Law: Human rights and civil liberties Books

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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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 innovative book explores the complex interplay between intellectual property for biotechnological innovations and human rights. Examining the clash between the drive to incentivise innovations that can fulfil human needs and the desire to grant global access to healthcare technologies, it presents thoughtful solutions to the challenges of protecting the human rights of all parties impacted by biotechnological patents and other relevant IP rights.After laying out the essential biotechnological innovations of the last 40 years, the authors conduct an in-depth analysis of European exclusive rights relating to biotechnology and healthcare, with particular attention to five key European jurisdictions - France, Germany, Italy, Poland and the UK. Delving into complex legal and ethical disputes over the rights to privacy, integrity, autonomy, health and science, the book argues for a more balanced patent system, protecting both human rights and intellectual property.This book will be a thought-provoking read for legal scholars, practitioners and policy-makers in the fields of biotechnology, pharmaceutical law, human rights law and intellectual property law. With its in-depth discussion of cutting-edge advances in biotechnology and the laws related to it, it will also prove enlightening for scholars and students interested in engaging with the field for the first time.Trade Review‘This book is thoughtful and well-written. It raises crucial legal, ethical, and moral questions that humanity will need to ask itself with the continuing advancements in medicine, artificial intelligence, pandemic preparedness, and patents. In short, this is a serious and even must-read for any scientific academic and practitioner in this area, as well as any competent lawyer or civil servant seeking to regulate and understand the different and competing interests.’ -- Isaac Maka, Legal Issues Journal‘This well-researched and informative book provides a unique insight into the complex intersections of biotechnology, patents and human rights in Europe. The authors distil the issues from a complicated web of laws and policies. Researchers and policy-makers should read this book to both understand how the law works and also how it might be improved.’ -- Susy Frankel, University of Wellington, New Zealand‘Patents in the field of biotechnological innovations as well as their enforcement have always triggered important tensions with a broad variety of human rights, in particular the right to health, human dignity, and the right to science. This very timely book explores these interactions, using an international, European and comparative law approach and offers a very stimulating analysis of the multiple legal and moral aspects of the topic, laying the foundation for an ethical approach to patent law in the future in the field of biotechnology.’ -- Christophe Geiger, Luiss Guido Carli University, Italy‘Focusing on the sphere of biotechnology, this book commands the attention of both the legal and scientific communities. For lawyers, it provides a detailed background on recently-developed medical technologies and discusses their impact on personal integrity and health care. For scientists, it explains the nature of the exclusive rights that national laws create to encourage investment in biotechnological innovation. For both communities, the book then provides a thoughtful discussion of approaches to balancing the interests of right holders against the human rights to health and to the benefits of science. Biotechnology is not the only sphere where intellectual property and human rights clash; the analysis provided here will be invaluable when other emerging problems, including climate change, pollution, and food security, arise.’ -- Rochelle Dreyfuss, New York University, School of Law, USTable of ContentsContents: An introduction to the current discussion about biotechnology, patents and human rights 1. What is being patented? An inquiry into recent developments in life sciences through the lens of patents 2. The patentability of inventions relating to the human body: non-technical exclusions to patentability and their normative basis 3. Patents for inventions concerning biological material contained in the human body in the light of human rights 4. Protection of health care innovation versus the rights to health and science 5. Challenges of IP for ground-breaking biotechnological innovation 6. Human rights of inventors and patentees versus rules of patent protection Index

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Book SynopsisIn an age of intolerance where religious persecution is widespread, Barbara Ann Rieffer-Flanagan explores how societies can promote freedom of religion or belief as a fundamental right of citizensExamining the extent of religious persecution throughout the world, this cutting-edge book explores mechanisms to address religious intolerance and develop religious freedom, outlining the necessary factors to measure progress on the protection of this fundamental human right. Chapters explore how freedom of religion or belief can be institutionalized in dispositions, laws, and policies through efforts which limit negative depictions of the religious (or non-religious) Other in public discourse. Rieffer-Flanagan demonstrates how reforms that enhance the ability of civil society actors to operate can also promote freedom of religion or belief, and how states and IGOs can support these efforts. Ultimately, this innovative book proves that reforms must be continually nurtured for freedom of religion or belief to exist in society.With interview-based research and a diverse range of regional case studies, this will be a vital resource for students and scholars of philosophy, religion, human rights law and political science. Considering the role of leaders in the promotion of religious tolerance, the book will also prove invaluable to policymakers concerned with human rights and freedom of religion or belief.Trade Review‘In calling for a “coherent multilayered approach” to promote religious freedom, this thoughtful and comprehensive book of keen insight details the messy process of progress, offering comparative perspectives, policies and practices from around the world that can teach us all. Promoting Religious Freedom in an Age of Intolerance is that rare read of ready reference relevant to academics and activists alike.’ -- Chris Seiple, President Emeritus, Institute for Global Engagement, US‘This innovative analysis of how to achieve religious tolerance focuses on four key actors: international organizations, US foreign policy, political leaders, and civil society. It includes fascinating sections on Saudi Arabia, Egypt, Oman, Uzbekistan, Vietnam and Sweden. A key insight is that enlightened autocrats sometimes protect religious tolerance.’ -- Rhoda Howard-Hassmann, Wilfrid Laurier University, Canada‘This is an original and substantive work based on much reading, interviewing, and reflection. For those interested in religious tolerance and religious freedom, which are not the same, Flanagan shows well the difficult challenges to be overcome as well as laying out multiple paths to progress. Religion and politics are at the center of national and international affairs. This book helps the reader understand that important and complex linkage.’ -- David P. Forsythe, University of Nebraska-Lincoln, USTable of ContentsContents: Preface 1. Building religious freedom 2. History lessons on religious tolerance and religious freedom 3. Working collectively: multilateral approaches to the promotion of freedom of religion or belief 4. Protecting the faithful in foreign policy: Washington’s efforts on freedom of religion or belief 5. Reforming education: teaching narratives of religious tolerance 6. Tolerant leadership in Tashkent: the role of leaders in the promotion of religious tolerance 7. The role of civil society: the Institute for Global Engagement and Vietnam 8. Promoting religious freedom in Egypt 9. Tending to human dignity in the garden 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 insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights? Expert contributors illustrate the interdependence between these three key issues in an unprecedented way, addressing many of the contemporary criticisms voiced against the human rights system and the reasons for popular skepticism about human rights. In order to interrogate the deficiencies of the UDHR, chapters analyse the following questions: Can and should we keep claiming that human rights are universal? Is their proliferation rendering human rights meaningless? And have human rights become too costly? The book concludes that there is a pressing need for a renewed and lasting commitment to human rights. We cannot afford not to afford human rights. This book will be a valuable resource for academics and students of international relations, the political sciences and comparative legal studies. Covering policy and advocacy issues as well as the evolution of case law regarding particular human rights, it will also be beneficial for policy-makers and human rights practitioners.Table of ContentsContents: INTRODUCTION 1. The Interdependence of Issues Relating to the Universality, Proliferation and Costs of Human Rights Thomas Van Poecke, Marie Bourguignon, Jan Wouters and Koen Lemmens PART I: THE UNIVERSALITY OF HUMAN RIGHTS 2. The Mythic Universality of the Universal Declaration on Human Rights: Revisiting the Drafting History of the UDHR in Search for a Foundational Theory Nick Goetschalckx 3. The Case for a Comprehensive Global Human Rights Treaty under UN Auspices Prof. Dr. Konstantinos D. Magliveras 4. The Universality of Human Rights: A European perspective Prof. Dr. Paul Lemmens 5. Recognition of Same-Sex Relationships under the ECHR: Till Death – or the Lack of European Consensus – Do Us Part Dr. Johan Lievens and Nele Verbrugghe Part II: THE PROLIFERATION OF HUMAN RIGHTS 6. The Proliferation of Human Rights: Between Devotion and Calculation Prof. Dr. Kasey McCall-Smith 7. Human Rights Adjudication: Between Hopes and Failures Dr. Dalia Palombo 8. Sustainable Development in “New Generation” Trade Agreements of the European Union: Towards Integration or Fragmentation of the Human Rights Language?’ Michelle Meulebrouck 9. Denationalization under the EC(t)HR: A Need for an Autonomous Human Right to a Nationality? Louise Reyntjens PART III: THE COSTS OF HUMAN RIGHTS 10. Economic, Social and Political Costs of the (Non-)Realization of Human Rights: Towards a New Social Contract Prof. Dr. Felipe Gómez Isa 11. Conflicts in Human Rights-Based Development Dr. Gustavo Arosemena and Bart Kleine Deters 12. Rights and Development: The Costs of Human Rights in Ethiopia Dr. Dina Townsend and Dr. Nicky Broeckhoven 13. The Least Financially Accountable Branch? The Right to Health and the Judiciary’s Power of the Purse: An Israeli Perspective Dr. Hillel Sommer CONCLUSION 14. The Human Rights Project: Perspectives on Universality, Proliferation and Costs of Human Rights Dima Yared Index

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Book SynopsisThis timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.Trade Review'Suzanne Egan and Anna Chadwick have brought together a range of emergent and established voices in this collection on the tensions and contradictions inherent in the roles of human rights in combating poverty. Multidisciplinary contributions explore theoretical and practical perspectives, framing the challenges across economical, political and geographical dimensions. Upon completion, the reader has undoubtedly a more holistic view of the tensions and contradictions encountered by human rights engagement in debates on poverty. Like all good books, it makes you think.' -- Rhona Smith, Newcastle University, UKTable of ContentsContents: 1 Introduction: Poverty and human rights – a multidimensional concept in search of multidimensional collaboration 1 Suzanne Egan PART I CRITICAL DEBATES 2 Keeping human rights out of poverty 23 Vittorio Bufacchi Poverty and the rhetoric of human rights: a reply to Bufacchi 35 Jesse Tomalty 3 China, extreme poverty and consequentialist theories of human rights 38 Graham Finlay 4 The legal construction of poverty: examining historic tensions between property rights and subsistence rights 54 Julia McClure 5 Human rights, poverty and capitalism 68 Anna Chadwick 6 (Post)human rights, poverty and inequality: problems of algocracy, pharmocracy and chemocracy 91 Su-Ming Khoo 7 Planet and people: making human rights distributive by design 105 Wouter Vandenhole 8 On the possibility of justified subsistence wars 122 Lonneke Peperkamp and Ronald Tinnevelt PART II CASE STUDIES 9 An emphasis on social rights: a boost for the UK’s popular rights discourse? 139 Aoife Daly and Alan Connolly 10 The provision of social assistance in Ireland and Spain: a human rights assessment 156 María Dalli 11 Operationalising rights-based approaches to development: chinks in the armour observed through a study of anganwadi workers in Odisha, India 171 Nita Mishra 12 Afterword: Poverty and human rights 188 Anna Chadwick Index 199

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Book SynopsisWeaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship.The book explores how allegiance was historically owed in return for the sovereign’s protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the ‘enigma’ of belonging.With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal–theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.Trade Review‘Focused on citizenship as legal status, Helen Irving meticulously excavates the complex past and present of allegiance in relation to the topic of citizenship. She shows us in detail how allegiance works, how it links to acquisition and loss of citizenship, and how we should think about it in relation to contested topics such as dual citizenship. Until now, there has been a gap in the literature of modern citizenship in relation to allegiance. Irving’s new book fills that gap.’ -- Jo Shaw, University of Edinburgh, UKTable of ContentsContents: Preface 1. Introduction: the origins and evolution of allegiance 2. Dual citizenship and ‘split allegiance’ 3. Naturalisation and transfer of allegiance 4. Swearing allegiance 5. Treason 6. Loss of citizenship 7. Buying citizenship 8. Conclusion: the citizenship bond 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 SynopsisUtilizing the ethos of human rights, this insightful book captures the development of the moral imagination of these rights through history, culture, politics, and society. Moving beyond the focus on legal protections, it draws attention to the foundation and understanding of rights from theoretical, philosophical, political, psychological, and spiritual perspectives.The book surveys the changing ethos of human rights in the modern world and traces its recent histories and process of change, delineating the ethical, moral, and intellectual shifts in the field. Chapters incorporate and contribute to the debates around the ethics of care, considering some of the more challenging philosophical and practical questions. It highlights how human rights thinkers have sought to translate the ideals that are embodied in the Universal Declaration of Human Rights into action and practice.Interdisciplinary in nature, this book will be critical reading for scholars and students of human rights, international relations, and philosophy. Its focus on potential answers, approaches, and practices to further the cause of human rights will also be useful for activists, NGOs, and policy makers in these fields.Trade Review‘We live in a moment of overlapping crises: in a radically unequal and dangerously warming world, populism, xenophobia, and closing space for dissent are the background conditions to which the acute calamities of a global pandemic and its dire economic consequences have been added. These intersecting emergencies have left human rights advocates searching for frameworks capable of generating new visions bold enough to tackle the challenges we face. Moving beyond legal foundations, The Changing Ethos of Human Rights, edited by Hoda Mahmoudi, Alison Brysk and Kate Seaman, offers perspectives on rights rooted in traditions such as philosophy, spirituality, and feminism. In these spaces, the contributors find an ethos of care that centers the interdependence of all human beings, offering a pathway forward in the midst of peril.’Table of ContentsContents: Introduction to The Changing Ethos of Human Rights 1 Hoda Mahmoudi 1 Values and human rights: implications of an emerging discourse on virtue ethics 14 Michael L. Penn 2 Dignity and treating others merely as means 35 Samuel Kerstein 3 Making rights rhetoric work: constructing care in a post-liberal world 52 Alison Brysk 4 Race and feminist care ethics: intersectionality as method 66 Parvati Raghuram 5 Difficult care: examining women’s efforts in the Islamic Republic of Iran 93 Hoda Mahmoudi 6 Empathy, caring, and the defense of human rights in a digital world 111 Kate Seaman 7 Cultural heritage, cultural rights and care ethics 136 Matthew S. Weinert Index 157

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Book SynopsisGrassroots researchers examine the barriers and ways of implementing the UN Convention on the Rights of Persons with Disabilities (CRPD) in Africa. Many have praised the United Nations Convention on the Rights of Persons with Disabilities (CRPD), first adopted by the UN in 2006, as a revolutionary step towards disability rights in Africa. But how real is the progress towards equality for persons with physical disabilities, mental health difficulties, blindness, deafness or albinism? What are the barriers to the CRPD's successful implementation on the continent, and how might we enforce inclusiveness and equality among those disadvantaged? This book brings together the findings of researchers in Ghana, Cameroon, Nigeria, Ethiopia, Uganda, Kenya, Zimbabwe and South Africa to offer grassroots' perspectives on the challenges and possibilities of achieving disability rights under the CRPD. Challenging the generally optimistic view presented to date, the contributors provide evidence-based trenchant critiques of the Convention, highlight the ways in which disability rights are interpreted in varying contexts and with different disabilities, and examine particular issues in relation to children and women. Finally, the contributors suggest ways of moving forward and achieving disability rights in Africa.Trade Review[I]mportant, panoramic volume. Highly Recommended. -- CHOICE MAGAZINETable of ContentsIntroduction Jeff Grischow & Magnus Mfoafo-M'Carthy 1 Framing Disability Rights within African Human Rights Movements Bonny Ibhawoh 2 Legislation as a Care institution? The CRPD and Rights of Adults with Intellectual Disabilities in South Africa Charlotte Capri 3 Examining the Implementation of Inclusive Education in Zimbabwe Tsitsi Chataika & Lincoln Hlatywayo 4 Barriers to the Implementation of Education Article 24 of the CPRD in Kenya Billian Otundo 5 A Disabled Disability Movement: The Paradox of Participation in Uganda Herbert Muyinda & Susan Reynolds Whyte 6 Implementation of the CPRD in Ethiopia: Grassroots Perspectives from the University of Gondar Community-Based Rehabilitation Programme Mikyas Abera 7 Knowledge and Utilization of the CRPD and Persons with Disabilities Act 715 of Ghana among Deaf People Wisdom Kwadwo Mprah & Juventus Duorinaah 8 CRPD Article 6 - Vulnerabilities of Women with Disabilities: Recommendations for the Disability Movement and Other Stakeholders in Ghana Augustina Naami & Joana Okine 9 Assessing the benefits of the CRPD in Cameroon: The Experience of Persons with Disabilities in the Buea Municipality Wisdom Kwadwo Mprah, Maxwell Peprah Opoku & Bernard Nsaidzedze Sakah 10African Ontology, Albinism and Human Rights Elvis Imafidon Conclusion Jeff Grischow & Magnus Mfoafo-M'Carthy

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Book SynopsisThis book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission's decision in the Community Courts. It further assesses how their rights to 'due process' in competition proceedings before the European Commission comply with the notion of 'administrative fairness' enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights.In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an 'EU competition court'. It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court's case law.Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.Trade Review'. . . Arianna Andreangeli's book can be strongly recommended. Academics and practitioners active in the field of competition law, EU law and human rights will certainly find much of interest in this book.' -- Volker Soyez, European Competition Law Review'This book is well structured and well written. . . The volume represents an important contribution to the existing legal literature on fundamental rights protection in the EU legal order from a competition law perspective.' -- Giacomo Di Federico, Common Market Law ReviewTable of ContentsContents: 1. Introduction 2. The Right to be Heard in EC Competition Proceedings between ‘Administrative Due Process’ and a Right to a ‘Fair Trial’ 3. Access to the Evidence in Competition Proceedings as a ‘Right of the Defence’ between Professional Secrecy and ‘Equality of Arms’ 4. Protection Against Forced Disclosure of ‘Sensitive Evidence’: The Legal Professional Privilege and the Privilege Against Self-incrimination in EC Competition Investigations and Procedure 5. Judicial Review of Competition Decisions: A Guarantee of Fairness in EC Competition Enforcement? 6. The Modernisation of the Enforcement of Articles 81 and 82 EC Treaty and the Right to a ‘Fair Procedure’ 7. Conclusions: ‘Article 6-proofing’ EC Competition Proceedings? Conclusions: The Future of Community ‘Due Process’ in Competition Cases Bibliography Index

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Book SynopsisEuropeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct 'European narratives'. This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe.The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans - a discourse which has the potential to become a shared, transatlantic discourse.Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.Trade Review'Helle Porsdam's new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a "must read" for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century.' -- Peter L. Murray, Harvard Law School, Cambridge, US'Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe's rise from the ashes and the choices it must make to inspire rather than repulse the world around it.' -- Richard Weisberg, Cardozo Law School, Yeshiva University, USTable of ContentsContents: Introduction 1. A Soul for Europe? On European Culture and Narratives of Human Rights 2. The Problem(s) with European Culture 3. Transatlantic Dialogues, Past and Present 4. Institutionalized European Human Rights 5. Divergent Transatlantic Views on Human Rights: Economic, Social and Cultural Rights 6. Divergent Transatlantic Views on Human Rights: The Role of International Law 7. Transatlantic Dialogues on Copyright: Cultural Rights and Access to Knowledge 8. Transatlantic Dialogues on ‘Law and Literature’: From ‘Law and Literature’ to ‘Law and Humanities’ 9. Transatlantic Dialogues on Film: The Case of Lars von Trier Conclusion Bibliography Index

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Book SynopsisThis well-researched book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date. The significant gap between the EU's commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs, and the EU's reluctance to impose human rights obligations on MNEs, is thoroughly explored. It is suggested that the current human rights law should be developed, and this timely book recommends that the EU should firmly link the promotion of MNEs' human rights obligations to international human rights law, thereby supporting the constitution of an international law framework within the UN. Multinational Enterprises and Human Rights will be of very great interest to scholars of EU or International Human Rights as well as NGOs and policy makers in international organizations and corporations that support corporate social responsibility and human rights.Contents: Introduction Part I: Multinational Enterprises and Human Rights: The International Legal Framework 1. Theoretical Framework 2. Multinational Enterprises as Addresses of International Law 3. MNEs and International Human Rights Law Part II: MNEs and Human Rights in the European Union 4. Multinational Enterprises in the Present European Union System and the Emergence of Corporate Social Responsibility 5. Internal Measures Addressed to MNEs 6. External Measures Addressed to MNEs Part III: MNEs and Human Rights in the External Relations of the European Union 7. The External Relations of the European Union, MNEs and Human Rights 8. Measures Addressed to Host States in the Development and Cooperation of the European Union 9. Measures Addressed to Host States in the Common Commercial Policy of the European Union Part IV: General Conclusions 10. Conclusions Bibliography IndexTrade Review‘. . . the book provides a wealth of material for the further analysis of questions concerning MNE responsibility for human rights protection. . . the combination of theoretical with practical insights make this book a worthwhile read for academics as well as practitioners interested in the negative and positive effects of the activities of Europe-based MNEs on human rights in third countries.’ -- Chantal Mak, Common Market Law ReviewTable of ContentsContents: Introduction Part I: Multinational Enterprises and Human Rights: The International Legal Framework 1. Theoretical Framework 2. Multinational Enterprises as Addresses of International Law 3. MNEs and International Human Rights Law Part II: MNEs and Human Rights in the European Union 4. Multinational Enterprises in the Present European Union System and the Emergence of Corporate Social Responsibility 5. Internal Measures Addressed to MNEs 6. External Measures Addressed to MNEs Part III: MNEs and Human Rights in the External Relations of the European Union 7. The External Relations of the European Union, MNEs and Human Rights 8. Measures Addressed to Host States in the Development and Cooperation of the European Union 9. Measures Addressed to Host States in the Common Commercial Policy of the European Union Part IV: General Conclusions 10. Conclusions Bibliography Index

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Book SynopsisDoes the increasing prominence of Asia also mark a new era for human rights in the region? This timely book uncovers the political drivers behind both recent regional and country-based changes to the recognition, promotion, and protection of rights. Human Rights in Asia focuses on the relationships between political regimes, institutions and cultures, and external actors, such as international organizations, NGOs, and business. The contributing authors provide important discussions on Burma, Cambodia, China, India, Indonesia, Malaysia, Singapore, Thailand, and the Phillipines. Thematic chapters then go on to frame these individually focused contributions, by examining the international pressure to 'normalize' rights regimes, and the relationship between Islam and rights in the region. Providing a unique combination of country-specific and thematic analysis, this book will be a fascinating and beneficial read for postgraduate and undergraduate students in human rights and international relations, as well as scholars in politics, human rights, international relations and government and NGO analysts. Contributors include: M.K. Connors, T.W.D. Davis, M. Ford, B. Galligan, A. Kent, A. McGregor, T. Milner, R.C. Pangalangan, S. Peou, G. Rodan, A. Saeed, R. SamaddarTrade ReviewThis timely collection tracks legal, cultural, political and institutional developments concerning human rights and Asia over the last decade, and, crucially, helps to move the Asia/human rights discourse beyond the Asian 'values' debate. Covering both country-specific and thematic analyses, it will be a key addition to the library of all who are interested in the promotion and protection of human rights.’Asia - in all its robust variety - is a hotbed of human rights controversy and conflict. It also harbours great potential and promise to improve the standards of human rights enjoyed by its peoples. This tremendously readable and insightful collection of essays shirks neither perspective, employing an impressive array of political, economic, cultural and legal arguments as to how to exploit the good and counteract the bad.’ -- David Kinley, University of Sydney, AustraliaTable of ContentsContents: Preface 1. Human Rights in Asia: Institutions, Norms and Politics Thomas W.D. Davis 2. Muslim Debates on Human Rights and Freedom of Religion Abdullah Saeed 3. International Networks and Human Rights in Indonesia Michele Ford 4. Human Rights Discourse in Post-Marcos Philippines Raul C. Pangalangan 5. Political Accountability and Human Rights in Singapore Garry Rodan 6. Contesting Human Rights in Malaysia Anthony Milner 7. Ambivalent About Human Rights: Thai Democracy Michael K. Connors 8. The Challenge for Human Rights in Cambodia Sorpong Peou 9. Human Rights Coalitions in Myanmar Andrew McGregor 10. The Politics of Human Rights in India Ranabir Samaddar 11. China’s Human Rights in ‘the Asian Century’ Ann Kent 12. Human Rights in Asia: Comparative Reflections Brian Galligan Index

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Book SynopsisThis timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.Table of ContentsContents: Introduction and Editorial Preface Michael Faure and André van der Walt PART I: GLOBALIZATION, DEMOCRACY AND ACCOUNTABILITY 1. Democracy and (European) Private Law: A Functional Approach Jan Smits 2. Public Accountability of Translational Rule Making: A View from the European Union and Beyond Deirdre Curtin PART II: HARMONIZATION VERSUS DECENTRALIZATION 3. Private Law in a Globalizing World: Economic Criteria for Choosing the Optimal Regulatory Level in a Multi-level Government System Roger Van den Bergh 4. Globalization and Harmonization of International Trade Law Sieg Eiselen PART III: PUBLIC LAW 5. The Relation between Private Law and Administrative Law in View of Globalization Frits Stroink 6. Beyond Parochialism? Transnational Contextualization in Constitutional Interpretation in South Africa (with Particular Reference to Jurisprudence of the Constitutional Court) Lourens du Plessis 7. Globalization, State Commercial Activity and the Transformation of Administrative Law Geo Quinot PART IV: CORPORATE GOVERNANCE 8. Globalization: Selected Developments in Corporate Law Bas Steins Bisschop 9. Globalization and Corporate Law Philip Sutherland PART V: PROCEDURAL ISSUES 10. Civil Procedure in a Globalizing World Remco van Rhee PART VI: HUMAN RIGHTS AND THE ENVIRONMENT 11. Fundamental Rights in Private Law: Anchors or Goals in a Globalizing Legal Order? Siewert Lindenbergh 12. Globalization and Multi-level Governance of Environmental Harm Michael Faure 13. The Rule of Law and Judicial Activism: Obstacles for Shaping the Law to Meet the Demands of a Civilized Society, Particularly in Relation to Climate Change? Jaap Spier PART VII: COMPARATIVE CONCLUSIONS 14. Comparative and Concluding Remarks Michael Faure and André van der Walt Index

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Book SynopsisEuropeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct 'European narratives'. This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe.The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans - a discourse which has the potential to become a shared, transatlantic discourse.Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.Trade Review'Helle Porsdam's new book is a readable and perceptive analysis of European and American perceptions of essential human rights and their roots in national and regional cultures. Professor Porsdam traces the notions of civil, political, social and economic interests as rights protected and implemented by law on both sides of the Atlantic. From Civil to Human Rights is a "must read" for Europeans, Americans, and everyone else who wants to learn more about the institutions, values, hopes and dreams that bring us together and hold us apart at the beginning of the 21st century.' -- Peter L. Murray, Harvard Law School, Cambridge, US'Is there a special human rights narrative emerging from the chastened soul of post-war Europe? What lies ahead for that great but shattered community? Helle Porsdam, a leader in the related fields of human rights and humane letters, bids fair to answer these and other pressing questions. Along the way her highly nuanced intellect addresses the frustrating differences among those contentious first cousins, Europe and the United States. The result is a wide-ranging, richly informed inquiry about Europe's rise from the ashes and the choices it must make to inspire rather than repulse the world around it.' -- Richard Weisberg, Cardozo Law School, Yeshiva University, USTable of ContentsContents: Introduction 1. A Soul for Europe? On European Culture and Narratives of Human Rights 2. The Problem(s) with European Culture 3. Transatlantic Dialogues, Past and Present 4. Institutionalized European Human Rights 5. Divergent Transatlantic Views on Human Rights: Economic, Social and Cultural Rights 6. Divergent Transatlantic Views on Human Rights: The Role of International Law 7. Transatlantic Dialogues on Copyright: Cultural Rights and Access to Knowledge 8. Transatlantic Dialogues on ‘Law and Literature’: From ‘Law and Literature’ to ‘Law and Humanities’ 9. Transatlantic Dialogues on Film: The Case of Lars von Trier Conclusion Bibliography Index

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Book SynopsisThis topical collection of chapters examines secular society and the legal protection of religion and belief across Europe, both in general and more nation-specific terms.The expectations of many that religion in modern Europe would be swept away by the powerful current of secularization have not been realized, and today few topics generate more controversy than the complex relationship between religious and secular values. The 'religious/secular' relationship is examined in this book, which brings together scholars from different parts of Europe and beyond to provide insights into the methods by which religion and equivalent beliefs have been, and continue to be, protected in the legal systems and constitutions of European nations. The contributors chapters reveal that the oft-tumultuous legacy of Europe s relationship with religion still resonates across a continent where legal, political and social contours have been powerfully shaped by faith and religious difference.Covering recent controversies such as the Islamic headscarf, and the presence of the crucifix in school class-rooms, this book will appeal to academics and students in law, human rights and the social sciences, as well as law and policy makers and NGOs in the field of human rights.Contributors include: S. Bacquet, P. Cumper, E. Daly, G. Davie, P.W. Edge, A.C. Emilianides, T. Lewis, T. Loenen, V.A. Lykes, J. Mertus, M. Morav íková, J.S.Trade Review'Religion, Rights and Secular Society by Peter Cumper and Tom Lewis is a both timely and important publication. In a series of highly interesting and well-written essays - some of which are case studies covering many different European nations whereas others are more theoretical - the book looks at a key paradox in contemporary Europe: the relatively high levels of secularity in most European countries on the one hand, and the marked resurgence of religion in public debates on the other. While never pretending that there are ready answers to the problems of reconciling secular and religious values in Europe, the contributors make it quite clear that Europeans need to return to questions about religion that they had previously regarded as being settled. This is food for thought at a very high level!' -- Helle Porsdam, University of Copenhagen, Denmark‘. . . this book is an absorbing and enlightening read and of direct relevance to many practitioners, as well as academics and policymakers in law, government and in the social and political sciences.’ - Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: 1. Introduction: Freedom of Religion and Belief – the Contemporary Context Peter Cumper and Tom Lewis 2. The Netherlands: Neutral But Not Indifferent Marjolein van den Brink and Titia Loenen 3. Secularism and Establishment in the United Kingdom Peter W. Edge 4. Law, Religion and Belief in Germany Gerhard Robbers 5. Religion in the Constitutional Order of the Republic of Ireland Eoin Daly 6. Religion and Secular Values in Spain: A Long Path to a Real Religious Pluralism Eugenia Relaño Pastor 7. The Rise and Contradictions of Italy as a Secular State Marco Ventura 8. Religious Freedom in a Secular Society: An Analysis of the French Approach to Manifestation of Beliefs in the Public Sphere Sylvie Bacquet 9. Secularism, Law and Religion Within the Cypriot Legal Order Achilles C. Emilianides 10. The Pendulum of Church–State Relations in Hungary Renata Uitz 11. Law, Religion and Belief in Slovakia, the Czech Republic and Poland Michaela Moravčíková 12. Human Rights and Religion in the Balkans Julie Mertus 13. Understanding Religion in Europe: A Continually Evolving Mosaic Grace Davie 14. Islam and Secular Values in Europe: From Canon to Chaos? Jørgen S. Nielsen 15. Legal Considerations Concerning New Religious Movements in the ‘New Europe’ James T. Richardson and Valerie A. Lykes Index

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Book SynopsisThe legal system is complex, and without appropriate access, many injustices can occur. Deaf people in the criminal justice system are routinely denied sign language interpreters, videophone access, and other accommodations at each stage of the legal process. The marginalization of deaf people in the criminal justice system is further exacerbated by the lack of advocates who are qualified to work with this population. Deaf People in the Criminal Justice System: Selected Topics on Advocacy, Incarceration, and Social Justice is the first book to illuminate the challenges faced by deaf people when they are arrested, incarcerated, or navigating the court system. This volume brings interdisciplinary contributors together to shed light on both the problems and solutions for deaf people in these circumstances. The contributors address issues such as accessibility needs; gaps regarding data collection and the need for more research; additional training for attorneys, court personnel, and prison staff; the need for more qualified sign language interpreters, including Certified Deaf Interpreters who provide services in court, prison, and juvenile facilities; substance use disorders; the school to prison nexus; and the need for advocacy. Students in training programs, researchers, attorneys, mental health professionals, sign language interpreters, family members, and advocates will be empowered by this much-needed resource to improve the experiences and outcomes for deaf people in the criminal justice system. This book has been made possible in part by the National Endowment for the Humanities: Exploring the human endeavor. Any views, findings, conclusions, or recommendations expressed in this book do not necessarily represent those of the National Endowment for the Humanities.Trade Review"This book appeals to various professionals in the Deaf community, and it could significantly enhance the work of students, educators, researchers, advocates, mental health practitioners, interpreters, and the like. Readers less familiar and integrated with the Deaf community stand to gain an incredible amount of information ranging from Deaf 101 myth-busting to deep examinations of Deaf persons’ stories of inaccessibility and injustice. For professionals working in any area of the criminal justice system, this is a must-read." -- Meghan L. Fox * JADARA *"By drawing in so many interdisciplinary views, this book serves as a kaleidoscope of often underrepresented/unheard perspectives based on the experiences and challenges experienced by signing deaf populations. As a result, it is currently the most comprehensive book out there when it comes to considering multiple experiences and challenges in achieving criminal justice reform from the perspectives of signing and deaf populations." -- Tawny Holmes Hlibok * Journal of Deaf Studies and Deaf Education *

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Book SynopsisThe individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.Trade Review"This is an excellent book. The stories are terrific, the analysis pitched just right, and the underlying themes of fair treatment, dignity, and inequality of treatment based on race are well-developed." -- Barry R. Furrow * Director, the Health Law Program, Thomas R. Kline School of Law, Drexel University *"Engaging, conversational, thought-provoking...McClellan's writing blends ethical arguments, a lay person's understandings of dignity, and legal frameworks very well. I felt as I was reading that someone was clearly and carefully walking me through stories about human dignity, medicine, and the law. His is a very humanistic legal gaze." -- Nora L. Jones * Director of Bioethics Education, Center for Bioethics, Urban Health and Policy, Temple University *"McClellan...maintains that violation of the trust between physician and patient may result from conscious or unconscious bias against a specific group of people. Such violations repeat themselves in part due to the short memory of the public. Within this context, McClellan also stresses that the rule of law is central to protecting human dignity when patients are seeking health care. The negative influence on human dignity of racism, limited access, high cost, and power relationships in health care is at the heart of McClellan's argument. Recommended." * Choice *Table of ContentsPART ONE: FIGHTING FOR ACCESS TO CARE Introduction: Human Dignity as a Lived Experience 1 Healthcare and Law: Appreciating the Need to Protect Human Dignity: Law Matters: Law Matters: Introduction to the Powers and Limitations of American Law 2 Philosophical and Legal Conceptions of Dignity: Trusting Your Doctor: Defining Dignity: Law Matters. 3 Emergency Care in America: Law, Morality and Ethics “I’m nobody. Who are you? Are you nobody too?”: Economic vs. Moral Decision-Making: Seeking Help From Strangers: A Pregnant Woman: Reflections on Law, Morality and Ethics: The Wallet Biopsy: Patient Dumping PART TWO: POWER AND TRUST 4 Professional Bias, Class Bias, and Power: Emotional Distress: Abuse of Power, Intentional Torts and Dignitary Harms: Tort Law and Patient Autonomy 5 The Love Doctor: Sex and Gender Bias; Breach of Trust and Abuse of Power: Medical Ethics and Professional Power: Law matters 6 Innovative Therapy and Medical Experimentation: The Maverick Surgeon: Medical Experimentation on Children?: Law Matters: Legal Cases: Lessons Learned: Legal Regulation of Professional Medical Care: Trying a New Approach with a New Device: The Legal Rules Governing Medical Malpractice Claims: Medical Research, Ethics and Law: Lessons Learned PART THREE: RACISM IN HEALTHCARE: PRACITCE, POLICY AND LAW 7 Introduction: Perspectives on Racism: “Black People Just Don’t Understand”– the Botched Hysterectomy: Race, Healthcare, and Human Dignity 8 Healthcare Disparities as a Lived Experience: One Family’s Story: Unequal Community Access 9 Catastrophic Injuries: Protecting and Restoring Human Dignity: The Lawsuit That Lasted Ten Years: Life After A Catastrophic Injury: Reflections on Healthcare, Law and Catastrophic Injuries 10 Orthopedic Health Disparities: Grappling with Socioeconomic Factors that Affect Health and Healthcare: Being Human: Joint and Bone Health: Informed Consent and Shared Decision-Making: Toward Patient-Centered Care: Revisiting Kathy Jones 11 Paying for Healthcare Costs: Lessons From a 50-Year-Old Government Program Called Medicare: Sustainability Issue: Payment Models and Human Dignity: A Personal Story: Lessons from Managed Care: Setting Limits: Medicare for All?: The Fight Over Obamacare: 12 Health Care and Human Dignity in a Diverse and Changing World the Critical Role of Empathy, Compassion and Humility: Humility: Empathy: Conclusion

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Book SynopsisThe individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.Trade Review"This is an excellent book. The stories are terrific, the analysis pitched just right, and the underlying themes of fair treatment, dignity, and inequality of treatment based on race are well-developed." -- Barry R. Furrow * Director, the Health Law Program, Thomas R. Kline School of Law, Drexel University *"Engaging, conversational, thought-provoking...McClellan's writing blends ethical arguments, a lay person's understandings of dignity, and legal frameworks very well. I felt as I was reading that someone was clearly and carefully walking me through stories about human dignity, medicine, and the law. His is a very humanistic legal gaze." -- Nora L. Jones * Director of Bioethics Education, Center for Bioethics, Urban Health and Policy, Temple University *"McClellan...maintains that violation of the trust between physician and patient may result from conscious or unconscious bias against a specific group of people. Such violations repeat themselves in part due to the short memory of the public. Within this context, McClellan also stresses that the rule of law is central to protecting human dignity when patients are seeking health care. The negative influence on human dignity of racism, limited access, high cost, and power relationships in health care is at the heart of McClellan's argument. Recommended." * Choice *Table of ContentsPART ONE: FIGHTING FOR ACCESS TO CARE Introduction: Human Dignity as a Lived Experience 1 Healthcare and Law: Appreciating the Need to Protect Human Dignity: Law Matters: Law Matters: Introduction to the Powers and Limitations of American Law 2 Philosophical and Legal Conceptions of Dignity: Trusting Your Doctor: Defining Dignity: Law Matters. 3 Emergency Care in America: Law, Morality and Ethics “I’m nobody. Who are you? Are you nobody too?”: Economic vs. Moral Decision-Making: Seeking Help From Strangers: A Pregnant Woman: Reflections on Law, Morality and Ethics: The Wallet Biopsy: Patient Dumping PART TWO: POWER AND TRUST 4 Professional Bias, Class Bias, and Power: Emotional Distress: Abuse of Power, Intentional Torts and Dignitary Harms: Tort Law and Patient Autonomy 5 The Love Doctor: Sex and Gender Bias; Breach of Trust and Abuse of Power: Medical Ethics and Professional Power: Law matters 6 Innovative Therapy and Medical Experimentation: The Maverick Surgeon: Medical Experimentation on Children?: Law Matters: Legal Cases: Lessons Learned: Legal Regulation of Professional Medical Care: Trying a New Approach with a New Device: The Legal Rules Governing Medical Malpractice Claims: Medical Research, Ethics and Law: Lessons Learned PART THREE: RACISM IN HEALTHCARE: PRACITCE, POLICY AND LAW 7 Introduction: Perspectives on Racism: “Black People Just Don’t Understand”– the Botched Hysterectomy: Race, Healthcare, and Human Dignity 8 Healthcare Disparities as a Lived Experience: One Family’s Story: Unequal Community Access 9 Catastrophic Injuries: Protecting and Restoring Human Dignity: The Lawsuit That Lasted Ten Years: Life After A Catastrophic Injury: Reflections on Healthcare, Law and Catastrophic Injuries 10 Orthopedic Health Disparities: Grappling with Socioeconomic Factors that Affect Health and Healthcare: Being Human: Joint and Bone Health: Informed Consent and Shared Decision-Making: Toward Patient-Centered Care: Revisiting Kathy Jones 11 Paying for Healthcare Costs: Lessons From a 50-Year-Old Government Program Called Medicare: Sustainability Issue: Payment Models and Human Dignity: A Personal Story: Lessons from Managed Care: Setting Limits: Medicare for All?: The Fight Over Obamacare: 12 Health Care and Human Dignity in a Diverse and Changing World the Critical Role of Empathy, Compassion and Humility: Humility: Empathy: Conclusion

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Book SynopsisCelebrations of the “transgender tipping point” in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.Trade Review"The first in depth study of U.S. transgender immigration policy, On Transits and Transitions deftly illuminates the U.S immigration policy in which transgender became a recognized asylum seeker category. By brilliantly exploding the myth that more visibility and recognition for marginalized transgender people means expanded justice and equity, Josephson teaches us that citizenship and national belonging are not 'equal opportunity,' but are instead subject to inequitable racial, national, and gender hierarchies that persist even as we might assume they are improving."— Aren Z. Aizura, author of Mobile Subjects: Transnational Imaginaries of Gender Reassignment "Tristan Josephson critically examines how three very different policy regimes—asylum, immigration through marriage, and immigration detention—distill transgender migrants into the 'deserving' and everyone else. An indispensable contribution to the scholarship on trans migrants that exposes the limits of a politics of recognition."— Paisley Currah, author of Sex is as Sex Does: Governing Transgender IdentityTable of ContentsIntroduction 1 Visibility and Immutability in Asylum Law and Procedure 2 Desiring the Nation: Transgender Trauma in Asylum Declarations 3 Trans Citizenship: Marriage, Immigration, and Neoliberal Recognition 4 Transfer Points: Trans Migrants and Immigration Detention Coda Acknowledgments Notes Bibliography Index

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Book SynopsisCelebrations of the “transgender tipping point” in the second decade of the twenty-first century occurred at the same time of heightened debates and anxieties about immigration in the United States. On Transits and Transitions explores what the increased visibility of trans people in the public sphere means for trans migrants and provides a counter-narrative to the dominant discourse that the inclusion of transgender issues in law and policy represents the progression of legal equality for trans communities. Focusing on the intersection of immigration and trans rights, Josephson presents a careful and innovative examination of the processes by which the category of transgender is produced through and incorporated into the key areas of asylum law, marriage and immigration law, and immigration detention policies. Using mobility as a critical lens, On Transits and Transitions captures the insecurity and precarity created by U.S. immigration control and related processes of racialization to show how im/mobility conditions citizenship and national belonging for trans migrants in the United States.Trade Review"The first in depth study of U.S. transgender immigration policy, On Transits and Transitions deftly illuminates the U.S immigration policy in which transgender became a recognized asylum seeker category. By brilliantly exploding the myth that more visibility and recognition for marginalized transgender people means expanded justice and equity, Josephson teaches us that citizenship and national belonging are not 'equal opportunity,' but are instead subject to inequitable racial, national, and gender hierarchies that persist even as we might assume they are improving." -- Aren Z. Aizura * author of Mobile Subjects: Transnational Imaginaries of Gender Reassignment *"Tristan Josephson critically examines how three very different policy regimes—asylum, immigration through marriage, and immigration detention—distill transgender migrants into the 'deserving' and everyone else. An indispensable contribution to the scholarship on trans migrants that exposes the limits of a politics of recognition." -- Paisley Currah * author of Sex is as Sex Does: Governing Transgender Identity *Table of ContentsIntroduction1 Visibility and Immutability in Asylum Law and Procedure 2 Desiring the Nation: Transgender Trauma in Asylum Declarations 3 Trans Citizenship: Marriage, Immigration, and Neoliberal Recognition 4 Transfer Points: Trans Migrants and Immigration Detention Coda AcknowledgmentsNotesBibliography Index

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Book SynopsisThe Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Book SynopsisWith hundreds of references to the jurisprudence of United Nations human rights mechanisms, this handbook provides human rights and electoral practitioners with a clear picture of the close interplay between elections and international human rights law. The handbook discusses international human rights standards regarding electoral processes and political participation, and how these standards apply to specific aspects of elections. Current issues such as gender-based violence in politics, disinformation and data manipulation, and the impact of Internet shutdowns are considered in the light of international human rights law and the recommendations of United Nations experts

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