Public international law: human rights Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisThere is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this narrative, the nineteenth century''s absence is conspicuous--few have considered that era seriously, much less written books on it. But as Jenny Martinez shows in this novel interpretation of the roots of human rights law, the foundation of the movement that we know today was a product of one of the nineteenth century''s central moral causes: the movement to ban the international slave trade. Originating in England in the late eighteenth century, abolitionism achieved remarkable success over the course of the nineteenth century. Martinez focuses in particular on the international admiralty courts, which tried the crews of captured slave ships. The courts, which were based in the Caribbean, West Africa, Cape Town, and Brazil, helped free at least 80,00Table of ContentsIntroduction ; 1. International Law, Slavery and the Idea of International Human Rights ; 2. British Abolitionism and Diplomacy, 1807-1817 ; 3. The United States and the Slave Trade: 1776-1824 ; 4. The Courts of Mixed Commission for the Abolition of the Slave Trade ; 5. Am I Not a Man and a Brother? ; 6. Hostis Humanis Generis: Enemies of Mankind ; 7. The Final Abolition of the Slave Trade ; 8. A Bridge to the Future: Links Between the Abolition of the Slave Trade and the Modern International Human Rights Movement ; 9. International Human Rights Law and International Courts: Rethinking their Origins and Future

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Book SynopsisHow can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured by the law? For many leading legal philosophers the legal order is constructed on the foundations of factual sources and with materials provided by technical argument. For this ''legal positivist'' school of jurisprudence, the law endorses rights by some official act suitably communicated. But how can any such legal enactment recreate the proper force of rights? Rights take their meaning and importance from moral reflection, which only expresses itself in practical reasoning. This puzzle about rights invites a reconsideration of the nature and methods of legal doctrine and of jurisprudence itself. Legal Rights argues that the theory of law and legal concepts is a project of moral and political philosophy, the best account of which is to be found in the social contract tradition. It outlineTrade ReviewLegal Rights contains a valuable survey of, and makes a distinct contribution to ongoing debates on the nature of law and legal rights and the role of legal theory. The author regards law as an interpretative system of practical reasoning. He explains legal rights primarily in terms of their social role as public reasons that justify complex legal relations including "clusters" of claims, liberties, powers and immunities. Property rights then are explained as fundamentally social...complex normative relations...among persons in their possession and use of things. Finally the author argues for a Kantian "will theory" of rights, moral and legal, that regards rights as conditions for individuals' freedom and responsible agency. Legal Rights makes important contributions to both legal and political philosophy.In Legal Rights, Pavlos Eleftheriadis provides a novel and powerful argument for the relevance of normative political philosophy to the understanding of legal concepts. Eleftheriadis develops an account of the way rights figure as premises in legal argument, which both accounts for the priority attached to them and the ways in which they are subject to mutual adjustment in light of other rights. In so doing he overcomes the standard division between "interest" and "will" theories, and shows that conceptual debates about the concept of a right presuppose normative arguments about each citizen's most basic entitlement to freedom. * Arthur Ripstein, Prof of Law and Philosophy, University of Toronto *...an exciting, erudite and original book with a grand, sweeping argument...It is exhilarating to read a sharp, synthesising author at work on such a broad, sustained argument * Rowan Cruft, Law and Philosophy Journal *Table of ContentsPreface ; 1. History and Theory ; 2. Descriptions and Constructions ; 3. The Practical Argument ; 4. Rights in law ; 5. Obligation and Permission ; 6. Legal Relations ; 7. The Right to Property ; 8. Freedom through Law ; 9. Rights in Deliberation ; Index

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisThe first inside account of America's continuing legal experiment at Guantanamo Bay-a permanent, offshore justice system designed to assure convictions by denying constitutional rightsTrade Review"'We owe a debt of gratitude to Bravin, first for breaking many of these stories as a legal correspondent for the Wall Street Journal, and now for assembling them into a gripping narrative told with superb journalistic thoroughness, great legal sensitivity, and impressive moral clarity.' (Lawrence R. Douglas, TLS) 'A welcome addition to the history of national security legal policy dilemmas in the Bush era' (Charlie Savage, New York Times) 'A book that pulls no punches. It names names. And in so doing, it is a gutsy, finely wrought narrative that explains how a small group of Bush-era political appointees managed to develop a parallel justice system designed to ensure a specific outcome.' (Dina Temple-Rastin, The Washington Post) 'Jess Bravin's book... tells the story of the evolution of Guantanamo's legal universe in captivating detail, and provides the reader with a clear picture of just how we arrived at this bizarre moment in our history.' (John Knefel, Rolling Stone) 'This is the genius of Bravin's book - and what sets it apart from what has come before. He doesn't just give us context and perspective about the ideological battles waged among Bush Administration officials over torture. He doesn't just explain why the Obama Administration still has failed to recover from the early errors of judgment that marked the first tribunal processes. He also highlights the utterly self-defeating role played by the military-political complex.' (Andrew Cohen, The Atlantic)"

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Book SynopsisThe author of the best-selling Terror and Liberalism on the rise to power of the generation of 1968.Trade Review"Remarkable." -- Johann Hari - New York Times Book Review"Illuminating." -- Derek Chollet - Washington Post"The best extended political essay I have ever read…More than a contribution to the modern history of ideas, it is a work of art." -- Mark Bowden, author of Black Hawk Down and Huê 1968

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Book SynopsisA comprehensive guide to religious discrimination and hatred legislation, this book, by a practising barrister, offers an accessible examination of this controversial area, using a variety of practical examples covering all forms of religious belief.Table of Contents1. What is a Religion? 2. Religion and Human Rights 3. Religious Discrimination 4. Religious Discrimination in Employment 5. Religious Discrimination in Education 6. Religious Harassment 7. Religious Crimes 8. Religious Hatred

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Book SynopsisThe important and groundbreaking volume, The Professional Identity of the Human Rights Field Officer, completes the study of human rights field work begun in the earlier The Human Rights Field Operation: Law Theory and Practice (2007: Ashgate). Building on the critique of the fieldâs historical development and current situation featured in the earlier volume, OâFlaherty, Ulrich and their fellow contributors focus on the specific responsibilities of the individual human rights officer, and concentrate on vital issues of professionalism beyond the confines of any specific organization. Their expansion of the analysis in the case studies section of the first volume has resulted in an up to date global edition of significant academic interest to anyone within the field of human rights law.Trade Review'This is a pathbreaking book that covers new ground and makes an insightful contribution to international human rights law...[it] should be read by everyone going into the field as a human rights officer.' Bertrand Ramcharan, former United Nations Acting High Commissioner for Human Rights/Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Sweden 'O'Flaherty has made another valuable contribution to our understanding of human rights work and the standards applicable to those who do it. This book is an insightful and thought-provoking work that is relevant to all those involved in protecting human rights as a cause or vocation. By looking at the many dimensions of human rights field work, O'Flaherty and Ulrich raise important questions and give much-needed guidance for this new profession.' Peggy Hicks, Global Advocacy Director, Human Rights Watch 'During the last two decades, a fascinating new profession has emerged: the multi-talented human rights field worker ... In their new book, Michael O'Flaherty and George Ulrich describe the development and professional identity of human rights field workers and provide them with a first set of Guiding Principles and Statement of Ethical Commitments.' Manfred Nowak, UN Special Rapporteur on TortureTable of ContentsContents: Introduction, Michael O'Flaherty and George Ulrich; The professional identity and development of human rights field workers, Michael O' Flaherty and George Ulrich; The guiding principles for human rights field officers working in conflict and post-conflict environments; a commentary, William G. O'Neill; The statement of ethical commitments of human rights professionals: a commentary, George Ulrich; A fresh view on protection: the human rights field officer's perspective, Diane Paul; New models for human rights capacity building in the field: human rights field officers and relief and development professionals, Daniel Seymour; Human rights field officers working for the most vulnerable: internally displaced persons, Maria Stavropoulou; Human rights field officers working for the most vulnerable: children, Nazia Hussain; Human rights field officers working for the most vulnerable: women, Annette Lyth; Emerging issues for human rights field officers: monitoring economic, social and cultural rights, Gregory Fabian with contributions from Juana Sotomayor; Emerging issues for human rights field officers: responses to terrorism, Annemarie Devereux; Emerging issues for human rights field officers: support for criminal justice, Shamim Razavi; Emerging issues for human rights field officers: freedom of expression, opportunities and Challenges, Daria Davitti; Annex: the proceedings of the project, 'Consolidating the Profession: the Human Rights Field Officer'; Bibliography; Index

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Book SynopsisGenocide Never Sleeps provides an ethnographic account of the messy, human process of international criminal justice at the International Criminal Tribunal for Rwanda. It is for readers interested in international criminal justice, human rights, the anthropology of law and contemporary African politics.Trade Review'Overall, in full reverence to the old anthropological adage of making the familiar strange, Eltringham does a superb job of turning the site of international tribunals into an unfamiliar new terrain with fascinating insights to debate for anthropologists and legal scholars alike.' Senem Kaptan, Allegra LaboratoryTable of ContentsIntroduction: judging the crime of crimes; 1. 'When we walk out; what was it all about?'; 2. 'Watching the fish in the goldfish bowl'; 3. 'Who the hell cares how things are done in the old country'; 4. 'They don't say what they mean or mean what they say'; 5. 'We are not a truth commission'; Conclusion.

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Book SynopsisHuman Rights is an introductory text that is both innovative and challenging. Its unique interdisciplinary approach invites students to think imaginatively and rigorously about one of the most important and influential political concepts of our time. Tracing the history of the concept, the book shows that there are fundamental tensions between legal, philosophical and social-scientific approaches to human rights. This analysis throws light on some of the most controversial issues in the field: Is the idea of the universality of human rights consistent with respect for cultural difference? Are there collective human rights? What are the underlying causes of human-rights violations? And why do some countries have much worse human-rights records than others? The third edition has been substantially revised and updated to take account of recent developments, including the Arab Spring , the civil war in Syria, the refugee crisis, ISIS and international terrorism, and climate change politics. Widely admired and assigned for its clarity and comprehensiveness, this book remains a go-to text for students in the social sciences, as well as students of human-rights law who want an introduction to the non-legal aspects of their subject.Trade ReviewThis is a terrific interdisciplinary introduction to human rights. Freeman discusses history, philosophy, theory, the UN human rights system and many of the real-life human rights challenges of the modern era, including culture, corporations and global poverty. I strongly recommend his lucid survey and lively analysis. Paul Hunt, University of Essex Serious students of international human rights continue to have a range of good sources to rely on, and Michael Freeman s fine text is certainly one of them. David P. Forsythe, University of NebraskaTable of ContentsPreface Acknowledgements 1-Introduction: Thinking about Human Rights 2-Origins: The Rise and Fall of Natural Rights 3- After 1945: The New Age of Rights 4- Theories of Human Rights 5- Putting Law in its Place: the Role of the Social Sciences 6-Universality, Diversity and Difference Culture and Human Rights 7-The Politics of Human Rights 8-Globalization, Development and Poverty: Economics and Human Rights 9-Conclusion: Human Rights in the Twenty-first Century References

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Book SynopsisIt has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more ‘rights respecting’ approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion – more and more clearly stated – that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right. There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a ‘back door’ legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.Table of Contents1. Introduction I. Some Terminology Issues—Legalisation, Decriminalisation, and Depenalisation II. Use/Abuse/Consumption 2. Legal Standards and Regimes I. The International Drug Control Regime The 1988 Convention and Criminalisation The Treaty Monitoring Regime of International Drug Control The Enforcement Powers of INCB INCB, UNODC, and Human Rights II. Human Rights The International Human Rights Regime Human Rights Treaty Bodies and INCB Charter-Based Bodies—The Human Rights Council The Offi ce of the High Commissioner on Human Rights (OHCHR) III. Article 33 of the Convention on the Rights of the Child 3. UNGASS and Developments in Latin America I. UNGASS II. Latin America: Regional Developments III. Latin America: Developments at the National Level Bolivia Uruguay 4. Drug Control: Violating Human Rights? I. At First, There Was ‘Harm Reduction’ Substitution Treatment Injection Rooms Conclusion on Harm Reduction II. Human Rights as a Tool Death Penalty Law Enforcement and the Excessive Use of Force Arbitrary Detention, Ill-Treatment and Forced Labour Arbitrary Detention and the International Drug Control Conventions III. Persons who Abuse Drugs as a ‘Vulnerable Group’ IV. Militarisation of Drug Law Enforcement Organised Crime Pain Relief and Legalisation of Opium Poppy Cultivation in Afghanistan Pain Relief Globally 5. Mandated Treatment and Drug Courts I. Portugal 6. The ‘Right to Abuse Drugs’ Afterword: Views of the Author

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Book SynopsisTraditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR’s coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.Trade ReviewThis volume is an excellent example of a critical examination of the jurisprudence of the ECHR. It not only provides clarity about their guidelines, justification and implications in an area that is gaining in importance, but also provides impetus for further development as well as references to possible limits and risks of the concept of criminal law protection obligations. -- Philip Czech * Newsletter Menschenrechte (Bloomsbury translation) *This volume demonstrates, in a holistic way, how coercive human rights duties have inevitably generated tensions with some of the more ‘orthodox’ concerns of human rights law … It also offers a solid basis from which to reappraise concrete developments related to the criminal law (enforcement) tools that are capable of affording effective redress for human rights violations and determine individual criminal liability. * Europe des Droits & Libertés *Table of Contents1. Coercive Human Rights: Introducing the Sharp Edge of the European Convention on Human Rights Natasa Mavronicola and Laurens Lavrysen PART I KEY THREADS IN ECtHR DOCTRINE 2. Positive Obligations and the Criminal Law: A Bird’s-Eye View on the Case Law of the European Court of Human Rights Laurens Lavrysen 3. Positive Obligations and Coercion: Deterrence as a Key Factor in the European Court of Human Rights’ Case Law Paul Lemmens and Marie Courtoy PART II PERSPECTIVES ON VICTIMS’ PROTECTION AND REDRESS 4. Retribution through Reparations? Evaluating the European Court of Human Rights’ Jurisprudence on Gross Human Rights Violations from a Victim’s Perspective Alina Balta 5. Shaping Coercive Obligations through Vulnerability: The Example of the ECtHR Corina Heri 6. Criminal Law Responses to Hate Speech: Towards a Systematic Approach in Strasbourg? Stephanos Stavros PART III CRITICAL REFLECTIONS: THEORY, IMPACT, LIMITATIONS 7. Positive Obligations in View of the Principle of Criminal Law as a Last Resort Nina Peršak 8. Sowing a ‘Culture of Conviction’: What Shall Domestic Criminal Justice Systems Reap from Coercive Human Rights? Mattia Pinto 9. Coercive Overreach, Dilution and Diversion: Potential Dangers of Aligning Human Rights Protection with Criminal Law (Enforcement) Natasa Mavronicola 10. Separating Protection from the Exigencies of the Criminal Law: Achievements and Challenges under Article 4 ECHR Vladislava Stoyanova 11. The Limitations of a Criminal Law Approach in a Transitional Justice Context Brice Dickson PART IV UNCHARTED WATERS FOR THE ECtHR’S COERCIVE DUTIES DOCTRINE 12. Preventive Obligations, Risk and Coercive Overreach Liora Lazarus 13. Coercive Human Rights and Unlawfully Obtained Evidence in Domestic Criminal Proceedings Kelly M Pitcher Postscript: Coercive Human Rights in Times of Coronavirus Natasa Mavronicola and Laurens Lavrysen

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

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Book SynopsisThis study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'. The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.Trade Review...the book manages to add thoughtful insights into a core question of the law of international organizations...De Wet presents her arguments in a lucid and enlightening way. The book is very well written; it introduces the reader into highly complex areas of the law in a straightforward and accessible fashion. August Reinisch Austrian Review of International and European Law, Vol 9 2004 ...a comprehensive in-depth analysis that deserves high praise...an important addition to the existing literature and is therefore warmly recommended... Robin Geiss German Yearbook of International Law, Vol 48 2005 ...rich, thorough and substantial...The issues identified for analysis by the author are important and the analyses are solid and rigorous. Sienho Yee Chinese Journal of International Law, Vol 5, No. 2 July 2006 ...forces readers to reexamine the ahistorical premise...that the post-Cold War Council is now, for the first time, 'functioning as was originally intended under the United Nations Charter' (p.17). Jose E. Alvarez American Journal of International Law, Vol. 99, No. 4 October 2005 This intriguing analysis of the contemporary work of the Council is well-written, well supported by ample references to research authorities, and organized in a way which logically leads to its raison d'tre. This is a provocative and fascinating contribution to the dearth of comprehensive literature on the potential for judicial review of UN Security Council actionthis is undoubtedly a 'must' for all collections. Any student or teacher of International Law and the United Nations should obtain this creative analysis. It fills a gap that many have heretofore not minded. American Society of International Law Newsletter November 2004 This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter. F. De Stratis ERPL/REDP, Vol 17, No 3, Autumn 2005 2005Table of Contents1 Introduction Part I: Judicial Review 2 Advisory Opinions of the International Courts of Justice (ICJ) as a Mechanism for Judicial Review 3 Judicial Review as an Emerging General Principle of Law and its Implications for Contentious Proceedings Before the ICJ Part II: Limitations to the Security Council’s Chapter VII Powers 4 Limits to the Security Council’s Discretion under Article 39 of the Charter 5 An Overview of the Substantive Limits to the Security Council's Discretion under Articles 40, 41 and 42 of the Charter 6 Limits to the Security Council's Discretion to Impose Economic Sanctions 7 Limits to the Security Council's Discretion to Authorise States and Regional Organisations to use Force 8 Limits to the Security Council's Discretion to Authorise the Civil Administration of Territories 9 Limits to the Security Council's Discretion to Adopt (Quasi-) Judicial Measures 10 Conclusion

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Book SynopsisThe international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.Trade Review...any publication within the McAdam repertoire is approached with high expectations and this edition is no exception to the standard set in earlier works. Lisa Yarwood International Journal of Refugee Law Vol 21, no 2, July 2009 [The] papers, by leading academic figures in the broad field of international law and human rights, will serve as a handy tool of research for students, practitioners, historians and all others interested in the plight of involuntary migrants caught up in a constantly changing political environment across the globe. Ramnik Shah The Journal of Immigration, Asylum and Nationality Law Vol 23, No 2, 2009 The findings of the book will make a valuable contribution to the ever ongoing discussion on the protection of persons in need of protection. Karin Zwaan European Journal of Migration and Law Volume 10, Number 4, 2008Table of Contents1. Forced Migration: Refugees, Rights and Security Guy S Goodwin-Gill 2. Resolution 1373-A Call to Pre-empt Asylum Seekers? (or 'Osama, the Asylum Seeker') Penelope Mathew 3. National Security and Non-Refoulement in New Zealand: Commentary on Zaoui v Attorney-General (No 2) Rodger Haines QC 4. Offshore Barriers to Asylum Seeker Movement: The Exercise of Power without Responsibility? Savitri Taylor 5. The Legal and Ethical Implications of Extraterritorial Processing of Asylum Seekers: The 'Safe Third Country' Concept Susan Kneebone 6. Re-thinking the Paradigms of Protection: Children as Convention Refugees in Australia Mary Crock 7. Wearing Thin: Restrictions on Islamic Headscarves and Other Religious Symbols Ben Saul 8. Subjectivity and Refugee Fact-Finding Arthur Glass 9. Towards Convergence in the Interpretation of the Refugee Convention: A Proposal for the Establishment of an International Judicial Commission for Refugees Anthony M North and Joyce Chia 10. The Refugee Convention as a Rights Blueprint for Persons in Need of International Protection Jane McAdam 11. The Responsibility to Protect: Closing the Gaps in the International Protection Regime Erika Feller

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Book SynopsisIndigenous Peoples and the Law provides an historical, comparative and contextual analysis of various legal and policy issues affecting Indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments. Edited by Benjamin J Richardson, Shin Imai, and Kent McNeil, this collection of new essays features 13 contributors including many Indigenous scholars, drawn from around the world. The book provides a pithy overview of the subject-matter, enabling readers to appreciate the seminal issues, precedents and international legal trends of most concern to Indigenous peoples. The first half of Indigenous Peoples and the Law takes an historical perspective of the principal jurisdictions, canvassing, in particular, themes of Indigenous sovereignty, status and identity, and the movement for Indigenous self-determination. It also examines these issues in an international context, including the Inter-American human rights regime and the 2007 UN Declaration on the Rights of Indigenous Peoples. The second part of the book canvasses some contemporary issues and claims of Indigenous peoples, including land rights, mobility rights, community self-governance, environmental governance, alternative dispute resolution processes, the legal status of Aboriginal women and the place of Indigenous legal traditions and legal theory. Although an introductory volume designed primarily for readers without advanced understanding of Indigenous legal issues, Indigenous Peoples and the Law should also appeal to seasoned scholars, policy-makers, lawyers and others who are knowledgeable of such issues in their own jurisdiction and wish to learn more about developments in other places.Trade ReviewThis collection is effective at providing an introduction to common lae legal issues facing Aboriginal peoples and it also can serve as a springboard for more advanced study. These chapters are highly informative works which examine law as it applies to Indigenous peoples in the following locations: Canada, the United States of America, Australia, New Zealand, Central and South America, and international law and policy elsewhere. The benefit of these articles is twofold. First, the authors hit on many of the major legal issues that Aboriginal people face in each location. The peculiarities in each location show a variety of outcomes from the colonial experience to date and provide valuable points of contrast to the Canadian experience. The second benefit, and one which applies to the entire book, is that the articles are extensively referenced, a habit of citation which is especially helpful to others studying unfamiliar jurisdictions. I highly recommend this book for anyone interested in studying indigenous legal issues. Whether it is read cover to cover or simply used as a reference for further research, there is something for everyone. It would be a perfect text selection for a course in Native law and I intend on using it in my own upcoming undergraduate courses. D'Arcy Vermette The Canadian Journal of Native Studies Volume 30, No. 2, 2010Table of ContentsIntroduction 1. Indigenous Peoples and the Law--Historical, Comparative and Contextual Issues Benjamin J Richardson, Shin Imai, and Kent McNeil Part 1: Sovereignty, Status and Self-Determination in Historical Perspective 2. Promise and Paradox: The Emergence of Indigenous Rights Law in Canada Mark D Walters 3. The Dyadic Character of US Indian Law Benjamin J Richardson 4. Australia: The White House with Lovely Dot Paintings whose Inhabitants have 'Moved on' from History? Jennifer Clarke 5. The Ma--ori Encounter with Aotearoa: New Zealand's Legal System Jacinta Ruru 6. The Inter-American System and the Rights of Indigenous Peoples: Human Rights and the Realist Model James Hopkins 7. Indigenous Peoples and International Law and Policy Claire Charters Part 2: Contemporary Claims, Issues and Settlements 8. Indigenous Legal Theory: Some Initial Considerations Gordon Christie 9. Aboriginal Discourse: Gender, Identity and Community Val Napoleon 10. Judicial Treatment of Indigenous Land Rights in the Common Law World Kent McNeil 11. Indigenous Self-Determination and the State Shin Imai 12. Law of the Land--Recognition and Resurgence in Indigenous Law and Justice Systems Christine Zuni Cruz 13. The Ties that Bind: Indigenous Peoples and Environmental Governance Benjamin J Richardson 14. ADR Processes and Indigenous Rights: A Comparative Analysis of Australia, Canada and New Zealand Michael Coyle Conclusion 15. Physical Philosophy: Mobility and the Future of Indigenous Rights John Borrows

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Book SynopsisSpecial Topic on the Human Rights at Multiple Levels.- Brcko Arbitration: An Analysis of Legal and Peacebuilding Dimensions.- Navigating the Intersection between Islam, European Values, and the Integration of Muslims in Europe.- Environmental Security as a New Challenge to International Relations and International Community.- European Law Section.- Analysis of New Rule on Form of Power of Attorney in Serbian Law with Reference to Legal Approaches in Selected European Countries.- New ESG Obligations for Enterprises in Supply and Value Chains through Corporate Sustainability Due Diligence Acts in the EU and Germany.- The crisis of the rule of law: chronicle of a death foretold.- International Law Section.- The legitimacy crisis in International Investment Law: Towards an overcoming?.

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Book SynopsisIntroduction.- EU Policy Irregularising Migration - Background, General Trends, and Guiding Logics.- A Home Affairs Approach.- An Employment and Social Inclusion Approach.- Fundamental Rights and Non-Discrimination Approaches.- An EU Citizenship Approach.- A Criminalisation Approach.- Problematising Irregularised Human Mobility in the Commission.- Conclusions.

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Book Synopsis1 Introduction.- 2 Protection of Whistleblowers’ Confidentiality under European Law.- 3 The Right of Access under European Data Protection Law.- 4 Synthesizing the Confidentiality of Whistleblowers and the Right of Access.- 5 Conclusion and Outlook.

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Book SynopsisEinleitung.- Das Internationale Steuerrecht innerhalb der Steuerrechtsordnung.- Kapitel: Die erweiterte beschränkte Steuerpflicht im System des Internationalen Steuerrechts.- Die Europäisierung der mitgliedstaatlichen Steuerrechtsordnungen.- Eigener Ansatz: 2 AStG im Licht der modifizierten Ursprungstheorie.- Ergebnisse und Zusammenfassung der Arbeit.

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

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

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Book SynopsisFocused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK  The best value and best format books on the market.' - Ed Bates, Southampton University, UK   Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use.  Routledge Student Statutes are:     Exam Friendly: un-annotated and conforming to exam regulations    Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation    Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have b

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Book SynopsisThroughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.Table of ContentsContents: Introduction; Part I Conceptual, Historical and International Context: 'Indigenous peoples' in international law: a constructivist approach to the Asian controversy, Benedict Kingsbury; 'Just backward children': international law and the conquest of non-European peoples, Paul Keal; Indigenous peoples, international institutions, and the international legal literature from 1945-1993, Chris Tennant. Part II Indigenous Rights, Liberalism and Historical Injustice: Kymlicka, liberalism and respect for cultural minorities, John Tomasi; Land, culture and justice: a framework for group rights and recognition, Jeff Spinner-Halev; Historical obligations, Janna Thompson. Part III Kinds of Indigenous Rights: Reconciling 5 competing conceptual structures of indigenous peoples' claims in international and comparative law, Benedict Kingsbury; Indigenous Political Rights - Self-Determination, Self-Government and Sovereignty: Political autonomy and integration of authority: the understanding of Saami self-determination, Else Grete Broderstad; Aboriginal self-government and the construction of Canadian constitutional identity, Michael Asch; Distributing sovereignty: Indian nations and equality of peoples, Patrick Macklem; Indigenous Treaty Rights: Sacred obligations: intercultural justice and the discourse of treaty rights, Rebecca Tsosie; Waitangi tales, Robert E. Goodwin; Indigenous Land and Natural Resources Rights: The sui generis nature of aboriginal rights: does it make a difference?, John Borrows and Leonard I. Rotman; Indigenous rights and environmental justice, Roy W. Perrett; Indigenous Cultural Property Rights: Looking beyond intellectual property in resolving protection of the intangible cultural heritage of indigenous peoples, Robert K. Paterson and Dennis S. Karjala; Culture, autonomy and Djulibinyamurr: individual and community in the construction of rights to traditional designs, Kimberlee Weatherall. Part IV Beyond Indigenous Rights?: Aboriginal peoples

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Book SynopsisThis important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens'' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law''s capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opporTable of ContentsContents: Series preface; Introduction; Part I Historical and Philosophical Perspectives on Theories of Rights: Universal Declaration of Human Rights, United Nations; Of property, John Locke; Constitutional democracy: a paradoxical union of contradictory principles?, Jürgen Habermas; The model of rules, Ronald M. Dworkin. Part II Conflicts Of and About Rights: The new property, Charles A. Reich; Rights in conflict, Jeremy Waldron; Interpreting rights: an essay for Robert Cover, Martha Minow; An essay on rights, Marc Tushnet. Part III Rights in Empirical Relief: The emergence and transformation of disputes: naming, blaming, claiming..., William L.F. Felstiner, Richard L. Abel and Austin Sarat; Rights, remembrance, and the reconciliation of difference, David M. Engel and Frank W. Munger; Situating legal consciousness: experiences and attitudes of ordinary citizens about law and street harassment, Laura Beth Nielsen; Rights in Organizations: Internal dispute resolution: the transformation of civil rights in the workplace, Lauren B. Edelman, Howard S. Erlanger and John Lande; Bargaining in the shadow of institutions: competing discourses and social change in workplace mobilization of civil rights, Catherine R. Albiston. Rights in Social Movements: Reform litigation on trial, Michael W. McCann; Hollow hopes and other aspirations: a reply to Feeley and McCann, Gerald N. Rosenberg. Rights in Global Contexts: The ADA on the road: disability rights in Germany, Katharina C. Heyer; Rights, religion and community: approaches to violence against women in the context of globalization, Sally Engle Merry; Name index.

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Book SynopsisThis collection of previously published work on security and rights focuses on the appropriate relationship between rights and what we can think of as counterterrorism policy. Such a focus might seem both necessary, because of 9/11, and unfortunate, because there are other causes of insecurity besides terrorism. However, the intensity of the 'war on terror' has created an ongoing surge of scholarship on the relationship between security and human rights that either has indirect implications for debates about security where terrorism is not in issue, or has directly led to an attempt to rethink more generally the idea of security and its relationship to rights.Trade Review'...the book makes available many of the key writings in this field, it is to be warmly welcomed.' Commonwealth Lawyer '...this is a most important book. It brings to the table some of the greatest thinkers on the subject of civil rights and security.' The Criminal LawyerTable of ContentsContents: Introduction; Part I The Image of Balance: Security and liberty: the image of balance, Jeremy Waldron; Emergencies, tradeoffs, and deference, Eric A. Posner and Adrian Vermeule. Part II Institutional Models: The Emergency Constitution: This is not a war, Bruce Ackerman; The priority of morality: the emergency constitution's blind spot, David Cole; Weak Constitutionalism: Minimalism at war, Cass R. Sunstein; Strong Constitutionalism: Securing liberty in the face of terror: reflections from criminal justice, Lucia Zedner; Must we trade rights for security? The choice between smart, harsh, or proportionate security strategies in Canada and Britain, Kent Roach; Keeping control of terrorists without losing control of constitutionalism, Clive Walker; Equality in the war on terror, Neal Katyal. Part III Civilizing Security?: World citizens between freedom and security, Klaus Günther; The cultural lives of security and rights, Ian Loader and Neil Walker; Name Index.

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Book SynopsisThe right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a ''fair'' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.Table of ContentsContents: Introduction; Part I The Right to Trial by Jury: The sacred cow of trial by jury, R.J. O'Hanlon; The courage of our convictions, Sherman J. Clark; The right to trial by jury, Thom Brooks. Part II Lay Participation: Lay participation in decision making: a Croatian perspective on mixed tribunals, Sanja Kutnjak Ivkovic; Democratic accountability and lay participation in criminal trials, Tatjana Hörnle. Part III Jury Nullification: The myth of the nullifying jury, Nancy S. Marder; A defence of jury nullification, Thom Brooks. Part IV Trial Reform: The lamp that shows that freedom lives - is it worth the candle?, Penny Darbyshire; The case for jury waiver, Sean Doran and John Jackson; Modes of trial: shifting the balance towards the professional judge, John Jackson. Part V The Civil Trial: Why judges, not juries, should set punitive damages, Paul Mogin; Decisionmaking about general damages: a comparison of jurors, judges, and lawyers, Roselle L. Wissler, Allen J. Hart and Michael J. Saks. Part VI Trials and Terrorism: Terrorism on trial: the President's constitutional authority to order the prosecution of suspected terrorists by military commission, Christopher M. Evans; Judicial review of counter-terrorism measures: the Israeli model for the role of the judiciary during the terror era, Yigal Mersel; Name Index.

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Book SynopsisThe traditional definition of development ethics considers the 'ethical and value questions posed by development theory, planning and practice' (Goulet 1977: 5). The field parallels the traditional question of ethics 'How ought one to live as an individual?' by asking in addition 'How ought a society exist and move into the future?' This interdisciplinary field is well represented by a substantial collection of previously-published articles and papers. The volume illustrates a wide range of academic and practitioner writings on the theories and concepts of development ethics as well as ethical development policy and practice.Table of ContentsContents: Introduction; Part I The Field of Development Ethics: History and Agenda: The invention of development, Michael Cowen and Robert Shenton; The West and its others, Bhikhu Parekh; Tasks and methods in development ethics, Denis Goulet; Denis Goulet and the project of development ethics: choices in methodology, focus and organization, Des Gasper. Part II Development and Underdevelopment: Experiences, Meanings and Evaluations: The concept of development, Amartya Sen; Famines, Amartya Sen; Poverty is powerlessness and voicelessness, Deepa Narayan; On the ethics of development planning, Denis Goulet; Development experts: the one-eyed giants, Denis Goulet; Development as practice in a liberal capitalist world, Alan Thomas. Part III Ethical Principles: Needs, Capabilities, Rights: Development and human needs, Manfred Max-Neef; Women's capabilities and social justice, Martha Nussbaum; What is the capability approach? Its core, rationale, partners and dangers, Des Gasper; Development, common foes and shared values, Mozaffar Qizilbash; A deliberative ethic for development: a Nepalese journey from Bourdieu through Kant to Dewey and Habermas, John Cameron and Hemant Ojha; The right to development and its corresponding obligations, David Beetham. Part IV Methodologies: Approaches to evaluation of development interventions: the importance of world and life views, Roland Hoksbergen; The implications and value added of a rights-based approach, Jakob Kirkemann Hansen and Hans-Otto Sano; Human security - national perspectives and global agendas: insights from national human development reports, Richard Jolly and Deepayan Basu Ray; A methodologically pragmatist approach to development ethics, Asunción Lera St Clair. Part V Ethical Development Policy and Practice: Hunger, capability and development, David A. Crocker; Democracy and the right to food, Jean Drèze; How much debt must be cancelled?, Joseph Hanlon; Development, displacement and international ethics, Peter Penz; G

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Book SynopsisThis volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China''s legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignityTable of ContentsContents: Introduction; Were Chinese rulers above the law? Toward a theory of the rule of law in China from early times to 1949 CE, Qiang Fang and Roger Des Forges; Constitutionalism with Chinese characteristics? Constitutional development and civil litigation in China, Thomas E. Kellogg; The politics of constitutional reform in China: rule of law as a condition or as a substitute for democracy?, Richard Balme and Yang Lihua; China's legislation law and the making of a more orderly and representative legislative system, Laura Paler; Political parties in China's judiciary, Zhu Suli; China's courts: restricted reform, Benjamin L. Liebman; Who will find the defendant if he stays with his sheep? Justice in rural China, Frank K. Upham; The production of legal norms: a case study of administrative detention in China, Sarah Biddulph; Using law for a righteous purpose: the Sun Zhigang incident and evolving forms of citizen action in the People's Republic of China, Keith J. Hand; Shuanggui and extralegal detention in China, Flora Sapio; When lawyers are prosecuted...: the struggle of a profession in transition, Fu Hualing; Weiquan (rights protection) lawyering in an authoritarian state: building a culture of public-interest lawyering, Hualing Fu and Richard Cullen; Riots and cover-ups: counterproductive control of local agents in China, Carl F. Minzner; Justice from above or below? Popular strategies for resolving grievances in rural China, Ethan Michelson; Public opinion supervision: a case study of media freedom in China, Anne S.Y. Cheung; Name Index.

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