Public international law: human rights Books

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Book SynopsisThis book considers the myriad of critics of international criminal law concerning normative concepts of legitimacy, sovereignty, responsibility, punishment, economics, politics, evidence, and fairness. This is the first book to provide a thorough defense of international criminal tribunals, especially the International Criminal Court, from critics of diverse perspectives and disciplines.Trade Review'Since the field's rebirth two decades ago in The Hague, the legal analysis of international criminal justice has exploded. But with this powerful and probing intervention, May and Fyfe demonstrate that it is philosophical concepts that best legitimate and critique the current practice of international tribunals. With this compelling and urgent book, a true philosophy of international criminal law has now arrived.' Jens David Ohlin, Associate Dean for Academic Affairs and Professor of Law, Cornell Law School'The authors' analysis of the various critiques yields both normative arguments about the value of international criminal tribunals and suggestions about how the institutions can be improved. In advancing their normative claims and supporting their prescriptive suggestions, the authors draw on a deep well of philosophical and theoretical concepts, including legitimacy, fairness, effectiveness, and efficiency. The result is a book that not only canvases and addresses the broad array of critiques leveled at international criminal tribunals but adds significantly to the rather scant literature on the philosophical justifications for international criminal justice.' Margaret M. deGuzman, Ethics & International AffairsTable of ContentsIntroduction; 1. Legitimacy; 2. Sovereignty; 3. Punishment; 4. Responsibility; 5. Economics; 6. Politics; 7. Evidence; 8. Fairness; 9. Concluding remarks.

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Book SynopsisMeasures taken by states in the name of countering terrorism constantly give rise to new international legal issues. Helen Duffy brings the law to life via detailed case studies which show what the war on terror means in practice for affected individuals and for the rule of law more broadly.Table of Contents1. Introduction; Part I. Terrorism and Responsibility: 2. 'Terrorism' in international law; Part II. Responding to Terrorism: 3. Legal framework and practice; 4. Criminal justice; 5. The use of force; 6. International humanitarian law; 7. International human rights law; Part III. Case Studies: 8. Case study 1: Guantanamo Bay detentions under international human rights and humanitarian law; 9. Case study 2: justice done? The killing of Osama bin Laden; 10. Case study 3: extraordinary rendition; 11. The role of the courts: human rights litigation in the war on terror; 12. Conclusion.

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Book SynopsisMigration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.Trade Review'Migration and Refugee Law is a thorough examination of immigration and refugee law in Australia, taking pains to articulate a dichotomy between the two that the authors admit is 'nonexistent at a formal level'. While refugee law is not extensive, it is complex and contentious, and it is treated accordingly in this text, of which roughly half is devoted to issues relating to claiming asylum.' Migration AustraliaTable of Contents1. Historical context to migration; 2. Immigration control: an overview; 3. Basic migration legislation and policy; 4. The visa system and application procedures; 5. Family and interdependency migration and other Australia-based visas; 6. Business and investment visas; 7. Skill-based visas; 8. Temporary visas; 9. Miscellaneous visas; 10. Common visa requirements; 11. Compliance: unlawful non-citizens, removal and deportation; 12. History of the refugees convention and definitional framework; 13. Refugee and humanitarian visas: the statutory structure; 14. Convention grounds; 15. Persecution; 16. Well-founded fear of persecution; 17. Limits on protection of refugees – cessation, exclusion exceptions and protection by another country; 18. Time for a fundamental re-think: need as the criterion for assistance; 19. The determination and review process for migration and refugee decisions.

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Book SynopsisThe responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims'' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.Table of ContentsIntroduction: private prosecution, access to justice, and rule of law; 1. Private prosecution as an accountability tool; 2. Private prosecution as a victim's right in Latin America; 3. David and Goliath: private prosecution in Guatemala; 4. Against oblivion: private prosecution in Chile; 5. Discovering the power of rights: private prosecution in Mexico; Conclusions: prosecutorial accountability and rule of law from below.

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Book SynopsisMigration and Integration clarifies and proposes answers for all of the politically toxic questions associated with large-scale migration from the Global South to the Western liberal democracies. Driven by the conviction that the Alt-Right is using the issues of migration and integration effectively to batter the defenses of liberal democracy, Professor Tom Farer argues that despite its strength, the moral case for open borders should be rejected and that while broadly tolerant of different life styles, the state should enforce core liberal values. Examining closely the policies and practices of various European states, Farer draws on their experience, contrasts it with that of the United States, and provides a detailed strategy for addressing the issues of who should be allowed to enter, how migrant families should be integrated and cultural conflicts resolved. This remarkable elaboration of a liberal position on migration and integration to which moderate conservatives could adhere cTrade Review'This short cri de coeur, by a brave liberal lion unafraid to tackle liberal pieties, casts a long shadow across the right/left spectrum. Farer argues that rich states have a legal and moral right to bar migrants from the Global South and that tolerant national communities are worth defending - even if it takes biometric identity cards, off-shore sites for asylum claims, and litmus tests for determining entry. Not everyone will embrace his prescriptions but all will benefit from his thoughtful defense of liberal nationalism. His book sets the standard for thoughtful and eloquent commentary on the age's most inflammatory subject.' José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University'Farer is one of the sharpest legal minds of our era, with an unsurpassed ability to combine fierce liberalism with the unique ability to bring imagination into fundamental issues of our time. He broadens and deepens our field of vision, challenging us constantly to think creatively. This book is an excellent example of his inquisitive mind.' Claudio Grossman, Member of the UN International Law Commission, Dean Emeritus at American University'An indispensable response to the migration challenge that is at once humane and intelligently sensitive to the delicate issues at stake. I consider Tom Farer's brilliantly reasoned and lucidly written argument for a liberal nationalist-solution-oriented approach to migration as required reading for anyone concerned with preserving robust democracies in Europe and North America.' Richard Falk, Princeton University, New Jersey and author of Power Shift: On the New Global Order'The moderate center in American and European politics is bleeding votes to the right and the left because it has failed to come up with realistic policies on migration. Tom Farer, a distinguished human rights defender and international lawyer, addresses this challenge head-on with a witty, erudite, and passionate defense of a 'liberalism with borders' – a migration policy that reconciles human rights and national sovereignty in a tough-minded yet compassionate synthesis which deserves to redefine the debate on this key issue in modern politics.' Michael Ignatieff, President and Rector, Central European University, Budapest'Tom Farer's deeply researched, elegantly written, and humane book Migration and Integration confronts the question of how well-to-do, well-functioning countries in the North, particularly in Europe, should cope with the migration crisis. What should they do about the large numbers of people of diverse ethnic and religious backgrounds who are leaving or fleeing turbulent, dangerous, and impoverished countries of the Global South to settle among them? Should the countries of the North accommodate the 'looming wave' of migrants? Can Europe's predominantly secular societies absorb and integrate millions of Muslim migrants while maintaining the best attributes of their own societies, including those that have become liberal cultural norms? Professor Farer is unblinking in describing the difficulties. He does not evade any hard questions. Asserting that 'My highest priority is the survival of liberal democracy, an outcome by no means assured', his thoughtful answers are based on that priority. Tom Farer's important book is essential reading for those who share that priority.' Aryeh Neier, Open Society Foundations and Founding Director of Human Rights Watch'Tom Farer has produced … the best possible statement of the liberal nationalist approach to migration and integration. It is, as it claims, 'liberalism without tears, conservatism without hate'. Farer argues that liberal democrats can meet the challenge of twenty-first-century mass migration, but only if they can rediscover the courage of their convictions while shedding policy dogmatism. The stakes could not be higher.' Tom Pegram, University College London'A timelier and better case for a liberal nationalism than Tom Farer's account cannot be imagined.' Monica Serrano, El Colegio de Mexico'Farer (Univ. of Denver) offers a conventional analysis of migration and integration through the lens of the liberal political tradition.' A. H. Fabos, Choice'… leaves readers with further knowledge on today's migration crisis, proposals for solutions, and the ambition to preserve liberal democracy for future generations.' Quinn Muscatel, AmeriQuestsTable of ContentsIntroduction, challenges to liberalism with borders; Part I. Entry and Integration: 1. The looming wave; 2. Sovereignty, nationalism, and human rights; 3. Integration and cultural difference: the liberal's dilemma; Part II. Exemplary National Experiences: 4. Nordic states: Sweden, Norway, and Denmark; 5. The United Kingdom; 6. France; Part III. Hard Choices: 7. Migration and integration: options for the liberal state; 8. A model: problematical means for liberal ends.

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Book SynopsisMigration and Integration clarifies and proposes answers for all of the politically toxic questions associated with large-scale migration from the Global South to the Western liberal democracies. Driven by the conviction that the Alt-Right is using the issues of migration and integration effectively to batter the defenses of liberal democracy, Professor Tom Farer argues that despite its strength, the moral case for open borders should be rejected and that while broadly tolerant of different life styles, the state should enforce core liberal values. Examining closely the policies and practices of various European states, Farer draws on their experience, contrasts it with that of the United States, and provides a detailed strategy for addressing the issues of who should be allowed to enter, how migrant families should be integrated and cultural conflicts resolved. This remarkable elaboration of a liberal position on migration and integration to which moderate conservatives could adhere cTrade Review'This short cri de coeur, by a brave liberal lion unafraid to tackle liberal pieties, casts a long shadow across the right/left spectrum. Farer argues that rich states have a legal and moral right to bar migrants from the Global South and that tolerant national communities are worth defending - even if it takes biometric identity cards, off-shore sites for asylum claims, and litmus tests for determining entry. Not everyone will embrace his prescriptions but all will benefit from his thoughtful defense of liberal nationalism. His book sets the standard for thoughtful and eloquent commentary on the age's most inflammatory subject.' José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University'Farer is one of the sharpest legal minds of our era, with an unsurpassed ability to combine fierce liberalism with the unique ability to bring imagination into fundamental issues of our time. He broadens and deepens our field of vision, challenging us constantly to think creatively. This book is an excellent example of his inquisitive mind.' Claudio Grossman, Member of the UN International Law Commission, Dean Emeritus at American University'An indispensable response to the migration challenge that is at once humane and intelligently sensitive to the delicate issues at stake. I consider Tom Farer's brilliantly reasoned and lucidly written argument for a liberal nationalist-solution-oriented approach to migration as required reading for anyone concerned with preserving robust democracies in Europe and North America.' Richard Falk, Princeton University, New Jersey and author of Power Shift: On the New Global Order'The moderate center in American and European politics is bleeding votes to the right and the left because it has failed to come up with realistic policies on migration. Tom Farer, a distinguished human rights defender and international lawyer, addresses this challenge head-on with a witty, erudite, and passionate defense of a 'liberalism with borders' – a migration policy that reconciles human rights and national sovereignty in a tough-minded yet compassionate synthesis which deserves to redefine the debate on this key issue in modern politics.' Michael Ignatieff, President and Rector, Central European University, Budapest'Tom Farer's deeply researched, elegantly written, and humane book Migration and Integration confronts the question of how well-to-do, well-functioning countries in the North, particularly in Europe, should cope with the migration crisis. What should they do about the large numbers of people of diverse ethnic and religious backgrounds who are leaving or fleeing turbulent, dangerous, and impoverished countries of the Global South to settle among them? Should the countries of the North accommodate the 'looming wave' of migrants? Can Europe's predominantly secular societies absorb and integrate millions of Muslim migrants while maintaining the best attributes of their own societies, including those that have become liberal cultural norms? Professor Farer is unblinking in describing the difficulties. He does not evade any hard questions. Asserting that 'My highest priority is the survival of liberal democracy, an outcome by no means assured', his thoughtful answers are based on that priority. Tom Farer's important book is essential reading for those who share that priority.' Aryeh Neier, Open Society Foundations and Founding Director of Human Rights Watch'Tom Farer has produced … the best possible statement of the liberal nationalist approach to migration and integration. It is, as it claims, 'liberalism without tears, conservatism without hate'. Farer argues that liberal democrats can meet the challenge of twenty-first-century mass migration, but only if they can rediscover the courage of their convictions while shedding policy dogmatism. The stakes could not be higher.' Tom Pegram, University College London'A timelier and better case for a liberal nationalism than Tom Farer's account cannot be imagined.' Monica Serrano, El Colegio de Mexico'Farer (Univ. of Denver) offers a conventional analysis of migration and integration through the lens of the liberal political tradition.' A. H. Fabos, Choice'… leaves readers with further knowledge on today's migration crisis, proposals for solutions, and the ambition to preserve liberal democracy for future generations.' Quinn Muscatel, AmeriQuestsTable of ContentsIntroduction, challenges to liberalism with borders; Part I. Entry and Integration: 1. The looming wave; 2. Sovereignty, nationalism, and human rights; 3. Integration and cultural difference: the liberal's dilemma; Part II. Exemplary National Experiences: 4. Nordic states: Sweden, Norway, and Denmark; 5. The United Kingdom; 6. France; Part III. Hard Choices: 7. Migration and integration: options for the liberal state; 8. A model: problematical means for liberal ends.

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Book SynopsisThe emergence of human rights within development and the evolving relationship was increasingly brought to bear upon key debates and policies over the last couple of decades. This book provides a critically informed, comprehensive and multi-disciplinary entry-level account of this engagement between human rights and development. It is theoretically and practically grounded and explores three over-arching questions and themes: First, why and how have human rights made this breakthrough? Second, is there agreement on human rights as a concept and how it is being used and understood within diverse development practices at global, national and local levels? Third, how can we gauge the impact of human rights based approaches upon development outcomes? The book concludes with what the future may hold for human rights and development. In-depth understanding of human rights as a development challenge and development as a human rights one, is presented and delineates the diversTable of Contents1. The Relevance of Human Rights and Development 2. Development in Theory and Practice 3. Globalisation and Shifting Worlds of Development 4. Human Rights Controversies and Convergences 5. Actors and Institutions in Human Rights and Development 6. Intersections – Rights-Based Approaches to Development 7. The Human Right to Health and Responses to the COVID-19 Pandemic 8. Impact in Rights-Based Approaches: Aligning Actors, Institutions and Interests 9. Shaping Human Rights and Development Futures

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Book SynopsisIs it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.Table of ContentsIntroduction Part One: Introducing Cybersecurity, Privacy and Data Protection Law and their Interplay 1. Cybersecurity, Privacy and Data Protection: An Analytical Framework 2. The EU Cybersecurity Policy 3. Privacy: The Right to Respect for Private and Family Life 4. The Right to the Protection of Personal Data Part Two: Technology and the Triad in the DSM, the AFSJ and the EA 5. Cybersecurity, Privacy and Data Protection as Techno-Legal Objects: Investigating the Role of Technology 6. The DSM: Network and Information Security (NIS), Privacy and Data Protection 7. The AFSJ: The Fight against Cybercrime, e-Evidence, Privacy and Data Protection 8. The EA: ‘Cyber’ External Action, Privacy and Data Protection Conclusion

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Book SynopsisCan universal human rights and different national citizenship regimes ever be compatible? This book argues that they can’t, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that a much needed transformation of human rights and citizenship can be undertaken in a meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers, as well as others involved in human rights law at NGOs, governments, international organisations – and indeed anyone with an interest in the subject of how human rights evolved and new concepts for the future.Table of ContentsTable of Legislation Introduction 1. Philosophical Roots of the Concept of Humanity I. Ancient Greek Ideas Regarding Humanity and Citizenship II. Stoic Ideas of Humanity III. The Christian Idea of Humanity IV. The Enlightenment, Abstract Humanity and Universalism V. Kant’s Conception of Humanity VI. Marx, Nietzsche and Freud: Towards a New Idea of Humanity and Political Subjectivity? 2. Foundations of Dignity and Human Rights I. Introduction II. The Human Soul in Greek Philosophy III. Dignity in the Christian Tradition IV. The Enlightenment, Kant and Human Dignity V. The Early French and US Declarations of Human Rights VI. Human Dignity in the Modern Human Rights Discourse 3. Ideas of Universal Human Rights versus Citizenship I. Introduction II. The Problem with Decoupling Human Rights and Citizenship III. Human Rights Dichotomies IV. Questioning the Universality of Human Rights 4. Ideas of World Citizenship: Attempting to Overcome the Conflict between the Exclusive and the Universal I. Introduction II. The Origins of Cosmopolitanism III. Global Citizenship and Human Rights 5. A New Framework of Global Human Rights I. Introduction II. A Postmodern Global Society without Borders? III. New Conceptions of Global Human Rights IV. A Theory of Global Human Rights Bibliography Index

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Book SynopsisWith contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.Table of Contents1. Introduction: Values, Participation, and Mental Capacity Laws in International Comparative Perspective – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene 2. Mental Capacity Law in England and Wales: A Value-Laden Jurisdiction – Rebecca Stickler 3. Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland – Jill Stavert 4. The Fusion Approach to Mental Capacity Law in Northern Ireland: Possibilities and Challenges – Gavin Davidson, Martin Daly, Moira Harper, Danielle McIlroy and Lorna Montgomery 5. Judging Values in a Time of Transition: An Irish Perspective – Mary Donnelly 6. US Laws Relating to Decision-Making on Behalf of P – Stephen Latham 7. Indigenous Peoples With Disabilities and Canadian Mental Capacity Law – Ruby Dhand 8. Capacity, Participation and Values in Australian Guardianship Laws – Cameron Stewart 9. Navigating Values in Aotearoa New Zealand – Kris Gledhill 10. Values and Participation of Individuals Without Mental Capacity in Hong Kong – Daisy Cheung 11. Asian Values and Confucianism: How P’s Ability To Participate in Court Proceedings in Singapore Is Influenced by P’s Cultural Milieu – Yue-En Chong 12. Respect for the Will and Preferences of People With Mental Disorders in German Law – Tanje Henking and Matthé Scholten 13. The Place of Values and P’s Participation in Mental Capacity Law: Themes, Synergies, and Tensions – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene

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Book SynopsisHow big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it? In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change. The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.Trade Review"Writing eloquently and accessibly, Evans dwells on the readily achievable. This is an essential text for those interested in questions of detention, monitoring and anti-torture." Human Rights Law ReviewTable of ContentsPart 1: The Solution 1. What Is Torture? 2. Why Prevention? 3. Establishing the Optional Protocol to the United Nations Convention against Torture 4. What the Optional Protocol to the United Nations Convention against Torture Requires 5. The Visiting Mandate of the UN Subcommittee on Prevention of Torture 6. The UN Subcommittee on Prevention of Torture and National Preventive Mechanisms Part 2: The Problem 7. Visits: An Insider’s Story 8. Accepting the Unacceptable 9. Excusing the Inexcusable 10. Prescribing the Inappropriate 11. Working with Fictions 12. Thinking Positively about Prevention

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Book SynopsisWhen Business Harms Human Rights uses reported narrations to discuss and analyze the experiences of individuals and communities from around the world, and examines the impact that business activities has had on their lives. The volume is situated within the broader subject area of business and human rights, and uses various methodologies to share the perspectives of affected individuals and communities. The narratives collected here follow rights holders in their attempts to secure remedies, and examine the impact of the emerging legal regime of business and human rights.Trade Review"This is an important book that provides an overview how communities are affected negatively by business activities and their struggles to access remedies. The editors recognise that these are not necessarily new stories considering their main themes, but they are particular stories, which remind us of our shared humanity. — Hannah Gracher, Nordic Journal of Human Rights "Table of ContentsPreface; Acknowledgements; Introduction; Chapter 1 Complicity in False Arrest, Imprisonment and Theft by a Fairtrade-Certifi ed Company, Madeline Hung; Chapter 2 Hindrances to Access to a Remedy in Business- Related Cases in Colombia: The Case of Gilberto Torres, Piergiuseppe Parisi and Gareth Sims; Chapter 3 The Global Pursuit for Justice for DBCP- Exposed Banana Farmers, Daysheelyn Anne P. Brillo; Chapter 4 The Rupturing of the Dam and the Community’s Social Fabric: A Testimony from an ‘Atingido’ from Bento Rodrigues, Brazil, Rajiv Maher and Adriana Bravin; Chapter 5 Taming the Dragon, Unpacking Options for Access to Remedy for Violations by Chinese Multinational Corporations Operating in Chiadzwa, Zimbabwe, Bellinda Chinowawa; Chapter 6 Máxima Acuña: The Story of How a Business Impacted Human Rights Defenders, Marianne Bertrand and Ariadna Tovar; Chapter 7 Community Interrupted, ‘Life Projects’ Disrupted: Cajamarca, Ibagué, and the La Colosa Mine in Colombia, Tara L. Van Ho with residents of Cajamarca Ibague and surrounding areas; Chapter 8 Occupational Health as a Human Right: A Case Study in a Turkish Free Trade Zone, Cigdem Cimrin and Yucel Demiral; Chapter 9 The Price of the ‘Black Dollar’: Veteran Coal Miners and the Right to Health, Jennifer D. Oliva with contributions from Jena Martin; Chapter 10 Abandoned: A Tale of Two Mine Closures in South Africa, Michael Clemens and Maria Isabel Cubides; Conclusion; Appendices; List of Contributors; Index.

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Book SynopsisThe Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

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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 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 legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a criTable of ContentsPart I: Restorative Justice: Origins, Nature and Promises: Conditions of successful reintegration ceremonies: dealing with juvenile offenders, John Braithwaite and Stephen Mugford; Conflicts as property, Nils Christie; Juvenile justice in New Zealand: a new paradigm, Allison Morris and Gabrielle M. Maxwell; Fundamental concepts of restorative justice, Howard Zehr and Harry Mika. Part II: Restorative Perspectives: Restorative justice - the real story, Kathleen Daly; Reconsidering restorative justice: the corruption of benevolence revisited?, Sharon Levrant, Francis T. Cullen, Betsy Fulton and John F. Wozniak; New wine and old wineskins: four challenges of restorative justice, Daniel W. Van Ness; Restorative police cautioning in Aylesbury � from degrading to reintegrative shaming ceremonies?, Richard Young and Benjamin Goold. Part III: Juridical Perspectives: Responsibilities, rights and restorative justice, Andrew Ashworth; The use of mediation to resolve criminal cases: a procedural critique, Jennifer Gerarda Brown; Prosecuting violence: a colloquy on race, community and justice. Goodbye to Hammurabi: analyzing the atavistic appeal of restorative justice, Richard Delgado; Reparation and retribution: are they reconcilable?, Lucia Zedner. Part IV: Race and Gender Perspectives: A just measure of shame? Aboriginal youth and conferencing in Australia, Harry Blagg; Community conferencing and the fiction of indigenous control, Chris Cunneen; Domestic violence and the restorative justice initiatives: the risks of a New Panacea, Stephen Hooper and Ruth Busch; Restorative justice: the challenge of sexual and racial violence, Barbara Hudson. Part V: Social Justice Perspectives: Conservative conflict and the reproduction of capitalism: the role of informal justice, Richard L. Abel; Truth, reconciliation and justice: the South African experience in perspective, Kader Asmal; Youth development circles, John Braithwaite; Punishment and the changing face of the governance, Clifford Shearing; Name index

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Book SynopsisThe US detention center at Guantanamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. This book provides an insider's view of the detention of enemy combatants and an accessible explanation of the complex forces that keep these systems running.Trade ReviewDeftly connecting Guantánamo to other secret prisons, law to politics, secrecy to terror, and the efforts of the courts to frame and reframe the ancient writ of habeas corpus for a modern era, Hafetz explores what was lost when habeas became a legal question as opposed to an answer. Anyone seeking a way forward on the issues of detention, incarceration, and the rule of law that continue to plague us would be well advised to start looking here for the answers. -- Dahlia Lithwick * Slate *Hafetzs incisive and insightful volume is more than just a summary of where we have been; it is an impassioned case for the proper way forward with regard both to the substance of national security detention policy and the role courts should play in reviewing and constraining it. Certain to become one of the indispensable accounts of the role that the & Great Writ has played both historically and after September 11, this book provides a powerful and timely testament to the foresight of the Founding Fathers in expressly enshrining the & privilege of the writ of habeas corpus in our Constitution. -- Stephen Vladeck,Professor of Law, American UniversityThe right to habeas corpus is the linchpin of a free nation, and the post-9/11 attack on this safeguard is thus one of the most significant erosions of freedom in many decades. Jonathan Hafetz provides the most thorough account yet of why this right matters so much and what should be done to preserve it. -- Glenn Greenwald * Salon *We all have snatches of the conversation in our heads: Guantánamo, habeas corpus, enemy combatant, military commissions, Bagram, rendition and torture. This book by one of the key lawyers on the front lines in the post-9/11 legal battles puts these pieces together; what emerges is not pretty. If you want to understand how a country that claimed it was the paradigm of fair treatment in its criminal justice system has tailored its laws to expediency, read this disturbing book. -- Michael Ratner,President, Center for Constitutional RightsHafetz's book is an excellent account of the five major Supreme Court cases addressing habeas corpus and constitutional rights to a fair trial after 9/11. * Choice *Habeas Corpus after 9/11 is an impassioned and exhaustive examination of the lack of legal safeguards afforded to detainees at such places as Guantánamo, Bagram, Abu Ghraib, and to those who were the subjects of extraordinary rendition. . . .Thoughtful and well-researched responses to the conditions of the time . . . provide[s] political scientists and historians with perspectives on habeas corpus that they need to consider. * Law and Politics Book Review *Table of ContentsAcknowledgments Introduction Part 1 1 Laying the Foundation for the "War on Terror" 2 Guantanamo: Microcosm of a Prison beyond the Law 3 Guantanamo beyond Guantanamo: Toward a Global Detention System 4 Crossing a Constitutional Rubicon: The Domestic "Enemy Combatant" CasesPart 2 5 Habeas Corpus and the Right to Challenge Unlawful Imprisonment 6 The Seeds of a Global Constitution Part 3 7 A Modest Judicial Intervention: The First Supreme Court "Enemy Combatant" Decisions 8 The Battle for Habeas Corpus Continues 9 Tackling Prisons beyond the Law: Guantanamo Revisited ContentsPart 4 10 Toward a Better Understanding of Habeas Corpus: Individual Rights and the Role of the Judiciary during Wartime 11 The Elusive Custodian: Some Potential Limits of Habeas Corpus 12 Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy 13 Continuity and Change: The Detention Policy of a New Administration Notes Index About the Author

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Book SynopsisThe Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) articulates what has now become a global norm. CEDAW establishes the moral, civic, and political equality of women; women''s right to be free from discrimination and violence; and the responsibility of governments to take positive action to achieve these goals. The United States is not among the 187 countries that have ratified the treaty. To explain why the United States has not ratified CEDAW, this book highlights the emergence of the treaty in the context of the Cold War, the deeply partisan nature of women''s rights issues in the United States, and basic disagreements about how human rights treaties work.Trade Review'Breaking with the conventions in political science that create stark distinctions between the study of domestic politics within nation-states and the study of international relations, Lisa Baldez takes a novel approach to the Convention to Eliminate All Forms of Discrimination against Women (CEDAW). Steeped in the literatures on international organizations, international law, US politics, and women and politics, Baldez demonstrates how the use of gender as an analytical category complicates what is thought to be known about the creation and ratification of international conventions, the status of women in the world over the past half century, and the central cleavages in national politics in both the United States and Chile. This book is thoroughly researched and clearly written, and it covers ground that has not been addressed previously. Baldez's approach is both thought-provoking and provocative.' Mary Hawkesworth, Rutgers, The State University of New Jersey'This is a lively and important book on an understudied topic, which makes valuable theoretical insights in international relations while providing rich data on CEDAW as a case study of a human rights treaty. Using the puzzling case of US non-ratification of CEDAW, Lisa Baldez convincingly argues that by all rights, the United States should have ratified CEDAW, given that the costs of doing so would be low and the norms embodied in the treaty are rhetorically consistent with US political values. Using fascinating primary sources, Baldez's analysis of the domestic and international obstacles to ratification brings the insights of comparative politics and international relations together in an original way.' Valerie Sperling, Clark University'… Baldez offers a detailed historical account of the multi-faceted arguments regarding CEDAW's ratification, and sheds much needed light on the extent to which women's rights engage competing interests and conflicting agendas domestically and internationally. Finally, by tracing the sources of deep-seated opposition to CEDAW, and illustrating that the United States' failure to ratify results in compromised human rights protections for American women, Baldez illustrates just how necessary CEDAW is as a convention to enshrine women's rights as global norms.' Wendy O'Brien, Academic Council on the United Nations System (www.acuns.org)Table of Contents1. Introduction; 2. A scaffolding for women's rights, 1945–70; 3. Geopolitics and the drafting of CEDAW; 4. An evolving global norm of women's rights; 5. CEDAW impact: process, not policy; 6. Why the United States has not ratified CEDAW; 7. CEDAW and domestic violence law in the United States?; 8. Conclusions.

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Book SynopsisHuman Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Comprising essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may brinTable 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.

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Book SynopsisThis book investigates the ways in which the civil society provisions in the UN Convention on the Rights of Persons with Disabilities is used to civilize grassroots disability associations in Nicaragua by changing them from local mutual support and service providers into rights advocates organizations that fit a global model.Trade Review'Through an in-depth exploration of the context and narratives of the Nicaraguan disability community, the author provides a unique, interesting and heads on reality check for CRPD implementation and disability rights advocacy in the Global South.' Maya Sabatello, Columbia University, New York'This fascinating study shines a spotlight on the realities and experiences of Nicaraguan disabled people's organisations, which are shaped by both the rights-based perspective embedded in the UNCRPD and Nicaragua's civic participation model of solidaridad. Meyers' insightful analysis brings to the surface uncomfortable tensions that often exist between Western understandings of human rights and local interpretations, particularly in Southern contexts. This excellent book is highly engaging and surprisingly revealing - a wake-up call for the international disability rights movement and an essential read for anyone who is interested in how best to meet the challenge of implementing disability rights around the globe without alienating disabled people themselves.' David Cobley, University of BirminghamTable of Contents1. Spending down a grant; 2. Inhabiting Nicaraguan civil society at the intersection; 3. The problem with pretty little programs; 4. Grassroots members walking and rolling away; 5. Identity politics as the continuation of war by other means; 6. Innovation at the crossroads; 7. The CRPD's civilizing mission.

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Book SynopsisThis collection focuses on Indigenous perspectives on the sharing of traditional knowledge and the exploitation of genetic resources in Canada. This book is for public policy makers, Indigenous communities, environmental policymakers, lawyers, and researchers with a biodiversity, biotechnology, traditional knowledge, or climate change focus. This book is also available as Open Access.Table of ContentsPart I. The Evolution of the ABS Policy Landscape in Canada: 1. The ABS Canada initiative: scoping and gauging Indigenous responses to ABS Chidi Oguamanam; 2. Canada and the Nagoya Protocol: towards implementation, in support of reconciliation Timothy J. Hodges and Jock Langford; 3. Aboriginal partnership, capacity building, and capacity development on ABS: the Maritime Aboriginal Peoples Council (MAPC) and ABS Canada experience Chidi Oguamanam and Roger Hunka; Part II. Hurdles to ABS: Conceptual Questions, Practical Responses and Paths Forward: 4. Unsettling Canada's colonial constitution: a response to the question of domestic law and the creation of an access and benefit sharing regime Joshua Nichols; 5. Making room for the Nagoya Protocol in Nunavut Daniel W. Dylan; 6. Implications of the evolution of Canada's three orders of government for ABS implementation Fred Perron-Welch and Chidi Oguamanam; 7. Biopiracy flashpoints and increasing tensions over ABS in Canada Chidi Oguamanam and Christopher Koziol; 8. Applying Dene Law to genetic resources access and knowledge issues Larry Chartrand; 9. Access and benefit sharing in Canada: glimpses from the national experiences of Brazil, Namibia and Australia to inform indigenous-sensitive policy Freedom-Kai Phillips; Part III. New Technological Dynamics and Research Ethics: Implications for ABS Governance: 10. Access and benefit sharing in the age of digital biology Peter W. B. Phillips, Stuart J. Smyth and Jeremy de Beer; 11. ABS: big data, data sovereignty, and digitization – a new indigenous research landscape Chidi Oguamanam; 12. Ethical guidance for access and benefit sharing: implications for reconciliation Kelly Bannister; 13. Mapping the patterns of underestimated researcher-indigenous peoples collaborations – toward independent implementation of ABS principles Thomas Burelli; 14. ABS, reconciliation, and opportunity Chidi Oguamanam.

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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.

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Book SynopsisThe book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of ''new'' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on ''new'' rights often deal with structural matters only in passing and the issue of ''new'' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of ''new'' human rights, thus speaking to human rights proTable of ContentsIntroduction; Part I. Cross-Cutting Observations: 1. Recognition of new human rights: phases, techniques and the approach of 'differentiated traditionalism'; 2. Novelty in new human rights: the decrease in universality and abstractness thesis; 3. Rhetoric of rights: a topical perspective on the functions of claiming a 'human right to …'; Part II. Public Good Rights: 4. Access to water as a new right in international, regional and comparative constitutional law; 5. Comment: something old, something new, something borrowed and something blue: lessons to be learned from the oldest of the 'new' rights – the human right to water; 6. The human right to adequate housing and the new human right to land: congruent entitlements; 7. Comment: the human right to land: 'new right' or 'old wine in a new bottle'?; 8. The right to health under the ICESCR – existing scope, new challenges, and how to deal with it; 9. Comment: strong new branches to the trunk – realizing the right to health decentrally; 10. The human right to a clean environment and rights of nature: between advocacy and reality; 11. Comment: the right to environment: a new, internationally recognized, human right; Part III. Status Rights: 12. The Inter-American Convention on Protecting the Human Rights of Older Persons; 13. Comment: the status of the human rights of older persons; 14. Gender recognition as a human right; 15. Comment: pre-existing rights and future articulations: temporal rhetoric in the struggle for trans rights; 16. The rights of indigenous people – everything old is new again; 17. Comment: the evolution and revolution of indigenous rights; 18. Animal rights; 19. Comment: sentience, form and breath: law's life with animals; Part IV. New Technology Rights: 20. Right to internet access: Quid Iuris?; 21. Comment: the case for the right to meaningful access to internet as a human right in international law; 22. The right to be forgotten; 23. Comment: the RTBF 2.0; 24. The fruits of someone else's labor: gestational surrogacy and rights in the twenty-first century; 25. Comment: birthing new human rights – reflections around a hypothetical human right of access to gestational surrogacy; 26. The relevance of human rights for dealing with the challenges posed by genetics; 27. Comment: the challenge of genetics: human rights on the molecular level?; Part V. Autonomy and Integrity Rights: 28. The right to bodily integrity; 29. Comment: from bodily rights to personal rights; 30. The nascent right to psychological integrity and mental self-determination; 31. Comment: critical reflections on the need for a right to mental self-determination; 32. Rights related to enforced disappearance: new rights in the International Convention for the Protection of All Persons from Enforced Disappearance; 33. Comment: the emergence of the right not to be forcibly disappeared: some comments; 34. The emergent human right to consular notification, access and assistance; 35. Comment from a human right to invoke consular assistance in the host state to a human right to claim diplomatic protection from one's state of nationality?; Part VI. Governance Rights: 36. Remnants of a constitutional moment: the right to democracy in international law; 37. Comment: the human right to democracy in international law: coming to moral terms with an equivocal legal practice; 38. A right to administrative justice – 'new' or just repackaging the old?; 39. Comment: the African right to administrative justice versus the European Union's right to good administration: new human rights?; 40. Anti-corruption: recaptured and reframed; 41. Comment: towards a human rights approach to corruption; 42. Bentham Redux: examining a right of access to law; 43. Comment: a right of access to law – or rather a right of legality and legal aid?

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Book SynopsisThe Right to Life under International Law offers the first-ever comprehensive treatment under international law of the foundational human right to life. It describes the history, content, and status of the right, considers jurisdictional issues, and discusses the application of the right to a wide range of groups, such as women, children, persons with disabilities, members of minorities, LGBTI persons, refugees, and journalists. It defines the responsibility of not only governments but also the private sector, armed groups, and non-governmental organisations to respect the prohibition on arbitrary deprivation of life. It also explains the nature and substance of the duty to investigate potentially unlawful death as well as the mechanisms at global and regional level to promote respect for the right to life.Table of ContentsAn historical introduction to the right to life; Part I. Overview of the Right to Life under International Law: 1. The status of the right; 2. The content of the right; 3. Jurisdiction and the right to life; 4. The relationship between the right to life and other human rights; Part II. Major Themes: 5. Deaths as a result of armed conflict; 6. Jus ad bellum, aggression, and the right to life; 7. Use of force in law enforcement; 8. Counterterrorism; 9. The death penalty; 10. Deaths in custody; 11. Abortion; 12. Euthanasia and suicide; 13. Poverty and starvation; 14. Assemblies, demonstrations, and protests; 15. Arms control and disarmament; 16. Enforced disappearance; 17. Accidents, disease, and natural disasters; 18. Pollution and climate change; 19. Autonomous use of force; 20. Slavery; Part III. The Protection of At-Risk Groups and Individuals: 21. The right to life of women; 22. The right to life of children; 23. Racially motivated killings; 24. LGBTI persons; 25. Persons with disabilities; 26. Older persons; 27. Journalists; 28. Human rights defenders; 29. International migrants; 30. Internally displaced persons; 31. Refugees; Part IV. Accountability: 32. The right to life and state responsibility; 33. The right to life and responsibility of international organisations; 34. Corporate responsibility and the right to life; 35. The right to life and the responsibility of non-state armed groups; 36. the right to life and non-governmental organisations; 37. The right to life and the responsibility of individuals; Part V. Human rights machinery protecting the right to life; 38. The UN human rights machinery and the right to life; 39. Regional human rights machinery and the right to life; Part VI. Outlook: 40. customary rules pertaining to the right to life; 41. The future of the right to life.

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

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Book 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 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 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 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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