Public international law: human rights Books
Taylor & Francis African Witchcraft and Global AsylumSeeking
Book SynopsisThis book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North â Canada, Australia, and the United Kingdom â have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent.The work intervenes at the nexus of anthropological, historical, legal, developmental, and human rights literatures to offer fresh insights into extrajudicial violence and global migration. Taking witchcraft-based asylum cases as its focal point, it argues that the recent dramatic expansion in claims to refugee protection under the âparticular social groupâ category of the 1951 UN Refugee Convention reflects immigration authoritiesâ increasing willingness to consider how legally recognizable persecution can derive from cultural practices and beliefs. Reflecting critically on such cases, it advances understandings of how witchcraft beliefs and practices have persisted as significant engines of violence in the contemporary world. It sheds light both on the limits of legal pluralism and cultural relativism in asylum adjudication and on how social scientific expertise contributes not simply to the flow of ideas, but also to the channelling of people across national, cultural, and epistemological boundaries.The book will be essential reading for students and researchers in legal anthropology, African studies, human rights, transnational history, migration and refugee law and policy, and the history and anthropology of witchcraft.
£46.80
Taylor & Francis Media Freedom and the Law
Book SynopsisThe main objectives of media regulation in Europe are to protect media freedom, to ensure the social responsibility of the media, and to prevent harm caused by speech published through the media. This book examines the way in which these are reflected in European legal regimes and jurisprudence at the supranational, regional, and national levels.It addresses the theoretical considerations behind the protection and restriction of media freedom. It starts from the assumption that there is a common European ideal of media freedom as a human right. Apart from EU law, and in many cases similar national regulations, many common points can be identified across Europe in the theoretical underpinnings of this right, and the history of struggles for this freedom in different European countries also shows common features.While the focus is on media freedom in Europe, the work also discusses the uniquely distinct concept of freedom of expression and of the media that is prevalent
£130.00
Taylor & Francis Constitutionality of Law without a Constitutional
Book SynopsisThis book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of illiberal constitutionalism. This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional revTable of Contents1. Turbulent times in the constitutionalism of Central and Eastern European countries; Part I. Basic Problems of Activity of Constitutional Courts in an Illiberal Constitutionalism; 2. Constitutional jurisdiction and primacy of the Constitution; 3. Constitutionality of law without a constitutional court in the Polish setting; 4. The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives; 5. Admissibility of judicial review in states with a centralised model of constitutional review – in search of effective means of constitutional protection; 6. Parliamentary constitutional review in times of the constitutional crisis in Poland; Part II. Problems of Activity of Constitutional Courts in Selected Countries; 7. From guarding the constitution to serving politics – the decline of the Hungarian Constitutional Court; 8. For now, we see in a mirror dimly – a current perception of Hungarian constitutional justice from an international and comparative national perspective; 9. A missed dialogue: the European Court of Justice and the Romanian Constitutional Court; 10. The Turkish Constitutional Court and emergency regimes in the age of democratic backsliding; 11. Constitutional review in the abusive constitutionalism (continuation, corruption, or disappearance?); Part III. The Variety of Forms of Guaranteeing Constitutionality of Law; 12. The curious case of the Netherlands – reflections on the question whether the dismantling of democracy and the rule of law can be stopped by courts of law; 13. The Finnish Constitutional Exceptionalism: the pluralist system of constitutional review combining ex ante and ex post functions of review; 14. Conclusion. What next?
£128.25
Taylor & Francis Ltd Persuasion and Legal Reasoning in the ECtHR
Book SynopsisThis book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience States, applicants and public opinion of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one's private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals.Table of ContentsIntroduction 1 Challenges of judicial reasoning in beginning and end-of-life cases 2 Ways of judicial reasoning – outline 3 Ways of reasoning in medically assisted procreation and surrogacy cases 4 Ways of reasoning in abortion cases 5 Ways of reasoning in end-of-life situations Conclusion Index
£126.00
Taylor & Francis Ltd Law and Justice in Small Island Developing States
£50.34
Cambridge University Press Weapons Under International Human Rights Law
a huge range and FREE tracked UK delivery on ALL orders.
£87.40
Cambridge University Press The War on Terror and the Framework of
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.
£60.79
Cambridge University Press Migration and Refugee Law
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.
£76.94
Cambridge University Press The Logics of Gender Justice
a huge range and FREE tracked UK delivery on ALL orders.
£80.75
Cambridge University Press Principles of International Environmental Law
a huge range and FREE tracked UK delivery on ALL orders.
£104.50
Cambridge University Press Prosecutorial Accountability and Victims Rights
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.
£80.09
Cambridge University Press Migration and Integration
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.
£71.99
Cambridge University Press Migration and Integration
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.
£22.49
Taylor & Francis Ltd Human Rights and Development
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
£29.99
Cambridge University Press Social Rights Judgments and the Politics of Compliance
a huge range and FREE tracked UK delivery on ALL orders.
£43.69
State University Press of New York (SUNY) Human Rights Standards Hegemony Law and Politics SUNY series James N Rosenau series in Global Politics
a huge range and FREE tracked UK delivery on ALL orders.
£65.04
Bloomsbury Publishing PLC Cybersecurity, Privacy and Data Protection in EU
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
£90.00
Bloomsbury Publishing PLC Citizenship and Human Rights: From Exclusive and Universal to Global Rights: A New Framework
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
£90.00
Manchester University Press Critical Theory and Human Rights: From Compassion
Book SynopsisThis book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. This gives rise to a form of managerialism, preoccupied with measuring and improving the ‘human rights performance’ of the state, businesses and so on. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn. This, unsurprisingly, does not appeal to rights-holders themselves.Trade Review'A formidable corpus of case law and other normative outputs have been developed in justification of positive human rights obligations and in favour of expansion of their scope and content. Critical theory and human rights: From compassion to coercion shows the inadequacy of an account of positive obligations that fails to seriously appreciate their intrusiveness and power of coercion. The book shows how human rights law interpreted as imposing ever more expanding positive obligations, runs the risk of undermining the very reason for which it was historically established - preserving individual freedoms.'Dr Vladislava Stoyanova, Associate Professor of Public International Law at Lund University in Sweden -- .Table of ContentsIntroduction1 Solipsism and imperialism2 Between nomos and telos3 Human rights’ directing idea4 The governmentalisation of global human rights governance5 Tactics rather than laws6 Nothing but rejoicingConclusionIndex
£63.75
Bristol University Press Capacity, Participation and Values in Comparative
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
£81.89
Bristol University Press Tackling Torture: Prevention in Practice
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
£18.99
Anthem Press When Business Harms Human Rights: Affected
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.
£76.00
Berghahn Books Defeating Impunity
£25.16
Springer International Publishing AG Philosophical Foundation of Human Rights
Book SynopsisThis textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.In the second edition, errors have been corrected in numerous places, the text has been made clearer and easier to understand. In addition, more recent human rights issues have been newly included, especially those related to the Corona epidemic and climate change. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book. Table of Contents
£89.99
United Nations Charter of the United Nations and statute of the
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.
£8.45
Quercus Publishing Navi Pillay: Realising Human Rights for All
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.
£8.50
Oxford University Press, USA The Constitutional Structure of Proportionality
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
£111.62
Edward Elgar Publishing Ltd Advanced Introduction to Human Dignity and Law
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
£21.00
Edward Elgar Publishing Ltd Teaching Business and Human Rights
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
£40.80
Taylor & Francis Ltd Restorative Justice
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
£35.99
New York University Press Habeas Corpus after 911
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
£21.24
Cambridge University Press International Law Reports Volume 206
a huge range and FREE tracked UK delivery on ALL orders.
£161.50
Cambridge University Press A Global Political Morality
Book SynopsisIn A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term ''human right'' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.Trade Review'… an extremely important and timely work, by one of the most prominent scholars of human rights, constitutional law and religious freedom in the United States. In it, Perry does nothing less than seek to reorient our understanding of human rights, by rooting them in the psychological phenomenon of agape – or love, as in brotherly love or the unconditional love of God, of the highest form. This foundation, which resonates better than liberal attitudes of respect with central tenets of the major world religions in both West and East, allows him to offer an account of human rights that should prove increasingly influential as globalization progresses. Perry's work presses us to think more deeply about how human rights might be perfected from a moral perspective, and not just better enforced. His views are especially laudable in that they draw on what is deep about religious experience without countenancing what is narrow.' Robin Bradley Kar, Walter V. Schaefer Visiting Professor of Law, University of Chicago Law School and University of Illinois'Michael J. Perry's A Global Political Morality: Human Rights, Democracy, and Constitutionalism is a tour de force. It is a cutting-edge book in political theory that is deeply informed by a number of disciplines, including modern global history, constitutional law, international law, and religious studies. It is written in a clear, engaging, and economical style. Perry incorporates the fruits of his previous scholarship in this work of fresh insight.' M. Cathleen Kaveny, Darald and Juliet Libby Professor of Law and Theology, Boston College, Massachusetts'I am enthusiastic about the contributions this book makes to the literature of human rights and constitutionalism. It presents an original thesis about human rights discourse and a novel argument about how that discourse ought to fit into our existing structure for constitutional law and adjudication. Perry's position is logically constructed and lucidly presented. In explicating it he offers one illuminating insight after another. I have read fairly widely in the human rights literature and I have not read any argument that makes more sense in explaining the force of the human rights idea.' Richard S. Kay, Wallace Stevens Professor of Law, University of Connecticut'With his usual precision, Michael Perry offers a powerful – and qualified – defense of a political morality of human rights that illuminates important issues of substance and institutional design. Perry's explanation of how courts can enforce substantive human rights without undermining the human right to democratic self-government by using a carefully defined concept of deference, is a significant contribution to his already distinguished body of work.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, Massachusetts'Long an accomplished and distinctive liberal-minded voice in both fields, Michael Perry returns here to the contentious question of whether and how an express regard for the international discourse of human rights can and should enter into constitutional adjudication in the US. The work brings together Perry's moderately combative account of a moral core in the human-rights discourse with a perspicuous probing of the grounds for a justiciable bill of rights in a liberal democracy, yielding much for both moralists and lawyers to chew on.' Frank I. Michelman, Robert Walmsley University Professor, Emeritus, Harvard Law School, MassachusettsTable of ContentsIntroduction; Part I. The Morality of Human Rights: 1. What are 'human rights'? Against the 'orthodox' view; 2. What reason(s) do we have, if any, to take human rights seriously? Beyond 'human dignity'; Part II. From the Morality of Human Rights to Democracy and to Certain Limitations on Democracy: 3. The three pillars of democracy: the human rights to democratic governance, intellectual freedom, and moral equality; 4. Democracy limited: the human right to religious and moral freedom; Part III. Human Rights, Democracy, and Constitutionalism: 5. A theory of judicial review; 6. The theory illustrated: five constitutional controversies, five judicial opinions; 7. Poverty as a human rights issue: constitutionalism-related reflections; Concluding note: human rights foundationalism.
£80.99
Cambridge University Press Community Paralegals and the Pursuit of Justice
Book SynopsisThe United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists. Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access.Trade Review'In the 2030 Sustainable Development Goals, world governments made a historic commitment to achieve 'access to justice for all'. This book is a must-read for anyone who, like me, believes in the urgency and vitality of that goal, and anyone who wants to understand how we go about achieving it. If 'access to justice' is an abstraction to you, it won't be once you read the stories in these pages of paralegals and clients seeking justice. Those stories are unforgettable. They hold lessons for all of us.' Mary Robinson, former President of Ireland and former High Commissioner for Human Rights'This book brings law to life in a thoroughly original way. It charts, with great empirical care, analytical acuity and historical sensitivity, the obstacles that lie in the path of making justice accessible to marginalized groups. It then addresses the question: to what extent can paralegals mitigate these obstacles? Through wonderful case studies of the incredibly innovative paralegal movement, it throws light on the toughest questions of our time: how can law become a site for an inclusionary imagination. Anyone interested in the future of law and justice will have to reckon with this book.' Pratap Bhanu Mehta, Vice-Chancellor, Ashoka University, India'This is a powerful guide to understanding one of the most promising emerging fields in the world today. Community paralegals are heroes on a daily basis. Each individual story is inspiring, and the global potential of this profession to change countless lives is thrilling.' Ricken Patel, Founder and CEO, Avaaz'Methodologically rigorous and deeply humane, this groundbreaking and hopeful book transports the reader to the frontlines of global community paralegal efforts to squeeze justice out of the most unlikely places. We bear witness to their successes as they champion the rights of individuals and communities against abuses of power by state actors, private corporations and dysfunctional justice systems. And through clear-eyed analysis of the challenges that community paralegals face, the book makes a convincing argument that only with sustainable financial resources, political will, and dedication to the cultivation of strong cadres of well-trained and supported grassroots advocates, can justice be a lived and long-lasting reality in the lives of the global masses.' Chi Adanna Mgbako, Director of the Leitner International Human Rights Clinic, Fordham University, New York'For many people in the United States and worldwide, the law is a ruse for oppression. Frontline legal advocates can help people turn law into the guarantor of equality it is supposed to be. This book shows us how.' Bryan Stevenson, Founder of Equal Justice Initiative and Macarthur Fellow'This book consists of detailed and impressive studies of a worldwide program that might well constitute a revolution in the making: relying on ordinary citizens to use the power and majesty of the law to protect their rights.' Owen Fiss, Sterling Professor, Yale University, Connecticut'This compelling volume not only demonstrates the significance of 'barefoot lawyering' in nations struggling for democracy. It contains important insights for the world wide effort to preserve and extend fundamental freedoms in the twenty- first century.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut'Community Paralegals and the Pursuit of Justice is a work of prodigious scholarship that represents a significant contribution to the development, human rights, and rule of law fields. Vivek Maru, Varun Gauri and contributing authors have evaluated paralegal organizations in six countries with scrupulous care and have drawn well-supported lessons for improving and expanding the model globally. Community Paralegals and the Pursuit of Justice provides welcome evidence that investment in paralegal organizations can not only pay significant dividends for the poor, but can improve the accessibility, capacity, and accountability of justice systems themselves.' Gary Haugen, Founder and CEO, International Justice Mission'… Community Paralegals and the Pursuit of Justice undoubtedly offers important insights into the dynamics influencing the work of paralegals; it is recommended for everyone concerned with the full realization of access to justice for all.' Erica Leni, Human Rights ReviewTable of Contents1. Paralegal in comparative perspective – what have we learned across these six countries? Vivek Maru and Varun Gauri; 2. 'To whom do the people take their issues?' The contribution of community-based paralegals to access to justice in South Africa Jackie Dugard and Katherine Drage; 3. Community-based paralegalism in the Philippines: from social movements to democratization Jennifer Franco, Hector Soliman and Maria Roda Cisnero; 4. Paralegalism in Indonesia: balancing relationships in the shadow of the law Ward Berenschot and Taufik Rinaldi; 5. Kenya's community-based paralegals: a tradition of grassroots legal activism Abigail Moy; 6. Squeezing justice out of a broken system: community paralegals in Sierra Leone Vivek Maru, Lyttelton Braima and Gibrill Jalloh; 7. The contributions of community-based paralegals in delivering access to justice in postwar Liberia Peter Chapman and Chelsea Payne.
£95.00
Cambridge University Press Grassroots Activism and the Evolution of Transitional Justice The Families of the Disappeared
Book SynopsisThe families of the disappeared have long struggled to uncover the truth about their missing relatives. In so doing, their mobilization has shaped central transitional justice norms and institutions, as this ground-breaking work demonstrates. Kovras combines a new global database with the systematic analysis of four challenging case studies - Lebanon, Cyprus, South Africa and Chile - each representative of a different approach to transitional justice. These studies reveal how variations in transitional justice policies addressing the disappeared occur: explaining why victims'' groups in some countries are caught in silence, while others bring perpetrators to account. Conceiving of transitional justice as a dynamic process, Kovras traces the different phases of truth recovery in post-transitional societies, giving substance not only to the ''why'' but also the ''when'' and ''how'' of this kind of campaign against impunity. This book is essential reading for all those interested in the dTable of Contents1. Introduction; Part I. Methods and Theory: 2. Methodological and theoretical innovations in the use of databases in transitional justice; Part II. Global and Historical Perspectives: 3. The daughters of Antigone in Latin America: Argentinian mothers; 4. 'Forensic cascade': the technologies and institutions of truth; 5. The 'missing' tale of human rights; Part III. National Perspectives: 6. Institutionalized silences for the missing in Lebanon; 7. Cyprus: the bright side of a frozen conflict; 8. Truth commissions and the missing: TRC's 'unfinished business'; 9. Poetic justice: the Chilean desaparecidos; 10. Conclusions: five lessons for transitional justice.
£100.70
Cambridge University Press Transitional Justice International Assistance and Civil Society
Book SynopsisTransitional Justice, International Assistance, and Civil Society is for scholars, and for civil society, and government officials working on justice for victims of massive human rights abuse. It addresses how justice initiatives are decided upon, created, and funded - and argues that civil society should play a central role in these processes.Table of ContentsIntroduction: changing contexts of international assistance to transitional justice Paige Arthur and Christalla Yakinthou; Part I. Understanding Cases: 1. From reconciliation to rule of law: the shifting landscape of international TJ assistance in Guatemala Anita Isaacs and Rachel Schwartz; 2. Fighting windmills, ignoring dragons: international assistance to civil society in post-conflict Bosnia and Herzegovina Christalla Yakinthou; 3. Sending the wrong signal: international assistance and the decline of civil society action on TJ in Morocco Paige Arthur; 4. Off the agenda as Uganda moves towards development: Uganda's transitional justice process Tania Bernath; 5. Hybrid court, hybrid peacebuilding in Cambodia Laura McGrew; Part II. Conceptualizing the Connections: 6. Reframing friction: a four-lens framework for explaining shifts, fractures, and gaps in transitional justice Christalla Yakinthou; Why do donors choose to fund transitional justice? Paige Arthur; Conclusion: refocusing on civil society: how to make – not miss – connections Paige Arthur and Christalla Yakinthou.
£95.00
Cambridge University Press Amnesty in the Age of Human Rights Accountability
Book SynopsisThis edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of ''truth versus justice'' or ''stability versus accountability'' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvementsTrade Review"[This] book is a welcome contribution to the rapidly expanding field of transnational justice and to the menu of policy choice after gross violations of human rights." -- D.P. Forsythe, emeritus, University of Nebraska, Reviewing for Choice MagazineTable of ContentsPart I. Theoretical Framework: 1. The age of accountability: the rise of individual criminal accountability Kathryn Sikkink; 2. The amnesty controversy in international law Mark Freeman and Max Pensky; Part II. Comparative Case Studies: 3. Amnesties' challenge to the global accountability norm? Interpreting regional and international trends in amnesty enactment Louise Mallinder; 4. From amnesty to accountability: the ebbs and flows in the search for justice in Argentina Gabriel Pereira and Par Engstrom; 5. Barriers to justice: the Lley de Caducidad and impunity in Uruguay Francesca Lessa; 6. Resistance to change: Brazil's persistent amnesty and its alternatives for truth and justice Marcelo Torelly and Paulo Abrão; 7. De facto and de jure amnesty laws: the Central American case Naomi Roht-Arriaza and Emily Braid; 8. Creeks of justice: debating post-atrocity accountability in Rwanda and Uganda Phil Clark; 9. Accountability through conditional amnesty: the case of South Africa Antje du Bois-Pedain; 10. De facto amnesty? The example of post-Soeharto Indonesia Patrick Burgess; 11. A limited amnesty? Insights from Cambodia Ronald Slye; 12. The Spanish amnesty law of 1977 in comparative perspective: from a law for democracy to a law for impunity Paloma Aguilar; 13. Amnesty in the age of accountability Tricia D. Olsen, Leigh A. Payne and Andrew G. Reiter.
£37.99
Cambridge University Press Civilizing Disability Society
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.
£95.00
Cambridge University Press The Prevention of Torture
Book SynopsisCritics have decried human rights approaches' a failure to attend to structural factors, but this book seeks to go beyond a 'stance of criticism'. It takes up the positive project of reimagining how human rights could attend to the worlds that produce systematic violations like torture so as to prevent it.Trade Review'Torture has been used in most countries, for the powerful to extract information from victims, and to punish dissidents for alleged wrong doings. To begin to understand this form of institutional violence we must realize it is less about aberrant individuals than it is about pathological social situations. In her powerful book, The Prevention of Torture: An Ecological Approach, author Professor Danielle Celermajer has taken this situational hypothesis, and combined it with rich empirical research on the actual situations where systematic torture occurs. Most uniquely, she has devised a new analysis that can form the foundation of effective prevention strategies. This book is theoretically sophisticated, practically oriented and ethically penetrating. It is must reading as a major step forward in how we think about torture globally, and then actually go about preventing torture.' Philip G. Zimbardo, Stanford University, California'Celermajer's book brings together deftly practical policy work and social theory. Institutions aren't cruel; people are. And we do not get any closer to adequate explanations, much less prevention, if we cannot link institutional outcomes to the ordinary motivations people have for doing what they do. Otherwise, we commit the scholastic fallacy, filling the minds of violators with thoughts they could not possibly have had but which seem plausible to a society of scholars. Celermajer's situationalist approach takes in painful fieldwork in South Asia, while illuminating the philosophical complexity of causation when people torture others.' Darius Rejali, Reed College, Oregon'Torture is one of the most brutal violations of human rights and a direct attack on the core of human dignity. In her fascinating book The Prevention of Torture, Danielle Celermajer studies the factors that condition and sustain torture, in order to propose how to bring about systemic institutional and cultural change. As the founder and first director of the Asia-Pacific Master in Human Rights and Democratisation, she is able to draw on rich empirical material from Sri Lanka and Nepal. Her systemic approach to human rights also offers a refreshing response to Samuel Moyn and similar theoretical voices criticizing the very concept of human rights as overly individualistic or as even being complicit with neo-liberal economic policies.' Manfred Nowak, Vienna University and Secretary General of the Global Campus of Human Rights in Venice, previously UN Special Rapporteur on Torture'Celermajer's examination of the complexity of causality is invaluable to the field. Her call to address the entire ecology of torture, while not discarding the individual culpability, is one that we should heed. A remarkable achievement, The Prevention of Torture, in its careful analysis of theory and praxis, will inform the work of those who seek to stop torture for many years to come.' Dinah Pokempner, General Counsel, Human Rights Watch'The Prevention of Torture: An Ecological Approach is a bold, original and powerful reflection on society's approaches to 'wicked problems', not just torture prevention. The author has demonstrated convincingly why doing more of the same (law reform, human rights training, punishment and deterrence) is not enough. She has the foresight and wisdom to design a rigorous research project, the tenacity and strength to endure the obstacles that were thrown her way, and the humility and generosity to create this important book that will change forever how we conceive of and tackle problems such as torture prevention.' Janet Chan, University of New South Wales'With this book, Danielle Celermajer has made both a significant contribution to the conceptualization and practice of human rights advocacy as well as to a public health approach to understanding and preventing traumatic violence and abuse in security settings. She brings an ecological or systems approach to understanding the multiple conditions that lead to the unlawful use of force, particularly torture. This important addition to the torture prevention toolkit brings a collaborative approach to complement the more adversarial legal and prosecutorial approaches that have dominated human rights practices. The lessons learned in this book can be applied not only to police and military settings worldwide, but to any setting where violence prevention is being addressed.' Jack Saul, Director of the International Trauma Studies Program'Torture prevention is especially difficult to study because torture almost always happens in the shadows … Danielle Celermajer, by contrast, is determined not only to build an academically rigorous theory of change about how to prevent torture … but also to test it in the field by taking a project team into the heart of torturing institutions in Nepal and Sri Lanka … an important contribution in and of itself …' Sonya Sceats, International Affairs'… Celermajer's work undoubtedly merits wide inclusion on the reading lists of postgraduate programmes in applied human rights. Celermajer ensures that the demands and difficulties of the world of human rights practice are always kept in view throughout the book.' Brian Phillips, Journal of Human Rights PracticeTable of ContentsIntroduction; 1. The principal approaches preventing torture; 2. How effective has torture prevention been? 3. The situational conditions of institutional violence; 4. The production of worlds of torture; 5. Agents, structures and the social imaginary of human rights; 6. Taking situational theory to the field; 7. The promises and hazards of practice; Conclusion.
£104.50
Cambridge University Press Genetic Resources Justice and Reconciliation
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.
£90.00
Cambridge University Press Chinese Refugee Law and Policy
Book SynopsisThis book is the first to systematically examine Chinese refugee law and policy. It provides in-depth legal and policy analysis and makes recommendations to relevant stakeholders, drawing upon not only existing legal and policy scholarships but also empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced population. It is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.Trade Review‘It can be very difficult, at the best of times, to penetrate the often intricate network of interacting policies, practices and laws which will determine who gets asylum protection in any one country and who does not. China's system is a particular case in point. Lili Song, through her assiduous research and clear understanding of what it can mean to go down the asylum road in China, has made a significant contribution to demystifying the decision-making processes, clarifying constraints and understanding how they play out in the broader international and regional contexts. An insightful and very worthwhile piece of scholarship.’ Erika Feller, University of Melbourne'China’s asylum policy is a conundrum. It is a long-time party to the Refugee Convention that received some 300,000 Vietnamese refugees during the 1970s and still tolerates a robust protection regime in Hong Kong. Yet China has no formal asylum procedure, receives only a trickle of protection requests, and stands accused of refoulement of North Korean and other refugees. Lili Song’s historical and policy analysis is a welcome first look at how this legal regime evolved, and where it is headed.’ James C. Hathaway, University of Michigan‘Despite China's mounting influence on the international stage and its growing engagement with international humanitarian and human rights issues, the country's refugee law and policy have never been the subject of a comprehensive and systematic analysis. This volume fills that major gap in an admirable manner, providing an incisive account of the Chinese perspective on refugee issues, both globally and in the Asian context.’ Jeff Crisp, University of Oxford and Chatham House'As Dr Song explains in this book, China has a long and varied experience with refugees, including the Indochinese crisis in the 1970s and 1980s, and more recently from North Korea and Myanmar. A little-known fact is that China has been a party to the Refugee Convention since 1982. This book provides unique and informed insights into China’s response to refugee issues nationally, and as a regional and global actor. It includes contemporary accounts of the responses of the two Special Administrative Regions of Hong Kong and Macau.’ Susan Kneebone, University of MelbourneTable of Contents1. Introduction; Part I. Mainland China: 2. Refugees and other displaced foreigners in China; 3. The framework: law, policy and institutions; 4. The reality: treatment of refugees in China; Part II. Hong Kong Special Administrative Region and Macau Special Administrative Region: 5. Refugee law and policy in Hong Kong; 6. Refugee law and policy in Macau; 7. Conclusion and recommendations; Select bibliography; Index.
£95.00
Cambridge University Press The Cambridge Handbook of New Human Rights
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?
£174.80
Cambridge University Press The Right to Life under International Law
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.
£199.50
Cambridge University Press The Global Governed
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.
£99.75
Cambridge University Press A Commentary on the International Covenant on Civil and Political Rights
Book SynopsisA new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee''s output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rigTrade Review'Paul Taylor's Commentary is a monumental achievement. It will take its place as an indispensable guide for human rights lawyers everywhere.' Ian Leigh, Professor of Law, Durham University'Commentaries on international treaties have become an indispensable tool for academics and practitioners alike. Paul Taylor's Commentary with its up to date analysis of the Human Rights Committee's interpretation of the International Covenant on Civil and Political is one of those. Based on an impressive wealth of documents this reference work will be an indispensable resource for all those seeking guidance for domestic implementation.' Anja Seibert-Fohr, former Vice Chair of the Human Rights Committee'When I have a tricky problem involving the ICCPR come across my desk, whether as an academic or a practising barrister, Paul Taylor's Commentary will be the first book I will turn to for guidance. It is fresh, exhaustive (in the best sense), and authoritative.' Conor Gearty, LSE and Matrix Chambers'Paul Taylor has composed an excellent commentary covering all the substantive articles of the ICCPR, including over 40 years of interpretive work by the UN Human Rights Committee. The author examines pertinent drafting history, the contours of various elements in each article, the interplay and interdependence of different rights, the Committee's jurisprudence, general comments and concluding observations and, where relevant, he situates his findings within the broader scheme of international human rights law, as well as academic commentary. The result is a comprehensive and compelling analysis of civil and political rights that will not only facilitate a deep and nuanced understanding of the range and scope of these rights and freedoms, but, crucially, will also make an outstanding contribution to advancing the implementation of human rights. Written in very accessible language, the book represents an essential and insightful guide for scholars, students, policymakers and practitioners.' Ahmed Shaheed, United Nations Special Rapporteur on Freedom of Religion or BeliefTable of Contents1. Self determination; 2. To 'respect and to ensure' covenant rights; 3. The equal right of men and women to the enjoyment of Covenant rights; 4. Derogation in times of officially proclaimed public emergency threatening the life of the nation; 5. Bar on interpreting the Covenant in abuse of rights; 6. The right to life; 7. Torture, cruel, inhuman or degrading treatment or punishment; 8. Slavery, servitude and forced or compulsory labour; 9. Liberty and security; 10. Treatment of those deprived of their liberty; 11. Imprisonment for inability to fulfil a contractual obligation; 12. Freedom of movement of the person; 13. Procedural safeguards in the expulsion of aliens; 14. Fair trial rights; 15. Retroactive criminal law; 16. Recognition as a person before the law; 17. Privacy, home, correspondence; 18. Honour and reputation; 19. Freedom of thought, conscience and religion; 20. Freedom of expression; 21. Propaganda for war and hate speech; 22. Freedom of assembly; 23. Freedom of association; 24. Protection for the family; 25. Protection required for children; 26. Right to participate in public affairs, electoral rights and access to public service; 27. Equality before the law, equal protection of the law; 28. Ethnic, religious and linguistic minorities.
£211.85
Cambridge University Press Jewish Internationalism and Human Rights after the Holocaust
Book SynopsisNathan A. Kurz charts the fraught relationship between Jewish internationalism and international rights protection in the second half of the twentieth century. For nearly a century, Jewish lawyers and advocacy groups in Western Europe and the United States had pioneered forms of international rights protection, tying the defense of Jews to norms and rules that aspired to curb the worst behavior of rapacious nation-states. In the wake of the Holocaust and the creation of the State of Israel, however, Jewish activists discovered they could no longer promote the same norms, laws and innovations without fear they could soon apply to the Jewish state. Using previously unexamined sources, Nathan Kurz examines the transformation of Jewish internationalism from an effort to constrain the power of nation-states to one focused on cementing Israel''s legitimacy and its status as a haven for refugees from across the Jewish diaspora.Trade Review'In a breathtaking historical passage through the moral and political dilemma evoked by applying universally valid Human Rights on Jewish national existence after the Holocaust in the form of the State of Israel, Nathan A. Kurz skillfully demonstrates an unresolved theoretical aporia: the dramatic conceptual relationship between individual and collective rights.' Dan Diner, author of Beyond the Conceivable: Studies on Germany, Nazism and the Holocaust'Unpicking complacent assumptions about the place of Jews and Jewish rights in the post-war world order, this terrific book helps us to understand how the ruptures between Jewish internationalism and human rights developed – and how the patterns of the post-war era relate to what came before.' Abigail Green, author of Moses Montefiore: Jewish Liberator, Imperial Hero'Casting an exceptionally wide net, Nathan Kurz offers a fresh and surprising account of the complicated relationship between Jewish internationalism and human rights. Like all great work, this brilliantly sparkling book, brimming with revelatory insights about concepts and methods, makes sense of a unique case—especially how Israel from its very founding threw up obstacles to a Jewish embrace of human rights—while also enriching our understanding of global processes.' Barbara Keys, author of Reclaiming American Virtue: The Human Rights Revolution of the 1970s'… Kurz's book is a useful contribution to the documentation and understanding of the process by which Jewish liberal internationalists, and particularly the Zionists among them, struggled with the post-Holocaust biases and realpolitik of the human rights establishment.' Gerald M. Steinberg, Israel Journal of Foreign Affairs'… meticulously researched and forcefully written … Jewish Internationalism expands our understanding of the key human rights protagonists, deliberations, and debates after World War II and of the evolution of human rights ideas and institutions over four tumultuous Cold War decades.' Carole Fink, H-Net Reviews'… anyone who wants to understand how Jewish human rights work has developed under the difficult conditions of the Cold War and decolonization will in future have to resort to this excellent book first.' Annette Weinke, H-Soz-KultTable of ContentsDramatis Personae; Introduction; 1. “Individual rights were not enough for true freedom”; 2. Who Will Tame the Will to Defy Humanity?; 3. The Consequences of 1948; 4. Exit from North Africa; 5. From Antisemitism to “Zionism is Racism”; 6. The Inadequacy of Madison Avenue Methods; 7.“Good words have become the servants of evil masters”; Conclusion; Bibliography.
£33.24
Nova Science Publishers Inc Free Speech & the Supreme Court: Select Decisions
Book Synopsis
£119.99
Oxford University Press, USA Sovereignty of Human Rights
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
£89.30
