control. Addressing the function of law as a tool to help combat one of the major public health challenges facing society, contributions by global scholars rebut human rights claims presented by the tobacco industry. Emphasis is instead placed upon the human rights of vulnerable individuals, children in particular, as a result of smoking and exposure to second-hand smoke. Illustrating ways in which the right to health can be advanced with regards to tobacco control, smoking and the use of e-cigarettes, this important book will be a vital resource for human rights and health law scholars and practitioners as well as policy makers in public health law. Contributors include: D. Barrett, D. Beyleveld, O.A. Cabrera, A. Constantin A. Garde, M.E. Gispen, L. Gruszczynski, J. Hannah, S. Karjalainen, L. Lane, S. Lierman, A.L. McCarthy, A. Mitchell, S. Negri, O. Nnamuchi, M. Roberts, A. Schmidt, M. Sormunen, A. Taylor, B. Toebes, M. van Westendorp, Y. ZhangTrade Review'Marie Elske Gispen and Brigit Toebes have written a book of worldwide importance and impact. Tobacco is still the leading preventable cause of death globally. Big Tobacco poses a major threat to the right to health. Using a human rights lens, Gispen and Toebes powerfully show how human flourishing demands bold action on tobacco control. The authors are thought leaders globally on health and human rights. Their book is both a superb work of scholarship and a call to action for public health and human rights scholars and advocates everywhere.' --Lawrence O. Gostin, Georgetown University, US'Human rights law, at international, regional and national levels, offers important concepts and processes for strengthening tobacco control. Understanding this, the tobacco industry has also sought to co-opt human rights laws and concepts to serve its economic interests. The importance of human rights law to tobacco control is not well understood, which is why this book - convening the leading experts in this emerging field - is such a welcome and important contribution.' --Roger Magnusson, The University of Sydney, Australia'A well conceptualized and comprehensive volume on a key issue of our time. Varied in their approach to the topic, the pieces brought together here move from the global to the regional to the national, highlighting the interplay between legal systems, and show how human rights-based approaches to tobacco can support specific measures and actions. Illustrating not only how tobacco can be understood as a human rights concern but where human rights arguments fall short, this book shows how critical attention to ethical, normative and legal arguments may move us forward not only in rhetorical but actionable ways.' --Sofia Gruskin, University of Southern California, USTable of ContentsContents: Preface Danius Puras 1. Introduction Marie Elske Gispen PART 1 NORMATIVE REFLECTIONS 2. Dignity, vulnerability and human agency in the context of tobacco Deryck Beyleveld 3. Is there a human right to tobacco control? Andreas Schmidt PART 2 INTERNATIONAL AND REGIONAL HUMAN RIGHTS APPROACHES TO TOBACCO CONTROL AND THEIR LINK TO OTHER FIELDS OF LAW 4. Tobacco control in international human rights law Oscar Cabrera and Andrés Constantin 5. Accountability, human rights and the responsibilities of the tobacco industry Lottie Lane 6. Is there a European human rights approach to tobacco control? Amandine Garde and Brigit Toebes 7. Exploring the role of the ASEAN in fostering human rights approaches to tobacco control in Southeast Asia Yi Zhang 8. Tobacco use, exploitation and vulnerability in Africa: a human rights analysis Obiajulu Nnamuchi 9. Tobacco control in the Inter-American human rights system Oscar Cabrera and Andrés Constantin 10. Human rights in the origins of the FCTC Allyn Taylor and Alisha McCarthy 11. Human rights and tobacco control: lessons from illicit drugs Damon Barrett and Julie Hannah 12. The role of IEL dispute settlement bodies in reinforcing the sovereign rights of States in the field of tobacco control Lukasz Gruszczynski PART 3 SPECIFIC ELEMENTS OF TOBACCO CONTROL LAW AND POLICY IN LIGHT OF HUMAN RIGHTS 13. Smoke-free environments: lessons from Italy Stefania Negri 14. The tobacco endgame: experiences from Finland Milka Sormunen and Sakari Karjalainen 15. E-cigarettes in Belgium : while the smoke clears the fog rises Steven Lierman and Mathijs van Westendorp 16. Human rights and tobacco plain packaging in Australia Andrew Mitchell and Marcus Roberts 17. Conclusions Brigit Toebes Index

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Book SynopsisThis illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development.Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices.Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.Trade Review‘This impressive collection of chapters, from internationally respected academics and practitioners with expertise on terrorism and criminal law, tackles an important recent phenomenon. As ever more States seek to counter the threat of terrorism in innovative ways, specialised criminal offences proliferate and expand to reach those who fund, plan, encourage, prepare, or glorify terrorism in the physical and online worlds. The perceived threat posed by terrorism permits legislatures to criminalise more widely and punitively. The need for adequate scrutiny and safeguards is obvious as these offences challenge orthodox definitions and structures of criminal laws and their jurisdictional reach as well as traditional trial processes. The book provides an insightful exploration of the theoretical, social and practical dimensions to pre-cursor offences and offenders, drawing particularly on European experience. It will serve as a valuable resource for scholars and policy makers examining the many challenges that such legislation brings.’ -- David Ormerod CBE, QC, University College London, UK'This work explores and updates the study on the limits of criminal intervention against terrorism. It masterfully combines the study of the fundamentals with a common thread in the "advancement" of the punitive barrier to crimes of expression or crimes of belonging to organisations, without neglecting procedural aspects, cooperation or prison execution. And all of this with a comparative law approach that makes this work a genuinely European contribution to a more contained, legitimate and, at the same time, effective anti-terrorist strategy.' -- Jon-Mirena Landa, Director, UNESCO Chair for Human Rights, University of the Basque Country, SpainTable of ContentsContents: PART I INTRODUCTION 1 Introduction to Precursor Crimes of Terrorism 2 Mariona Llobet Anglí, Manuel Cancio Meliá, and Clive Walker 2 Counter terrorism through precursor crimes 20 Clive Walker PART II CRIMINALISATION OF ANTICIPATORY RISK OF TERRORISM ATTACKS 3 Law as reason vs law as will in the fight against terrorism: from a Hobbesian conception of law to an Orwellian society 44 Aniceto Masferrer and Pedro Talavera 4 The criminalisation of terrorism risk within the European Union: a suitable choice? 56 Francesca Galli 5 Voluntary abandonment related to the crime of membership of a terrorist group 72 Mertxe Landera Luri 6 Precursor crimes in Australia’s anti-terrorism legislation 83 Christopher Michaelsen PART III PRECURSOR COMMUNICATION CRIMES IN RELATION TO TERRORISM 7 The legitimacy of offences criminalising incitement to terrorist acts: a European perspective 99 Anneke Petzsche 8 Twitter after Charlie Hebdo and the Paris Bataclan attacks: identifying and measuring the different types of violent speech on the internet 113 Fernando Miró-Llinares 9 Spanish writing on the wall? Glorification of terrorism under Spanish law 127 Manuel Cancio Meliá 10 Terrorism as a hate crime? 143 Juan Alberto Díaz López PART IV EXPANSION OF PRECURSOR TERRORISM CRIMES: ORGANISATIONAL, EVIDENTIAL AND INTERNATIONAL 11 Agency costs avoidance through ‘leaderless resistance’ and the criminalization of visiting Internet sites: is the cure worse than the disease? 157 Íñigo Ortiz de Urbina Gimeno 12 ‘Jihadist lone wolves’: terrorists, murderers or believers? Back to an actor-based criminal law 170 Mariona Llobet Anglí 13 Intelligence expert evidence against terrorism in Spain 183 Gonzalo Boye Tuset 14 Precursor crimes of international terrorism 196 Ben Saul PART V PROCESS, PRACTICE AND PUNISHMENT 15 Police cooperation in counter-terrorism: limits and suitable partners 221 Saskia Maria Hufnagel 16 The accommodation of precursor crimes within extradition 240 Paul Arnell 17 Criminal process and precursor crimes of terrorism 254 Mark Topping and Mark Carroll 18 Legal experiments in the Spanish judicial fight against jihadist terrorism 269 Benet Salellas i Vilar 19 The ends of state punishment and terrorism 281 Daniel Rodríguez Horcajo 20 The relevance of mandatory minimum penalties: an introduction with reference to precursor crimes of terrorism in Spain 292 Gonzalo J. Basso 21 Penal policies and terrorist offenders in Spain: a matter of recidivism risk assessment or a matter of de-radicalisation? 304 Enara Garro Carrera 22 The sentencing of precursor terrorism crimes in the United Kingdom 316 Florence Lee and Clive Walker Select bibliography 335 Index

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Book SynopsisThis important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights.Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies.The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.Trade Review'The Research Handbook on Human Rights and Poverty is a timely and welcome addition to the growing literature on poverty, economic inequality and human rights. Coming at a propitious global moment, in the wake of a crushing pandemic that has reinforced and exacerbated the historical causes, impacts and patterns of poverty, this volume provides cogent and innovative insights into confronting poverty as a core human rights issue. An impressively interdisciplinary exploration by a collection of thoughtful and informed scholars and advocates who are well versed in the issues of poverty and human rights, the Handbook is a compelling and useful text for educators. Hopefully, it may also spawn commitments from policy makers and governments worldwide to confront the urgent need to eradicate poverty and inequality.' -- – Penelope Andrews, President, Law & Society Association (2019-2021); Professor of Law and Director, Racial Justice Project, New York Law SchoolTable of ContentsContents: Opening Note Michelle Bachelet Forward Philip Alston xix Introduction to the Research Handbook on Human Rights and Poverty xxv PART I DEFINITIONS, MEASUREMENTS AND STANDARDS 1 A human rights-based approach to measuring poverty 2 Olivier De Schutter 2 From stigma to rights: uncovering the hidden dimension of poverty 21 Magdalena Sepúlveda Carmona 3 Current perspectives on global poverty: rights, capabilities and social exclusion 37 Ayşe Buğra 4 Is economic inequality a violation of human rights? 53 Gillian MacNaughton 5 Poverty and political rights: an exercise of recovery from oblivion 69 Karolina Miriam Januszewski and Manfred Nowak 6 Human rights and poverty reduction: what are the linkages? 88 Hans-Otto Sano PART II CROSS-CURRENTS A. POVERTY, HUMAN RIGHTS, AND IDENTITY 7 Breaking the link between poverty and disability: re-purposing human rights in the 21st century 106 Gerard Quinn 8 Poverty, older persons and human rights 125 Andrew Byrnes 9 Child impoverishment and the human rights of children 141 Wouter Vandenhole 10 Capping motherhood 156 Meghan Campbell 11 The price that is paid: violence and discrimination based on sexual orientation and gender identity and poverty 171 Victor Madrigal-Borloz 12 Assessing racialized poverty: the case of Romani people in the European Union 192 Margareta Matache and Simona Barbu 13 Rights, racism, and poverty: failures of the global commitment to leave no one behind 211 Gay McDougall B. POVERTY AND HUMAN RIGHTS, INTERSECTING WITH GEOGRAPHY AND PLACE 14 Immigration, poverty and human rights 230 Tally Kritzman-Amir 15 Human rights and a-legality: destitution of persons seeking asylum in the EU 247 Eleni Karageorgiou 16 Seeing human rights like a city: the prospects and perils of the ‘urban turn’ 264 Natalia Ángel-Cabo and Luisa Sotomayor 17 The role of local authorities in addressing poverty and implementing human rights norms 279 Moritz Baumgärtel 18 Addressing poverty at its base: the housing and land rights approach 295 Miloon Kothari 19 The land rights-poverty nexus 310 Alfred Lahai Gbabai Brownell Sr. 20 Indigenous Peoples’ land rights: a culturally sensitive strategy for poverty eradication and sustainable development 324 Alejandro Fuentes C. POVERTY, HUMAN RIGHTS AND PARTICIPATION 21 Human rights, poverty and mobilizations 339 Domingo A. Lovera-Parmo 22 Advancing human rights through legal empowerment of the disadvantaged 355 Lisa Hilbink and Valentina Salas PART III MECHANISMS AND POLICIES 23 A human rights critique of contemporary social policy paradigms: new behaviourism, social investment and new universalism 371 Volkan Yilmaz 24 The human right to housing in the age of financialization 386 Leilani Farha and Kaitlin Schwan 25 The right to health for people living in poverty: a human rights perspective 402 Mette Hartlev 26 Human rights and abortion access for people living in poverty: implications for the United States and globally 417 Risa E. Kaufman and Diana Kasdan 27 What is wrong with the privatization of education as anti-poverty policy from a human rights perspective? 433 Antonio Barboza-Vergara and Esteban Hoyos-Ceballos 28 Poverty, labour law and human rights: a necessary connection 447 Lee Swepston and Constance Thomas 29 Minimum wage, poverty reduction and human rights in Cambodia: a case study 464 Sophal Chea 30 Fair taxes to end poverty 476 Åsa Gunnarsson PART IV STRUCTURAL BARRIERS 31 Climate change, human rights and poverty: intersections and challenges 491 Sumudu Atapattu 32 Corruption as a human rights violation 508 Khulekani Moyo 33 Conflict, poverty and human rights violations 523 Zafer Kizilkaya 34 Human rights, technology and poverty 537 Linnet Taylor and Hellen Mukiri-Smith 35 Beyond the state: holding international institutions and private entities accountable for poverty alleviation 552 Lucy Williams Index

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Book SynopsisUsing the metaphor of 'constitutional space', this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom. Contributors include: P.T. Babie, R. Barker, A.P. Bhanu, A. Deagon, C. Evans, J. Forrester, N. Foster, M. Fowler, J. Harrison, M. Hill, J. Neoh, E.U. Ochab, J. Patrick, C. Read, N.G. Rochow, V.-I. Savic, B.G. Scharffs, P. Taylor, P. XiongTrade Review'Freedom of Religion or Belief is an exceptional contribution to the important debate over the potential conflicts between the freedom of religion and belief and other important freedoms. The book does a beautiful job of balancing chapters that explore the nature and importance of religious freedom and those that address the problems that can arise when religious freedom conflicts with the rights of others. Significantly, the book as a whole shows that these conflicts can be navigated without destroying religious freedom or other important freedoms.' --Frank S. Ravitch, Michigan State University, US'In this book, an impressive international cast of scholars provides an informative look at the protections for religious freedom in a variety of legal systems worldwide, together with a probing consideration of contemporary challenges to this freedom. The book constitutes a valuable contribution to the global discussion of the ''first freedom''.' --Steven Smith, University of San Diego, USTable of ContentsContents: 1 Creating and conserving constitutional space 1 Paul T. Babie, Neville G. Rochow QC and Brett G. Scharffs PART I THE CONCEPT OF CONSTITUTIONAL SPACE AND FREEDOM OF RELIGION OR BELIEF 2 Religious freedom as an element of the human rights framework 20 Carolyn Evans and Cate Read 3 The problem and the promise of religious liberty 40 Joel Harrison 4 ‘A la carte’ spirituality and the future of freedom of religion 58 Jeremy Patrick 5 Towards a constitutional definition of religion: challenges and prospects 92 Alex Deagon 6 Freedom of religion without a bill of rights: Australia’s peculiar approach to tackling freedom of religion and other human rights issues 109 Renae Barker 7 The effect of s 116 of the Australian Constitution on the implied freedom of political communication 131 Joshua Forrester 8 Conceptualising reasonable accommodation 164 Brett G. Scharffs vi Freedom of religion or belief 9 Protection of religious freedom under Australia’s amended marriage law: constitutional and other issues 184 Neil Foster 10 Identifying faith-based entities for the purposes of antidiscrimination law 207 Mark Fowler PART II COMPARATIVE PERSPECTIVES 11 Reconciling democracy and human rights: implementing the expressive freedoms of the International Covenant on Civil and Political Rights in Australian law 232 Paul M. Taylor 12 It works better if it is not too secularised: the Croatian constitutional model for regulating state–church relations 260 Vanja-Ivan Savić 13 Locating freedom of religion within the qualified rights of the European Convention on Human Rights and in the jurisprudence of Strasbourg 283 Mark Hill QC 14 The Iraqi constitutional failure to protect the right to freedom of religion or belief 298 Ewelina U. Ochab 15 An assessment of the constitutional space for secularity and equality in India 319 Arvind P. Bhanu 16 The development trend concerning administration of religion and religious affairs in China 339 Ping Xiong 17 Apostasy and freedom of religion in Malaysia 363 Joshua Neoh Index 387

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction offers a succinct yet comprehensive introduction to the multidisciplinary field of children’s rights. Inspired by the dilemma of difference in the discussion of children’s rights, chapters explore the equal rights that children share with adults as well as their differentiated and special rights.Key Features: Accessible, conceptually-grounded exploration of the contemporary children's rights debates Inclusive and multifaceted overview of children’s rights within the human rights paradigm Forward looking perspectives and discussion of the future of children’s rights Approaching the topic of children’s rights firmly within the human rights paradigm, this Advanced Introduction will be a valuable companion for students and academics interested in children's rights, human rights and international law. Legal scholars and policy-makers looking to gain insight into key areas in children's rights will also find this book an interesting read.Trade Review‘This book provides a short yet comprehensive introduction to the field of children’s rights. Blending a legal approach with contextual and theoretical contributions from other disciplines—including sociological and anthropological sciences—it delivers an analysis that is both unique and easily relatable. This book successfully provides an insightful overview of the different rights held by children, while integrating multidisciplinary and critical insights into its examination. It thus makes an excellent entry point for readers wishing to familiarize themselves with this topic and/or to deepen their knowledge of the field of children’s rights.’ -- Lucie Margot Ducarre, International Journal of Law, Policy and the Family‘This Advanced Introduction to Children's Rights is thoroughly based on international human rights law, but it also offers a comprehensive view of the distinct approach of the Convention on the Rights of the Child. As such, it carefully delineates the equal, differentiated and special rights enumerated in the Convention. It will be an invaluable resource for general and specialised readers.’ -- Dinah Shelton, The George Washington University Law School, US‘This comprehensive and compelling overview of the nature and scope of States’ legal obligations towards children could not be more timely. Children continue to bear the brunt of some of the most devastating, sustained infringements of their rights as States grapple with the economic and political fallout of war, the climate crisis, mass displacement and a global pandemic. This book offers a crucial guide to the history and evolution of children’s rights law, and helps us navigate fundamental questions such as: how children and childhood are and should be defined; who bears ultimate responsibility for delivering on their rights; and the extent to which children’s rights should be prioritised over the rights of adults.’ -- Helen Stalford, University of Liverpool, UK‘Based on their extensive earlier work on children’s rights, Vandenhole and Erdem Türkelli provide a quick, yet authoritative and comprehensive, introduction to children’s rights. Their typology of children’s rights respectively as equal rights shared with adults, differentiated (and often enhanced) rights, and special (often protection) rights, works well for any reader and provides useful new insights.’ -- Karin Arts, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction to children’s rights 2. Origins and development of children’s rights law 3. Children’s rights law and non-legal approaches to children’s rights 4. Equal rights of children 5. Differentiated rights of children 6. Special rights of children 7. Future directions Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This Advanced Introduction offers a succinct yet comprehensive introduction to the multidisciplinary field of children’s rights. Inspired by the dilemma of difference in the discussion of children’s rights, chapters explore the equal rights that children share with adults as well as their differentiated and special rights.Key Features: Accessible, conceptually-grounded exploration of the contemporary children's rights debates Inclusive and multifaceted overview of children’s rights within the human rights paradigm Forward looking perspectives and discussion of the future of children’s rights Approaching the topic of children’s rights firmly within the human rights paradigm, this Advanced Introduction will be a valuable companion for students and academics interested in children's rights, human rights and international law. Legal scholars and policy-makers looking to gain insight into key areas in children's rights will also find this book an interesting read.Trade Review‘This book provides a short yet comprehensive introduction to the field of children’s rights. Blending a legal approach with contextual and theoretical contributions from other disciplines—including sociological and anthropological sciences—it delivers an analysis that is both unique and easily relatable. This book successfully provides an insightful overview of the different rights held by children, while integrating multidisciplinary and critical insights into its examination. It thus makes an excellent entry point for readers wishing to familiarize themselves with this topic and/or to deepen their knowledge of the field of children’s rights.’ -- Lucie Margot Ducarre, International Journal of Law, Policy and the Family‘This Advanced Introduction to Children's Rights is thoroughly based on international human rights law, but it also offers a comprehensive view of the distinct approach of the Convention on the Rights of the Child. As such, it carefully delineates the equal, differentiated and special rights enumerated in the Convention. It will be an invaluable resource for general and specialised readers.’ -- Dinah Shelton, The George Washington University Law School, US‘This comprehensive and compelling overview of the nature and scope of States’ legal obligations towards children could not be more timely. Children continue to bear the brunt of some of the most devastating, sustained infringements of their rights as States grapple with the economic and political fallout of war, the climate crisis, mass displacement and a global pandemic. This book offers a crucial guide to the history and evolution of children’s rights law, and helps us navigate fundamental questions such as: how children and childhood are and should be defined; who bears ultimate responsibility for delivering on their rights; and the extent to which children’s rights should be prioritised over the rights of adults.’ -- Helen Stalford, University of Liverpool, UK‘Based on their extensive earlier work on children’s rights, Vandenhole and Erdem Türkelli provide a quick, yet authoritative and comprehensive, introduction to children’s rights. Their typology of children’s rights respectively as equal rights shared with adults, differentiated (and often enhanced) rights, and special (often protection) rights, works well for any reader and provides useful new insights.’ -- Karin Arts, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction to children’s rights 2. Origins and development of children’s rights law 3. Children’s rights law and non-legal approaches to children’s rights 4. Equal rights of children 5. Differentiated rights of children 6. Special rights of children 7. Future directions Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us. Trade Review'This book offers a compelling introduction to human dignity, the organizing constitutional idea of the postwar era. Reaching beyond western religion, philosophy, and constitutional law, May and Daly expound an idea that is global in its reach and transformative in its ramifications. This book will be of interest to anyone seeking to understand what a legal order that lived up to the demands of human dignity might look like.' --Jacob Weinrib, Queen's University Faculty of Law, Canada'This book is a very complete contribution to the meaning of dignity seen as a universal value and right, with important insights on legal doctrine and policies all over the world. It demonstrates that, inherent to all of us, dignity implies that every single human being must always be treated as a person.' --Paul Cassia, University of Paris 1 Panthéon-Sorbonne, France'With this Advanced Introduction to Human Dignity and Law, Professors James R. May and Erin Daly deliver a global perspective on this ''very important idea''. A mine of legal materials gathered from around the world, this volume brings together essential knowledge on human dignity in a concise and engaging manner. Buzzing with energy, Professor May and Professor Daly's Advanced Introduction is a must read for all those promoting dignity rights, as well as all those curious about the great adventure of humanity and democracy.' --Catherine Dupré, University of Exeter, UKTable of ContentsContents: 1. A very brief overview of a very important idea 2. Dignity and Human Rights 3. An Emerging Overlapping Consensus on the Meaning of Dignity Under Law 4. The Value of A Life: Intrinsic Worth, Agency, and Autonomy 5. The Life of the Mind: Intellectual and Emotional Integrity 6. Living With Dignity 7. Towards a Democratic Theory of Dignity Index

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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

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Book SynopsisThe Elgar Encyclopedia of Human Rights is the most comprehensive reference work in the field of international human rights protection.Comprising over 340 entries, presented alphabetically, and available online and in print, the Encyclopedia addresses the full range of themes associated with the study and practice of human rights in the modern world. Topics range from substantive human rights to the relevant institutions, legal documents, conceptual and procedural issues of international law and a wide variety of thematic entries. The Encyclopedia has a distinct focus on international human rights law but at the same time is enriched by approaches from the broader social sciences, making it a truly unique and multi-disciplinary resource.The Encyclopedia boasts an incredibly diverse author team, featuring contributions from close to 300 scholars and practitioners from more than 65 countries, representing all regions of the world. Contributors include leading experts in their respective fields - among them current and former UN Special Rapporteurs and Independent Experts, renowned academics, judges of national, international and regional (human rights) courts, members of universal and regional human rights bodies, members of the International Law Commission, as well as legal advisors of foreign offices and international and non-governmental organizations.Key Features: Over 340 entries Entries organized alphabetically for ease of navigation Fully cross-referenced Entries written by practitioners and scholars from around the world World class editorial team

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Book SynopsisThis detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR). Key features include: discussion of the application of social rights in practice examination of the implementation of the RESC in national law a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination. Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists. Trade Review‘The book has the objective to reach “legal and other practitioners, including lawyers, policymakers, academics and human rights activists” (p. xxxll). In my view, due to its concise nature, its accessible language and its informative character, it has reached that objective. The accessibility has in fact been taken a step further by the fact that the book is being offered in open access on the website of the publisher.’ -- Filip Dorssemont Louvain, Common Market Law Review‘The book achieves its aim as phrased in the introductory chapter, which is to contribute to a more comprehensive understanding of the social rights in Europe by state authorities and other human rights contributors, and to bridge the gap between the lack of research on the ESC and the need to enhance the enforcement of social rights. Through its compact format, the book is appropriate for a broad range of professionals working in the field of social rights, not only legal practitioners but also policymakers and officials of state authorities, civil society, and academics.’ -- Effrosyni Bakirtzi, European Journal of Social Security'In recent years, the European Social Charter has become a living instrument of European constitutional law, thanks to the practice of its Committee of Social Rights. This book offers the most complete study to date of the developing law of the Social Charter. Its author, Karin Lukas, is both a recognized scholar of social rights and a member of the Committee during these crucial recent years. She was the right person to produce this study.' -- Bruno De Witte, Maastricht University, the Netherlands and European University Institute Florence, Italy'The European Social Charter is the oldest and most comprehensive social rights treaty instrument in existence. It has generated ground-breaking human rights jurisprudence, but remains little known. Karin Lukas has produced an expert, accessible and comprehensive guide to the Charter, filling a major gap in the human rights literature.' -- Colm O'Cinneide, University College London, UK'We have before us a systematic review of the Council of Europe's Revised Social Charter and its case law. It could hardly have come at a more important moment. Having in place robust social rights protection has shown itself to be paramount in conditions of pandemic, as many like Dr Lukas knew it would be, and will be key to any just recovery. In providing a concise and careful account of the drafting history of the Revised Social Charter and its interpretation to date, Dr Lukas has put her detailed knowledge as President of the European Committee of Social Rights at the service of everyone who wants to understand the role and possibility of social rights in Europe.' -- Margot Salomon, London School of Economics, UKTable of ContentsContents: Foreword by Manfred Nowak Foreword by Giuseppe Palmisano Introduction PART I GENERAL ISSUES REGARDING THE EUROPEAN SOCIAL CHARTER 1. The European Social Charter its history, application, procedures and impact 2. Methodology of the Commentary PART II SUBSTANTIVE PROVISIONS OF THE REVISED EUROPEAN SOCIAL CHARTER Article 1 The right to work Article 2 The right to just conditions of work Article 3 The right to safe and healthy working conditions Article 4 The right to a fair remuneration Article 5 The right to organise Article 6 The right to bargain collectively Article 7 The right of children and young persons to protection Article 8 The right of employed women to protection of maternity Article 9 The right to vocational guidance Article 10 The right to vocational training Article 11 The right to protection of health Article 12 The right to social security Article 13 The right to social and medical assistance Article 14 The right to benefit from social welfare services Article 15 The right of persons with disabilities to independence, social integration and participation in the life of the community Article 16 The right of the family to social, legal and economic protection Article 17 The right of children and young persons to social, legal and economic protection Article 18 The right to engage in a gainful occupation in the territory of other Parties Article 19 The right of migrant workers and their families to protection and assistance Article 20 The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex Article 21 The right to information and consultation Article 22 The right to take part in the determination and improvement of the workingconditions and working environment Article 23 The right of elderly persons to social, legal and economic protection Article 24 The right to protection in cases of termination of employment Article 25 The right of workers to the protection of their claims in the event of the insolvency of their employer Article 26 The right to dignity at work Article 27 The right of workers with family responsibilities to equal opportunities and equal treatment Article 28 The right of workers’ representatives to protection in the undertaking and facilities to be accorded to them Article 29 The right to information and consultation in collective redundancy procedures Article 30 The right to protection against poverty and social exclusion Article 31 The right to housing PART III SELECTED PROCEDURAL PROVISIONS OF THE REVISED EUROPEAN SOCIAL CHARTER Article E Non-discrimination Article G Restrictions Bibliography Index 377

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Book SynopsisFocusing on contemporary debates in philosophy and legal theory, this ground-breaking book provides a compelling enquiry into the nature of human dignity. The author not only illustrates that dignity is a concept that can extend our understanding of our environmental impacts and duties, but also highlights how our reliance on and relatedness to the environment further extends and enhances our understanding of dignity itself. Against the background of current global threats to the realisation of rights, including severe environmental degradation and depleted reserves of essential natural resources, this innovative book considers whether dignity has any role to play in addressing these new problems, as well as in securing environmental rights and greater environmental care. The author provides an astute examination of important developments in human and environmental rights across a range of jurisdictions and levels, and considers whether human dignity should play a more central role in judicial considerations regarding environmental rights and environmental threats to human rights. Eminently engaging, this forward-thinking book will prove a critical read for legal academics and scholars with an interest in human dignity and environmental rights, as well as judicial reasoning and legal philosophy more widely. Its practical presentation of recent developments will also be of great importance to practitioners and policy-makers working in human rights and environmental law.Trade Review'Dina Townsend's extraordinary book catches us constantly by surprise: can pragmatism help us rethink the connection between human dignity and environmental protection? Can human dignity be also posthuman? Do the definitions of dignity found in history, in courts of law, and on the field converge? Townsend's findings are nuanced, astonishingly well-argued, and consistently convincing. The work effortlessly flits through issues of temporality, universalism, identity, indigenous jurisprudence amongst others, applying Townsend's erudite contrapuntal method and finally leading to a soaring possibility for rethinking dignity as a major instrument of environmental protection.' --Andreas Philippopoulos-Mihalopoulos, University of Westminster, UK'By drawing attention to the environmental dimension of human dignity, Dina Townsend uncovers an account of humanness that erodes the distinction between human and environmental interests. This book is an invaluable read for everyone - but in particular legal scholars and practitioners, law-makers and judges - interested in a deep legal analysis of the fundamental link between human rights and the environment.' --Christina Voigt, Professor, University of Oslo, Department of Public and International Law, Norway'For too long, human rights and environmental advocacy have lived in separate camps. But as climate change and environmental degradation threaten to dramatically alter the lives we lead, new ways of thinking about human rights and human lives need to be developed to meet current challenges. Dina Townsend's book does just that: she provides a new theoretical approach to human dignity that recognizes the integral place of the natural environment in the human experience, and from there, she demonstrates how environmental dignity can and must be integrated into modern human rights practices. This is essential reading for anyone seeking to understand the next generation of human rights advocacy.' --Erin Daly, Widener University, Delaware Law School, USTable of ContentsContents: 1. Introduction 2. A History Of Dignity 3. The Nature Of Human Dignity In The Judicial Reasoning Of Courts 4. Environmentally Constituted Humanness – Using Dignity To Redefine ‘Humanness’ In Human Rights Law 5. Dignity And Identity – Using Dignity To Defend Claims To An Environmental Identity 6. Dignity And Our Environmental Obligations To Future Generations 7. Conclusion Index

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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

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Book SynopsisInternational human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state.Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe and the Middle East, and how the state works in ways which respect the ethics and values of human rights law.Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.Trade Review‘Shall politics follow the law, or shall the law follow politics? This Research Handbook, edited and written by some of the world’s leading scholars of law, political science and other disciplines, provides an excellent analysis of the interdependence of law and politics in the field of human rights. International human rights treaties are drafted and adopted by diplomats and politicians and are implemented in a highly politicized process. Nevertheless, international human rights law develops an independent meaning that strongly impacts politics.’ -- Manfred Nowak, Professor of Human Rights, Vienna and Secretary General of the Global Campus of Human Rights‘This impressive book is indispensable for anyone who wants to understand how politics are impacting and permeating human rights performances and how human rights is shaping and structuring politics. The insightful volume contributes to the understanding of the immense pressures human rights are under from perspectives of governance, distributive justice and also in international relations. Apart from offering deep analysis, each chapter contributes outlooks for the future.’ -- Morten Kjaerum, Raoul Wallenberg Institute, SwedenTable of ContentsContents: Introductory essay: the politics of international human rights law 1 Bård A. Andreassen PART I GOVERNANCE AND INSTITUTIONS 1 The closing and resilience of civic space from a human rights perspective: scope, causes, responses 29 Antoine Buyse 2 Governance and human rights: African challenges 47 Göran Hydén 3 Writing political histories of international human rights law 61 Steven L. B. Jensen 4 Power and civic action: mobilisation for human rights in developing societies 79 Gordon Crawford 5 Freedom of peaceful assembly and of association – practices and obstacles 99 Maina Kiai and Waruguru Kaguongo 6 The role of national human rights systems in the implementation of international human rights law 115 Domenico Zipoli 7 The relevance of governance and multi-level governance to the study of human rights: insights from business and human rights 145 Claire Methven O’Brien 8 The politics of torture: legal, social and political dynamics 166 Nora Sveaass 9 Rooting rights in local spaces? Transformations in gender relations and citizen engagement 194 Celestine Nyamu Musembi PART II DISTRIBUTIVE JUSTICE AND PUBLIC POLICIES 10 The SDG agenda and human rights 215 Markus Kaltenborn and Wouter Vandenhole 11 Poverty and civil and political rights 236 Philip Alston 12 Politics of resources allocation: tax, expenditure and inequality in the human rights supervisory bodies 255 Hans-Otto Sano and Carlos Villalobos PART III INTERNATIONAL POLITICS 13 Globalization and human rights 280 Siddiqur R. Osmani 14 The influence of politics on the work of the UN human rights treaty bodies 310 Gentian Zyberi and Ibrahim Salama 15 International human rights law, politics and international financial institutions: the case of the World Bank 338 Siobhán McInerney-Lankford 16 The African human rights system: a critical appraisal 364 Victor Oluwasina Ayeni 17 The quest for an (effective) Southeast Asian human right system 389 Sriprapha Petcharamesree 18 The EU human rights regime: development, actors, policy framework and effectiveness 409 Gabriel N. Toggenburg 19 Citizenship and international human rights law – enduring enigma of the Middle East 440 Nils A. Butenschøn 20 The politics of international human rights and development aid 458 Arne Tostensen Index

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Book SynopsisThis thought-provoking book critically analyses how the implementation of the EU-Turkey Statement on Refugees affects the rights of refugees and asylum seekers. Bringing together an in-depth examination of both EU and Turkish law and fieldwork data within a theoretical human rights framework, Hülya Kaya discusses the operational realities and failures of the agreement between Turkey and the EU from a socio-legal perspective. This timely book provides important evidence that refugee protection in the region of origin is not an effective solution to the refugee protection crisis, and casts doubt on the capacity of the agreement to contribute to fair burden sharing between states. Kaya illuminates the practical and legal difficulties that refugees experience, and draws upon the political theory of Hannah Arendt to argue that the situation constitutes a further form of violence against refugees by hindering their ability to claim and exercise their fundamental human rights. Scholars and doctoral students specialising in refugee law and migration studies, as well as human rights lawyers, will find this book to be crucial reading. It will also be of interest to human rights advocates and those working in international organisations and NGOs in this area, alongside policy makers in the EU and Turkey. Trade Review'From 2015, substantially more refugees began arriving in the EU, mainly from Turkey, triggering a policy crisis regarding their reception and integration. This book meticulously examines the EU's choice of action and effective agreement with the Turkish authorities, the so-called EU-Turkey Statement. The controversy, both legal and humanitarian, which this deal sparked in the EU and Turkey is brilliantly set out, beginning with the legal frameworks relevant to the issue. This is mandatory reading for those interested in regional refugee protection regimes.' --Elspeth Guild, Queen Mary University of London, UKTable of ContentsContents: 1. Introduction 2. Violations of the Principle of Non-Refoulement and The Right to Seek Asylum Under Readmission Agreements 3. The EU-Turkey Statement: A Challenge To Human Rights? 4. Turkish Asylum Law Analysis: Turkey’s Delivery of Human Rights Obligations After The EU-Turkey Statement 5. Fieldwork Findings: The Impact of The EU-Turkey Statement on The Civil And Political Rights of Refugees 6. Fieldwork Findings: The Impact of The EU-Turkey Statement On The Socio-Economic Rights of Refugees 7. Conclusions Index

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Book SynopsisThis timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.Contextualizing human rights goals, structures and challenges in the immediate post-UDHR era, key chapters analyse the role that national security has played in driving competition between individual rights and rhetoric-laden, democracy-reinforcing approaches to collective rights of security. Internationally diverse authors offer evocative insights into the ways in which law is used to manipulate both intra and interstate relationships, and demonstrate the constant tensions raised by a human rights system that is fundamentally state-centric though defined by individuals' needs and demands. Acknowledging the challenges in contemporary human rights practice, policy and discourse as features of transitional eras in human rights, this forward-thinking book identifies opportunities to correct past inadequacies and promote a stronger system for the future.This is a hard-hitting and much needed study for students and scholars of human rights, security law, constitutional law and international relations more widely. Its practical dimensions will also greatly benefit practitioners in the field.Trade Review'The current Covid-19 pandemic, which resulted in unprecedented human rights restrictions around the globe, provides an excellent opportunity to reflect on the role of "human rights in times of transition". After a period of polarization during the Cold War, a short window of opportunity during the 1990s, the national security challenges after 9/11, and recent threats by nationalism, populism, new authoritarianism and the current public health crisis, it is high time to discuss the need for a revival of human rights to master the enormous challenges of the post-Covid-19 era.' -- Manfred Nowak, Secretary General of the Global Campus of Human RightsTable of ContentsContents: 1 Human rights, liberal democracies and challenges of national security 1 Kasey McCall-Smith, Andrea Birdsall and Elisenda Casanas Adam PART I HUMAN RIGHTS TRANSITIONS – THEORETICAL DEBATES AND DOCTRINAL CHALLENGES 2 Key challenges to human rights in democracies at a time of transition: Where to now? 16 Francesca Klug 3 The forgotten principle of fraternité : Re-interpreting the last three articles of the Universal Declaration of Human Rights 41 Yota Negishi 4 Human rights protection and state capacity: The doctrinal implications of the statist character of international human rights law 64 Mátyás Bódig PART II CO-OPTION AND EJECTION OF HUMAN RIGHTS IN LIBERAL DEMOCRACIES 5 US counterterrorism and the denial of fundamental rights from torture to fair trial 90 Kasey McCall-Smith 6 Counterterrorism and challenges to human rights: Justifying drones and targeted killing as acts of self-defence 116 Andrea Birdsall 7 The alleged backlash against human rights: Evidence from Denmark and the UK 139 Jacques Hartmann and Samuel White PART III HUMAN RIGHTS AND NATIONAL SECURITY CHALLENGES BEYOND THE STATE 8 Surveillance measures and the exception of national security in the case law of the European Court of Human Rights 165 Pierre Notermans 9 Constructing a right to counterterrorism: Law, politics and the Security Council 189 Vivek Bhatt 10 Non-state actors that aspire to be states: White spots on the international human rights protection map? 216 Linda Hamid 11 Reflections on human rights and contemporary challenges raised by national security discourse 242 Kasey McCall-Smith, Andrea Birdsall and Elisenda Casanas Adam Index 255

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Book SynopsisThis insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars.This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.Trade Review‘This book is a must-read for both academics and practitioners who engage with the application of fundamental rights in the interaction between the national and European level. Casarosa and Moraru have brought together a diverse group of esteemed authors, who provide new and inspiring insights into the application of the EU Charter of Fundamental Rights in the interplay between national courts and the CJEU. Offering both general and sector-specific views, the book contributes to a more profound understanding of the many ways in which European fundamental rights have influenced the adjudication of a variety of issues (including migration, consumer and non-discrimination cases) through the interaction of judges in Europe. It presents a colourful map of the current state of the field and starting points for the further development of fundamental rights protection in Europe.’ -- Chantal Mak, University of Amsterdam, the Netherlands‘The book edited by Casarosa and Moraru goes back to a larger research of the Centre of Judicial Cooperation at the EUI which brought together judges and academics in order to discuss and to investigate judicial interaction in the field of fundamental rights. The 26 contributions from all over the EU provide for a deep insight into the practical relevance of the Charter of Fundamental Rights over a broad array of legal fields. The particular background and the composition of the research group draws a lively picture on what is happening between European and national courts. The depth and breadth of the undertaking allows to much better understand the variety and the complexity of the interaction between European courts. It adds a new layer to the broad literature and is both tremendously helpful and deeply insightful for academics and practitioners.’ -- Hans-Wolfgang Micklitz, European University Institute, ItalyTable of ContentsContents: Foreword by Deirdre Curtin xii Acknowledgements xvi 1 Judicial interactions in action – a tool for a more powerful and influential EU Charter of Fundamental Rights 1 Federica Casarosa and Madalina Moraru PART I HORIZONTAL ISSUES 2 The application of the rights and principles of the Charter of Fundamental Rights 24 Nina Półtorak 3 Comment: the Charter and its triple challenge: unclear applicability, a foggy distinction between rights and principles and a lack of engagement at the national level 54 Gabriel Toggenburg 4 European values and national constitutions: bringing the EU Charter in from uncharted waters 60 Saša Zagorc and Marjan Kos 5 Comment: the standard of fundamental rights protection according to the EU Charter: what is the role of national standards (and courts)? 81 Nicole Lazzerini 6 The potential and the limits of the impact of the Charter on constitutional jurisprudence 89 Matej Accetto 7 Comment: can the Charter help to protect rights in the Member States? 108 Gábor Halmai 8 Judicial independence – the EU’s prescription in the making to the Polish (and other) maladies 113 Karolina Podstawa and Jarosław Gwizdak 9 Comment: Austro-Hungarian partnership? A brief comparison between an old democracy and a new democracy 137 Edith Zeller 10 Limitations to access to justice and Article 47 of the Charter: the right to be advised, defended and represented 147 Magdalena Ličková and Joan Solanes Mullor 11 Comment: the EU law on the right to access a lawyer revisited: proportionality and subsidiarity implications 166 Alexandros-Ioannis Kargopoulos 12 The Lisbon Charter and the Brexit void 173 Bernard McCloskey 13 Comment: Brexit and the diverse functions of the Charter of Fundamental Rights 198 Stephen Coutts PART II SECTOR SPECIFIC ISSUES 14 The Charter’s potential in fighting hate and discrimination: levelling up to international obligations through victim’s rights 206 Rita Gião Hanek and Lilla Farkas 15 Comment: under Article 21 EU Charter the CJEU has, for the time being, adopted a rather deferential model of judicial review 231 Raluca Bercea 16 Effectiveness and EU consumer law: the blurriness in judicial dialogue 236 Mateusz Grochowski and Maciej Taborowski 17 Comment: effectiveness in EU consumer law: towards new triads 258 Paola Iamiceli 18 Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants: the symbiotic protection of the EU Charter and general principles of EU law 264 Madalina Moraru and Marc Clement 19 Comment: the right to be heard in international protection proceedings before an Italian judge 289 Martina Flamini PART III REMEDIES AND SANCTIONS 20 Ne bis in idem – a continuing judicial dialogue 296 Maria Bergström and Hans Sundberg 21 Comment: objective and subjective ne bis in idem– the AY case 319 Florentino-Gregorio Ruiz Yamuza 22 The impact of judicial interactions on the interplay between administrative and judicial enforcement 325 Federica Casarosa and Raffaele Sabato 23 Comment: checks and balances between the administration, the executive and the judiciary 347 Markus Thoma 24 The effective protection of collective interests: the interplay between jurisprudence and legislation 353 Federica Casarosa and Raffaella Calò 25 Comment: collective redress and antitrust law 373 Lavinia Vizzoni 26 The impact of CJEU judgments on national legal systems: preliminary thoughts on the link with judicial dialogue 379 Fabrizio Cafaggi Index

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Book SynopsisThis thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace.Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State.This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond.Trade Review‘Cecilia Bailliet’s book is an insightful view on the relationship between peace, as the core value of international law, and regional human rights law in Latin America. Her meticulous analysis of legal doctrine, international norms, history, and current human rights challenges, coupled with first-hand knowledge of the Inter-American Court of Human Rights, brings to light new understandings of how the Court articulates regional norms and principles on peace and human dignity. Anyone interested in Latin American human rights law should read Bailliet’s work.’ -- Jorge Contesse, Rutgers Law School, USTable of ContentsContents: 1. Introduction to the construction of the customary law of peace 2. The evolution of the Inter-American law of peace: treaties and custom 3. Constitutional approaches to peace within Latin America 4. Towards constitutional positive peace 5. The contribution of the Inter-American Court of Human Rights to positive peace – perspectives from the judges 6. The responsive court and promotion of positive peace – upholding equality and non-discrimination – justiciability and compliance challenges 7. Towards a sustainable gendered peace: the battle for hearts and minds within the Inter-American Court of Human Rights 8. Conclusion: reflections on the construction of a pro homine customary peace Index

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Book SynopsisBuilding upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance.Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.Trade Review‘This Handbook offers innovative and multi-disciplinary perspectives on one of the thorniest problems in the field of human rights. Theoretically sophisticated and empirically rich contributions from leading human rights experts and practitioners advance our understanding of the factors, and actors, that shape the processes and outcomes of human rights implementation.’ -- Par Engstrom, University College London, UKTable of ContentsContents: 1 Introduction to the Research Handbook on Implementation of Human Rights in Practice 1 Rachel Murray and Debra Long PART I RETHINKING IMPLEMENTATION AND METHODOLOGICAL EXPLANATIONS 2 Implementation and compliance 17 Andreas von Staden 3 Reparations in human rights law 36 Dinah Shelton 4 Unveiling hidden variations: contemporary trends in compliance with international human rights institutions 59 Jillienne Haglund and Courtney Hillebrecht 5 Implementation of human rights decisions in the African human rights system 79 Gaye Sowe and Eric Bizimana 6 Compliance and compensation: money as a currency of human rights 98 Veronika Fikfak PART II ACTORS 7 Implementers or facilitators of implementation? Governmental human rights focal points’ complex role in enhancing human rights compliance at the national level 119 Sébastien Lorion and Stéphanie Lagoutte 8 The role of parliaments in implementing decisions and recommendations from supranational human rights bodies 140 Brian Chang and Murray Hunt 9 Domestic gatekeepers or international enforcers? National courts’ engagement with decisions of international human rights courts and treaty bodies 163 Jasper Krommendijk 10 The global human rights ‘implementation agenda’ and the genesis of NMIRFs 187 Marc Limon 11 The reformation of implementation of human rights by the UN treaty body system 211 Malcolm D. Evans PART III TOOLS TO FACILITATE IMPLEMENTATION 12 A vibrant interplay: tools and systems for monitoring human rights implementation 235 Christian M. De Vos and Ashrakat Mohammed 13 The role of negotiations and diplomacy in encouraging State implementation of human rights 256 Kriangsak Kittichaisaree 14 Compliance hearings before the Inter-American Court of Human Rights: unleashing the dynamics of implementation 274 Edward Pérez and Clara Sandoval 15 Prevention, intervention and care management: case studies of vulnerable populations in South Africa 292 Lillian Artz and Leon Holtzhausen 16 Human rights indicators and implementation 310 Todd Landman and Katarina Schwarz 17 The use of IT for compliance with supranational bodies 328 Jonas Grimheden Index

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Book SynopsisIn a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights.An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression.This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jørgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. ZalnieriuteTable of ContentsContents: Part I Conceptual Approaches to Human Rights and Digital Technology 1. Human Rights Futures for the Internet M.I. Franklin 2. There Are No Rights ‘in’ Cyberspace Mark Graham 3. Beyond national security, the emergence of a digital reason of state(s) led by transnational Guilds of Sensitive Information. The case of the Five Eyes Plus Network Didier Bigo 4. Digital Copyright and Human Rights: Balancing of Competing Obligations, or Is There No Conflict? Benjamin Farrand Part II Security and Human Rights: Between Cybersecurity and Cybercrime 5. Cybersecurity and Human Rights Myriam Dunn Cavelty and Camino Kavanagh 6. Cybercrime, Human Rights and Digital Politics Dominik Brodowski 7. “This is Not a Drill”: International Law and Protection of Cybersecurity Mathias C. Kettemann 8. First Do No Harm: The Potential of Harm Caused to Fundamental Rights and Freedoms by State Cybersecurity interventions Douwe Korff Part III Internet Access and Surveillance: Assessing Human Rights in Practice 9. Access to the Internet in the EU: a Policy Priority, a Fundamental, a Human Right, or a Concern of eGovernment? Lina Jasmontaite and Paul de Hert 10. Reflections on Access to Internet in Cuba as a Human Right Raudiel F. Peña Barrios 11. Surveillance Reform: Revealing Surveillance Harm and Engaging Reform Tactics Evan Light and Jonathan A. Obar 12. Germany’s Recent Intelligence Reform revisited: A Wolf in Sheep’s clothing? Thorsten Wetzling Part IV Automation, Trade and Freedom of Expression: Embedding Rights in Technology Governance 13. Liability and Automation in Socio-Technical Systems Giuseppe Contissa and Giovanni Sartor 14. Who pays? - On Artificial Agents, Human Rights and Tort Law Tim Engelhardt 15. Digital Technologies, Human Rights and Global Trade? Expanding export controls of surveillance technologies in Europe, China and India Ben Wagner and Stéphanie Horth 16. Policing ‘online-radicalization’: The framing of Europol’s Internet Referral Unit Kilian Vieth Part V Actors’ Perspectives on Human Rights: How Can Change Happen? 17. When Private Actors Govern Human Rights Rikke Frank Jørgensen 18. International Organizations and Digital Human Rights Wolfgang Benedek 19. Recognizing Children’s Rights in Relation to Digital Technologies: Challenges of Voice and Evidence, Principle and Practice Amanda Third, Sonia Livingstone and Gerison Lansdown 20. Digital Rights of LGBTI Communities: A Roadmap for a Dual Human Rights Framework Monika Zalnieriute Index

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Book SynopsisHuman rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas.Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities.With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape.Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. StohlTrade Review‘This book will definitely serve as a good supplementary text for human rights courses and handy reference for seasoned practitioners and advocates.’ -- Kai-Chung Lo, Johnson Chun-Sing Cheung, Human Rights Review‘Contesting Human Rights is a provocative collection of essays by some of the world’s leading human rights scholars that will challenge the reader to re-think both the successes and the failures of the human rights revolution.’ -- Mark Gibney, University of North Carolina, Asheville, USTable of ContentsContents: 1. Introduction: Contesting Human Rights: Pathways of Change Alison Brysk PART I PATHWAYS 2. Building Momentum: Changes in Advocacy Discourse Around Early Child Marriage, 2011-2017 Amanda Murdie, Baekkwan Park, Jaqueline Hart and Margo Mullinex 3. Tensions in Rights: Navigating Emerging Contradictions in the Emerging LGBT Rights Revolution Phillip M. Ayoub 4. Better Late Than Never? The Evolving Responsibility of Internatioal Organizations George Andreopoulous PART II REGIME DEVELOPMENT 5. A Horizontal Pathway to Impact? An Assessment of the Universal Periodic Review at 10 Pilar Elizalde 6. The Trans-Regional Construction of Human Rights Wayne Sandholtz, Adam Feldman 7. The Effectiveness of an Emerging Pathway of Rights: The Constitutionalization of Human Rights Law Stephen Meili 8. Human Rights Cities: Making the Global Local Michael Goodhart PART III CONTRACTIONS AND LIMITATIONS 9. Advocacy and Accountability in the Age of Backlash: NGOs and Regional Courts Courtney Hillebrecht 10.What Went Wrong: Backlash and Contradictions in Central and Eastern Europe Patrice C. McMahon 11. Emerging Contradictions in US Human Rights Policy: The Trump Agenda The Trump Agenda Clair Apodaca 12. It Was The Best of Times, It Was The Worst of Times: Conclusions on Contesting Human Rights Michael Stohl Index

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Book SynopsisThis unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory.This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.Trade Review'Yahyaoui Krivenko's compelling analysis reveals just how structurally embedded international human rights law's (mis)understanding of gender, as male/female duality and biological fact, is. This not only restricts law's capacity to fully comprehend how gender hierarchies impact on the enjoyment of human rights, but also implicates human rights law itself in perpetuating gendered harms. Yahyaoui Krivenko's call for disrupting this damaging gender script, and the openings she identifies as places to start, present a challenge to us all.' -- Dianne Otto, The University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction 2. Gender and its complexities 3. Human rights and gender: the first stage 4. Feminist approaches, gay and lesbian studies, queer theory: their engagement with gender and human rights 5. Human rights and gender: the second stage 6. Successes and challenges: right to be free from violence 7. Successes and challenges: culture and human rights 8. Successes and challenges: family and human rights 9. General conclusions Index

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Book SynopsisThis forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region. Taking a deep dive into the health care systems of Brazil and Colombia, Local Maladies, Global Remedies illustrates how transnational pharmaceutical companies are influencing the litigation of health rights, from moulding doctors’ preferences for branded drugs to controlling the availability of cheaper generics and bio-similars. The book deploys a wide range of theoretical perspectives and insights from socio-legal literature to map out the practices of stakeholders that are reclaiming the right to health in Latin America. Its concluding remarks propose a set of remedies to help alleviate the challenges faced by global South countries when trying to guarantee their population’s right to health, ultimately calling for a major shift of decision-making responsibilities from a local to a global level. The wide-ranging, interdisciplinary scope of this cutting-edge book will benefit scholars, practitioners, policymakers, and students operating at the intersections between socio-legal studies, sociology, health anthropology, public health, globalisation, and human rights.Trade Review‘Everaldo Lamprea’s book Local Maladies, Global Remedies: Reclaiming the Right to Health in Latin America is an important and insightful contribution to the literature on the right to health. The book documents the background to the crisis caused by the pharmaceutization of the right to health in Colombia and Brazil and the resulting litigation epidemics in those countries. Significantly the book shows the limitations of an individualized approach to the right to health and to make the right to health more appropriate in the pandemic context calls for supplementing the conceptualization of the right to health with a polycentric regime or responsibilities incorporating a wide array of interconnected stakeholders and mediating institutions.’ -- Audrey R. Chapman, University of Connecticut, US‘The book Local Maladies, Global Remedies: Reclaiming the Right to Health in Latin America by Everaldo Lamprea-Montealegre presents a fascinating analysis of the current problems and paradoxes regarding right to health access in the global South. The sophisticated framework proposed to interpret these problems and paradoxes (what the author calls the political economy of the right to health) meticulously unpacks an array of actors and interests present in right to health cases, particularly in the cases of Colombia and Brazil. As such, it provides a crucial contribution for policy makers, researchers, and public health academics.’ -- Helena Alviar García, Sciences Po École de droit, FranceTable of ContentsContents: The right to health in action: an introduction PART I THE TRANSFORMATIONS OF THE RIGHT TO HEALTH 1. The elusive search for the minimum core of the right to health 2. The political economy of the right to health: a terrain for contestation 3. The judicialization of health care in the Global South PART II LOCAL MALADIES: THE EPIDEMIC OF THE RIGHT TO HEALTH IN BRAZIL AND COLOMBIA 4. Health system reform and the rise of litigiousness in Brazil and Colombia 5. The HIV/AIDS pandemic and the plight of vulnerable patients: understanding the first wave of litigiousness in Brazil and Colombia (1990–2000) 6. Riding a second wave (2000–2020): the downstream approach and the rise of “high-cost patients” 7. A case study of patients’ organizations: between good causes and hidden clients 8. Stopping a litigation epidemic: lessons from Colombia and Brazil’s highest courts The promise of the right to health, and why we have to keep it: closing reflections Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful Advanced Introduction provides a kaleidoscopic overview of key US civil liberties, including freedom of speech, press, assembly, and religion, limitations on search and seizure, due process in criminal proceedings, autonomy rights, rights of equality, and democratic participation. Key Features: Discusses the historical development and current status of core civil liberties Examines the tension between libertarian and egalitarian views of civil liberties Promotes further understanding of the role of the US Supreme Court and other actors in setting levels of protection for civil liberties Provides an overview of common themes in development and interpretation of constitutionally protected civil liberties in multiple areas, including abortion Featuring examples of how key civil liberties have been shaped by historical, legal, and philosophical forces, this Advanced Introduction will be essential reading for students and scholars in American studies, history, human rights, law and politics, and political science.Trade Review‘Professor Susan Herman has written a brilliant description of civil liberties in the United States. With remarkable clarity, she explains complicated legal concepts, tracing the history of civil rights in the United States and discussing important current issues. This book will be an invaluable resource for experts and non-experts alike, and will be enormously helpful to students, as well as lawyers, judges, and everyone interested in learning more about civil liberties.’ -- Erwin Chemerinsky, University of California, Berkeley, US‘This authoritative text is essential reading for students and practitioners of constitutional law. The author's direct experience, as President of the ACLU, adds invaluable depth and insight in confronting continuing and new constitutional challenges.’ -- Professor Emerita Geraldine Van Bueren KC, British Institute of International and Comparative Law, UK‘At a moment when rights are under threat, Herman sets out to clearly define the evolution and parameters of civil rights, civil liberties and human rights in the United States. In doing so, she does not shirk from the dark moments of US constitutional history, or from addressing how the peculiarly American approach to freedom of speech continues to present controversies around extremist speech, campus protests and campaign finance.’ -- Liam Herrick, Irish Council for Civil Liberties, Ireland‘With her extensive experience teaching Constitutional Law and as President of the ACLU, Susan Herman is the ideal person to introduce readers to U.S. civil liberties. This book provides a variety of fascinating perspectives on civil liberties generally – history, law, current conditions – and on sizzling issues ranging from abortion to voting rights.’ -- Nadine Strossen, FIRE (Foundation for Individual Rights and Expression), US

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful Advanced Introduction provides a kaleidoscopic overview of key US civil liberties, including freedom of speech, press, assembly, and religion, limitations on search and seizure, due process in criminal proceedings, autonomy rights, rights of equality, and democratic participation. Key Features: Discusses the historical development and current status of core civil liberties Examines the tension between libertarian and egalitarian views of civil liberties Promotes further understanding of the role of the US Supreme Court and other actors in setting levels of protection for civil liberties Provides an overview of common themes in development and interpretation of constitutionally protected civil liberties in multiple areas, including abortion Featuring examples of how key civil liberties have been shaped by historical, legal, and philosophical forces, this Advanced Introduction will be essential reading for students and scholars in American studies, history, human rights, law and politics, and political science.Trade Review‘Professor Susan Herman has written a brilliant description of civil liberties in the United States. With remarkable clarity, she explains complicated legal concepts, tracing the history of civil rights in the United States and discussing important current issues. This book will be an invaluable resource for experts and non-experts alike, and will be enormously helpful to students, as well as lawyers, judges, and everyone interested in learning more about civil liberties.’ -- Erwin Chemerinsky, University of California, Berkeley, US‘This authoritative text is essential reading for students and practitioners of constitutional law. The author's direct experience, as President of the ACLU, adds invaluable depth and insight in confronting continuing and new constitutional challenges.’ -- Professor Emerita Geraldine Van Bueren KC, British Institute of International and Comparative Law, UK‘At a moment when rights are under threat, Herman sets out to clearly define the evolution and parameters of civil rights, civil liberties and human rights in the United States. In doing so, she does not shirk from the dark moments of US constitutional history, or from addressing how the peculiarly American approach to freedom of speech continues to present controversies around extremist speech, campus protests and campaign finance.’ -- Liam Herrick, Irish Council for Civil Liberties, Ireland‘With her extensive experience teaching Constitutional Law and as President of the ACLU, Susan Herman is the ideal person to introduce readers to U.S. civil liberties. This book provides a variety of fascinating perspectives on civil liberties generally – history, law, current conditions – and on sizzling issues ranging from abortion to voting rights.’ -- Nadine Strossen, FIRE (Foundation for Individual Rights and Expression), US

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law’s effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice.This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.Trade Review‘Organized around four themes – repositioning, reinventing, relocating, and rethinking human rights – Dina Lupin skillfully brings together a diverse array of essays by an impressive group of scholars to give the reader a flavor of this burgeoning area of international law, made even more significant by the UN General Assembly resolution recognizing a clean, healthy and sustainable environment as a human right and the worsening climate crisis. An important contribution to the scholarship on human rights and the environment.’ -- Sumudu Atapattu, University of Wisconsin Law School, USTable of ContentsContents: 1 Introduction: A Research Agenda for Human Rights and the Environment 1 Dina Lupin PART I REPOSITIONING MARGINALISED EPISTEMIC AND EXPERIENTIAL CONTRIBUTIONS 2 Towards a disability-inclusive environment and human health research agenda 13 Sarah L. Bell 3 Indigenous Peoples’ rights and the politics of climate change 31 Anna F. Laing 4 A critical peasants’ rights perspective for human rights and the environment: Leveraging the UN Declaration on the Rights of Peasants 55 Amanda Lyons and Ana María Suárez Franco PART II REINVENTING HUMAN RIGHTS TOOLS AND APPROACHES 5 Racial segregation, water disconnection and human rights litigation: An examination of the use of law to challenge structural racism in Detroit and Johannesburg 81 Jackie Dugard 6 The right to consultation is a right to be heard 103 Dina Lupin and Leo Townsend 7 Rethinking ‘vulnerability’: Widening the scope to conceptualize ‘vulnerability’ for the human right to water 123 Daphina Misiedjan PART III RELOCATING RIGHTS IN OVERLOOKED SPACES 8 Climate change and human rights in the overseas colonized territories of the state 143 Miriam Cullen and Céline Brassart Olsen 9 Human rights law as a gap-filler: The invisibility of climate vulnerability in international climate change law 159 Linnéa Nordlander PART IV RETHINKING HUMAN RIGHTS AND THE ENVIRONMENT 10 Indigenous knowledge and new materialism 181 Tina Sikka, Elizabeth Mills and Nisha Sikka 11 Decoloni-zation/ality of ‘protected areas’: A South African perspective 209 Clive Vinti 12 The human right to a healthy environment and the rights of racialized groups: Applying critical race theory as a framework for (re)constructing environmental rights through foundational transformation 231 Natalia Urzola Gutiérrez Index 253

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Book SynopsisBased on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda.Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, KC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions.The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.Trade Review‘The author’s book is, by and large, a normative project interpreting specific discourses in Hinduism (and its spill overs to Buddhism) to trace today’s human rights law to the earliest tenets of ancient Hindu scriptures. In identifying this rare question in international human rights law scholarship, and engaging in the intellectual query and deep speculative thought required to preliminarily investigate this question, Dr Subedi’s reflections provide fertile ground for future research that widens our search for the origins of human rights, and today’s contested human rights practices.’ -- Diane A Desierto, Notre Dame Law School and Keough School of Global Affairs, University of Notre Dame, US'A timely and important contribution that explores the implications of the shift in economic and political power to Asia for the global human rights agenda pursued since 1948. Former UN Special Rapporteur for Human Rights in Cambodia Surya Subedi writes from his unique perspective, including his knowledge of Hindu and Buddhist teachings, to argue that those significant religions share deeply-ingrained common values with those expressed in the UniversaI Declaration of Human Rights, and that the shift in global power will not lead to a turning away from the human rights agenda.' -- Charlotte Ku, Texas A&M University School of Law'Surya P. Subedi, now Professor of International Law at the University of Leeds, was born in a simple Nepali village and received a Sanskrit education until the age of 13. This book records his passionate and very personal attempt to bridge two worlds, to bring the world of his Brahmin ancestors, the Hindu civilization that they embodied, into harmony with the modern world of human rights and to show that there need be no contradiction, and indeed that human rights can receive succour from the well-springs of Hinduism and Buddhism.' -- David N. Gellner, University of Oxford, UKTable of ContentsContents: Introduction 1. Evolution of Eastern belief systems 2. Human rights values in Eastern civilisations 3. The principles of humanitarian law in Hinduism 4. China’s approach to human rights and the UN human rights agenda 5. The impact on the universality of human rights of the shift of power to the East 6. Human rights challenges in a country with a Hindu-Buddhist heritage: A case study of Cambodia Conclusions Index

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Book SynopsisThis ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies – tobacco plain packaging, anti-counterfeiting measures and contrary marks – the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods.Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law.Trade Review‘This important book explains how governments can do a better job incorporating human rights concerns into trademark law. It proposes a useful analytical framework for measuring whether trademark legislation and enforcement adequately protects rights to property, health, free expression, and other economic, social, and cultural rights.’ -- Lisa P. Ramsey, University of San Diego, US‘The interaction between intellectual property rights and human rights is such an important field of study that it almost became a subdiscipline. Dr. Wilkinson’s work constitutes a major addition to this field by adding a global and comparative dimension and conceptualizing a human rights culture for trade marks. A must read for everyone concerned with the ethical dimensions of innovation law!’ -- Christophe Geiger, Luiss Guido Carli University, Italy.‘Drawing on important comparative case studies on plain packaging tobacco legislation, contrary marks and counterfeiting, Dr Wilkinson makes a powerful and carefully argued case for an integrated and systematic human rights approach to trade marks law reform, particularly in the area of public health. Her study will provide a useful framework for future national and international reform initiatives.’ -- Sam Ricketson, Professor Emeritus, Melbourne Law School, AustraliaTable of ContentsContents: PART I EXISTING CONCEPTIONS OF TRADE MARKS AND HUMAN RIGHTS AND A FRAMEWORK FOR CHANGE 1 The need for increased awareness of human rights implications for trade marks 2 Conceptualising trade marks and human rights: the case for recognising all human rights PART II GLOBAL CASE STUDIES: ASSESSING HUMAN RIGHTS IMPLICATIONS OF DOMESTIC TRADE MARK LAWS 3 Tobacco plain packaging case study: Australia and Uruguay 4 Contrary marks case study: the United States and the European Union 5 Anti-counterfeiting legislation case study: Kenya and Australia PART III BUILDING A HUMAN RIGHTS CULTURE FOR TRADE MARKS 6 Innovating trade mark enforcement approaches in a human rights culture 7 Founding a global human rights culture for trade marks: planning for success Index

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Book SynopsisIn comparing the ways in which China, Taiwan and Hong Kong punish religious claims and practices considered by the state to be false or fraudulent, Jianlin Chen presents a seminal contribution to the interdisciplinary study of religious freedom. The book not only reveals how these legal tools sustain a hierarchy of religion, but also the political dynamic behind the design and utilization of these legal tools.Adopting a novel, comparative approach, Chen adeptly investigates various legal tools employed to regulate religious fraud in China, Taiwan and Hong Kong. Through a systematic survey of court judgments, he identifies the surprising convergences among the religious fraud regulations across the three jurisdictions. He further employs public choice analysis to tease out the reasons behind these often unconstitutional religious fraud regulations, and highlights the complicity of individuals who otherwise advocate for liberal democratic values. With its wealth of legal and political analysis, the book critically interjects in the global inquiry of religious freedom and democratic backsliding.This progressive book is an important touchstone for scholars and students in Asian studies, law and religion, criminal law and justice, and law and society.Table of ContentsContents: Preface 1 Introduction: Law and Politics of Religious Fraud Regulation 2 Regulating religious fraud: theory and practice around the globe 3 China 4 Taiwan 5 Hong Kong 6 Law: the differentiated religion in the constitutional right to religious freedom 7 Politics: false religion and fragility of real religious freedom 8 Conclusion Index

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Book SynopsisThis pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.Trade Review‘This volume provides an innovative perspective on the ICC’s work and is heartily recommended for scholars and students in the field of transitional justice looking for nuanced comprehen- sion of the challenges the ICC faces in delivering global justice.’ -- Mirjana Gavrilovic Nilsson, Journal of International Criminal Justice‘This text is an important and incisive exploration into cultural issues relating to the practice and procedure of the ICC.’ -- Molly Thomas, Cross-Cultural Human Rights Review‘This is thought-provoking analytical work that calls for self-awareness and engagement with culture. The collection will interest anyone working in the international criminal law field, and with the ICC - whether practitioners or academics.’ -- Silvina Sanchez-Mera, Law in Context‘This provocative volume on the culture of the ICC comes amid growing awareness that the Court's internal culture shapes its own legal operations as well as the far flung cultures in which it intervenes. Fraser and McGonigle Leyh have assembled an impressively diverse array of contributors to dissect the numerous cultural dimensions of the ICC's work. What they show is that, rather than delivering a universal conception of justice, the ICC's norms and approaches derive from specific (mostly Global North) cultures and intersect in complex – sometimes damaging – ways with different cultural practices and perspectives around the world. This book is essential reading for anyone interested in the culturally specific character of a nominally “global” institution.’ -- Phil Clark, SOAS University of London, UK'This is a highly original and thought-provoking book on the ways in which culture impacts the work of the ICC. While some topics may be more familiar to lawyers, like cultural defences, other chapters discuss novel areas where law and culture intersect in relation to the Court. As detailed in this extraordinary treatise, the Court has continuously grappled with cultural entanglements both inside and outside its proceedings. For anyone interested in this global institution, this book is a welcome and much-needed addition to ICC scholarship.' --Michael Scharf, Case Western Reserve University, US'Offering a missing piece of the puzzle for conceptualizing the place of law and culture in international criminal law circuits, Julie Fraser and Brianne McGonigle Leyh have provided us with a brilliant framework for making sense of the ideas and complexities that shape international criminal law. Through an exploration into the way that various communities deal with norm breaking behavior and produce cultural codes which shape court daily practice, Intersections of Law and Culture at the International Criminal Court highlights issues that often go unaddressed in the life of the law. Instead, the volume offers us an intervention into the profundity of cultural processes that are central to the perceived stability and dynamism of international law. This is a must read for students of international law, who seek to understand the complexities of law and culture in the contemporary period.' --Kamari Clarke, University of California, Los Angeles, USTable of ContentsContents: 1 Intersections of law and culture at the International Criminal Court: Introduction 1 Julie Fraser and Brianne McGonigle Leyh 2 Now you see it, now you don’t: culture at the International Criminal Court 14 Leigh Swigart PART I SUBSTANTIVE CRIMES AND CULTURE 3 How to solve a problem like Al Madhi : proposal for a new crime of ‘attacks against cultural heritage’ 38 Peta-Louise Bagott 4 Cultural heritage destruction and the ICC: lessons from connecting cultural heritage and human rights through a library lens 59 Vicky Breemen and Kelly Breemen 5 Keeping the ‘delicate mosaic’ together: can the ICC deal with intangible cultural heritage? 81 Martyna Fałkowska-Clarys and Lily Martinet 6 A political analysis of sexual violence in the International Criminal Court 102 Alison Dundes Renteln PART II PROCEEDINGS AND CULTURE 7 ‘Solemnly declare to tell the truth’: internationalising the Solemn Undertaking before the International Criminal Court 127 Joshua Isaac Bishay 8 Spellbound at the International Criminal Court: the intersection of spirituality and international criminal law 147 Adina-Loredana Nistor, Andrew Merrylees and Barbora Holá 9 ‘Questioned by the Court’: the role of judges and sociocultural aspects of testimonial evidence in Katanga 169 Suzanne Schot 10 The power of culture and judicial decision-making at the International Criminal Court 190 Gregor Maučec 11 Doing ‘justice’ at the Office of the Prosecutor: portrayals of a cultural value 209 Cale Davis PART III DEFENCES, SENTENCING, VICTIMS AND CULTURE 12 In defence of culture: should defences based on culture apply at the ICC? 229 Noelle Higgins 13 Introducing aspects of transformative justice to the International Criminal Court through plea negotiation 249 Phoebe Oyugi and Owiso Owiso 14 ‘Culture’ and sentencing at the International Criminal Court 268 Michelle Coleman 15 A delicate mosaic: the ICC, culture and victims 288 Fiona McKay PART IV THE ICC’S GLOBAL REACH AND LEGITIMACY 16 The quest for cultural legitimacy at the ICC: a third-way approach as an appropriate response to African cultural paradigms 312 Ingrid Roestenburg-Morgan 17 ‘We will let it die on its own’: culture, ideology and power at play between the United States and the International Criminal Court 337 Brianne McGonigle Leyh 18 Asia’s reluctance to join the ICC: who is jilted by whom? 358 Nikhil Narayan 19 Exploring legal compatibilities and pursuing cultural legitimacy: Islamic law and the ICC 378 Julie Fraser 20 Afterword: culture, genuine and juridical 397 Mark Goodale Index

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Book SynopsisThis important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making.Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.Trade Review‘This edited volume is a solid and welcome intervention in the highly topical and fast-growing literature on business and human rights more generally, and as it concerns Africa – a continent on which the negative impacts of the activities of large business corporations has been hard felt for centuries now. Professors Olawuyi and Abe have conceptualized and put together a very impressive, seventeen chapter, multidisciplinary, well-researched and well-written book, with a highly developed and painstakingly developed overarching scholarly apparatus. The book’s socio-legal interrogation of the processes that create, and harms that result from, what its editors appositely refer to as “a cultural politics of corporate irresponsibility” is well integrated into its accompanying deep dive into “the complex legal, ethical and business questions” that are intimately connected to that phenomenon. Readers from a wide variety of disciplines and backgrounds will surely find the book’s conceptual depth and broad coverage as impressive, relevant and useful, as its practical utility in a variety of professional contexts.’ -- Obiora C. Okafor, UN Independent Expert on Human Rights and International Solidarity‘This volume provides much-needed African perspectives on the business and human rights landscape. Such work should help in promoting business respect for human rights and corporate acceptability in different world regions.’ -- Surya Deva, Macquarie Law School, Australia‘This timely and innovative book provides a seminal analysis of the practical application of business and human rights norms in the African context. As African countries adopt legislation and guidelines aimed at addressing the impacts of business activities on human rights, a comprehensive analysis of such emerging laws, and by leading African scholars, has been long overdue. Covering key topics from institutions to legislation and governance, the in-depth and systematic approach of this book makes it a must-read for students, academics, practitioners, policy makers and business leaders in Africa and beyond.’ -- Ilias Bantekas, Hamad bin Khalifa University, QatarTable of ContentsContents: Preface and Acknowledgements xi PART I INTRODUCTORY CONTEXT AND PRINCIPLES 1 Introduction – Business, human rights, and the United Nations Guiding Principles 2 Oyeniyi Abe and Damilola Olawuyi 2 States’ duty to protect under international human rights principles against corporate-related human rights abuse 21 Nojeem Amodu PART II CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS IN KEY SECTORS 3 Financial compensation for business-related human rights violations in the mining sector 38 Lyla Latif 4 The United Nations Guiding Principles on Business and Human Rights and Uganda’s extractive sector 56 Michael Nyarko 5 Reconsidering capitalistic commerce and the UNGPs through the prism of environmental human rights 75 Herbert Kawadza 6 Corporate accountability for climate change 92 Muriuki Muriungi 7 Rethinking the role of business enterprises in the fight against inequality 107 Fola Adeleke 8 Human rights and taxation in developing countries 126 Eghosa Ekhator, Chisa Onyejekwe and Newman Richards 9 Foreign direct investment in Kenya and the rights of indigenous peoples 150 Hope Joyce Otieno 10 Human rights, business enterprises and tenure security in Cameroon 171 Semie Sema 11 Business enterprises in renewable energy projects in Africa and the human rights questions arising from the duty to protect 188 Peter Oniemola PART III ACCESS TO REMEDY FOR VICTIMS OF CORPORATE-RELATED HUMAN RIGHTS VIOLATIONS IN AFRICA 12 The missing forum for corporate human rights violations in Africa 208 Hassan M. Ahmad 13 Promoting access to justice for corporate human rights violations in Africa 228 Adaeze Okoye 14 Protect, respect and remedy 248 Florence Shako PART IV CONCLUSION 15 A regional policy framework on business and human rights in Africa 265 Romola Adeola and John Ikubaje 16 Advancing business and human rights law and practice in Africa 283 Damilola S. Olawuyi and Oyeniyi Abe Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Advanced Introduction to U.S. Disability Law provides a timely and accessible overview of disability law in the United States, focusing primarily on the Americans with Disabilities Act of 1990 (the ‘ADA’). Peter Blanck addresses the social and legislative history leading up to the development of the ADA; coverage and remedies under the ADA’s three main titles; some of the fundamental and recent cases informing the ADA’s interpretation; and current issues facing U.S. courts, law makers, and policy makers. Key Features: Provides an overview of Titles I-III of the ADA Discusses the enforcement of, and relief provided by, the ADA Analyses the impact of the Covid-19 pandemic on people with disabilities and on the ADA’s enforcement Highlights concerns as well as positive legal and social developments for people with disabilities Focuses on extensive changes in technology and the employment market since the enactment of the ADA This Advanced Introduction will be essential reading for students and scholars of disability law, discrimination law, health law, human rights, and law and society. It will also be beneficial for advocates for disability rights in public and private institutions, as well as researchers addressing disability issues.Trade Review‘Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.’ -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK'Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.' -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK‘A tour de force by one of the masters of American disability law. The field was an American invention and is now a global challenge. Anyone interested in its past - and especially its future - will find this an indispensable tool to build on the foundations of US law to create a more inclusive future for the estimated 1 billion persons with disabilities in the world.’ -- Gerard Quinn, UN Special Rapporteur on the rights of persons with disabilities‘Blanck’s work provides a comprehensive, yet easy to navigate, coverage of US disability law. It captures both the history of the law’s development and its forward trajectory.’ -- Michael Waterstone, Loyola Marymount University, USTable of ContentsContents: Foreword 1. Introduction to Advanced Introduction to U.S. Disability Law 2. U.S. sources of disability law: historical roots and precursor laws 3. Enforcement and relief under the ADA 4. An overview of the ADA 5. Title I antidiscrimination protections 6. Title II antidiscrimination protections 7. Title III antidiscrimination protections 8. ADA special topic: tester lawsuits and standing 9. ADA special topic: pandemic vaccine and mask mandates 10. ADA special topic: service animals as reasonable modifications/accommodations 11. International disability law and policy 12. Current challenges 13. Rights for people with disabilities evolve: looking forward Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Advanced Introduction to U.S. Disability Law provides a timely and accessible overview of disability law in the United States, focusing primarily on the Americans with Disabilities Act of 1990 (the ‘ADA’). Peter Blanck addresses the social and legislative history leading up to the development of the ADA; coverage and remedies under the ADA’s three main titles; some of the fundamental and recent cases informing the ADA’s interpretation; and current issues facing U.S. courts, law makers, and policy makers. Key Features: Provides an overview of Titles I-III of the ADA Discusses the enforcement of, and relief provided by, the ADA Analyses the impact of the Covid-19 pandemic on people with disabilities and on the ADA’s enforcement Highlights concerns as well as positive legal and social developments for people with disabilities Focuses on extensive changes in technology and the employment market since the enactment of the ADA This Advanced Introduction will be essential reading for students and scholars of disability law, discrimination law, health law, human rights, and law and society. It will also be beneficial for advocates for disability rights in public and private institutions, as well as researchers addressing disability issues.Trade Review‘Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.’ -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK'Peter Blanck's Advanced Introduction to U.S. Disability Law is a comprehensive overview of the past, present, and future of American federal disability law and policy. Easily accessible, the volume draws on Blanck's decades of teaching, researching, and advocating disability rights from a broad interdisciplinary perspective. It is a valuable resource for anyone interested in the field.' -- Michael Stein, Harvard University, US‘A must-read for scholars and activists around the world interested in US disability law and policy. It combines a helpful comprehensive overview with fascinating deeper dives into specific topical issues and current challenges. Its accessible writing style, as well as its important content, make it a highly engaging and thought-provoking read.’ -- Anna Lawson, University of Leeds, UK‘A tour de force by one of the masters of American disability law. The field was an American invention and is now a global challenge. Anyone interested in its past - and especially its future - will find this an indispensable tool to build on the foundations of US law to create a more inclusive future for the estimated 1 billion persons with disabilities in the world.’ -- Gerard Quinn, UN Special Rapporteur on the rights of persons with disabilities‘Blanck’s work provides a comprehensive, yet easy to navigate, coverage of US disability law. It captures both the history of the law’s development and its forward trajectory.’ -- Michael Waterstone, Loyola Marymount University, USTable of ContentsContents: Foreword 1. Introduction to Advanced Introduction to U.S. Disability Law 2. U.S. sources of disability law: historical roots and precursor laws 3. Enforcement and relief under the ADA 4. An overview of the ADA 5. Title I antidiscrimination protections 6. Title II antidiscrimination protections 7. Title III antidiscrimination protections 8. ADA special topic: tester lawsuits and standing 9. ADA special topic: pandemic vaccine and mask mandates 10. ADA special topic: service animals as reasonable modifications/accommodations 11. International disability law and policy 12. Current challenges 13. Rights for people with disabilities evolve: looking forward Index

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