Public international law: human rights Books

Book SynopsisThis is the first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'. The book analyses jurisprudence from Africa, Europe, North America and Oceania from multi-disciplinary perspectives. Drawing on feminist theory, the book examines the role gender plays in these contentious judgments.Trade Review'Protection from Refuge is a masterful study of litigation in refugees' journeys, vividly illustrating how demands for sanctuary inevitably reach well beyond mere survival. In doing so, Ogg's insightful contribution provides a critical rejoinder to recent pessimism about law in countering border violence. Her sophisticated work will therefore prove crucial both for theoretical scholars and for strategic practitioners.' Itamar Mann, Professor of Law, University of Haifa'Kate Ogg's fascinating book opens our eyes to the challenges faced by refugees within countries of purported refuge, as their attempts to secure protection are thwarted in both a physical and a legal sense. It is a compelling and original contribution to refugee law scholarship.' Jane McAdam, Scientia Professor of Law, UNSW Law & Justice'Challenging orthodox thinking, Ogg provides a unique study of the role played by different national courts along refugees' often precarious journeys. The rich material covered will make this volume indispensable to anyone working on accountability for refugee rights violations. Drawing on theory and concepts from a wide range of other disciplines Ogg further makes an important contribution to our understanding of the concept 'refuge'.' Thomas Gammeltoft-Hansen, Professor WSR in Migration and Refugee Law, University of Copenhagen'Foregrounding the lived experiences of refugees, particularly women and girls, this readable and meticulously researched book explores judicial relief from places of 'refuge' such as refugee camps or so-called 'safe third countries'. The book is essential reading for policymakers, judges and other decision-makers, scholars and all who care about meaningful refugee protection.' Penelope Mathew, Dean of Law, Auckland Law SchoolTable of Contents1. Journeys in search of refuge; 2. Refuge as a concept and place; 3. Using human and refugee rights to resist encampment; 4. Using human rights law to travel in search of refuge in Europe; 5. Direct challenges to regional containment instruments; 6. Seeking refuge as a Palestinian refugee; 7. Resisting the prospect of refuge in an IDP camp; 8. Elusive refuge; Index.

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Book SynopsisThe only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by ''further reflections'' and ''critical debate'' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that oTrade ReviewA major contribution from Latin America to the core issues of international human rights law by two talented international legal scholars of different generations which provides important insights into the doctrines as well as legal analysis of the normative framework. * Professor Mónica Pinto, Professor Emerita of International Law and Human Rights Law, University of Buenos Aires *This is an invaluable contribution to the study of international human rights law. The authors bring both sense and sensibility to bear on an array of important topics and what emerges is a highly distinctive and potentially transformative resource. * Professor Natasa Mavronicola, Professor of Human Rights Law, University of Birmingham *A succinct and very insightful account of international human rights law, and an excellent example of a collaborative approach between human rights theory and practice. * Professor Kanstantsin Dzehtsiarou, Professor in Human Rights Law and Director of the International Law and Human Rights Unit, University of Liverpool *A very useful textbook with accessible and clear structure. I love its modern approach to the classification of rightsthis is a textbook that belongs to our era. * Aikaterini Tsampi, Assistant Professor of Public International Law, University of Groningen *A very comprehensive discussion of the major, foundational themes in international human rights law, with a critical, yet constructive approach and with an eye for cultural, political and regional differences. * Marjolein van den Brink, Senior Lecturer in Law, Utrecht University *Excellent. The coverage and ability to convey a lot of technical detail in such an interesting and accessible way is most impressive. It ensures that the impact of Judge Trindades work will continue into the next generation. * Elizabeth Craig, Senior Lecturer in Law, University of Sussex *A contemporary, broad but in-depth review of international human rights law, showing a clear mastery of associated scholarshipa great, well-written textbook. * Dr Nicolas Kang-Riou, Senior Lecturer in Law, University of Lincoln *Table of ContentsPart 1: Foundations, history, and legal framework 1: Human rights 2: The development of the International Law of Human Rights 3: The normative framework of human rights under international law Part 2: The universal system 4: The United Nations Charter-based bodies 5: The United Nations Treaty (Monitoring) Bodies Part 3: Regional systems 6: The Inter-American Human Rights System 7: The European Human Rights System 8: The African Human Rights System Part 4: Substantive rights 9: The International Protection of Substantive Rights (I) 10: The International Protection of Substantive Rights (II)

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Book SynopsisWhen refugees flee war and persecution, protection and assistance are usually provided by United Nations organisations and their NGO implementing partners. In camps and cities, the dominant humanitarian model remains premised upon a provider-beneficiary relationship. In parallel to this model, however, is a largely neglected story: refugees themselves frequently mobilise to create organisations or networks as alternative providers of social protection. Based on fieldwork in refugee camps and cities in Uganda and Kenya, this book examines how refugee-led organisations emerge, the forms they take, and their interactions with international institutions. Developing an original theoretical framework based on the concept of ''the global governed'', the book shows how power and hierarchy mediate the seemingly benign notion of protection. Drawing upon ideas from anthropology and international relations, it offers an alternative vision for more participatory global governance, of relevance to oTrade Review'The Global Governed? is a detailed examination of the (underappreciated) role of refugee-led organisations at the local level. Theoretically grounded and empirically rich, the book portrays a wide range of social protection activities undertaken by refugees for refugees. Adopting a bottom-up approach, it shows both the possibility of, and barriers to, participation of refugees in global governance.' T. Alexander Aleinikoff, Professor at the New School, New York, Director of the Zolberg Institute on Migration and Mobility'The Global Governed? draws on the best tradition of Oxford University's Refugee Studies Centre and its founder, Barbara Harrell-Bond, by starting from the premise that refugees, no matter how destitute and vulnerable, are always actively trying to help themselves. They do not sit back and wait for assistance or for someone else to protect them, but work together to get what they need. By focusing on refugee community organisations, the authors shine a light into the relationships of power that often work against such self-help. They recognise the complexity of different forms of refugee community organising. This book provides a welcome contribution to understanding the political economy of refugee contexts, but is also relevant to policymakers and aid providers seeking to support refugee populations and to localise approaches to humanitarian and development assistance.' Laura Hammond, Professor in the Department of Development Studies, SOAS University of London'Pincock, Betts, and Easton-Calabria (all, Univ. of Oxford, UK) have combined their expertise and fieldwork to produce this excellent comparison of four major refugee sites in East Africa-Kampala and Nakivale in Uganda, and Nairobi and Kakuma in Kenya … Because of the tight four-site comparison, this would be an excellent text for discussion in upper-level undergraduate and graduate courses on refugees, or on humanitarian action in general.' D. W. Haines, ChoiceTable of Contents1. Introduction; 2. Theoretical framework; 3. Kampala; 4. Nakivale; 5. Nairobi; 6. Kakuma; Conclusion.

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Book SynopsisDo animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book’s companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.Trade ReviewI think this is an absolutely fantastic book and will be a great resource for students. -- Russil Durrant * Victoria University of Wellington *Table of ContentsIntroduction 1. The Current Legal Status of Animals I. Introduction II. The Property Status of Animals III. Legislation Protecting Animals IV. Constitutional Law V. International Law VI. Animal Protection Laws in Practice VII. Conclusion 2. Welfarism vs Abolitionism, a Dichotomy? I. Introduction II. Classic Welfarism III. Abolitionism IV. New Welfarism V. Beyond the Dichotomy VI. Conclusion 3. Philosophical Foundations of Animal Rights I. Introduction II. Peter Singer’s Utilitarianism III. Tom Regan’s Deontological Approach IV. Martha Nussbaum’s Capabilities Approach V. Sue Donaldson and Will Kymlicka’s Political Theory VI. Critical Approaches to Animal Rights VII. Conclusion 4. The Legal Theory of Animal Rights I. Introduction II. Are Animals Fit to have Legal Rights? III. Do Animals Already have Legal Rights? IV. Would Animals Need to Become Legal Persons? V. Conclusion 5. Animal Rights and Human Rights I. Introduction II. Should Only Humans have Human Rights? III. Should Animals have Similar Rights to Humans? IV. How Could Human and Animal Rights be Reconciled Legally? V. Conclusion 6. Animal Rights in Litigation I. Introduction II. Animals and the Issue of Legal Standing to Bring an Action III. Animals as Subjects of Habeas Corpus IV. Fundamental Rights and Personhood Litigation Beyond Habeas Corpus V. Conclusion 7. Animal Rights in Legislation I. Introduction II. Domestic Proposals for Animal Rights Laws III. International Proposals for Animal Rights Laws IV. Drafting Animal Rights Laws V. Conclusion 8. Animal Rights as a Social Justice Movement I. Introduction II. The Animal Rights Movement as Abolitionist III. Animal Rights and Connections with Other Rights Movements IV. Learning Lessons V. Conclusion Conclusion

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Book SynopsisThe harrowing story of a woman who escaped famine and terror in North Korea, not once but twice.A gripping, suspenseful and cathartic memoir that tells a story of pain and perseverance and makes the moral case for asylum.' David Lammy MPNorth Korea is an open-air prison from which there is no escape. Only a handful of men and women have succeeded.Jihyun Park is one of these rare survivors. Twice she left the land of the socialist miracle' to flee famine and dictatorship.By the age of 29 she had already witnessed a lifetime of suffering. Family members had died of starvation; her brother was beaten nearly to death by soldiers. Even smiling and laughing was discouraged.The first time she ran, she was forced abandon her father on his deathbed crossing the border under a hail of bullets. In China she was sold to a farmer, with whom she had a son, before being denounced and forcibly returned to North Korea.Six months later guards abandoned her, injured, outside a prison camp. She recoveredTrade ReviewA Washington Post noteworthy book ‘I am still reeling. … How does one person carry so much — the pain of a family lost and life destroyed, and the joy and challenge of a new family and a new life in such an unfamiliar place?’ Financial Times ‘A gripping, suspenseful and cathartic memoir that tells a story of pain and perseverance and makes the moral case for asylum.’ David Lammy MP ‘A moving and insightful account of how tyrannical governance can squeeze all the joy and almost all the humanity out of its subjects and drain them of any power to revolt.’ Geoffrey Robertson KC ‘Extraordinary. … Elegantly written, reflective, wise, sad and at times almost unbearably painful.’ Marcel Theroux ‘Park’s story is shocking and a testament to her resilience.’ The Telegraph ‘Detailed and damning.’ TLS ‘Brave, tender, and intimate … A frank and balanced view of the reality of life under a dictatorship.’ Kirkus ‘A compelling and well-written account of life inside (and outside of) North Korea. Moving without being sentimental, comprehensive but never dry.’ Daniel Tudor, author of North Korea Confidential ‘An incredible story of survival and escape that provides tremendous insight … Anyone who wants to understand North Korea and be inspired by the strength of a true survivor must read this book.’ War on the Rocks ‘Courage and sacrifice befall few. Jihyun is one of those few. This fascinating and shocking book allows us to stand with Jihyun and others like her.’ Lord David Alton, Chairman of the British-DPRK All-Party Parliamentary Group ‘A riveting story of pain, suffering, starvation, betrayal, abandonment, and ultimately redemption. This deeply personal tale offers profound insights on human nature and the inhumanity of the North Korean state. Jihyun Park’s courage is a true inspiration.’ Professor Sung-Yoon Lee, author of The Sister

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Book SynopsisA critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions.Trade Review'The book many of us have been waiting for - brilliant, radical, and essential thinking for our times.' -- Aziz Choudry, Canada Research Chair in Social Movement Learning and Knowledge Production, McGill University'A brilliant interrogation of the powerful hold the concept of rights has over social movements ... An absolute must read for everybody concerned with rights as a means for realising justice' -- Sunera Thobani, Asian Studies/Critical Race Feminist Studies, University of British Columbia'This persuasively written book helps us to trace the location of rights in capitalism and imperialism' -- Shahrzad Mojab, Professor in the Department of Leadership, Higher and Adult Education, University of Toronto, and co-author of Revolutionary Learning (Pluto, 2017)Table of ContentsAcknowledgements Abbreviations Preface Part I: The Rights Resurgence 1. Social Movements, Law and Liberal Imaginations 2. What’s Wrong With Rights? 3. Rights in the ‘Epoch of Imperialism’ Part II: Re-Scripting Rights 4. International Election Monitoring: From ‘Will of the People’ to the ‘Right to Free and Fair Elections’ 5. The Rights of Victims: From Authorisation to Accountability 6. Intangible Property Rights: The IMF as Underwriters 7. Rights in International Neoliberal Risk-Governance Regime Part III: Concluding Reflections 8. Rights and Social Movements in the ‘Epoch of Imperialism' Postscript Notes Index

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Book SynopsisLocating assisted suicide within the broader medical end-of-life context and drawing on the empirical data available from the increasing number of permissive jurisdictions, this book provides a novel examination of the human rights implications of the prohibition on assisted suicide in England and Wales and beyond. Assisted suicide is a contentious topic and one which has been the subject of judicial and academic debate internationally. The central objective of the book is to approach the question of the ban's compatibility with the European Convention on Human Rights afresh; freed from the constraints of the existing case law and its erroneous approach to the legal issues and selective reliance on empirical data. The book also examines the compatibility of the ban on assisted suicide with rights which have either been erroneously disregarded or not considered by either the domestic courts or the European Court of Human Rights. Having regard to human rights jurisprudence more broadlTable of ContentsIntroductionChapter 1:The Legal Status of End-of-Life Practices: A Comparative Introduction Chapter 2: Protecting Life and Assisting Death: Is Not Allowing Assisted Suicide a Violation of the Right to Life? Chapter 3: Freedom from Torture or Inhuman or Degrading Treatment: Does the Prohibition on Assisted Suicide Constitute Ill-Treatment? Chapter 4: The Right to Choose the Manner and Timing of One's Death: A Re-examination of the Proportionality of the Ban on Assisted Suicide Chapter 5: Justifying the Ban on Assisted Suicide: The Empirical Evidence Chapter 6: Differential Treatment of End-of-Life Practices: Discrimination under Article 14 of the ECHRConclusions

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Book SynopsisIn this landmark study, a thorough audit of British compliance with international human rights standards is carried out. The book identifies 42 violations and 22 near-violationsor causes for concern.Trade Review'Vital reading for all people who want authoritative evaluation of the state of civil liberties and political rights in Britain today. The analysis is lucid, balanced and scholarly.'- Helena Kennedy QCTable of ContentsList of figures, tables and boxes, Foreword, Acknowledgements, List of abbreviations and acronyms, How to use this book, Part I Introduction, Part 2 The UK Framework for Protecting Rights, Part 3 Political Rights and Freedoms—The Audit, Part 4 The Balance Sheet, Table of cases, Bibliography and sources, Index

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Book SynopsisIn The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized. Taylor introduces the concept of ''embedding'' constitutional law to clarify how particular visions of law come to take root both socially and legally. Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims. These interactions ultimately construct the content and strength of the constitutional order. Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

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Book SynopsisThis Analysis of legal responses to enforced disappearances through the practical functioning of UN standards and mechanisms in various regions will be of interest to human rights scholars and practitioners. This title is also available as open access on Cambridge Core.

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Book SynopsisInternational Organizations and the Law addresses the laws relating to international organizations, their undertakings and the ways in which specific international organizations function and interact with one another.Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization. The second edition has been fully revised and updated to include coverage of the COVID-19 pandemic and its impact on the functions of international organizations; the invasion of Ukraine and theTable of Contents1. Introduction 2. History, the United Nations Charter and Vienna Conventions 3. Membership and membership powers 4. Voting rights and allotments 5. Organization functions and structure 6. Punishment, suspension and expulsion of errant Member States 7. Diplomatic rights versus international organization rights 8. Headquarters agreements of international organizations 9. Promulgation of international instruments under the auspices of international organizations 10. Dispute settlement in international organizations 11. Termination of an international organization 12. The United Nations system 13. International criminal courts 14. Regional organizations 15. Trade, finance and banking organizations 16. Sector and industry-focused organizations 17. Military and policing organizations 18. Human rights organizations and bodies 19. Environmental organizations 20. International Organizations and Covid-19 Responses 21. International Organizations and the Invasion of Ukraine 22. Conclusion

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Book SynopsisThis new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation. The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulTrade Review'Principles of International Environmental Law remains the definitive treatise on this vitally important area of international law. The international community faces unprecedented environmental challenges and this work provides a comprehensive assessment of the capacity of environmental norms and institutions to address these threats. The work is an essential reference for anyone interested in the role of international law in preserving a safe operating space for humanity and the environmental systems we depend on in the Anthropocene.' Tim Stephens, University of Sydney Law School'This book makes one reality brutally clear - that international environmental law cannot and must not be viewed as a subject for international lawyers, scholars, and students to alone savour. Rather, this book illuminates the complex, and often-hidden, ways in which international environmental law permeates both the study and practice of law much more generally. Simply put, this is exactly the book that will allow international environmental law to escape its specialist field billing and to capture the wide attention of all those seeking to understand law and its relationship to the future of this planet.' Natasha Affolder, University of British Columbia'International environmental law continues to grow in significance and complexity. This new edition by two of the leading contemporary experts in the field is welcome and timely. It provides what must be the most comprehensive and accessible account of the key treaties relating to the environment and the underlying environmental principles of international law. The treatment of international trade and investment law as it affects the environment is especially valuable.' Richard Macrory, Emeritus Professor of Environmental Law, University College London'This is a 'must have' volume for all interested in international environmental law. It is remarkable in its scope and ambition. It locates the subject within the broader framework of public international law and is attuned to contemporary developments in governance practice and theory as well as law. One can only wonder at the breadth of knowledge and insight of the authors.' Joanne Scott, European University Institute, Florence'This fourth edition of Principles of International Environmental Law firmly establishes this classic text as the authoritative guide for academics, practitioners and students alike. Written in an accessible manner and clearly structured, this book offers a comprehensive overview of the rules of public international law that have environmental protection as their goal. The authors have succeeded in striking the right balance between breadth of coverage and analytical depth. This book is, indeed, a treasure trove of knowledge and information.' Jolene Lin, National University of Singapore and author of Governing Climate Change: Global Cities and Transnational LawmakingTable of ContentsPart I. The Legal and Institutional Framework: 1. The environment and international society: issues, concepts and definitions; 2. History; 3. Governance: states, international organisations and non-state actors; 4. International law-making and regulation; 5. Compliance: implementation, enforcement, dispute settlement; Part II. Principles and Rules Establishing Standards: 6. General principles and rules; 7. Atmospheric protection; 8. Climate change; 9. Freshwater resources; 10. Biological diversity; 11. Oceans, seas and marine living resources; 12. Hazardous substances and activities, and waste; 13. The Polar regions: Antarctica and the Arctic; Part III. Techniques for Implementing International Principles and Rules: 14. Environmental impact assessment; 15. Environmental information and technology transfer; 16. Liability for environmental damage; Part IV. Linkage of International Environmental Law and Other Areas of International Law: 17. Human rights and international humanitarian law; 18. International economic law: trade, investment and intellectual property; 19. Future developments.

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Book Synopsis Since the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.Trade Review “Focusing on such disparate and under-explored topics as corporate conduct during the Holocaust, the changing nature of European nations’ reparations practices, and the quality of postwar American military commission trials (as distinct from the IMT Nuremberg prosecution), Goda has assembled a fascinating and informative collection of essays. The book not only explores these matters, but each essay provides lavish footnotes and a detailed ‘select bibliography’ to facilitate further inquiry.” • American Historical Review “This volume is a tremendously exciting and thought-provoking exploration of understudied aspects of Holocaust justice. It fills a major lacuna in the literature.” • Katrin Paehler, author of The Third Reich's Intelligence Services: The Career of Walter Schellenberg “This is an exceptional collection. It assembles interesting and often methodologically innovative chapters that contribute genuinely new knowledge to the field of Holocaust justice.” • Hilary Earl, Nipissing UniversityTable of Contents Figures Acknowledgments Abbreviations A Note on Editing Introduction Norman J.W. Goda PART I: LITERARY AND RELIGIOUS APPROACHES TO HOLOCAUST JUSTICE Chapter 1. Before the Law: The Poetics of Justice in Hannah Arendt's Eichmann in Jerusalem Eric Kligerman Chapter 2. Criminal Trials as Rituals of Purification Katharina von Kellenbach PART II: TESTIMONY AND NARRATIVE Chapter 3. What Kind of Narrative is Legal Testimony? Terezín Witnesses Before of Czechoslovak, Austrian, and German Courts Anna Hájková Chapter 4. 
A Morality of Evil:
Nazi Ethics and the Defense Strategies of German Perpetrators Kerstin von Lingen PART III: APPROACHES TO JUSTICE IN THE KILLING FIELDS Chapter 5. The “Second Wave” of Soviet Justice: The 1960s War Crimes Trials Alexander V. Prusin Chapter 6. “Not quite Klaus Barbie, but in that Category” Mykola Lebed, the CIA, and the Airbrushing of the Past Per Anders Rudling Chapter 7. Convicting the Cog: The Munich Trial of John Demjanjuk Lawrence Douglas PART IV: RETHINKING APPROACHES TO HOLOCAUST RESTITUTION Chapter 8. Reparations, Victims, and Trauma in the Wake of the Holocaust Regula Ludi Chapter 9. Achieving a Measure of Justice and Writing Holocaust History through US Restitution Litigation Michael J. Bazyler Chapter 10. The Fortunate Possessor: The Case of Gustav Klimt’s Beethoven Frieze Sophie Lillie PART V: RETURNING TO NUREMBERG Chapter 11. Judging from Without: German Clergy, Public Pressure, and Postwar Justice JonDavid K. Wyneken Chapter 12. Rough Justice and the US Approach to War Crimes Prosecution: Dachau, Guantanamo Bay, and the Nuremberg Exception Tomaz Jardim Index

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Book SynopsisAt the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the ''law of work'', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

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Book SynopsisWritten by leading experts in the field, this compelling textbook explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making International Human Rights Law the ideal companion for students of human rights.Digital formatsThis fourth edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksTable of ContentsPart I: Foundations 1: Ed Bates: History 2: Samantha Besson: Justifications 3: Marie-Bénédicte Dembour: CritiquesPart II: International Law 4: Christine Chinkin: Sources 5: Frédéric Mégret: Special character 6: Sarah Joseph and Barrie Sander: Scope of application 7: Katharine G Young: Rights and obligationsPart III: Substantive Rights 8: Daniel Moeckli: Equality and non-discrimination 9: Carla Ferstman: Integrity of the person 10: Asbjørn Eide and Wenche Barth Eide: Adequate standard of living 11: Dominic McGoldrick: Thought, expression, association, and assembly 12: Fons Coomans: Education and work 13: Sangeeta Shah: Detention and trial 14: Julie Ringelheim: Cultural Rights 15: Michael O'Flaherty: Sexual orientation and gender identity 16: Dianne Otto: Women's rights 17: Aoife Nolan: Children's rights 18: Robert McCorquodale: Group rightsPart IV: Protection 19: Jane Connors and Sangeeta Shah: United Nations 20: Basak Çali: Regional protection 21: Thomas Antkowiak: The Americas 22: Steven Greer and Lewis Graham: Europe 23: Christof Heyns and Magnus Killander: Africa 24: Andrew Byrnes and Catherine Renshaw: Within the statePart V: Linkages 25: Sandesh Sivakumaran: International humanitarian law 26: Robert Cryer: International criminal law 27: Alice Edwards: International refugee lawPart IV: Challenges 28: Andrew Clapham: Non-state actors 29: Martin Scheinin: Terrorism 30: Stephen Marks: Poverty 31: Lavanya Rajamani: Climate change 32: Meghna Abraham: Pandemics

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Book SynopsisAcclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations.

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Book SynopsisKey Facts Key Cases: Human Rights will ensure you grasp the main concepts of your Human Rights module with ease. This book explains the facts and associated case law for: What human rights apply in the United Kingdom, Europe and other parts of the world The European Convention on Human Rights and the Human Rights Act How the various rights, freedoms and prohibitions which now pervade English law operate How rights affect important issues including discrimination, public order, police powers and terrorism How human rights operate in the global and other continental regional contexts Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition Table of Contents1. Introduction 2. European Convention on Human Rights 3. The Human Rights Act 4. The Right to Life 5. Torture, inhuman or degrading treatment or punishment 6. Public order, police powers, freedom of assembly 7. Rights to Liberty, Security and Fair Trial 8. Freedom of expression 9. Privacy, family life and marriage 10. Discrimination 11. Terrorism and counter-terrorism measures 12. Freedom of thought, conscience and religion 13. Human Property Rights 14. Themes, issues and the future 15. Global and regional human rights

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Book SynopsisThis book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms âœa constructive bridge of knowledgeâ between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance.Biotechnology is sometimes regarded as a panacea for modern-day challenges, such as feeding a growing world population and counteracting climate-change problems, and a means of offering significant economic opportunities. However, biotechnology can present uncertain, though serious, risks to human health and the environment (i.e., biosafety). Tr

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Book SynopsisThis book investigates the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed âœchurch autonomyâ or, more recently, âœcorporate religious freedomâ.The volume explores how, in the wake of a decade of US Supreme Court case law, corporate religious freedom is now increasingly being extended to protect the religious liberty of another corporate entity: the for-profit corporation. By exposing this shift from church to business autonomy in American law, it is argued that a similar narrative has also begun to take place in Europe. Through a comparative and interdisciplinary approach to corporate religious freedom, the work provides the reader with a new, comprehensive, and easily accessible history of the genesis and evolution of this legal category in American and European law.The book combine

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Book SynopsisJapan has faced widespread scrutiny for failing to properly address international parental child abduction involving its citizens. This book examines how and why Japan has come to have this tarnished image, its response, and how it might manage these disputes in the future. In particular, the book explores how Japan engages with international legal frameworks to manage international parental child abduction and what this means, in reality, for Japanese people and others who come under its wide umbrella. A focus of this examination is how the key international treaty, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, has fared since being introduced in Japan in 2014. Case studies of parental child abduction involving Japan are used throughout to illustrate the legal and social concepts discussed in the book. The struggles of both abducting and left-behind parents across fluid international borders reveal seismic social and philosoph

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Book SynopsisProposing a systematic analytical framework which assists in understanding and applying the international law regime governing State ocean jurisdiction with a view to improved ocean governance for sustainable development, this book distinguishes between, and focuses on, the form, the ground, the scope and the purpose of State ocean jurisdiction. Defining jurisdiction as the international-law authority of a State to be involved in a factual matter on the basis of a valid legal ground to perform authoritative acts impacting on that matter, it disaggregates the concept the complexity of which often leads to States failing to make full use of their existing ocean jurisdictions. In the process, it identifies when and to what extent there are gaps and overlaps of jurisdictions. Bringing clarity on an inevitably complex and often misunderstood framework that is aimed at striking a universally accepted balance of competing interests, the book lays the foundation for future research, contextualising the position of State ocean jurisdiction not only in terms of ocean governance, but in the whole of public international law. With an original systematic focus on State ocean jurisdiction, the book will be of interest to academics, students and practitioners working in the areas of international law of the sea, ocean governance, human rights and environmental law.

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Book SynopsisRecent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.Trade Review...there is plenty here to both introduce scholars to current critical debates and problems, and at the same time to suggest important points of departure for further research. -- Bernard Keenan, Department of Law, London School of Economics and Political Science * International Journal of Law and Information Technology *In this book, issues of privacy and surveillance are explored from a domestic, comparative and transatlantic perspective as well as from the perspective of private corporations, non-governmental organizations and oversight authorities. Thus, it gives a comprehensive overview about current transatlantic challenges and the perspectives involved. -- S-I Ghotra * European Review of Public Law *

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Book SynopsisSeeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women’s experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women’s perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.Trade ReviewA superb subtle analysis of transnational justice of women in Timor-Leste that combines detailed ethnological investigation with sophisticated theoretical analysis. A major contribution to the study of the complexities of the theory and practice of transnational justice. * Richard J Bernstein, New School for Social Research *Based on extensive fieldwork that involved interviewing women and policy-makers, this book offers innovative insights on the design and implementation of transitional justice in Timor-Leste (East Timor). Dr Perez Vasquez offers a masterful and critical overview of transitional justice laws and policies and the extent to which these are impacted by community and family relationships. A unique guide for academics and policy-makers wanting to understand the unfolding of transitional justice in local contexts as well as women's experiences in conflict and post-conflict situations. * Gentian Zyberi, Norwegian Centre for Human Rights, University of Oslo *Table of Contents1. Introduction: ‘The Blind Letters’ I. Transitional Justice: A Brief Overview II. Women’s Rights within Transitional Justice III. A Feminist Research IV. Ethics of the Research Undertaken V. Structure 2. Transitional Justice in Timor-Leste: ‘Loron Loron, Kalan Kalan’ I. The Background: History of Timor-Leste II. International Legal Framework III. Human Rights Violations IV. On Justice Received V. Access to Transitional Justice VI. Women’s Participation in Transitional Justice VII. Barriers Faced by Women When They Access Transitional Justice VIII. Conclusions 3. Silence and Memory: ‘They are Waiting for Us to Die’ I. Women’s Silence and Lack of Recognition after a Conflict II. On Women’s Silence in Timor-Leste III. On Memory: Hyper-Masculinisation of Society and National Identity IV. The Continuum of Violations against Women V. What Women Want VI. Conclusions 4. Women and Prosecution: ‘We Captured the Dogs But Not the Owners of the Dogs’ I. Prosecutions in Timor-Leste II. The Legislation III. Accounts of Crimes Committed against Women IV. The Public: The Investigations V. The Public: The Proceedings VI. The Private Interference VII. Sentences, Women and the Follow-Up VIII. Conclusions 5. Women, Truth and Reconciliation: ‘Here Comes the Victim’ I. The CAVR II. Focus of the CAVR on Women III. The CTF and its Focus on Women IV. Women’s Participation V. Different Reconciliation Discourses VI. Women’s Healing and the Understanding of Truth VII. Women’s Recognition and Political Follow-Up VIII. Conclusions 6. Women’s Access to Reparations: ‘Men Were the Most Affected’ I. The Complexity of Reparations II. Reparations Provided by the UN, Including the Special Panels III. Reparations Provided by the Truth Commissions IV. Reparations Established in the Chega! Report V. Reparations Provided by the Timorese State VI. The Way Forward VII. Conclusions 7. Women’s Access to Post-conflict Benefits: ‘Because I Did Not Hold a Gun’ I. DDR, Veterans’ Pensions and the Exclusion of Women II. The Veterans’ Pensions in Timor-Leste III. The Veterans’ Pension Law and Discrimination against Women IV. The Implementation: Local Committees of Veterans and the Private Dynamics V. Getting More Private: The Pensions within the Family VI. (Un)Expected Effects of the Timorese Veterans’ Pensions VII. The Limits of the Discourse on Rights VIII. Conclusions 8. Conclusions: ‘So it Does Not Happen Again’

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Book SynopsisAvailable open access digitally under CC-BY-NC-ND licence. This book examines how governments misuse detention to abuse power, suppress dissent and maintain social hierarchies. Proposing solutions for future policy, this is a call for greater respect for the rule of law and human rights.

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Book SynopsisRebuilding societies where conflict has occurred is rarely a simple process, but where conflict has been accompanied by gross and systematic violations of human rights, the procedure becomes fraught with controversy. This volume brings together eminent scholars and practitioners with direct experience of some of the most challenging contemporary cases of international justice, and illustrates that justice and accountability remain complex ideals.

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Book SynopsisThe Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with Trade ReviewBy far the most comprehensive and up to date reference work in international refugee law ... the Handbook provides an excellent starting point for any academic research project in this area ... the Handbook will soon become an integral part in the standard canon of books on international refugee law and a valuable resource for students, scholars, and practitioners alike. * Jan-Phillip Graf, Journal of International Law of Peace and Armed Conflict *If you are interested in widening and deepening your knowledge and understanding of the global system of refugee law and protection, this handbook is an invaluable entry point... The handbook stands as a state of the art review of international refugee law and scholarship by some of the most prominent and well respected writers and thinkers in the field. * Colin Yeo, Free Movement *Table of ContentsPart I. International Refugee Law: Reflections on the Scholarly Field 1: International Refugee Law in the Early Years 2: Race, Refugees, and International Law 3: A Feminist Appraisal of International Refugee Law 4: Queering International Refugee Law 5: The Politics of International Refugee Law 6: The Ethics of International Refugee Protection 7: Refugees as Migrants 8: The Intersection of International Refugee Law and International Statelessness LawPart II. Sources 9: The Architecture of the UN Refugee Convention and Protocol 10: The Office of the United Nations High Commissioner for Refugees 11: Moving Towards an Integrated Approach of Refugee Law and Human Rights Law 12: International Humanitarian Law and Refugee Protection 13: Customary Refugee Law 14: National Constitutions and Refugee ProtectionPart III. Regional Regimes 15: Regional Refugee Regimes: Africa 16: Regional Refugee Regimes: North America 17: Regional Refugee Regimes: Latin America 18: Regional Refugee Regimes: Middle East 19: Regional Refugee Regime: Europe 20: Regional Refugee Regimes: Central Asia 21: Regional Refugee Regimes: East Asia 22: Regional Refugee Regimes: South Asia 23: Regional Refugee Regimes: Southeast Asia 24: Refugee Regimes: OceaniaPart IV. Access to Protection and International Responsibility-Sharing 25: Sharing of Responsibilities for the International Protection of Refugees 26: Protection at Sea and the Denial of Asylum 27: Extraterritorial Migration Control and Deterrence 28: The Evolution of Safe Third Country Law and Practice 29: Human Smuggling and Refugees 30: Human Trafficking and Refugees 31: Refugee Status Determination 32: Asylum Procedures 33: Credibility, Reliability, and Evidential AssessmentPart IV. The Scope of Refugee Protection 34: The International and Regional Refugee Definitions Compared 35: UNRWA and Palestine Refugees 36: Complementary Protection 37: Temporary Protection and Temporary Refuge 38: The Internal Protection Alternative 39: Exclusion 40: Women in Refugee Jurisprudence 41: Child Refugees 42: Sexual Orientation and Gender Identity in Refugee Claims 43: Protecting Refugees with Disabilities 44: Stateless Refugees 45: Conflict Refugees 46: Displacement in the context of Climate Change and Disasters 47: Internal DisplacementPart V. Refugee Rights and Realities 48: The Right to Asylum 49: National Constitutions and the Right to Asylum 50: Non-refoulement 51: Non-penalization and non-criminalization 52: The Right to Liberty 53: The Right to Work 54: The Right to Education 55: The Right to Family Reunification 56: The Digital Transformation of Refugee GovernancePart VI. The End of Refugeehood - Cessation and Durable Solutions 57: Cessation 58: Refugee Naturalization and Integration 59: Reimagining Voluntary Repatriation 60: Resettlement 61: Onward MigrationPart VII. Accountability for Displacement and Refugee Rights Violations 62: Restitution and Other Remedies for Refugees and Internally Displaced Persons 63: The Responsibility of Armed Groups concerning Displacement 64: The Accountability of International Organizations in Refugee and Migration Law 65: Border Crimes as Crimes against Humanity

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Book Synopsis1994 is the International Year of the Family, and debates about the rights of the child are once again at the top of the national and international legal and political agenda. Yet in places of armed conflict all over the world tens of thousands of children are recruited to fight in bloody conflicts, and their rights are systematically ignored and abused. In this path-breaking study, Professor Goodwin-Gill and Dr Cohn assess the status of the Child Soldier in international law and highlight the ways in which international humanitarian law fails to provide effective protection, particularly in the internal conflicts which are the most common battlefields today. Based upon empirical data gathered from places of conflict all over the world, the authors examine the consequences for child soldiers, their families and community of their participation in armed conflict. They conclude their study with practical suggestions for preventing recruitment, and call for a more coherent policy of treaTrade Review`a comprehensive analysis of a tragic, yet often neglected topic ... very well documented' NOD & Conversion`What makes this volume different is that the analytical prose is interspersed with photographs that would move the hardest heart. Each young child, weighed down with the trappings of modern weapons, makes a convincing argument for the need for a more effective international humanitarian law regime.' Times Higher Education SupplementCohn and Goodwin-Gill offer a comprehensive and compassionate analysis of the issue of child soldiers, which those who deal with the human consequences of conflict would do well to read. * Development in Practice *'thorough study written...adduces a wealth of information' * The American Journal of International Law *'long-overdue study...an invaluable addition to the body of information available to those such as lawyers, psychologists and policy-makers concerned with the plight of child soldiers and with the search for realistic responses and solutions to their problems.' * Child and Family Law Quarterly *

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Book SynopsisThe Palestinian refugee question, resulting from the events surrounding the birth of the state of Israel seventy years ago, remains one of the largest and most protracted refugee crises of the post-WWII era. Numbering over six million in the Middle East alone, Palestinian refugees'' status varies considerably according to the state or territory ''hosting'' them, the UN agency assisting them and political circumstances surrounding the Israeli-Palestinian conflict these refugees are naturally associated with. Despite being foundational to both the experience of the Palestinian refugees and the resolution of their plight, international law is often side-lined in political discussions concerning their fate. This compelling new book, building on the seminal contribution of the first edition (1998), offers a clear and comprehensive analysis of various areas of international law (including refugee law, human rights law, humanitarian law, the law relating to stateless persons, principles relatTrade Review"Palestinian Refugees in International Law" by Francesca P. Albanese and Lex Takkenberg is a fascinating, comprehensive book which meticulously lays out the case for the right of Palestinian refugees to return home and to be compensated for their 73-year dispossession ... * Sam Bahour, Palestinian-American business consultant from Ramallah/Al-Bireh in Occupied Palestine, +927 Magazine *The Palestinian refugee crisis is one of the world's most misunderstood issues, as well as a moral stain on the international community's conscience. If true change begins with understanding, then the second edition of Palestinian Refugees in International Law is an indispensable starting place. Accessible, deeply researched, and alive to the political and legal complexities of the refugee issue, this book is a lucid and responsible exploration of an enduring social problem that is too often shrouded in polemics and mythmaking. How I wish that more books on the Middle East were as intrepid and clear-sighted as this one. * Michael Lynk, Associate Professor of Law, Western University, London, Ontario and UN Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967 *Rather than merely an update of the first edition, this second edition of Palestinian Refugees in International Law is an expanded, all-encompassing overview and legal analysis of the complex plight of the Palestinian refugees from 1948 to the present. In view of their protracted time in exile - which should haunt us - and the recently tabled, partisan peace plan for the Middle East, the identification of the fundamental elements of a comprehensive refugee response framework for the eight million Palestinian refugees with which the book ends, could not have come at a better time. * Marjoleine Zieck, Professor of International Refugee Law, Amsterdam Law School, University of Amsterdam *The question of Palestinian refugees proves to be an indelible issue that has survived all challenges for over seventy years. This excellent book takes our understanding of Palestinian refugee rights under international law - with their historical, factual, and legal underpinnings - to a new horizon. It is at present the most thorough and most comprehensive treatise on this subject, and it will be unwise to address the Palestinian refugee issue without consulting it. It will no doubt stand as the bible on the Palestinian refugee question under international law for many years to come. * Anis Kassim, International Lawyer, Chief Editor of The Palestine Yearbook of International Law *Table of ContentsIntroduction PART ONE: Historical and legal foundations 1: An historical overview of the Palestinian refugee question 2: Palestinian refugees: a distinctive normative and institutional regime 3: On the application of international law to Palestinian refugees PART TWO: Seventy years of exile: Palestinian refugees around the world 4: The status of Palestinian refugees in the Middle East and North Africa: unpacking an unsettling solidarity 5: Palestinian 'diaspora' in Europe, the Americans, Asia-Pacific, and Africa PART THREE: Protection and solutions 6: Focusing on specific rights 7: Protection of Palestinian refugees 8: The quest for solutions

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Book SynopsisThis book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.Trade ReviewWritten in a personal and simple but not simplistic way with references to art, literature, films, and various statements and case law, it paints a nuanced picture of how the concept of war is used and abused. The book is a compilation of extensive doctrinal knowledge in all spectrums of war. * Maria Varaki, Leiden Journal of International Law *The book offers a forensic account of what international law has to say about war, drawing on a detailed reading of national and international legal instruments and dozens of legal cases. Clapham provides a comprehensive survey of legal debates, innovations and progress in the regulation of war. He pays equal attention to the causes of war--examining war declarations, the outlawing of war, the place of force in the UN Charter and the question of war powers--and to the regulation of its conduct, including the protection of civilians and other persons, the triggering of the laws of armed conflict and the question of belligerent rights in naval operations. * Alex J. Bellamy, University of Queensland, International Affairs *The book stands out as it comprehensively focalises on the legal dimension of war, whereas previous writings on war have covered its application in terms of policy instrument, rationalising planning and conduct of hostilities. * Atul Alexander and Sanyam Jha, Journal of Indian Law and Society *Here is an oeuvre which is at one and the same time a law book (you could teach a course out of it) and a book about the law (it does so much more than simply outline the law of armed conflict both jus ad and jus in). It contextualizes it, historicizes it, makes it human in its inhumanity (wonderful chapter on victims) ... If you are new to the subject (hard to imagine among readers of EJIL and ICON...) you could not find a better introduction. If you are an old hand, you will both profit and enjoy, maybe with a tinge of jealousy. * J. H. H. Weiler, New York University School of Law, ICONnect *The book War by law professor Andrew Clapham is a flash of light. It is a flash of light not only because it reveals the oft-neglected meanings of international rules on war, but also because it organically depicts the essential logics of functioning of the modern laws of war and patiently deals with its intrinsic aporias. * Martino Tognocchi, Global Intellectual History *

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Book SynopsisPost-Conflict Peacebuilding comes at a critical time for post-conflict peacebuilding. Its rapid move towards the top of the international political agenda has been accompanied by added scrutiny, as the international community seeks to meet the multi-dimensional challenges of building a just and sustainable peace in societies ravaged by war. Beyond the strictly operational dimension, there is considerable ambiguity in the concepts and terminology used to discuss post-conflict peacebuilding. This ambiguity undermines efforts to agree on common understandings of how peace can be most effectively ''built'', thereby impeding swift, coherent action. Accordingly, this lexicon aims to clarify and illuminate the multiple facets of post-conflict peacebuilding, by presenting its major themes and trends from an analytical perspective. To this end, the book opens with a general introduction on the concept of post-conflict peacebuilding, followed by twenty-six essays on its key elements (including cTrade ReviewThere is no question that the volume will help address a serious gap in peacebuilding research. The coverage of this book is impressive and many distinguished scholars involved in peacebuilding, particularly those who work on the legal aspects of peacemaking around the world, have contributed articles...The Lexicon provides a useful introduction to a complex and changing subject area in a lucid and engaging way. The book should be read widely. * Nana K. Poku, International Peacekeeping Journal 16 (4), 2009 *...a critical, clear-sighted work of research...the book deserves a wide readership among all sorts of peacebuilders in order to enable them to balance the sensitive elements of peacebuilding * Ursula Blanke-Kießling, German Yearbook of International Law *Table of ContentsIntroduction: Post-Conflict Peacebuilding- Ambiguity and Identity ; Capacity-building ; Civil-military Interface ; Civil Society ; Conflict Economies ; Conflict Transformation ; Democratic Governance ; Disarmament, Demobilisation and Reintegration ; Free and Fair Elections ; Human Security ; International Crimes ; Local Ownership ; Mine Action ; Non-state Actors ; Peace Operations ; Peace Process ; Private Sector ; Reconciliation ; Recovery ; Reparation ; Responsibility to Protect ; Return and Reintegration ; Rule of Law ; Security Sector Reform ; State-building ; Transitional Administration ; Transitional Justice

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Book SynopsisThis book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.Trade ReviewA much needed and welcomed addition in the English Language regarding the development of a deeply interesting system of protection of human rights. * Humberto Fernando Cantú Rivera, Institute of Legal Research of the UNAM *Table of ContentsPART I: PROCEDURAL GUARANTEES; PART II: SUBSTANTIVE GUARANTEES; APPENDICES; SOURCES AND TABLES; BIBLIOGRAPHY; INDEX

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Book SynopsisThe protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of Statesâ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerabTable of ContentsIntroduction 1. Introducing the International Legal Protection of Vulnerable Groups 2. The Legal Protection of Vulnerable Groups as an Integral Component of the Scope of International Human Rights Law 3. The Practice of UN Treaty Bodies and Thematic UN Special Procedures Relevant to the Protection of Vulnerable Groups 4. The Practice of The Committee On Economic, Social and Cultural Rights and the Committee on the Rights of the Child Relevant to the Protection of Vulnerable Groups 5. Regional Trends in the Protection of Vulnerable Groups and Their Members 6. The Vulnerability Paradigm of The European Court of Human Rights 7. The Practice of Domestic Courts Relevant to Vulnerable Groups and Persons 8. Conclusive Reflections Conclusions

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Book SynopsisThis book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed.The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictionTable of Contents1. Introduction2. The Presumption of Innocence in Context3. Who Has the Right and When Does it Become Operable?4. Who Carries the Duty to Uphold the Presumption of Innocence?5. The Procedural Aspect of the Presumption of Innocence6. The Non-Procedural Aspect of the Presumption of Innocence7. The Relationship Between the Presumption of Innocence and Pre-Determination Detention8. Conclusion

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Book SynopsisThis edited book aims to capture the functioning of human rights and civil activism at the level of the relationships between the individual and the social, and in relation to abuses, contestations, and transformations. Chapters cover the ways human rights are denied, articulated, and not realised. Mega-events, either sporting or otherwise (e.g. Gay Pride), tend to be the focus of this inquiry, although there are important contributions on grassroots non-governmental organisations. Overall, a range of research methodologies are deployed; the chapters vary between using primary research, using commissioned research, and presenting theoretically grounded arguments. The tendency is towards approaches that capture the empirical, everyday experiences, e.g. ethnography, autoethnography, interviews, focus groups, and observation. This book was originally published as a special issue of Leisure Studies.Table of ContentsIntroduction - From promotion to protection: human rights and events, leisure and sport 1. Understanding the denial of abuses of human rights connected to sports mega-events 2. Politics at play: locating human rights, refugees and grassroots humanitarianism in the Calais Jungle 3. The challenge of articulating human rights at an LGBT ‘mega-event’: a personal reflection on Sao Paulo Pride 2017 4. Configuring human rights at EuroPride 2015 5. Rethinking human rights: the 2014 Sochi Winter Olympics, LGBT protections and the limits of cosmopolitanism 6. Human rights abuses at the Rio 2016 Olympics: activism and the media 7. The right to adequate housing: evictions of the homeless and the elderly caused by the 2020 Summer Olympics in Tokyo 8. Mega-sporting events and children’s rights and interests – towards a better future 9. Exploring the economic, social and cultural rights of youth leaders working in Sport for Development initiatives at grassroots level in South Africa

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Book SynopsisWhile the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty.This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the applicatTable of Contents1. Introduction 2. Refugee Protection in the Context of Conflict and Violence 3. European Union Asylum Law and Persons Fleeing Conflict and Violence 4. European Human Rights Law Protection for Persons Fleeing Conflict and Violence 5. Conclusion

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Book SynopsisWhile it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue.The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its Trade Review"This is a comprehensive state of the art collection of essays on the ethics of discrimination that will be an invaluable resource for both researchers and students."Andrew Mason, University of Warwick, UK."This volume brings together a set of essays that combine rigorous conceptual analysis and incisive legally and empirically informed approaches on discrimination. Together they provide an indispensable, and timely, guide to understanding and disentangling the philosophical issues that surround the topic of discrimination in all its theoretical and normative dimensions. The Routledge Handbook of the Ethics of Discrimination is the most comprehensive resource to date for all who want to understand what discrimination exactly amounts to and how it bears on current social inequalities."Magali Bessone, Université de Rennes I, France.Table of ContentsThe philosophy of discrimination: an introduction (Kasper Lippert-Rasmussen). Part I: Conceptual issues. Chapter 1: Direct discrimination (Frej Klem Thomsen). Chapter 2: Indirect discrimination (Tarunabh Khaitan). Chapter 3:Statistical (and non-statistical) discrimination (Fred Schauer). Chapter 4: Epistemic discrimination (Katherine Puddifoot). Chapter 5: Discrimination and intersectionality (Natalie Stoljar). Part II: The wrongness of discrimination. Chapter 6: Discrimination and respect (Erin Beeghly). Chapter 7:Discrimination and social meaning (Deborah Hellman). Chapter 8: Discrimination and irrelevance (Lena Halldenius). Chapter 9: Discrimination and desert (Andres Moles). Chapter 10: Discrimination and rights (Peter Vallentyne). Chapter 11: Discrimination and equality of opportunity (Carl Knight). Chapter 12: Discrimination and harm (Richard Arneson). Chapter 13: Discrimination and freedom (Sophia Moreau). Chapter 14: Discrimination and virtue (J. L. A. Garcia). Part III: Groups of discriminates. Chapter 15: Discrimination and gender (Gina Schouten). Chapter 16: Discrimination and race (Patrick S. Shin). Chapter 17: Discrimination and religion (Sune Lægaard).Chapter 18: Discrimination and sexual orientation (Edward Stein). Chapter 19: Discrimination and disability (Sean Aas and David Wasserman). Chapter 20: Discrimination and age (Juliana Bidadanure). Chapter 21: Discrimination and immigration (José Jorge Mendoza). Chapter 22: Discrimination and obesity (Garrath Williams). Chapter 23: Discrimination and lookism (Xiaofei Liu). Chapter 24: Discrimination and trans identities (Mari Mikkola). Part IV: Sites of discrimination. Chapter 25: Discrimination and the job market (Sarah Goff). Chapter 26: Discrimination and education (Gideon Elford). Chapter 27: Discrimination and law enforcement (Re’em Segev). Chapter 28: Discrimination and insurance (Ronen Avraham). Chapter 29: Discrimination and politics (Nenad Stojanović). Chapter 30: Discrimination and the private sphere (Hugh Collins). Chapter 31: Discrimination and the personal sphere (Paul Butterfield and Hugh Lazenby). Part V: Causes and means. Chapter 32: The social psychology of discrimination (Jules Holroyd). Chapter 33: Discrimination and affirmative action (Julie Suk). Chapter 34: Discrimination and diversity (George Hull). Chapter 35: Wrongful private discrimination and the egalitarian ethos (Carina Fourie). Part VI: History. Chapter 36: Discrimination: word, concept, anti-norm - some historical sketches (Robert Fullinwider). Index

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