Public international law: human rights Books

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 SynopsisPillay, a trailblazer in Human Rights Law, was born in 1941 to a humble Indian family in apartheid South Africa. She faced enormous obstacles to her aspirations for further education and a meaningful career. However, in 1967 she was the first black woman in South Africa to set up a law practice which she used to defend many anti-apartheid activists. She also used her skills to protect the rights of political prisoners and remarkably, in 1973, she succeeded in obtaining legal representation and basic amenities for the inmates of Robben Island.In 1995 when the first democratic government was formed in South Africa, Nelson Mandela nominated Pillay as the first black female judge in the Supreme Court. In the same year she joined the International Criminal Tribunal for Rwanda. Since then Pillay has become one the world's leading advocates in the field of human rights.The biography of Navi Pillay is part of Arcadia's BlackAmber Inspiration series edited by Rosemarie Hudson, founder of BlackAmber. These pocket-sized biographies, aimed at students and general readers alike, celebrate African, Caribbean and Asian heroes.

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Book SynopsisAs constitutional law globalizes, the quest for a common grammar or ''generic constitutional law'' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy''s predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for decidiTable of ContentsIntroduction ; 1. The Structure of the Proportionality Test ; 2. Rights, Interests, and Trumps ; 3. The Method of Balancing ; 4. Discretion and Deference ; 5. Positive Rights and Proportionality Analysis ; 6. Epistemic Reliabilities in Proportionality Analysis ; 7. Case Analysis: Otto-Preminger-Institut v Austria ; 8. Results

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Book SynopsisInternational Human Rights is the definitive work on the subject area providing its reader with a comprehensive analysis of this wide and diverse subject area. A successor to the widely acclaimed International Human Rights in Context, this book is written by Philip Alston and Ryan Goodman who are both world-leading human rights scholars. They have chosen a wide selection of materials from primary and secondary materials to demonstrate and illuminate key themes and carefully guide the reader through each extract with thoughtful and lucid commentary.Trade ReviewThe most stimulating book that I know of in the field of human rights. * Georges Abi-Saab, Graduate Institute of International Studies, Geneva *...it is clearly and accessibly written and provides an excellent balance between commentary and analysis. * The Student Law Journal *... imaginative and stimulating materials with thought-provoking commentary... a wonderful teaching tool, as well as a valuable starting point for research. * Hilary Charlesworth, Australian National University *Table of ContentsPART A INTRODUCTORY NOTIONS AND BACKGROUND TO INTERNATIONAL HUMAN RIGHTS REGIME; PART B NORMATIVE FOUNDATION OF INTERNATIONAL HUMAN RIGHTS; PART C RIGHTS, DUTIES AND DILEMMAS OF UNIVERSALISM; PART D INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS; PART E STATES AS PROTECTORS AND ENFORCERS OF HUMAN RIGHTS; PART F CURRENT TOPICS

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

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Book SynopsisTrade Review‘Teaching Business and Human Rights covers a broad range of foundational topics as well as special thematic issues. It contains accessible contributions from leading scholars and practitioners. I have no doubt that this book will be a valuable resource for anyone teaching business and human rights at universities or in other settings.’ -- Surya Deva, Macquarie University, Australia‘Anthony Ewing is unquestionably one of the pioneers of the modern business and human rights movement, having taught many of the leading figures in the field. Teaching Business and Human Rights is the culmination of decades of experience in the classroom and in the field, with original contributions from distinguished experts and rising stars. The book contains throughout a masterful combination of intellectual rigor with practical, on the ground, insights and case studies. Students and teachers alike will find it a pleasure to use in the classroom.’ -- Michael A. Santoro, Santa Clara University, US, Co-Founder, Business and Human Rights JournalTable of ContentsContents: 1 Introduction to Teaching Business and Human Rights 1 Anthony Ewing PART I FOUNDATIONAL TOPICS 2 Corporate responsibility 13 Florian Wettstein 3 Human rights 26 Anthony Ewing 4 Labor rights 43 Angela B. Cornell 5 The United Nations Guiding Principles on Business and Human Rights 58 Anthony Ewing 6 Right to remedy 74 Lisa J. Laplante PART II BUSINESS PRACTICE 7 Corporations 88 Jena Martin 8 Human rights due diligence 100 Robert McCorquodale and Daria Davitti 9 Human rights impact assessment 113 Mark Wielga 10 Non-governmental human rights grievance mechanisms 129 Mark Wielga PART III CORPORATE ACCOUNTABILITY 11 Mandatory human rights due diligence 144 Claire Bright and Nicolas Bueno 12 Judicial remedy 160 Rachel Chambers 13 The Alien Tort Statute 176 Anthony Ewing 14 Complicity 187 Anthony Ewing 15 The OECD National Contact Point Mechanism 203 Elizabeth Umlas 16 Multistakeholder human rights initiatives 218 Dorothée Baumann-Pauly and Michael Posner 17 Business and human rights in the Inter-American System 229 Humberto Cantú Rivera PART IV KEY ISSUES 18 Modern slavery in supply chains 243 Justine Nolan 19 Human rights and the environment 263 Sara L. Seck 20 Land rights 278 Mina Manuchehri and Beth Roberts 21 Rights of Indigenous Peoples 292 Kendyl Salcito 22 The right to food 310 Uché Ewelukwa Ofodile 23 The right to water 324 Uché Ewelukwa Ofodile 24 Technology and human rights 339 Faris Natour and Roger McElrath 25 Engineering for human rights 352 Shareen Hertel, Davis Chacon Hurtado, and Sandra Sirota 26 Finance, investors, and human rights 364 Erika George and Ariel Meyerstein 27 Accounting for human rights 383 John Ferguson 28 Mega-sporting events and human rights 396 Daniela Heerdt 29 Trade and human rights 409 Margaret E. Roggensack and Eric R. Biel 30 Business and conflict 423 Salil Tripathi Bibliography 441 Index

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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 SynopsisThe Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.Trade ReviewMacklem offers his readers a well-articulated argument that advances discourse on the subject. He also gives them a fascinating, in-depth review of the origination of workers rights, minority and indigenous rights, the right of self-determination and the right to development, which supports his approach. * Sarah Frost, Israel Law Review *Professor Macklem's book makes a valuable contribution to the existing literature on the role of international human rights law in the international legal order... [his] argument is highly original. * Anna John, Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (ZaöRV) *Table of ContentsAcknowledgments ; 1. Field Missions ; Human Rights as Moral Concepts ; Human Rights as Political Concepts ; Human Rights as Legal Concepts ; The Plan of the Book ; 2. Sovereignty and Structure ; Sovereignty and its Exercise ; Between the National and International ; Sovereignty and its Distribution ; 3. Human Rights: Three Generations or One? ; Generations as Chronological Categories ; Generations as Analytical Categories ; Civil and Political Rights as Monitors of Sovereignty's Exercise ; Social and Economic Rights as Monitors of Sovereignty's Exercise ; 4. International Law at Work ; Labor Rights as Instrumental Rights ; Labor Rights as Universal Rights ; Labor Rights and the Structure of International Law ; 5. The Ambiguous Appeal of Minority Rights ; The Moral Ambiguities of Minority Rights ; The Political Ambiguities of Minority Rights ; The Interdependence of Sovereignty and Minority Protection ; 6. International Indigenous Recognition ; Indigenous Territories and the Acquisition of Sovereignty ; Indigenous Recognition and the International Labour Organization ; Indigenous Recognition and the United Nations ; The Purpose of International Indigenous Rights ; 7. Self-Determination in Three Movements ; Self-Determination and the Legality of Colonialism ; The Many Paradoxes of Self-Determination ; Bridging International Law and Distributive Justice ; 8. Global Poverty and the Right to Development ; The Emergence of the Right ; Implementing the Right ; From Global Poverty to International Law ; The Right to Development and the Rise and Fall of Colonialism ; Bibliography ; Index

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Book SynopsisInternational Human Rights Law provides a concise, wide-ranging introduction for students new to the subject.Table of Contents1: Introduction 2: Historical background 3: The United Nations 4: The International Bill of Human Rights 5: Regional protection of human rights 6: Europe 7: The Americas 8: Africa 9: Monitoring, implementing, and enforcing human rights 10: Substantive rights - general comments 11: Equality and non-discrimination 12: Rights for specific vulnerable persons 13: The right to life 14: The right to liberty of person 15: Equality before the law - the right to a fair trial 16: The right to an adequate standard of living 17: Freedom from torture; cruel, inhuman, and degrading treatment or punishment 18: The right to self-determination 19: Indigenous peoples' and minority rights 20: Freedom of expression 21: The right to education and human rights education 22: Sustainable development and human rights 23: Human rights in practice: the COVID-19 pandemic 24: Current issues: non-State actors

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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 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 SynopsisIn this thoroughly revised and updated edition, Anaya incorporates references to all the latest treaties and recent developments in international law''s treatment of indigenous peoples. Anaya provides new evidence to support the claim that while historical trends in international law facilitated the colonization of indigenous peoples and their lands, modern international law''s human rights program has been responsive to indigenous peoples'' aspirations to survive as distinct communities in control of their own destinies. Against this historical backdrop, James Anaya discusses a new generation of international treaties that may be capable of implementing international normsning concerning indigenous peoples.Trade ReviewThis new edition re-confirms his reputation in this field. This is an important textbook by a major legal scholar, written, as always, with considerable fluency and clarity as well as persuasiveness...The account he gives is of an international order that in only just having turned its attention to tribal people is still in a highly formative and exploratory state. In this area international law is at its outset. This second edition is to be welcomed for so informally taking us a stop or two further along that new pathway.Table of ContentsIntroduction Part I. DEVELOPMENTS OVER TIME 1: The Historical Context 2: Developments within the Modern Era of Human Rights Part II. CONTEMPORARY INTERNATIONAL NORMS 3: Self-Determination: A Foundational Principle 4: Norms Elaborating the Elements of Self-Determination 5: The Duty of States to Implement International Norms Part III. NORM IMPLEMENTATION AND INTERNATIONAL PROCEDURES 6: International Monitoring Procedures 7: International Complaint Procedures Conclusion Appendix: Selected Documents Bibliography Table of Principle Documents Table of Cases Index

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Book SynopsisLike many other areas of life, humanitarian practice and thinking are being transformed by information and communications technology. Despite this, the growing digitization of humanitarianism has been a relatively unnoticed dimension of global order. Based on more than seven years of data collection and interdisciplinary research, #Help presents a ground-breaking study of digital humanitarianism and its ramifications for international law and politics.Global problems and policies are being reconfigured, regulated, and addressed through digital interfaces developed for humanitarian ends. #Help analyses how populations, maps, and emergencies take shape on the global plane when given digital form and explores the reorientation of nation states'' priorities and practices of governing around digital data collection imperatives. This book also illuminates how the growing prominence of digital interfaces in international humanitarian work is sustained and shaped by law and policy.#Help revealTrade ReviewWhat happens when the objectives, beneficiaries, and participants of humanitarian activism are framed by digital technologies? When the door to humanitarian relief is opened or closed by algorithms? #Help lays out the distributive effects of recourse to digital interfaces by humanitarian actors: the re-ordering of powers and vulnerabilities between human groups, the routinization of emergencies, and the redirection of political action. This is a hugely interesting, politically relevant, and altogether new analysis of the transformations of the humanitarian imaginary resulting from its integration in the global digital revolution. * Martti Koskenniemi, Emeritus Professor of International Law at the University of Helsinki and Director of the Erik Castrén Institute of International Law and Human Rights *How does the diffusion of digital interfaces transform the practice, philosophy, and politics of humanitarian work? This essential and richly documented book discusses the normalization of binary thinking and datafication, the rise of new actionable objects and relations, and shifting temporalities and governance models. #Help offers an invaluable perspective that challenges what we thought we knew about how people today ask for help, and how others respond. * Marion Fourcade, Professor of Sociology and Director of Social Science Matrix at the University of California, Berkeley *Philosophically grounded, historically rich, and analytically sharp, this book brings much needed clarity to the complex field of digital humanitarianism. Johns shows how humanitarianism is changing in relation to computational practices, and why this matters for law and politics on a global scale. * Kate Crawford, Research Professor at USC Annenberg and Senior Principal Researcher at MSR New York *As humanitarianism has become a global language meant to represent and alleviate the suffering of the world, Fleur Johns critically explores its latest avatar: digital humanitarianism. Through fascinating case studies of recent tools claiming to characterize populations, map needs, and organize responses, #Help offers an original, rigorous and much-needed analysis of the ambiguous promise of this technological turn in the politics of compassion. * Didier Fassin, Professor at the Collège de France and the Institute for Advanced Study *Johns's work helps us appreciate those transformations with incisive theoretical exploration. * Wendy H. Wong, The American Journal Of International Law *#Help: Digital Humanitarianism and the Remaking of International Order is a characteristically rich, intricate, thoughtful and insightful intervention from one of international lawâs most consistently enlightening contemporary scholars, Fleur Johns. It is a thoroughly enjoyable read and, on its face, a succinct descriptive account, infused throughout with sharp analytical observation,...A good analogy is, perhaps, bindweed: global digital bindweed. * Stephen Humphreys, London Review of International Law *The book is interspersed with 'prospects for doing otherwise',...It is a crucial contribution of the book that it hones its analytical apparatus to pay attention to dissensus and divergence and to keep questions of digital humanitarian futures open. * Claudia Aradau, London Review of International Law *The theoretical offerings of the book can be mobilised and adapted in research attuned to the modes of freedom and safety people create collectively among themselves and against social sorting, detention, violence, policing and its technologies. * Margie Cheesman, London Review of International Law *Table of ContentsChapter 1: Interfaces: New media of humanitarian relation Chapter 2: Maps: Historical snapshots and digital rewriting Chapter 3: Populations: From statistics to data science Chapter 4: Emergencies: Waiting and watching in the palliative present Chapter 5: States: Analogue and digital Chapter 6: Law and policy: Infrastructures of interface Chapter 7: Uses: Using, disusing and misusing digital humanitarian interfaces

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Book SynopsisApart from individual rights, claims have long been made for collective (minority) rights. Now a "third generation" of rights is appearing, the rights of peoples, exemplified by the African Charter of Human and Peoples Rights of 1981. This volume discusses the new generation of rights.Trade ReviewThis unified and thoughtful collection explores several fundamental issues concerning rights of peoples, and is to be welcomed as a significant contribution to the scattered and rather fragmentary literature in English in this increasingly important area. * Benedict Kingsbury, International and Comparative Law Quarterly *a most welcome contribution to a debate which ... has suffered from an unfortunate combination of neglect, glibness and confusion ... a milestone * Susan Marks, Cambridge Law Journal *

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Book SynopsisOver the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state''s need for security, authority, and legitimacy as much as liberalism''s powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.Table of ContentsPART I: MEDIA LAW AND LIBERAL DEMOCRACY ; 1. The New Media and the New State ; 2. The Media and the Liberal Democratic State ; 3. Liberal Democracy and the Media in European and International Law ; PART II: THE MEDIA IN EUROPEAN AND INTERNATIONAL REGIMES ; 4. The Media in the European Single Market ; 5. International Trade in Media Goods and Services ; 6. The Media in European and International Human Rights Law ; 7. Jurisdiction and the Media ; PART III: RESTRICTING THE LIBERTY TO PUBLISH ; 8. Criticism of the State and Incitement to Violence ; 9. Access to State Information ; 10. Information Privacy and Reputation ; 11. Protection of Personal Data ; 12. Pornography and Violence ; 13. Incitement to Hatred ; PART IV: INTERVENTION IN MEDIA MARKETS ; 14. Democracy, Pluralism, and the Media ; 15. Cultural Policy and the Entertainment Media

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Book SynopsisThe concept of self-determination has played a very important role in the shaping of the international community in the nineteenth and twentieth centuries. It is closely linked in a number of different ways to the status of minorities and minorities frequently make claims to self-determination as a right for themselves. This meticulously researched book explores the relationship between self-determination and minority rights in international law. It is highly detailed in its treatment of the subject, discussing very recent events, such as the atrocities in the former Yugoslavia, in a valuable historical context. His analysis of the issues provide the reader with a significant clarification of the legal issues involved, especially since the establishment of the UN and the development of international norms of human rights. As such, the book will hold particular appeal for all those who are interested in international law and politics, as well as students of modern history wishing to be informed on this hotly debated issue.Trade ReviewThe book's great strength from the point of view of non-lawyers lies in the clarity with which it unfolds, expounds and analyses the arguments that have been used by international bodies, states and ethnic movements to justify particular courses of action and inaction. The complex inter-relationships between self-determination and minority protection, which lie at the core of the book, are especially well handled the book's realism will appear to scholars whose firm disciplinary grounding in realpolitik may prejudice them against legally-based approaches. * Immigrants and Minorities *offers a fresh approach to the origins of self-determination ... offers clearly argued positions about contentious issues ... very well written and ... accessible to most readers. It should be read by all those involved in any way in matters that raise issues of self-determination and minority rights. * Lawyers Weekly *immensely helpful in providing a proper perspective. * A.G. Noorani, Frontline, Aug 00. *Table of Contents1. The Origins of National Consciousness ; 2. Self-Determination and the First World War ; 3. The Inter-War Years: The Minorities Treaties Regime ; 4. Self-Determination in Modern International Law: International Instruments and Judicial Decisions ; 5. Self-Determination in Modern International Law: The Practice of States ; 6. The Protection of Minorities ; 7. Definitions of the Term "People" ; 8. Secession ; 9. Irredentism ; 10. Historical Title ; Epilogue

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Book SynopsisIn recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the ''private'' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditionaTrade Reviewsociologists of law and constitutionalism now have powerful methodological tools, a sociological conceptual framework, and invaluable sources of the new constitutional imagination which has capacity to accommodate even recent elaborations on Nietzsche's theory of command structures * Jiri Priban (Cardiff University), Journal of Law and Society *Table of Contents1. The New Constitutional Question ; 2. Societal Constitutionalism in the Nation State ; 3. Transnational Constitutional Subjects: Regimes, Organisations, Networks ; 4. Transnational Constitutional Norms: Functions, Arenas, Processes, Structures ; 5. Transnational Constitutional Rights: Horizontal Effect ; 6. Colliding Constitutions

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Book SynopsisFood, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimuTrade ReviewSocial and economic rights are growing apace throughout the world. Anyone seeking a thoughtful and comprehensive overview of the different ways in which courts throughout the world are enforcing them could do no better than read this sharp-eyed and fluent book. * Albie Sachs *Katharine Young proposes an original theory about the development of economic and social rights, linking such development to their philosophical foundations, to their institutionalization in binding legal norms, and to their impacts in real life. It is an illuminating and well-informed account of how rights evolve, as a result of the tensions between these poles. This book is a breakthrough in scholarship on economic and social rights. * Olivier De Schutter, Former UN Special Rapporteur on the right to food (2008-2014), Member of the Committee on Economic, Social and Cultural Rights (2015-2018) *Young's work comes from a deeper sense of injustice with current world affairs and offers an imaginative and thought provoking account of the potential merits, and pitfalls, of rights based constitutionalism. * Jamie Burton, Public Law *A brilliant discussion of an extremely difficult subject of great importance to policy making and practical reasoning. Katharine Young's lucidity is exemplary, and so is the originality of her approach to human rights. * Amartya Sen, Nobel Prize winner in Economics and Thomas W. Lamont University Professor, and Professor of Economics and Philosophy, at Harvard University *Katharine Young's book is both an ideal introduction to the discourse of social and economic rights and an important advance of the field. She offers a spirited defense of the possibility of a human rights practice that is both grounded and emancipatory. Skeptics will find that their reservations are extensively and fairly considered. Activists will find many provocative challenges to their conventional wisdom. All readers will be grateful for her lucid and lively exposition. * William H. Simon, Arthur Levitt Professor of Law, Columbia Law School *Table of ContentsPART I: CONSTITUTING RIGHTS BY INTERPRETATION ; PART II: CONSTITUTING RIGHTS BY ENFORCEMENT ; PART III: CONSTITUTING RIGHTS BY CONTESTATION

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Book SynopsisNow in its third edition, this book is the authoritative text on one of the world''s most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states.The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed.Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.Trade ReviewReview from previous edition 'a seminal work which will be of enormous interest to the human rights community...' * Commonwealth Lawyer *"... a very useful first stop in finding the basic jurisprudence on the protection of civil and political rights under the treaties adopted under the auspices of the United Nations.'" * Urfan Khaliq, Tolley's Communications Law *... the publication makes a most creditable contribution to systematising and making accessible the work of the Human Rights Committee in the exercise of its various functions ... With its timely collation of the jurisprudence of the Human Rights Committee, it stands alone in the human rights literature. * Australian Year Book of International Law *"The book, all 985 pages of it, is an excellent source of reference. No other work has encompassed as much material and case law so far...the wide range of sources is impressive...Of great value is the subject index... this index is exceptionally good, detailed and clear...the compilation of such incredible amounts of material is a gigantic achievement. The inclusion of good-quality indexes and information tables makes the information readily available and is one of the major assets of the work...The volume is a most-needed and welcome contribution for scholars and practitioners alike. It fulfils its aim of bestowing the legal community with an excellent source of information on international human rights law and will certainly aid in the advancement of human rights protection." * Zeitschrift für ausländisches öffentliches Recht und Völkerrecht (Heidelberg Journal of International Law) *The authors are to be congratulated for their thoughtful and insightful analysis, and for their meticulous work in continuing to render the work of the Human Rights Committee accessible to a wide audience of civil servants, scholars, practitioners, and activists. * Australian Year Book of International Law *Table of ContentsPART I: INTRODUCTION ; 1. Introduction ; PART II: ADMISSIBILITY UNDER THE ICCPR ; 2. The Ratione Temporis Rule ; 3. The 'Victim' Requirement ; 4. Territorial and Jurisdictional Limits ; 5. Consideration Under Another International Procedure ; 6. Exhaustion of Domestic Remedies ; PART III: CIVIL AND POLITICAL RIGHTS ; 7. The Right of Self-determination - Article 1 ; 8. The Right to Life - Article 6 ; 9. Freedom from Torture and Rights to Humane Treatment - Articles 7 and 10 ; 10. Miscellaneous Rights - Articles 8, 11, 16 ; 11. Freedom from Arbitrary Detention - Article 9 ; 12. Freedom of Movement - Article 12 ; 13. Procedural Rights Against Expulsion - Article 13 ; 14. Right to a Fair Trial - Article 14 ; 15. Prohibition of Retroactive Criminal Laws - Article 15 ; 16. Right to Privacy - Article 17 ; 17. Freedom of Thought, Conscience, and Religion - Article 18 ; 18. Freedom of Expression - Articles 19 and 20 ; 19. Freedoms of Assembly and Association - Articles 21 and 22 ; 20. Protection of the Family - Article 23 ; 21. Protection of Children - Article 24 ; 22. Rights of Political Participation - Article 25 ; 23. Rights of Non-Discrimination - Articles 2(1), 3, and 26 ; 24. Minority Rights - Article 27 ; PART IV: ALTERATION OF ICCPR DUTIES ; 25. Reservations, Denunciations, Succession, and Derogations ; APPENDICES ; A. International Covenant on Civil and Political Rights ; B. First Optional Protocol to the ICCPR ; C. Second Optional Protocol to the ICCPR ; D. States Parties to the International Covenant on Civil and Political Rights ; E. States Parties to the First Optional Protocol ; F. States Parties to the Second Optional Protocol ; G. States which have made a Declaration under Article 41 of the Covenant ; H. Members of the Human Rights Committee (Past and Present) ; I. General Comments of the Human Rights Committee

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Book SynopsisRevised and updated to include recent developments since 2013, the third edition of The Law of State Immunity provides a detailed guide to the operation of the international rule of State immunity which bars one State''s national courts from exercising criminal or civil jurisdiction over claims made against another State. Building on the analysis of its two previous editions, it reviews relevant material at both international and national levels with particular attention to US and UK law; the 2004 UN Convention on Jurisdictional Immunities of the State and its Property (not yet in force), and also seeks to assess the significance of recent changes in the evolution of the law.Although the restrictive doctrine of immunity is now widely observed by which foreign States may be sued in national courts for their commercial transactions, the immunity rule remains controversial, not only by reason of the recognition of a single State''s right to deny a remedy for a wrong - China, a major tradiTrade ReviewThe authors must be sincerely congratulated for this substantially revised edition of an already renowned treaties. Not only have they achieved an extremely useful update of the current law of State immunity by keeping up the high standard of the previous edition in terms of almost lexicographical tracing and recording of State practice and case law in numerous jurisdictions. This book is also an excellent attempt at re-conceptualising the notion of state immunity against the background of recent international case law. * Stephan Wittch, German Yearbook of International Law *Review from previous edition '...outstanding analysis...well written and superbly documented work...a must have for any public or private collection shelving the classics of international legal literature.' * American Society of International Law *'This in-depth study will be one of the most consulted works on international law. Those who specialize in new areas of international law, whether human rights, environmental law, or international criminal law, should certainly read it....This is a work of rigorous scholarship. As an authoritative monograph , it will be of inestimable value to practitioners. And its careful review of the many theoretical issues will be valuable in helping to fashion the law in many countries...' * Anthony Aust, International and Comparative Law Quarterly *'Hazel Fox has long been known as the author of some the most probing scholarship on the relationship between international law and national law. In this substantial new volume, she sets out the most comprehensive and thoughtful analysis to date of a subect that is, as she so clearly demonstrates, no longer confined wither to immunities or to states....There is a great deal of interest and value in this book, both for scholars and practitioners. For specialists in the topic it will be an indispensable text.' * Alan Boyle, The Law Review Quarterly *This is a work of rigorous scholarship. As an authoritative monograph, it will be of inestimable value to practitioners....The book is user-friendly in its detailed list of contents, lavish use of headings, and sub-headings, clear scene-setters for each chapter, regular summaries and a good index....State immunity is a difficult subject for students, teachers, and practitioners of international law, and there has long been need for a good book on it ... practitioners will have already found the book essential for their work, a sign of a book being instantly indispensable. * International and Comparative Law Quarterly *Table of ContentsPART I: GENERAL CONCEPTS; PART II: THE SOURCES OF THE LAW OF STATE IMMUNITY; PART III: THE CURRENT INTERNATIONAL LAW OF STATE IMMUNITY; PART IV: OTHER IMMUNITIES; PART V: CONCLUSIONS

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Book SynopsisThe Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a ''map'' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law.The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part IITrade ReviewThe disposition of the authors and the choice of the contributors, many of them likewise experienced as academics and practitioners, are convincing. All chapters are well composed and focused, illustrating the relevant problems, discussing possible solutions and obstacles, and concluding with concise summarizing observations, and some, not too many, suggestions for Further Reading... Indeed Reading each chapter was a joy that I hope will be shared by many readers. * Eckart Klein, German Yearbook of International Law *Table of ContentsI. THEORETICAL FOUNDATIONS ; II. HISTORICAL AND LEGAL SOURCES ; III. STRUCTURAL PRINCIPLES ; IV. NORMATIVE EVOLUTION ; V. INSTITUTIONS AND ACTORS ; VI. HUMAN RIGHTS AND GENERAL INTERNATIONAL LAW ; VII. ASSESSMENTS

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Book SynopsisOver the past ten years the content and application of international law in armed conflict has changed dramatically. This Oxford Handbook provides an authoritative and comprehensive study of the role of international law in armed conflict and engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, the Handbook has a global, multi-disciplinary perspective on the place of law in war. The Handbook consists of 32 chapters in seven parts. Part I provides the historical background of international law in armed conflict and sets out its contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces cruciaTrade ReviewThe book is also quite a fresh approach in an increasingly crowded market. The high rate of new publications on international humanitarian law and its associated topics continues, so it is important that entrants have something different to offer. The distinguishing features of this book are its multi-dimensional approach, the calibre of its contributors, and their willingness to offer no-holds-barred opinions on controversial topics. These features comfortably imbue the book with the requisite value-add... If this book were read cover to cover, the reader would be left with a comprehensive survey of the most important legal issues in the context of modern armed conflicts. It is therefore recommended to those who are seeking this advanced understanding from a multidimensional, critical perspective. * Damien van der Toorn, Australian Year Book of International Law *...this handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. * William St-Michel, International Journal of Criminal Justice *The stated purpose of the Handbook is 'to provide grounding for those who would like to go further with their understanding of the law applicable in armed conflict.' The Handbook fulfils this purpose amply. Not only does it provide a comprehensive introduction to the law applicable in armed conflict, it also offers ample food for thought on the structure of the international legal system and the character of international legal obligations. * Naomi Burke, The British Yearbook of International Law *One remarkable feature of The Handbook is its exhaustiveness: it provides a comprehensive overview of the multiple rules and rights that come into play during an armed conflict. Furthermore, it clearly stems from the sum of the essays that the legal framework applicable to an armed conflict is not single-fold, but multifaceted. This handbook is a useful, up-to-date and comprehensive tool for scholars and practitioners, especially judges, dealing with the legal issues arising out of armed conflicts. * William St-Michel, Journal of International Criminal Justice *Table of ContentsI. INTRODUCTION ; II. SOURCES ; III. LEGAL REGIMES ; IV. KEY CONCEPTS FOR HUMANITARIAN LAW ; V. KEY RIGHTS IN TIMES OF ARMED CONFLICT ; VI. KEY ISSUES IN TIMES OF ARMED CONFLICT ; VII. ACCOUNTABILITY/LIABILITY FOR VIOLATIONS OF THE LAW IN ARMED CONFLICT

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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 SynopsisOn a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.Table of ContentsRobin Geiß and Nils Melzer: Introduction Part I. International Law and Global Security 1: Nigel White and Auden Davies-Bright: The Concept of Security in International Law 2: Hitoshi Nasu: The Global Security Agenda: Securitization of Everything? 3: Ursula Schroeder: The Transformation of Security Concepts: Beyond the State 4: Tilmann Altwicker: Transnationalization of Security 5: Gina Heathcote: Gendered Security 6: Peter Hough: Accidently Insecure 7: Nayef Al-Rodhan and Ioana-Maria Puscas: Global Security and Neurophilosophy: Understanding the Human Factor Part II. Predominant Security Challenges and International Law National and Transnational Security 8: Cecily Rose: Corruption and Global Security 9: Christian Henderson: Internal Strife and Insurgency 10: Rob McLaughlin: International Law and State Failure 11: Helen Duffy and Larissa van den Herik: Terrorism and the Security Council 12: Pierre Hauck and Sven Peterke: Transnational Organized Crime International Security 13: Claus Kreß: Aggression 14: Jakob Kellenberger: Armed Conflicts, International Law and Global Security 15: Christopher J Borgen: Contested Territory 16: Douglas Guilfoyle: Maritime Security 17: Mirko Sossai: International Disarmament and Arms Control: In the Middle of a Paradigm Shift? 18: Masahiko Asada: Nuclear Non-Proliferation and Disarmament under International Law Human Security 19: Adama Dieng: Atrocity Crimes and Large-Scale Human Rights Violations 20: Cordula Droege and Helen Durham: Civilian Protection in Armed Conflict 21: Vladislava Stoyanova: Human Trafficking and Slavery 22: Natasa Mavronicola: Institutionalized Inhumanity: From Torture to Assassination 23: Ben Saul: Migration, Displacement, Security and International Law 24: Markos Karavias: States and Non-State Actors and Human Security Economic and Resource Security 25: Tibisay Morgandi and Jorge E Viñuales: Energy Security in International Law 26: Jasper Finke: Financial Crises 27: Hilal Elver: Food Security 28: Emanuela-Chiara Gillard and Nathalie Weizmann: Humanitarian Relief in Situations of Armed Conflict 29: Pierre Thielbörger: Water Security Environmental Security 30: Joyeeta Gupta and Hilmer Bosch: Climate Change and Security 31: Arnold N Pronto: International Disaster Law 32: J Benton Heath: Pandemics and Other Health Emergencies 33: Gus Waschefort: Wild Fauna and Flora Protection Technological Security 34: Martina Kunz and Seán Ó hÉigeartaigh: Artificial Intelligence and Robotization 35: James Revill and Anna Roessing: Biosecurity 36: Michael N Schmitt: Cybersecurity and International Law 37: Steven Freeland and Elise Gruttner: Outer Space Security Part III. Security Governance Tools 38: Théodore Christakis and Katia Bouslimani: National Security, Surveillance and Human Rights 39: Kimberley Trapp and Priya Urs: Peace Diplomacy and Conflict Prevention 40: Christian Tams: International Courts and Tribunals and Violent Conflict 41: Fausto Pocar: Criminal Prosecution 42: Antonios Tzanakopoulos: We Who Are Not as Others: Sanctions and (Global) Security Governance 43: Benjamin F Kusi: United Nations Peacekeeping: A View from the Ground 44: Simon Chesterman: Responsibility to Protect and Humanitarian Intervention: From Apology to Utopia and Back Again 45: Elizabeth Wilmshurst: The Use of Force Part IV. Power Politics, International Law and Global Security 46: Congyan Cai: China 47: Eleni Methymaki and Asli Ozcelik: Europe 48: Alejandro Rodiles: The Global South and the Law and Governance of Global Security: Towards a Scholarship on the Global Ecology of Insecurities 49: B.S. Chimni: India 50: Bakhtiyar Tuzmukhamedov: The Russian Federation 51: Malcolm Jorgensen: The United States Part V. Global and Regional Security Mechanisms 52: Diane A Desierto: The Association of Southeast Asian Nations and Southeast Asia's Regional Security 53: Jerusha Asin Owino: The African Union: Security Governance under the African Peace and Security Architecture 54: Eva Nanopoulos: The European Union 55: Sabine Gless and Helge Elisabeth Zeitler: The International Criminal Police Organization 56: Christina Binder: Non-Governmental Organizations: Their Relevance and Impact in the International Law of Global Security 57: Steven Hill: The North Atlantic Treaty Organization 58: Thomas Greminger: The Organization for Security and Co-operation in Europe 59: Adam Day and David M Malone: The Role of the United Nations in Shaping Global Security Law

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Book SynopsisThe Handbook of International Humanitarian Law sets out a black letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. This is the fourth edition of this influential and comprehensive handbook. It has been extensively updated and revised, taking into account recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues. Areas covered by the book include the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. This Handbook provides an in-depth understanding of the development and current problems of the law of armed conflicts. It considers legal and policy issues both from the views of academics and military and diplomatic practitioners. Finally - and most importantly - it offers a complete account of activities that should be taken to improve the implementation and enforcement of international humanitarian law.Table of Contents1: Dieter Fleck: Introduction 2: Mary Ellen O'Connell: Historical Developments and Legal Basis 3: Jann K. Kleffner: Scope of Application of International Humanitarian Law 4: Nobuo Hayashi: General Principles of International Humanitarian Law 5: Knut Ipsen: Combatants and Non-Combatants 6: Marco Longobardo and Dieter Fleck: Means of Combat 7: Stefan Oeter: Methods of Combat 8: Knut Dörmann: Protection of Civilians 9: Knut Dörmann and Sylvain Vité: Occupation 10: Michael Bothe: Protection of the Environment in Relation to Armed Conflicts 11: Knut Dörmann and Tristan Ferraro: Humanitarian Assistance 12: Jann K. Kleffner with Wolff Heintschel von Heinegg: Protection of the Wounded, Sick, and Shipwrecked 13: Sandra Krähenmann: Protection of Prisoners in Armed Conflict 14: Jann K. Kleffner: Human Rights in Armed Conflct 15: Nilendra Kumar: Protection of Religious Personnel 16: Roger O'Keefe: Protection of Cultural Property 17: Wolff Heintschel von Heinegg: The Law of Armed Conflict at Sea 18: Michael Bothe: The Law of Neutrality 19: Dieter Fleck: The Law of Non-International Armed Conflict 20: Ben F. Klappe: The Law of International Peace Operations 21: Silja Vöneky: Implementation and Enforcement of International Humanitarian Law Annex: Distinctive Emblems

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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 SynopsisInternally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy.This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book''s analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual''s real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the aTrade ReviewInternally Displaced Persons and International Refugee Law investigates the protection of internally displaced people in and beyond refugee law. * Silvia Steininger, Helga Molbæk-Steensig, European Journal of International Law *This book interrogates the relationship between international refugee law and the legal regime as it relates to IDPs, exploring synergies but also possible conflicts between the two areas of law. In addition to addressing timely debates, Dr Ní Ghráinne's book is noteworthy for its meticulous research and methodology. Ostensibly a refugee law scholar, Dr Ní Ghráinne is, I suspect, a Public International Law scholar at heart, and she brings an impressive doctrinal knowledge of that broader field to bear on her specialist area. Furthermore, she is alive to what States - and UNHCR - actually do, mindful of the importance of State practice in the formation of customary international law. In short, this book makes a significant contribution to knowledge and scholarship, filling the void in the literature on the precise relationship between international refugee law and the law relating to IDPs. * Dr Ciara Smyth, Irish Centre for Human Rights, University of Galway *This is an excellent book that refreshes a first detailed analysis of the relationship between the protection of Internally Displaced Persons (IDPs) and international refugee law. Dr Brid Ni Ghrainne must be congratulated for her unique scholarly approach... she provides a sophisticated analysis of the legal and normative relationship between IDPs and refugees, of the extent to which an individual's real risk of internal displacement in their country of origin is relevant to the qualification and cessation of refugee status, and whether the availability of IDP protection may entail an alternative to asylum. * Chaloka Beyani, London School of Economics, former UN Special Rapporteur on the human rights of internally displaced persons 2010-2016, and former member of the Expert Advisory Group to the UN Secretary General's High Level Panel on Internal Displacement 2019-2021 *Ever since internal displacement emerged as a significant concern on the international agenda, refugee advocates and proponents of increased protection for internally displaced persons (IDPs) have grappled with the thorny question of the relationship between refugees and IDPs, and whether strengthened efforts in support of IDPs pose a risk to refugee protection. Through clear and compelling legal analysis, Bríd Ní Ghráinne illuminates the implications of international refugee law for those uprooted within their own countries, convincingly demonstrating that the international frameworks developed since the 1990s to protect IDPs do not undermine refugee law. This book is essential reading for anyone concerned about the protection of those forced from their homes, whether they be refugees or internally displaced persons. * Megan Bradley, Associate Professor and William Dawson Scholar, Political Science and International Development Studies, McGill University *While internally displaced persons and refugees often face similar challenges, they differ fundamentally in legal terms. While the latter enjoy international protection, the former remain subject to the jurisdiction of their own government. Bríd Ní Ghráinne's original study of the relationship between refugee law and the evolving legal regime pertaining to IDPs fills an important gap. It is a highly relevant contribution not only to the study of UNHCR's mandate and the interpretation of the 1951 Refugee Convention but also to the still under-researched field of internal displacement. * Walter Kälin, professor emeritus of constitutional and international law, University of Bern, and former Representative of the UN Secretary-General on the human rights of internally displaced persons *This is an exceptional piece of legal scholarship dealing with one of the most important global issues of our time. It presents an incisive and thoughtful critique of the inter-relationship between the emerging law of internal displacement and the more established field of refugee law. It is no small feat to effectively present such a discussion in an accessible manner, yet Dr Ní Ghráinne masterfully achieves this. It is a fascinating, thought-provoking, and highly-recommended read, which speaks not only to law but also to how we define, value and protect human life. * Dr Ben Hudson, Lecturer in Law, University of Exeter *This monograph is an important milestone in the study of internally displaced persons' (IDP) protection. Ní Ghráinne's book brilliantly helps us understand how the legal and institutional framework of IDP protection has developed and interacts with international refugee law, complementary protection, and the internal flight alternative. She convincingly demonstrates that the increase in IDP protection does not, as a matter of law, undermine refugee protection. Given its extremely insightful, thorough, and documented analysis, this monograph will certainly become an indispensable point of reference for anyone following IDP policies and, more generally, international refugee law. * Madalina Moraru, part-time Assistant Professor, Centre for Judicial Cooperation of the European University Institute, Florence, and co-director of the Centre for Migration Studies, Masaryk University, Brno *Table of Contents1: Introduction 2: The Relationship between Internally Displaced Persons and Refugees 3: Legal and Institutional Protection of Internally Displaced Persons 4: Internal Displacement and the Internal Protection Alternative 5: The UN High Commissioner for Refugees' Involvement with Internally Displaced Persons: Undermining International Refugee Law? 6: Article 1D of the 1951 Refugee Convention and Internally Displaced Person 7: Conclusion Bibliography

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Book SynopsisThis book analyses narrow definitions of gender in international criminal law. Jurisprudence blind spots are examined, such as sexual violence against men, and the gendered dimensions of forced marriage and reproductive crimes. It promotes a more nuanced notion of gender to improve accountability for war crimes, genocide and aggression.Trade ReviewWinner of the ASIL Women in International Law Interest Group Scholarship Prize 2023Table of ContentsMisconceptions and Misunderstandings about Gender in International Criminal Law 1: Indira Rosenthal, Valerie Oosterveld, Susana SáCouto: What is 'Gender' in International Criminal Law? 2: Judith Gardam, Michelle Jarvis: The Gendered Framework of International Humanitarian Law and the Development of International Criminal Law 3: Kirsten Campbell, Gorana Mlinarević: A Feminist Critique of Approaches to International Criminal Justice in the Age of Identity Politics: A Case Study of Conflict-Related Sexual Violence Prosecutions before the International Criminal Tribunal for the Former YugoslaviaExpanding Approaches to Gender in International Criminal Law: Beyond 'Gender = Women' and 'Gender = Crimes of Sexual Violence' 4: Dubravka Žarkov: Sexual Violence Against Men in Contemporary Warfare 5: Gloria Atiba-Davies, Leo Nwoye: Children, Gender and International Criminal Justice 6: Patricia Viseur-Sellers, Jocelyn Getgen Kestenbaum: The International Crimes of Slavery and the Slave Trade: A Feminist Critique 7: Lisa Davis, Danny Bradley: Victory for Women and LGBTIQ Rights under International Criminal Law: Gender in the Draft Crimes against Humanity Treaty 8: Melanie O'Brien: Gender Dimensions of Forced Marriage in International Criminal Law 9: Rosemary Grey: Reproductive Crimes in International Criminal Law 10: Antonia Mulvey: Using International Criminal Law to Curb Discriminatory Practices Against Females: The Case of Female Genital MutilationEngendering Justice: The Future of International Criminal Law 11: Jonathan O'Donohue, Rosemary Grey: 'Gender-Inclusivity' in the International Criminal Court's First Reparation Proceedings 12: Daniela Kravetz: Gender and the Implementation of International Criminal Law in the Latin American Region 13: Catherine O'Rourke: Fragmentation Fears or Interaction Opportunities? The Role and Potential of International Human Rights Law in Shaping International Criminal Law's Gender Jurisprudence 14: Helen Durham, Laura Green: Contemporary Armed Conflict and Gender 15: Dianne Otto: Is International Criminal Law Particularly Impervious to Feminist Reconstruction? Legally Authorized Resistances to Feminist Judging

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Book SynopsisThe post-cold war years have witnessed an unprecedented involvement by the United Nations in the domestic affairs of states, to end conflicts and rebuild political and administrative institutions. International administrations established by the UN or Western states have exercised extensive executive, legislative, and judicial authority over post-conflict territories to facilitate institution building and provide for interim governance.This book is a study of the normative framework underlying the international community''s statebuilding efforts. Through detailed case studies of policymaking by the international administrations in Bosnia and Herzegovina, Kosovo, and East Timor, based on extensive interviews and work in the administrations, the book examines the nature of this normative framework, and highlights how norms shape the institutional choices of statebuilders, the relationship between international and local actors, and the exit strategies of international administrations. ThTrade ReviewZaums normative analysis is a refreshing addition to the developing ITA canon * International Affairs *A growing array of international groups and organizations are now devoted to state building, and scholars are slowly developing a body of knowledge on its theory and practice. This book helps illuminate these efforts by looking at the ideas and norms that inform the activities of international agencies as they engage local actors. * G. John Ikenberry, Foreign Affairs *Table of ContentsIntroduction ; PART I: CONCEPTS AND THEORIES ; 1. Sovereignty in International Society ; 2. International Administrations in International Society ; PART II: CASE STUDIES ; 3. Statebuilding in Bosnia and Herzegovina ; 4. Statebuilding in Kosovo ; 5. Statebuilding in East Timor ; 6. The Sovereignty Paradox ; Bibliography

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Book SynopsisIn international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats,Table of Contents1. The Rights of Access to Justice under Customary International Law ; 2. The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorism ; 3. Access to Justice and Compensation for Violations of the Law of War ; 4. Access to Justice before International Human Rights Bodies: Reflections on the Practice of the UN Human Rights Committee and the European Court of Human Rights ; 5. Access to Environmental Justice ; 6. Access to Justice in European Comparative Law ; 7. Access to Justice for Victims of Torture

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Book SynopsisThe Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of international criminal law. It offers a comprehensive survey of the issues surrounding international humanitarian law and human rights through a range of entries by the leading minds in the area.Trade ReviewA significant work which treats its subject both broadly and in depth in an accessible manner...With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be an entry point for scholars, practitioners, and others interested in current developments in international justice. * David Badertscher, New York Law Librarian *The Companion offers a unique and comprehensive explanation and analysis of the most important issues in international criminal law. Although such a book has been long awaited by scholars and practitioners, it can be noted that it was worth waiting for... * Jernej Cernic, International Law Observer.eu *The strength of this book lies in the various professional backgrounds of its contributors, some of them being practitioners working in international tribunals...The book addresses intricate issues of international criminal justice in a manner that is also accessible to persons who are not familiar with criminal law. It is thus designed, not only to be a good doctrinal and practical support for both international scholars and criminal lawyers, but also to be used by anyone interested in current developments in international criminal law. A great read! * Elise Hansbury, Journal de TRIAL n19, july 2009 *Twelve hundred pages long, written by 132 authors, and comprising 21 essays, 300 encyclopedia entries, and more than 330 case synopses, the book is, quite simply, the most ambitious edited work in the history of international criminal law (ICL). Fortunately it is also the best. * Kevin Jon Heller, Melbourne Law School, The American Journal Of International Law vol 104 *Table of ContentsPART A: MAJOR PROBLEMS OF INTERNATIONAL CRIMINAL JUSTICE ; I. HOW TO FACE INTERNATIONAL CRIMES ; Collective Violence and International Crimes ; State Responsibility and Criminal Liability of Individuals ; Alternatives to International Criminal Justice ; II. FUNDAMENTALS OF INTERNATIONAL CRIMINAL LAW ; Sources of International Criminal Law ; General Principles of International Criminal Law ; International Criminalization of Prohibited Conduct ; Gender-related Violence and International Criminal Law and Justice ; Modes of International Criminal Liability ; III. THE INTERPLAY OF INTERNATIONAL CRIMINAL LAW AND OTHER BODIES OF LAW ; Comparative Criminal Law as a Necessary Tool for the Application of International Criminal Law ; The Influence of the Common Law and Civil Law Traditions on International Criminal Law ; Humanitarian Law and International Criminal Law ; IV. INTERNATIONAL CRIMINAL TRIALS ; The Rationale for International Criminal Justice ; International Criminal Justice in Historical Perspective: The Tension Between States' Interests and the Pursuit of International Justice ; The International Criminal Court as a Turning Point in the History of International Criminal Justice ; The International Criminal Court and Third States ; Politics and Justice: The Role of the Security Council ; Problematical Features of International Criminal Procedure ; Cooperation of States with International Criminal Tribunals ; Means of Gathering Evidence and Arresting Suspects in Situations of States' failure to Cooperate ; International v. National Prosecution of International Crimes ; Judicial Activism v. Judicial Restraint in International Criminal Law ; PART B: ISSUES, INSTITUTIONS AND PERSONALITIES ; PART C: CASES

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Book SynopsisThis book studies the law, working and effect of membership of the European Convention on Human Rights within thirty-two European states. Part I of the book explains and discusses the machinery of the Convention including the Court of Human Rights and considers comparative aspects with respect to its application and effect on individual member states. Part II then comprises thirty-two chapters each focusing on a particular member state, written by a leading judge, jurist or practitioner in or from the country concerned. Part III contains a selection of key documentation for reference purposes including very recent publications or reports on topical developments such as judicial appointments or the new protocol on non-discrimination. This large volume is by far the most comprehensive and up-to-date account of the ECHR in the domestic law and practice of member states, and has been prepared in association with the Council of Europe directorate of human rights to commemorate the 50th anniTrade Review... the reviews of each State are detailed and authoritative. * Human Rights Law Review *An excellent collection of essays. * Human Rights Law Review *Of great value to those who are anxious to know not just what the Strasbourg institutions have said the Convention means, but also the extent to which it has had any impact on the lives of people living in Convention states ... primarily of use as a work of reference ... it will also provide a benchmark of what needs to be done over the next 50 years if the ECHR is to continue to have a positive influence. * CAJ: Just News *I warmly welcome this unique and major addition to human rights literature. The editors have assembled an outstanding group of contributors to provide an authoritative, comprehensive and up-to-date analysis of the impact of the Convention on the legal and political systems within their own countries. The book is an indispensable work of reference, not merely for lawyers, but for all those concerned with the protection of human rights under the European Convention. * Sir Nicolas Bratza QC, European Court of Human Rights *Table of ContentsPART I: INTRODUCTORY: INTERNATIONAL AND COMPARATIVE ASPECTS OF THE EHCR AND ITS MEMBER STATES; PART II: THE EFFECT OF THE EHCR ON THE LEGAL AND POLITICAL SYSTEMS OF MEMBER STATES

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Book SynopsisThis sixth volume in the 'Oxford Law Colloquium' series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice.Trade Review... provides a useful insight into commercial remedies. It sets out essential issues from an academic viewpoint in various areas of commercial remedies, ranging from a broad spectrum of contractual damages to issues of unjust enrichment and penalty clauses. There is some useful input from practitioners' analysis of the subject. It should be of interest to both academics and practitioners. * International Company and Commercial Law Review *... raise[s] many pertinent issues which all lawyers should familiarise themselves with and the unique format providing both an academic and a practitioner-orientated perspectve makes it even more valuable. * Singapore Journal of Legal Studies *Commercial Remedies should certainly be of interest to any lawyer interested in commercial law. It raises a host of important issues, both old and new, that no commercial lawyer should be ignorant of and even where an issue is not discussed exhaustively, it provides a good starting point for both research and reflection. * Singapore Journal of Legal Studies *Table of ContentsPART A: COMPENSATION ; PART B: RESTITUTION AND PUNISHMENT ; PART C: AGREED REMEDIES, HUMAN RIGHTS AND CONFLICT OF LAWS

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Book SynopsisThe European Convention on Human Rights, which came into force in 1953 after signature, in 1950, established the most effective system for the international protection of human rights which has yet conme into existence anywhere in the world. Since the collapse of communism it has come to be extended to the countries of central and eastern Europe, and some seven hundred million people now, at least in principle, live under its protection. It remains far and away the most significant achievement of the Council of Europe, which was established in 1949, and was the first product of the postwar movement for European integration. It has now at last been incorporated into British domestic law. Nothing remotely resembling the surrender of sovereignty required by accession to the Convention had ever previously been accepted by governments. There exists no published account which relates the signature and ratification of the Convention to the political history of the period, or which gives an acTrade ReviewHuman Rights and the End of Empire is full of good things. It is well written, with numerous interesting (and provoking) asides and pen portraits of the dramatis personae. It provides an unrivalled narrative of the origins of the Convention and of British official attitudes to human rights in the immediate post-war years, and will be an invaluable aid to anyone wishing to understand the evolution of the European system of human rights protection. * Human Rights Law Review, Vol. 1, No. 2, Autumn 2001 *This is a major book by a master of legal history. * International and Comparative Law Quarterly *a very well written book, based on meticulous scholarship, with a convincing argument, and on a theme of great interest and importance, especially since September 11th. * Professor Bernard Porter, TLS *Table of ContentsNOTE ON THE PAPERBACK EDITION ; PREFACE ; ABBREVIATIONS ; 1. Human Rights, Fundamental Freedoms, and the World of the Common Law ; 2. The Mechanisms of Repression ; 3. The International Protection of Individual Rights Before 1939 ; 4. The Ideological Response to War: Codes of Human Rights ; 5. Human Rights and the Structure of the Brave New World ; 6. The Burdens of Empire ; 7. The Foreign Office Establishes a Policy ; 8. Beckett's Bill and the Loss of the Initiative ; 9. Conflict Abroad and at Home ; 10. The Growing Disillusion ; 11. Britain and the Western Option ; 12. From the Brussels Treaty to the Council of Europe ; 13. A Convention on the Right Lines: The Rival Texts ; 14. The Conclusion of Negotiations and the Rearguard Action ; 15. The First Protocol ; 16. Ratification and its Consequences ; 17. Emergencies and Derogations ; 18. The First Cyprus Case ; 19. The Outcome of the Two Applications ; 20. Coming In, Rather Reluctantly, From the Cold ; Bibliography ; Index

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Book SynopsisAnalyses the work of the International Labour Organisation (ILO) in developing the status of indigenous peoples in international law. Focussing on the creation and implementation of the two legally binding international instruments in the area, this book traces the political processes in the struggle of indigenous peoples for legal recognition.Table of ContentsI HISTORICAL ORIGINS; II THE LANGUAGE OF INTEGRATION; III THE FALL OF INTEGRATION

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Book SynopsisThis volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien Trade ReviewReview from previous edition Sensitive, highly informed and eminently readable, it offers a unique perspective that transcends the now trite arguments between the universalistic and cultural relativistic camps - in their evaluation of Human Rights in Muslim societies. It will undoubtedly prove beneficial, for these momentous times, as well as for the future. * Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta *Baderin has achieved in this slim volume what many a scholar might not have accomplished in a much larger one. * Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta *This sort of scholarship is particularly important for informing public policy in the present international environment. * European Journal of International Law *Baderin presents a masterful and thoroughly documented definition, exploration, and historical analysis of both 'human rights' and 'Islamic law'. * European Journal of International Law *Sensitive, highly informed and eminently readable, it offers a unique perspective that transcends the now trite arguments between the universalistic and cultural relativistic camps - in their evaluation of Human Rights in Muslim societies. It will undoubtedly prove beneficial, for these momentous times, as well as for the future. * Hameed Agberemi, Research Fellow, Islam and Human Rights Programme, Emory University Law School, Atlanta *This is an ambitious book...the book boldly challenges the argument that the observance of international human rights law is impossible within an Islamic legal dispensation * Humanitäres Völkerrecht Informationsschriften *Table of ContentsDedication ; Acknowledgements ; Preface ; Contents ; Table of Cases ; Table of Treaties and Declarations ; Glossary ; 1. Introduction ; 2. Human Rights and Islamic Law ; 3. The International Covenant on Civil and Political Rights (ICCPR) in the Light of Islamic Law ; 4. The International Covenant on Economic, Social and Cultural Rights (ICESCR) in the Light of Islamic Law ; 5. Conclusion ; Annexe: The Cairo Declaration on Human Rights in Islam ; Glossary ; Bibliography ; Index

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Book SynopsisThe Asylum and Immigration (Treatment of Claimants etc) Act 2004 substantially revised the immigration appeal system, with the previous two-tier system being fused into the new Asylum and Immigration Tribunal. Where a party wishes to challenge a decision of the Tribunal, they must show it has made an ''error of law'' in order to access a new review procedure. Subsequent appeal rights to the Court of Appeal are dependent on the exhaustion of these new remedies. The complexity of the legislation, and the strict new time limits, can present practitioners with real practical challenges.This new handbook applies substantive asylum and human rights law to the difficult practical problems encountered by practitioners in the wake of the new legislation. Key areas covered include challenges to credibility and document authenticity, disputed nationality cases, Article 3 cases based on medical grounds, and certified cases. The text covers all relevant law, practice, and procedure in a user-friendTable of Contents1. Introduction ; 2. Asylum ; History of the Refugee Convention ; Implementation of Convention in UK law ; Article 1A(2) - introduction ; Well-founded fear of persecution ; Persecution ; Causation 'for reasons of' ; 'Convention reason' ; Internal relocation ; Article 1C - cessation ; Article 1D - UNRWA ; Article 1F - exclusion of undeserving individuals ; Practice and Procedure note ; 3. Article 3 of the European Convention on Human Rights ; Application of the Convention by the domestic courts and the use of Stasbourg jurisprudence ; Article 3 and the Burden and Standard of Proof ; Inhuman and degrading treatment and punishment ; Torture ; Spectrum of Article 3 cases and the scope for state action ; State protection and non-state actors ; Medical conditions and insufficiency of treatment ; Suicide risk ; Destitution/ refusal of asylum support ; Dispersal ; Practice and Procedure Note ; Practice and Procedure Note ; 4. Article 8 of the European Convention on Human Rights ; Rights protected ; Burden and standard of proof ; Appeals ; Practice and Procedure Note ; Practice and Procedure Note ; 5. Other Human Rights Articles potentially applicable in the asylum and human rights context ; Introduction ; Article 2 ; Article 4 ; Article 5 ; Article 6 ; Article 7 ; Article 9 ; Article 10 ; Article 12 & 14 ; Article 8 & 14 ; Practice and Procedure Note ; 6. Rights of Appeal ; Old Rights of Appeal ; The Current Appeals System ; Rights of Appeal ; Grounds of Appeal ; Exceptions and Limitations ; In country and out of country appeal rights ; The one-stop procedure ; Suspensory effect of pending appeals ; Jurisdiction - powers of the Tribunal ; Appeals from the Asylum and Immigration Tribunal ; Practice and Procedure Note ; 7. Certification and Removal ; Third country certification - Dublin Convention and safe third country certification ; Third country certification ; Dublin convention certification ; Clearly unfounded certification - section 94, 2002 Act ; Earlier right of appeal certification - section 96 Nationality, Immigration and Asylum Act 2002 ; National security - section 97 Nationality, Immigration and Asylum Act 2002 ; Grounds of public good - s98 ; Certification under the 2006 Act - Refugee Convention Certification - s55 ; Fresh claims and further representations ; Removal cases - injunctions and emergency injunctions ; Practice and Procedure Note ; 8. Detention and Bail ; Introduction ; Powers to detain ; Bail ; Temporary Admission ; Fast-tracking ; Practice and Procedure Note ; Practice and Procedure Note ; 9. Future Reforms

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Book SynopsisAt the turn of the millennium, a new phenomenon emerged: conservatives, who just decades before had rejected the expanding human rights culture, began to embrace human rights in order to advance their political goals. In this book, Nicola Perugini and Neve Gordon account for how human rights -- generally conceived as a counter-hegemonic instrument for righting historical injustices -- are being deployed to further subjugate the weak and legitimize domination. Using Israel/Palestine as its main case study, The Human Right to Dominate describes the establishment of settler NGOs that appropriate human rights to dispossess indigenous Palestinians and military think-tanks that rationalize lethal violence by invoking human rights. The book underscores the increasing convergences between human rights NGOs, security agencies, settler organizations, and extreme right nationalists, showing how political actors of different stripes champion the dissemination of human rights and mirror each other'Trade ReviewThe Human Right to Dominate is a compelling book for many reasons. The authors present a clear argument that the relationship between human rights and domination is strong and insidious, and explore it through the case of the seemingly intractable Israel/Palestine conflict, which attracts some of the most voluble human rights debate. ... Perugini and Gordon have made a welcome contribution to the growing range of scholarship that takes a hard, critical look at what the human rights system has become. * Lori Allen, Global Discourse *The tight relationship between human rights and the sovereign state has elicited significant critical attention (Agamben, 1998; Arendt [1951] 1968; Douzinas, 2000; cf. Cohen, 2012), and Perugini and Gordon (2015) make an important contribution to this literature as they examine Israel's creation as a representative example of "the constitutive relationship between human rights, national statecraft, and domination" (Perugini and Gordon, 2015:30). * Ayten Gündoğdu, Journal of International Political Theory *This books intriguing title sums up a critical, compelling and innovative analysis of human rights Perugini and Gordon make a very important contribution to re-thinking the role of human rightstheir relation to state power, to domination and oppression and their functioning in social struggles. * Thomas Spijkerboer, Human Rights Law Review *Nourished by a profound knowledge of the intricacies of the situation in Israel and Palestine, Nicola Perugini and Neve Gordon uncover a remarkable paradox of contemporary society: how the claim for human rights can coexist with the use of violence and serve purposes of domination. Their convincing analysis invites a critical rethinking of the global moral order. * Didier Fassin, editor of Moral Anthropology and Contemporary States of Emergency *This is a stunning book. The clarity and insight of The Human Right to Dominate should be required reading for anyone concerned with human rights. The aim of the authors is not to debunk the concept, but to suggest that it must be open to a critical reinterpretation that subverts, rather than reinforces, relations of domination. * Joan W. Scott, School of Social Science, Institute for Advanced Study *For Nicola Perugini and Neve Gordon, if we celebrate the idea of human rights when progress occurs, we must also blame it when things go wrong. And their disturbing book on the fate of human rights in Israel/Palestine in the last decade shows why - not least when illegal settlers claim the ideals for themselves. But while wary of easy uplift, The Human Right to Dominate ultimately calls for saving human rights from what they have become in an age when states usually win and our highest values can help launder endless wars. * Samuel Moyn, author of The Last Utopia: Human Rights in History *The Human Right to Dominate is a highly original, provocative, and timely contribution. Perugini and Gordon offer a critical realist examination of the state of human rights in light of the fact that states, militaries, and other national security actors have used the language of human rights to justify wars, occupations, and extra-judicial executions. This, they argue, is not a misappropriation but a paradoxical consequence of the successful elevation of human rights language into a globalized normative framework. * Lisa Hajjar, author of Courting Conflict: The Israeli Military Court System in the West Bank and Gaza *The text is cogently argued, thought-provoking, and filled with fascinating detail. Perugini and Gordon provide a convincing demolition of the idea that human rights stand above politics, and that they always work in defense of the oppressed. * James Eastwood, Journal of Palestine Studies *Table of ContentsAcknowledgments ; Introduction: Human Rights as Domination ; Chapter 1: The Paradox of Human Rights ; Chapter 2: The Threat of Human Rights ; Chapter 3: The Human Right to Kill ; Chapter 4: The Human Right to Colonize ; Conclusion: What Remains of Human Rights? ; Notes ; Bibliography ; Index

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