Public international law: human rights Books
Cambridge University Press Chinese Refugee Law and Policy
Book SynopsisThis book is the first to systematically examine Chinese refugee law and policy. It provides in-depth legal and policy analysis and makes recommendations to relevant stakeholders, drawing upon not only existing legal and policy scholarships but also empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced population. It is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.Trade Review‘It can be very difficult, at the best of times, to penetrate the often intricate network of interacting policies, practices and laws which will determine who gets asylum protection in any one country and who does not. China's system is a particular case in point. Lili Song, through her assiduous research and clear understanding of what it can mean to go down the asylum road in China, has made a significant contribution to demystifying the decision-making processes, clarifying constraints and understanding how they play out in the broader international and regional contexts. An insightful and very worthwhile piece of scholarship.’ Erika Feller, University of Melbourne'China’s asylum policy is a conundrum. It is a long-time party to the Refugee Convention that received some 300,000 Vietnamese refugees during the 1970s and still tolerates a robust protection regime in Hong Kong. Yet China has no formal asylum procedure, receives only a trickle of protection requests, and stands accused of refoulement of North Korean and other refugees. Lili Song’s historical and policy analysis is a welcome first look at how this legal regime evolved, and where it is headed.’ James C. Hathaway, University of Michigan‘Despite China's mounting influence on the international stage and its growing engagement with international humanitarian and human rights issues, the country's refugee law and policy have never been the subject of a comprehensive and systematic analysis. This volume fills that major gap in an admirable manner, providing an incisive account of the Chinese perspective on refugee issues, both globally and in the Asian context.’ Jeff Crisp, University of Oxford and Chatham House'As Dr Song explains in this book, China has a long and varied experience with refugees, including the Indochinese crisis in the 1970s and 1980s, and more recently from North Korea and Myanmar. A little-known fact is that China has been a party to the Refugee Convention since 1982. This book provides unique and informed insights into China’s response to refugee issues nationally, and as a regional and global actor. It includes contemporary accounts of the responses of the two Special Administrative Regions of Hong Kong and Macau.’ Susan Kneebone, University of MelbourneTable of Contents1. Introduction; Part I. Mainland China: 2. Refugees and other displaced foreigners in China; 3. The framework: law, policy and institutions; 4. The reality: treatment of refugees in China; Part II. Hong Kong Special Administrative Region and Macau Special Administrative Region: 5. Refugee law and policy in Hong Kong; 6. Refugee law and policy in Macau; 7. Conclusion and recommendations; Select bibliography; Index.
£21.99
Cambridge University Press International Human Rights Law and Practice
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£133.00
Cambridge University Press The Family in EU Law
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£85.50
Cambridge University Press Modern Slavery and the Governance of Global Value Chains
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£104.50
Cambridge University Press Appearance Inequality and the Law
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£90.00
Cambridge University Press Justice for Some
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£108.00
Cambridge University Press Intersectionality in the Human Rights Legal
Book SynopsisA new theoretical concept is becoming increasingly visible within the current human rights framework on violence against women (VAW): intersectionality. This book clarifies the main aspects of this concept within different jurisdictions and will appeal to human rights scholars, lawyers and other practitioners.Table of ContentsPart I. Introduction: 1. Introduction; 2. Intersectionality and violence against women; Part II. Intersectionality in Law: 3. The human rights framework on violence against women; 4. Intersectionality in the United Nations; 5. Intersectionality in the Council of Europe and inter-American system; Part III. Intersectionality in Practice: 6. Empirical case in Europe: Romani women and domestic violence; 7. Empirical case in the Americas: women, diversity and domestic violence; Part IV. Conclusion.
£99.75
Cambridge University Press Human Dignity The Constitutional Value and the Constitutional Right
Book SynopsisHuman dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.Trade Review'An engaging explication of a legal value whose time has come. The twenty-first century will be the century of dignity.' Human Rights Law ReviewTable of ContentsIntroduction; Part I. Fundamental Concepts and History: 1. The various aspects of human dignity; 2. The intellectual history of the social value of human dignity; 3. Human dignity as a value and as a right in international documents; 4. Human dignity as a value and as a right in constitutions; Part II. Human Dignity as a Constitutional Value: 5. Purposive constitutional interpretation; 6. The role of human dignity as a constitutional value; 7. Three types of models for determining the content of the constitutional value of human dignity; Part III. Human Dignity as a Constitutional Right: 8. Recognition of the constitutional right to human dignity and its content; 9. Human dignity as a framework right (mother-right); 10. The area covered by the right to human dignity; Part IV. Human Dignity in Comparative Law: 11. Human dignity in American constitutional law; 12. Human dignity in Canadian constitutional law; 13. Human dignity in German constitutional law; 14. Human dignity in South African constitutional law; 15. Human dignity in Israeli constitutional law.
£36.09
Cambridge University Press The Childs Right to Development
Book SynopsisThis book provides a comprehensive account of how child development and the right to development of children have been understood in international children''s rights law. It argues that any conceptions of childhood focussed either on children''s future as adults, or on children''s lives in the present, overlook the hybridity of children''s lived experiences. The book therefore suggests a new conception of childhood - namely, ''hybrid childhood'' - which accommodates respect for children''s agency and human dignity in the present, in the process of growth, and in the outcomes of this process when the child becomes an adult. Consequently, and building on the capability approach''s idea of human development, the book presents a radical new interpretation of the child''s right to development under the UN Convention on the Rights of the Child. It offers a comprehensive interpretation of the right to development, which is one of the four guiding principles of the Convention.Trade Review'The Child's Right to Development is an extremely welcome addition to the field of children's rights scholarship. The right to development is fundamental to understanding the Convention on the Rights of the Child but has, to date, been neglected completely in research and scholarship. Dr Peleg's detailed and thoughtful legal analysis situates the right within wider childhood theory and child development practice. This scholarly critique is a must read for every children's rights academic or student.' Laura Lundy, Co-Editor in Chief International Journal of Children's Rights; Co-Director, Centre for Children's Rights, Queen's University Belfast'Focusing on the crucial issue of the child's right to development under the UN Convention on the Rights of the Child - a historically under-researched and marginalised topic - Peleg's book is a key contribution to our understanding of children, development and rights. In providing a much-needed justification and critical account of this right, Peleg outlines a highly original and inter-disciplinary conception of development, thereby pushing the boundaries of human rights scholarship.' Aoife Nolan, University of Nottingham and Member, Council of Europe European Committee of Social Rights'There is a serious deficit both in conceptualisation, and understanding of the child's right to development, as well as its synergy with other rights. The intellectual rigour with which these issues are argued in this book makes it an important and accessible resource to a diverse group of professionals that are working towards the creation of a world that is fit for children.' Benyam Dawit Mezmur, University of the Western Cape, South Africa and former Chairperson of the UN Committee on the Rights of the Child and of the African Committee of Experts on the Rights and Welfare of the Child'The Child's Right to Development makes a remarkable contribution to the field of children's rights and legal scholarship. This monograph is rich, both in terms of its theoretical foundation and conceptual depth. Strengthened by Peleg's considerable archival analysis, it presents an innovative cross-disciplinary understanding of child development that leads to a more 'concrete interpretation of the child's right to development'. This monograph deserves a wide readership and has clear international appeal.' Dr Faith Gordon, Australian Journal of Human Rights'The book offers a new conception of 'hybrid' childhood in which two existing interpretations - one focused on children's future as adults, the other on their present situation as children, which come together to combine children's right to dignity and agency with their right to development as a process of growth. Drawing on the paradigm of capability, it also suggests a new reading of the right to development as one of the four guiding principles of the CRC.' Urszula Markowska-Manista, Journal of Social Welfare and Family Law'The Child's Right to Development makes a significant contribution not only to legal studies and international human rights law but to conceptual advancements in the field of childhood studies … Peleg builds on key principles of childhood studies such as agency, participation, recognition and intersectionality to argue that there is no right way for a child to develop. The real contribution of the monograph lies in applying these important principles to broaden the scope of the CRC 'in order to create a coherent and meaningful interpretation of the right to development' [(p. 13)], which respects children's agency and the heterogeneity of childhood.' Antonia Canosa, Global Studies of Childhood'The Child's Right to Development is remarkable, not only for its intellectual rigour and depth of analysis, but also the innovation it brings to the issues. The breadth of Peleg's research makes it a welcomed resource for child rights academics, practitioners, students – and indeed anyone interested in the field of child rights law. Presented in accessible and lucid prose, Peleg engages his readers, critically challenging our perceptions of children, childhood, and the journey into adulthood. He leaves us with an appreciation that, '[g]rowing up is something that children do, but it is not the only thing that they do, nor can it be the only thing that defines them: children participate in giving meaning to the complexity of their own childhood, which is not limited to the question of their future' (192).' Sheila Varadan, International Journal of Law, Policy and the Family'This work … is useful for those practitioners working to uphold the rights of children either in government or in the non-governmental and civil society sectors … Peleg's work is a reminder that as human rights practitioners and educators we must continue to build a child-centred pedagogy, one which intentionally strives to amplify the voices of the young rather than regarding what they say as an afterthought. Undoubtedly, this requires work, but it is how we truly reimagine spaces that uphold child rights and child agency.' Marissa A. Gutierrez-Vicario, Human Rights Education ReviewTable of ContentsIntroduction; 1. Embedding the protection of 'child development' into international children's rights law; 2. Creating the right to development of children; 3. The UN Committee on the Rights of the Child's interpretation of the right to development; 4. Exploring the meanings of human and child development; 5. A new framework for analysing the child's right to development; Conclusion.
£27.76
Cambridge University Press Human Rights in Emergencies ASIL Studies in International Legal Theory
Book SynopsisPublic emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.Table of ContentsIntroduction: testing human rights theory during emergencies Evan J. Criddle; Part I. Designing a Human Rights Regime for Emergencies: 1. Constrained derogation in positive human rights regimes Gerald L. Neuman; 2. Protecting human rights during emergencies: delegation, derogation, and deference Evan J. Criddle; 3. Two models of normative frameworks for human rights during severe emergencies James W. Nickel; Part II. Law, Politics, and Power: 4. Emergency and escape: explaining derogations from human rights treaties Emily M. Hafner-Burton, Laurence R. Helfer and Christopher J. Fariss; 5. The cloak and dagger game of emergency and war Fionnuala Ní Aoláin; 6. The law of emergency and reason of state Thomas Poole; 7. Human rights lawyers v. Carl Schmitt William E. Scheuerman; Part III. Emerging Challenges: 8. Human rights and derogation in peacekeeping: addressing a legal vacuum within the state of exception Scott Sheeran; 9. Austerity measures and international economic, social, and cultural rights Diane A. Desierto.
£29.44
Cambridge University Press Diversity and European Human Rights
Book SynopsisThrough redrafting the judgments of the European Court of Human Rights, international scholars demonstrate how these judgments could improve the mainstreaming of diversity. Considering six groups - women, children, LGB persons, ethnic and religious minorities, and persons with disabilities - this book demonstrates how academic analysis can translate into judicial practice.Table of ContentsIntroduction Eva Brems; Part I. Children: 1. Rewriting V v. the United Kingdom: building on a groundbreaking standard Ursula Kilkelly; 2. Images of children in education: a critical reading of D. H. and Others v. The Czech Republic Sia Spiliopoulou Åkermark; 3. Mainstreaming children's rights in migration litigation: Muskhadzhiyeva and Others v. Belgium Wouter Vandenhole and Julie Ryngaert; Part II. Gender: 4. Redrafting abortion rights under the Convention: A, B and C v. Ireland Patricia Londono; 5. A noble cause: a case study of discrimination, symbols and reciprocity Yofi Tirosh; 6. From inclusion to transformation: rewriting Konstantin Markin v. Russia Alexandra Timmer; Part III. Religious Minorities: 7. Rethinking Deschomets v. France: reinforcing the protection of religious liberty through personal autonomy in custody disputes Renata Uitz; 8. Mainstreaming religious diversity in a secular and egalitarian state: the road(s) not taken in Leyla Sahin v. Turkey Pierre Bosset; 9. Suku Phull v. France rewritten from a procedural justice perspective: taking religious minorities seriously Saïla Ouald Chaib; Part IV. Sexual Minorities: 10. Rewriting Schalk and Kopf: shifting the locus of deference Holning S. Lau; 11. The burden of conjugality Aeyal Gross; 12. The public faces of privacy: rewriting Lustig-Prean and Beckett v. the United Kingdom Michael Kavey; Part V. Disability: 13. Unravelling the knot: Article 8, private life, positive duties and disability: rewriting Sentges v. The Netherlands Lisa Waddington; 14. Re-thinking Herczegfalvy: the Convention and the control of psychiatric treatment Peter Bartlett; 15. Rewriting Kolanis v. the United Kingdom: the right to community integration Maris Burbergs; Part VI. Cultural Minorities: 16. Minority marriage and discrimination: redrafting Muñoz Díaz v. Spain Eduardo J. Ruiz Vieytez; 17. Chapman redux: the European Court of Human Rights and Roma traditional lifestyle Julie Ringelheim; 18. Erasing Q, W and X, erasing cultural difference Lourdes Peroni.
£39.89
Cambridge University Press Weapons Under International Human Rights Law
Book SynopsisHow does international human rights law apply to the production, transfer and use of weapons by State and non-State actors? This book draws on all aspects of international weapons law and includes a highly topical discussion on armed drones and cyberattacks.Table of ContentsPart I. The Use of Weapons in Law Enforcement: 1. The use of firearms in law enforcement Stuart Casey-Maslen; 2. The use of 'less-lethal' weapons in law enforcement Abi Dymond and Neil Corney; 3. Crowd management, crowd control, and riot control Stuart Casey-Maslen; 4. The use of weapons in custodial centres Silvia Suteu; 5. The use of weapons in counterpiracy Alice Priddy; Part II. International Human Rights Law and Conflict: 6. Weapons and armed non-State actors Andrew Clapham; 7. The use of weapons in peace operations Nigel White; 8. The use of weapons in armed conflict Stuart Casey-Maslen and Sharon Weill; 9. The use of weapons and jus ad bellum Stuart Casey-Maslen; Part III. Weapons and Technologies under International Law: 10. Cyberattacks and international human rights law David P. Fidler; 11. The use of riot control agents in law enforcement Michael Crowley; 12. The use of incapacitants in law enforcement Michael Crowley; 13. The use of armed drones Stuart Casey-Maslen; Part IV. Weapons Design, Acquisition, and Transfer under Human Rights Law: 14. The review of weapons under international humanitarian and human rights law Stuart Casey-Maslen, Abi Dymond and Neil Corney; 15. Arms transfers and international human rights law Annyssa Bellal; 16. Implications for arms acquisitions of economic, social, and cultural rights Gilles Giacca and Tahmina Karimova; Part V. Responsibility for Unlawful Use of Weapons under Human Rights Law: 17. Weapons and the human rights responsibilities of multinational corporations Ralph Steinhardt; 18. Remedies and reparations Megan Burke and Loren Persi-Vicentic; Part VI. Future Regulation of Weapons under International Law: 19. Existing and future weapons and weapons systems Stuart Casey-Maslen.
£44.64
Cambridge University Press Human Rights Democracy and Legitimacy in a World of Disorder
Book SynopsisThis book is for philosophers, legal scholars, and every reader who is interested in knowing more about the key concepts that help to stabilize states and the international order: human rights, democracy, and legitimacy. This volume shows the new challenges they will face in the conditions of disorder brought by the twenty-first century.Table of ContentsIntroduction; Part I. General Aspects of Human Rights, Democracy, and Legitimacy: 1. Human rights as membership rights in the world society Mathias Risse; 2. Human rights, treaties, and international legitimacy Gerald L. Neuman; 3. Human rights and constitutional rights: a proceduralizing function for substantive constitutional law? Frank I. Michelman; 4. Expectation-based legitimacy Wilfried Hinsch; 5. The second bill of rights: a reconsideration Samuel Moyn; Part II. Current Problems of Human Rights, Democracy, and Legitimacy: 6. Human rights and the legitimate governance of existential and global catastrophic risks Silja Voeneky; 7. On the human right to health: statistical lives, contingent persons, and other difficult questions I. Glenn Cohen; 8. Democracy, health systems, and the right to health: narratives of charity, markets, and citizenship Alicia Ely Yamin; 9. Political legitimacy and private governance of human rights: community-business social contracts and constitutional moments Tyler Giannini; 10. Human rights and legitimacy in the implementation of EU asylum and migration law Iris Goldner Lang; 11. On uses and misuses of human rights in European constitutionalism Vlad Perju.
£31.90
Cambridge University Press Mental Health Legal Capacity and Human Rights
Book SynopsisThis book is for scholars, practitioners, and advocates in law, psychiatry, and public health and policy. It is essential reading for anyone interested in applying human rights principles to mental health settings or supporting people with psychosocial disabilities to make rights-based decisions about their own wellbeing.Trade Review'I welcome the initiative of the group of scholars, mental health practitioners, human rights experts and persons with disabilities that has led to the publication of Mental Health, Legal Capacity, and Human Rights. Only by working together, can we succeed. Building knowledge is the path to drawing the roadmap towards more just and inclusive societies.' António Guterres, United Nations Secretary-General (from the Foreword to the volume)'… the most useful book that has been published in recent times … offers a 'comprehensive, interdisciplinary analysis of legal capacity in the realm of mental health.' … readers from all backgrounds with an interest in these critically important issues will find themselves informed, stimulated and challenged in equal ways. Especially in the circumstances of the pandemic … the editors are to be congratulated on bringing together, and home, such an important work.' Alex Ruck Keene, Mental Capacity Law and PolicyTable of ContentsIntroduction: A 'paradigm shift' in mental health care Faraaz Mahomed, Michael Ashley Stein, Vikram Patel and Charlene Sunkel; 1. The alchemy of agency: reflections on supported decision-making, the right to health and health systems as democratic institutions Alicia Ely Yamin; 2. Redefining international mental health care in the wake of the COVID-19 pandemic Benjamin A. Barsky, Julie Hannah and Dainius Pūras; 3. Reparation for psychiatric violence: a call to justice Tina Minkowitz; 4. Divergent human rights approaches to capacity and consent Gerald L. Neuman; 5. From fairy tale to reality: a practical legal approach towards the global abolition of psychiatric coercion Laura Davidson; 6. The “fusion law” proposals and the CRPD John Dawson and George Szmukler; 7. Contextualising legal capacity and supported decision making in the Global South – Experiences of homeless women with mental health issues from Chennai, India Mrinalini Ravi, Barbara Regeer, Archana Padmakar, Vandana Gopikumar and Joske Bunders; 8. The potential of the legal capacity law reform in Peru to transform mental health provision Alberto Vásquez Encalada; 9. Advancing disability equality through supported decision making: the CRPD and the Canadian constitution Faisal Bhabha; 10. Decisional autonomy and India's Mental Healthcare Act, 2017: a comment on emerging jurisprudence Soumitra Pathare and Arjun Kapoor; 11. Towards resolving damaging uncertainties: progress in the United Kingdom and elsewhere Adrian D. Ward; 12. “The revolution will not be televised”: recent developments in mental health law reform in Zambia and Ghana Heléne Combrinck and Enoch Chilemba; 13. Supported decision-making and legal capacity in Kenya Elizabeth Kamundia and Ilze Grobbelaar-du Plessis; 14. Seher's “circle of care” model in advancing supported decision making in India Bhargavi V. Davar, Kavita Pillai and Kimberly LaCroix; 15. The Swedish personal ombudsman: support in decision-making and accessing human rights Ulrika Järkestig Berggren; 16. Strategies to achieve a rights based approach through WHO Quality Rights Michelle Funk, Natalie Drew Bold, Joana Ansong, Daniel Chisholm, Melita Murko, Joyce Nato, Sally-ann Ohene, Jasmine Vergara and Edwina Zoghbi; 17. The Clubhouse Model: A framework for naturally occurring supported decision making Joel D. Corcoran, Cindy Hamersma and Steven Manning; 18. Mind the gap: researching “alternatives to coercion” in mental health care Piers Gooding; 19. Psychiatric advance directives and supported decision-making: preliminary developments and pilot studies in California Christopher Schnieders, Elyn R. Saks, Jonathan Martinis and Peter Blanck; 20. Community-based mental health care delivery with partners in health: a framework for putting the CRPD into practice Stephanie L. Smith; 21. Lived experience perspectives from Australia, Canada, Kenya, Cameroon and South Africa – conceptualizing the realities Charlene Sunkel, Andrew Turtle, Sylvio A Gravel, Iregi Mwenja and Marie Angele Abanga; 22. In the pursuit of justice: advocacy by and for hyper-marginalized people with psychosocial disabilities through the law and beyond Lydia X. Z. Brown and Shain M. Neumeier; 23. The Danish experience of transforming decision-making models Dorrit Cato Christensen; 24. The use of patient advocates in supporting people with psychosocial disabilities Aikaterini Nomidou; 25. Users' involvement in decision-making: lessons from primary research in India and Japan Kanna Sugiura; 26. Involvement of people with lived experience of mental health conditions in decision-making to improve care in rural Ethiopia Sally Souraya, Sisay Abyaneh, Charlotte Hanlon and Laura Asher.
£95.00
Cambridge University Press Due Diligence Obligations in International Human Rights Law
Book SynopsisIntroducing an analytical framework for international due diligence obligations and testing it against several practical examples, this book is of relevance to both scholars and students of public international law as well as to practitioners and political decision-makers in the field of human rights protection.Table of ContentsIntroduction; 1. Why to analyze state responsibility for human rights violations: the flawed debate on direct human rights obligations for non-state actors; 2. Establishing state responsibility for human rights violations: proposal for a conduct-based typology of human rights obligations; 3. The origins of due diligence in international law; 4. The components of the due diligence standard; 5. Lessons to be learned from the application of due diligence obligations in other fields of International Law; 6. Applying the due diligence framework to the field of human rights protection; 7. A case for extraterritorial due diligence obligations in the human rights context; Summary and outlook; Index.
£104.50
Cambridge University Press Shifting Legal Visions
Book SynopsisThrough an in-depth exploration of the interactions between judges, prosecutors and lawyers in three Latin American countries, Shifting Legal Visions asks how changing ideas about the law condition the outcome of human rights trials and the exercise of judicial power more broadly.Trade Review'Shifting Legal Visions is a fascinating analysis of how Latin American judges came to hold dictatorial torturers and murderers accountable after years of shielding them from justice. The driving force behind this profound conversion, Ezequiel A. González-Ocantos demonstrates in this carefully designed and richly researched account, was the persistent, strategic effort of human-rights NGO's to teach judges new ways of thinking and ruling. This transformative, path-breaking book will be a must-read for scholars and human-rights organizers alike.' Charles Epp, University of Kansas'Many transitions to democracy rest on a Faustian bargain with the outgoing repressive regime, formalized in a legal impunity regime. This book explores the work of the human rights activists and organizations that dismantled those impunity regimes in Latin America. They did so in large part, González-Ocantos argues, by changing the way law was understood, educating supportive judges, and removing the intransigent ones. The argument contributes importantly to the literature on comparative judicial politics by paying attention to what is unique about law and courts, without losing sight of their political nature. González-Ocantos brings theories of judicial behavior into conversation with broader institutionalist theories in comparative politics, to produce a deeper, richer theory of institutional change and judicial behavior. The book's focus on ideational as well as strategic motivations brings new understanding to an issue that has become central to the construction of democracy, and pushes forward our thinking about why judges do what they do, especially in the area of transitional justice.' Daniel Brinks, University of Texas, Austin'… a fascinating comparative study of how Latin American judicial systems have reacted to the efforts of activists to pursue 'strategic litigation' to bring to account those guilty of human-rights abuses. The author focuses on the role of 'legal preferences'. … With a sophisticated comparative research design and impressive documentary and interview-based evidence, the study accounts for variation across and within the cases of Argentina, Mexico, and Peru. The author emphasizes the diffusion of technical know-how and socialization to change norms and identifies in support of rights-based jurisprudence. At the same time, he recognizes the process as a fundamentally political one. Technical expertise about legal remedies from international law can prove inadequate in the face of intransigent judges supporting the old order, and politicians must be pressured to replace them. Identifying the conditions under which 'replacement' supplements 'persuasion' is one of many contributions of this fine book.' Matthew Evangelista, Cornell University, New YorkTable of Contents1. From unresponsive to responsive judiciaries; 2. Legal preferences and strategic litigation: a theory of judicial change; 3. Argentina: pedagogical interventions and replacement strategies in the struggle for human rights; 4. Peru: pedagogical interventions and human rights trials in unfriendly territory; 5. Mexico: an untamed judiciary and the failure of criminal prosecutions; 6. Comparative perspectives on the problem of legal preferences.
£29.44
Cambridge University Press Collective Equality
Book SynopsisThis book will appeal to academics and students studying law, transitional justice, political science and international relations as well as to policymakers, diplomats, journalists and civil society professionals working on conflict related injustices and are interested in the role of law and justice in political transitions and peacebuilding.Table of Contents1. Introduction; Part I. Human Rights and Democracy in Deeply Divided Places: 2. The politics of ethno-national conflicts; 3. The limits of partition; 4. Limitations of human rights; Part II. Revisiting Assumptions: 5. Rethinking democracy; 6. Human rights versus power-sharing; Part III. Collective Equality: 7. Collective equality: theoretical foundations for the law of peace; 8. Collective equality and sustaining peace; 9. Collective equality and international law; Conclusion.
£90.25
Cambridge University Press A Global Political Morality
Book SynopsisIn A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term ''human right'' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.Trade Review'… an extremely important and timely work, by one of the most prominent scholars of human rights, constitutional law and religious freedom in the United States. In it, Perry does nothing less than seek to reorient our understanding of human rights, by rooting them in the psychological phenomenon of agape – or love, as in brotherly love or the unconditional love of God, of the highest form. This foundation, which resonates better than liberal attitudes of respect with central tenets of the major world religions in both West and East, allows him to offer an account of human rights that should prove increasingly influential as globalization progresses. Perry's work presses us to think more deeply about how human rights might be perfected from a moral perspective, and not just better enforced. His views are especially laudable in that they draw on what is deep about religious experience without countenancing what is narrow.' Robin Bradley Kar, Walter V. Schaefer Visiting Professor of Law, University of Chicago Law School and University of Illinois'Michael J. Perry's A Global Political Morality: Human Rights, Democracy, and Constitutionalism is a tour de force. It is a cutting-edge book in political theory that is deeply informed by a number of disciplines, including modern global history, constitutional law, international law, and religious studies. It is written in a clear, engaging, and economical style. Perry incorporates the fruits of his previous scholarship in this work of fresh insight.' M. Cathleen Kaveny, Darald and Juliet Libby Professor of Law and Theology, Boston College, Massachusetts'I am enthusiastic about the contributions this book makes to the literature of human rights and constitutionalism. It presents an original thesis about human rights discourse and a novel argument about how that discourse ought to fit into our existing structure for constitutional law and adjudication. Perry's position is logically constructed and lucidly presented. In explicating it he offers one illuminating insight after another. I have read fairly widely in the human rights literature and I have not read any argument that makes more sense in explaining the force of the human rights idea.' Richard S. Kay, Wallace Stevens Professor of Law, University of Connecticut'With his usual precision, Michael Perry offers a powerful – and qualified – defense of a political morality of human rights that illuminates important issues of substance and institutional design. Perry's explanation of how courts can enforce substantive human rights without undermining the human right to democratic self-government by using a carefully defined concept of deference, is a significant contribution to his already distinguished body of work.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, Massachusetts'Long an accomplished and distinctive liberal-minded voice in both fields, Michael Perry returns here to the contentious question of whether and how an express regard for the international discourse of human rights can and should enter into constitutional adjudication in the US. The work brings together Perry's moderately combative account of a moral core in the human-rights discourse with a perspicuous probing of the grounds for a justiciable bill of rights in a liberal democracy, yielding much for both moralists and lawyers to chew on.' Frank I. Michelman, Robert Walmsley University Professor, Emeritus, Harvard Law School, MassachusettsTable of ContentsIntroduction; Part I. The Morality of Human Rights: 1. What are 'human rights'? Against the 'orthodox' view; 2. What reason(s) do we have, if any, to take human rights seriously? Beyond 'human dignity'; Part II. From the Morality of Human Rights to Democracy and to Certain Limitations on Democracy: 3. The three pillars of democracy: the human rights to democratic governance, intellectual freedom, and moral equality; 4. Democracy limited: the human right to religious and moral freedom; Part III. Human Rights, Democracy, and Constitutionalism: 5. A theory of judicial review; 6. The theory illustrated: five constitutional controversies, five judicial opinions; 7. Poverty as a human rights issue: constitutionalism-related reflections; Concluding note: human rights foundationalism.
£29.99
Cambridge University Press Religious Freedom and the Universal Declaration of Human Rights
Book SynopsisArticle 18 of the Universal Declaration of Human Rights (1948) is widely considered to be the most influential statement on religious freedom in human history. Religious Freedom and the Universal Declaration of Human Rights provides a groundbreaking account of its origins and developments, examining the background, key players, and outcomes of Article 18, and setting it within the broader discourse around international religious freedom in the 1940s. Taking issue with standard accounts that see the text of the Universal Declaration as humanity''s joint response to the atrocities of World War II, it shows instead how central features of Article 18 were intimately connected to the political projects and visions of particular actors involved in the start-up of the UN Human Rights program. This will be essential reading for anyone grappling with the historical and contemporary meaning of human rights and religious freedom.Table of ContentsIntroduction; 1. Freedom of thought and conscience; 2. The right to change religion or belief; 3. In community with others; Conclusion.
£31.90
Cambridge University Press Grassroots Activism and the Evolution of Transitional Justice
Book SynopsisThe families of the disappeared have long struggled to uncover the truth about their missing relatives. In so doing, their mobilization has shaped central transitional justice norms and institutions, as this ground-breaking work demonstrates. Kovras combines a new global database with the systematic analysis of four challenging case studies - Lebanon, Cyprus, South Africa and Chile - each representative of a different approach to transitional justice. These studies reveal how variations in transitional justice policies addressing the disappeared occur: explaining why victims'' groups in some countries are caught in silence, while others bring perpetrators to account. Conceiving of transitional justice as a dynamic process, Kovras traces the different phases of truth recovery in post-transitional societies, giving substance not only to the ''why'' but also the ''when'' and ''how'' of this kind of campaign against impunity. This book is essential reading for all those interested in the dTable of Contents1. Introduction; Part I. Methods and Theory: 2. Methodological and theoretical innovations in the use of databases in transitional justice; Part II. Global and Historical Perspectives: 3. The daughters of Antigone in Latin America: Argentinian mothers; 4. 'Forensic cascade': the technologies and institutions of truth; 5. The 'missing' tale of human rights; Part III. National Perspectives: 6. Institutionalized silences for the missing in Lebanon; 7. Cyprus: the bright side of a frozen conflict; 8. Truth commissions and the missing: TRC's 'unfinished business'; 9. Poetic justice: the Chilean desaparecidos; 10. Conclusions: five lessons for transitional justice.
£36.09
Cambridge University Press A Critique of Proportionality and Balancing
Book SynopsisThe principle of proportionality has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide. This book provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing.Table of Contents1. Introduction; Part I: 2. The maximisation account of proportionality; 3. The incommensurability objection; 4. Why proportionality?; 5. Proportionality, rights, and legitimate interests; Part II: 6. Proportionality as unconstrained moral reasoning; 7. The need for legal direction in adjudication; 8. Proportionality and the problems of legally unaided adjudication; Part III: 9. Legal human rights.
£31.90
Paragon House Publishers The Philosophy of Human Rights: Readings in
Book Synopsis
£24.69
LEG Inc. (dba West Academic Publishing International Human Rights Nutshell 5e WACD
Book SynopsisAn updated and expanded edition of the widely used overview of international human rights law for students, practitioners, and professors. Provides a comprehensive overview of the international, regional and domestic human rights systems. Reviews recent developments in the field, including in the UN, European, OAS and African human rights systems and the adoption of new conventions such as those on forced disappearances and persons with disabilities. Includes chapters on the treatment of human rights treaties and norms within the U.S. legal system as well as on the role of non-governmental human rights organizations. Discover the history behind international human rights, including the institutional context from which they evolved. An unparalleled resource for beginning students as well as more experienced practitioners.
£52.70
Duncker & Humblot Imprisonment for International Crimes: An
Book Synopsis
£52.20
Nomos Verlagsgesellschaft Brexit - And What It Means
Book Synopsis
£27.75
Nomos Verlagsgesellschaft European Consensus Between Strategy and
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£104.25
Nomos Verlagsgesellschaft Human Rights of Irregular Migrants in the
Book Synopsis
£81.75
