Public international law: human rights Books

Book SynopsisThe applicability of international humanitarian law requires the existence of an armed conflict that is either international or non-international in character. Accordingly, the concept of armed conflict (as well as the related notion of war) and its temporal and material limits are the focus of the reprinted essays which open this volume. Subsequent articles address highly contentious issues regarding the relationship between the jus in bello and international humanitarian law on the one hand, and the jus ad bellum and international human rights law on the other, as well as the closely related principle of the equal application of international humanitarian law. In the light of contemporary conflicts, essays consider the legal position of States that have chosen not to become a party to an ongoing international armed conflict (law of neutrality) as well as the question of whether and to what extent international humanitarian law provides rules governing counter-terrorism operationsTable of ContentsContents: Introduction, Wolff Heintschel von Heinegg; The concept of war in modern international law, Christopher Greenwood; The different types of armed conflicts according to the Geneva Conventions and Protocols, Dietrich Schindler; Humanitarian law and armed conflicts: toward the definition of 'international armed conflict', Tom Farer; Internationalized non-international armed conflicts: case studies of Afghanistan, Kampuchea, and Lebanon, Hans-Peter Gasser; The problem of the revision of the law of war, H. Lauterpacht; The nature and scope of the Armistice agreement, Howard S. Levie; Armistices and other forms of suspension of hostilities, R.R. Baxter; The limits of the operation of the law of war, H. Lauterpacht; The relationship between ius ad bellum and ius in bello, Christopher Greenwood; The equal application of the laws of war: a principle under pressure, Adam Roberts; The present status of neutrality, Quincy Wright; International law and contemporary naval operations, D.P. O'Connell; Human rights and humanitarian law, Dietrich Schindler; International humanitarian law and human rights law, Louise Doswald-Beck and Sylvain Vité; The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body, Francoise J. Hampson; Counter-terrorism, armed force and the laws of war, Adam Roberts; Use and abuse of the laws of war in the 'war on terrorism', Marco Sassòli; Name index.

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Book SynopsisThis volume is the first of two addressing the legal regime governing the use of force during armed conflicts. Traditionally labeled ''Hague Law'', today the norms it examines are commonly referred to as ''conduct of hostilities rules''. At the heart of this body of law is the principle of distinction, which requires that civilians and civilian objects be distinguished from combatants and military objectives during military operations. It is the purest expression of the foundational balance between humanitarian considerations and military necessity that has underpinned international humanitarian law since its inception. The essays selected consider the theoretical and practical difficulties of maintaining the balance in the face of evolving means and methods of warfare and competing perspectives as to how it is best achieved. Also addressed is the law governing warfare at sea and in the air. Essays focusing on the former examine early norms and analyze their continuing relevance to Table of ContentsContents: Introduction, Michael N. Schmitt; Part I Distinction: Protection of civilians against the effects of hostilities under customary international law and protocol I, Waldemar A. Solf; The principle of discrimination in 21st century warfare, Michael N. Schmitt; Zero-casualty warfare, A.P.V. Rogers; Assessing proportionality: moral complexity and legal rules, Kenneth Watkin. Part II Maritime Warfare: Submarine warfare, A. Pearce Higgins; The international law of mine warfare at sea, Wolff Heintschel von Heinegg; Some aspects of modern contraband control and the law of prize, G.G. Fitzmaurice; Naval blockade, Wolff Heintschel von Heinegg; The exclusion zone device in the law of naval warfare, W.J. Fenrick. Part III Air Warfare: Area bombardment: rules and reasons, Hans Blix; Air war and the law of war, W. Hays Parks; Name index.

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Book SynopsisThe essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law''s protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law''s adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy,Table of ContentsContents: Introduction, Michael N. Schmitt; Part I Weapons: The law of weaponry at the start of the new millennium, Christopher Greenwood; Conventional weapons under legal prohibitions, R.R. Baxter; Some legal aspects of the use of nuclear weapons, Ian Brownlie. Part II Persons: So-called 'unprivileged belligerency': spies, guerrillas, and saboteurs, Richard R. Baxter; The status of combatants and the question of guerrilla warfare, G.I.A.D. Draper; Special forces' wear of non-standard uniforms, W. Hays Parks; Unlawful combatancy, Yoram Dinstein; The legal situation of 'unlawful/unprivileged combatants', Knut Dörmann; Humanitarian law and direct participation in hostilities by private contractors or civilian employees, Michael N. Schmitt; The status of mercenaries in international law, L.C. Green; The international legal protection of children in armed conflicts, Geraldine Van Bueren; Protection of women in armed conflict, Judith Gardam and Hilary Charlesworth. Part III Objects: Captured enemy property: booty of war and seized enemy property, William Gerald Downey Jr; Green war: an assessment of the environmental law of international armed conflict, Michael N. Schmitt. Part IV Tactics: Ruses of war and prohibition of perfidy, Dieter Fleck; Name index.

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Book SynopsisDetention and occupation are two challenging aspects of international humanitarian law in 21st century warfare. The essays selected for this volume examine the historical foundations of these issues, as well as the contemporary practices surrounding them. Detention law was prominently codified in the 1949 Third and Fourth Geneva Conventions, but has been criticized as inadequate in the face of 'new wars' involving non-State actors such as insurgents and terrorists. These essays not only explore historically problematic detention issues like repatriation and the protecting powers regime, but also question whether the extant law suffices to ensure a proper balance between humanitarian considerations and a detaining State's security concerns. Occupation law was originally designed for temporary occupations that maintained the occupied State's institutions pending return of full authority, but has been tested by recent occupations which are often prolonged and which sometimes seek to 'transform' occupied States previously governed by undemocratic and abusive regimes. The essays demonstrate that these are not novel issues and consider how they were handled in the past. They also assess various perspectives as to the purposes and limits of occupation, especially in the face of modern imperatives such as human rights.Table of ContentsContents: Introduction, Michael N. Schmitt; Part I Detention: The declining significance of POW status, Derek Jinks; Prisoners of war and the protecting power, Howard S. Levie; International law aspects of repatriation of prisoners of war during hostilities, Richard A. Falk; Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence, Jelena Pejic; Evolving Geneva Convention paradigms in the 'war on terrorism': applying the core rules to the release of persons deemed 'unprivileged combatants', Sean D. Murphy. Part II Occupation: The origins of the concept of belligerent occupation, Eyal Benvenisti; Occupation under the laws of war: I, Elbridge Colby; Occupation under the laws of war: II, Elbridge Colby; What is a military occupation?, Adam Roberts; The legal relations between an occupying power and the inhabitants, Lassa Oppenheim; The duty of obedience to the belligerent occupant, Richard R. Baxter; Legislation and maintenance of public order and civil life by occupying powers, Marco Sassòli; Government in commission, R.Y. Jennings; Prolonged military occupation: the Israeli-occupied territories since 1967, Adam Roberts; Transformative military occupation: applying the laws of war and human rights, Adam Roberts; Name index.

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Book SynopsisThe essays selected for this volume explore the entire range of issues related to the question of how to implement and enforce international humanitarian law. Measures of self-help that used to play a key role in past international armed conflicts, especially reprisals, have increasingly been outlawed, and thus the enforcement of international humanitarian law has now to be achieved by other means, including criminal proceedings against those who have seriously (or gravely) committed war crimes. Accordingly, the concept of grave breaches, the universality principle and international criminal law are dealt with extensively in this collection. Finally, the volume includes an examination of the practice of ''lawfare'' (an abuse of international humanitarian law for military or political purposes) which has proven increasingly effective in contemporary armed conflict.Table of ContentsContents: Introduction, Wolff Heintschel von Heinegg; War reprisals in the war crimes trials and in the Geneva Conventions of 1949, A.R. Albrecht; Belligerent reprisals revisited, F. Kalshoven; The implementation and enforcement of the Geneva Conventions of 1949 and the additional Protocols of 1978, G.I.A.D. Draper; The role of legal advisers in the armed forces, Leslie C. Green; The man in the field and the maxim of ignorantia iuris non excusat, L.C. Green; Private pecuniary claims arising out of war, Edwin M. Borchard; State responsibility for warlike acts of the armed forces: from Article 3 of Hague Convention IV of 1907 to Article 91 of Additional Protocol I of 1977 and beyond, Frits Kalshoven; The history of the grave breaches regime, Yves Sandoz; The universality principle and war crimes, Yoram Dinstein; The law of nations and the punishment of war crimes, H. Lauterpacht; The municipal and international law basis of jurisdiction over war crimes, Richard R. Baxter; Superior orders and the reasonable man, L.C. Green; Command responsibility for war crimes, William H. Parks; Accountability for international crimes: from conjecture to reality, Jelena Pejic; Law and military interventions: preserving humanitarian values in 21st conflicts, Charles J. Dunlap Jr; Name index.

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Book SynopsisThis manual outlines the safeguards that exist in international law to protect people against torture, and gives examples of successful campaigning techniques to put an end to torture. It covers the human rights standards that apply at every stage from arrest and detention to trial and imprisonment.Table of ContentsContents* Foreword by Juan Mendez, UN Special Rapporteur on Torture.* Chapter 1 outlines the key events in international efforts to tackle torture and other ill-treatment worldwide and main activities by Amnesty International to combat these forms of abuse over the years. It also introduces the main international and regional bodies and mechanisms concerned with torture and other ill-treatment. It explains why there is a continuing need for robust action globally to tackle torture and other ill-treatment.* Chapter 2 explains the nature and scope of the absolute prohibition of torture and other ill-treatment under international law. It details the numerous international and regional standards that have emerged to prohibit these forms of abuse, as well as the definitions of torture and other ill-treatment that exist. It considers specific forms of torture and other ill-treatment such as the death penalty, judicial and administrative corporal punishment. It looks at issues of particular concern such as gender-based violence and the link between discrimination, poverty, torture and other ill-treatment. It considers the issue of when non-state (private) actors violate the prohibition of torture and other ill-treatment. * Chapter 3 sets out the numerous safeguards under international law and standards which have been developed to protect and prevent people deprived of their liberty from being tortured and otherwise ill-treated. It looks not only at safeguards for people detained within the context of the criminal justice system but also other forms of deprivation of liberty such as administrative detention, detention on immigration grounds or due to mental health issues, as well as detention during times of armed conflict. It considers the use of force in law enforcement, as well as torture and other ill-treatment within law enforcement, military and security services. * Chapter 4 examines the right of persons deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person. It details the numerous international standards relating to conditions of detention and the measures that need to be taken to provide humane conditions. It looks at both the physical and psychological aspects of the treatment of detainees, including the standards and procedures concerning discipline and security. * Chapter 5 considers the obligation of states to prevent torture and other ill-treatment. It examines the role of international, regional and national mechanisms that have been established to promote, ensure and enforce the prevention of torture and other ill-treatment. It also emphasizes the important role that national actors such as national human rights institutions, national preventive mechanisms, non-governmental organizations, faith-based organizations, the judiciary, lawyers and health professionals can play in preventing these forms of abuse. * Chapter 6 looks at efforts to hold states and individuals accountable for acts of torture and other ill-treatment under international law. It sets out the obligations for states to investigate allegations, bring those responsible to justice and provide reparation treatment to victims. It also considers the role played by the UN, regional treaty bodies and human rights courts when no national efforts are made to bring perpetrators to account, or when national efforts fail. Lastly it looks at the role of the International Criminal Court and ad hoc international and internationalized criminal tribunals in holding individuals accountable for acts of torture and other ill-treatment* Chapter 7 suggests forms of action to combat torture and other ill-treatment. It draws upon a range of strategies and actions taken by Amnesty International and other human rights defenders working towards a world without torture and ill-treatment.

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Book SynopsisDebate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies. This volume collects together some of the more significant writings in the debate, and reflects a variety of perspectives: liberal, conservative, and radical. The topics covered include the meaning and importance of sexual freedom, gender roles, marriage and other significant partnerships, child care and adoption, the criminal law, employment, and expression and pornography. The volume also seeks to relate arguments about sexual orientation and rights to broader debates within feminist theory.Table of ContentsContents: Introduction. Part I Organizing the Arguments: Sexual orientation and the politics of biology: a critique of the argument from immutability, Janet E. Halley. Part II Substantive Progressive Arguments: Sexual autonomy and the constitutional right to privacy: a case study in human rights and the unwritten constitution, David A.J. Richards; Liberal community, Ronald Dworkin; Sexual orientation and the constitution: a test case for human rights, Edwin Cameron; Hardwick and historiography, William N. Eskridge, Jr; Editorial note: The constitutional status of sexual orientation: homosexuality as a suspect classification, Harvard Law Review; Recognising new kinds of direct sex discrimination: transsexualism, sexual orientation and dress codes, Robert Wintemute; Pornographies, Leslie Green; Pornography/death: the problem of gay pornography in a straight supremacist system, Shannon Gilreath. Part III Conservative Arguments and Responses to Them: Law, morality and ’sexual orientation’, John M. Finnis; Is marriage inherently heterosexual?, Andrew Koppelman. Part IV Radical Arguments: Developing lesbian legal theory/Sexual privacy/Discourses of discrimination, Ruthann Robson; Essential rights and contested identities: sexual orientation and equality rights jurisprudence in Canada, Carl F. Stychin; On being beside oneself: on the limits of sexual automony, Judith Butler. Name index.

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Book SynopsisSexual rules and regulations are among society's oldest yet it is only in recent decades that this once-stigmatized field has become the focus of scholarly attention. This volume, which includes some of the most thought-provoking and hard-to-find essays in the field, covers a diverse range of topics from sexual orientation and gender identity to intersexuality and commercial sex, and from HIV/AIDS and trafficking to polygamy. Through historical, political and critical-theoretical lenses, and through a global focus, the selections ask how we conceptualize the groups and acts subjected to sexual regulation and how regulations in the field implicate and produce understandings of sexuality and identity. By placing this variety of works together, Sexuality and Equality Law invites fresh insights into commonalities and synergies across regulatory arenas that are often isolated from one another. The volume's introduction situates all of these works in the broader field and offers readers an eTable of ContentsContents: Introduction; The rights and wrongs of sexuality, Jeffrey Weeks; The sexual citizen, Carl F. Stychin; Understanding lesbian and gay rights, Nicholas Bamforth; From ’sex rights’ to ’love rights’: partnership rights as human rights, Robert Wintemute; Sticky intuitions and the future of sexual orientation discrimination, Suzanne B. Goldberg; The sex discrimination argument in gay rights cases, Nan D. Hunter; Coming out and challenging the closet, 1961-1981, William N. Eskridge; Shared values of Singapore: sexual minority rights as Singaporean value, Phil C.W. Chan; Constructing the personal narratives of lesbian, gay and bisexual asylum claimants, Laurie Berg and Jenni Millbank; Black rights, gay rights, civil rights, Devon W. Carbado; The epistemic contract of bisexual erasure, Kenji Yoshino; Gender pluralisms under the transgender umbrella, Paisley Currah; What’s wrong with rights?, Dean Spade; Beyond the locker room: changing narratives on early surgery for intersex children, Alison Davidian; HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions, Edwin Cameron, Scott Burris and Michaela Clayton; Secondary effects, Joe Rollins; The regulation of prostitution: contemporary contexts and comparative perspectives, Vanessa E. Munro and Marina Della Giusta; Evolving a policy - legal status, Lenore Kuo; ’Faith’ and the ’good’ liberal: the construction of female sexual subjectivity in anti-trafficking legal discourse, Ratna Kapur; What’s queer about polygamy, Margaret Denike; Name index.

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Book SynopsisReligion in the public sphere is one of the most debated issues in the field of law and religion. This volume brings together articles which address some of the more prominent recent cases relating to religion and education, religion and the workplace, family law and religious symbols. The essays discuss the meaning of secularism today and the difficult issue of religion in the public sphere and reflect a wide variety of viewpoints. This volume maps the key elements of this multi-faceted problem, offers essential material and provides an important starting point for an understanding of the issues in this century old debate.Table of ContentsContents: Introduction, Silvio Ferrari; Part I Secularism, Pluralism and Multiple Modernities: Religion in the public sphere, Jürgen Habermas; The meaning of secularism, Charles Taylor; The transformations of the religious dimension and the crystallization of new civilizational visions and relations, S.N. Eisenstadt; Secular constitutionalism vindicated, Frances Raday; Religious liberty and French secularism, Jacques Robert; The distinctiveness of Indian secularism, Rajeev Bhargava. Part II Law, Religion and Education: Religion and education, Jeroen Temperman; The religious, moral and spiritual dimensions of education: national, regional and international constitutional and legal frameworks, Peter Schreiner; Different models for religion and education in Europe, Jean-Paul Willaime; Religion education and the transformational state in South Africa, David Chidester; Religious education in Israel, Asher Maoz. Part III Law, Religion and the Workplace: Protecting religion at work, Lucy Vickers; Class wars? Religion and (in)equality in the workplace, Aileen McColgan; God at work: religion in the workplace and the limits of pluralism in Canada, Lorne Sossin. Part IV Religion and Family Law: State, law and family, Mary Ann Glendon; The place of religion in family law: a comparative search, Jane Mair; The overlooked costs of religious deference, Robin Fretwell Wilson. Part V Religious Symbols in the Public Space: Ancient and modern boundary crossing between personal laws and civil law in composite India, Werner Menski. Unveiling the limits of tolerance: comparing the treatment of majority and minority religious symbols in the public sphere, Susanna Mancini and Michel Rosenfeld; Crosses and culture: state-sponsored religious displays in the US and Europe, Mark L. Movsesian; Name index.

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Book SynopsisThe essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic arTable of ContentsContents: Introduction; Part I Frameworks and Overviews: Theoretical Frameworks: Formal, substantive, and disaggregated neutrality toward religion, Douglas Laycock; ’Introduction’ and ’Freedom from compelled profession of belief, adverse targeting, and discrimination’, Kent Greenawalt; ’Blooming confusion: religious equality in the age of Madison’, and ’Unprincipled religious freedom’, Steven D. Smith; Religion, equality, and non-discrimination, Nazila Ghanea; Issues and Overviews: Islam and human rights, Abdullahi Ahmed An-Na’im; The constitutional framework for the protection of religious and related rights in South Africa, Lourens du Plessis; Religious liberty in the state of Israel, Natan Lerner; Discrimination between religions: some thoughts on reading Greenawalt’s Religion and the Constitution: Establishment and Fairness, John Finnis. Part II Discrimination Against Religion: Theoretical Frameworks: Free exercise revisionism and the Smith decision, Michael W. McConnell; Equal liberty, Christopher L. Eisgruber and Lawrence G. Sager; Headscarf Controversies: The Republic and the veil, John R. Bowen; Belief and/in the law, Mayanthi L. Fernando; Secular constitutionalism and Muslim women’s rights: the Turkish headscarf controversy and its impact on the European Court of Human Rights, Hilal Elver. Part III Discrimination by Religion: Employment, Family Law, and Customary Inheritance: The irony of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, Caroline Mala Corbin; Religious freedom and the nondiscrimination norm, Richard W. Garnett; Keeping faith: reconciling women’s human rights and religion, Madhavi Sunder; Inheritance and disinheritance: African customary law and constitutional rights, Nelson Tebbe. Part IV Discrimination in Favour of Religion: Theoretical Frameworks: The problem of singling out religion, Michael W. McConnell; Introduction, Philip B. Kurland; Ten Commandments, three plastic reindeer, and one nation...

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Book SynopsisThe essays in this volume illuminate a central paradox in the post-colonial West: race remains a potent index of social, economic and political inequality even while racial discrimination has become unlawful, even anathema. The standard account of this paradox is that racial discrimination and inequality are unfortunate vestiges of the past, which an enlightened legal system is now engaged in extirpating. These essays reveal a different story: equality law preserves racial inequality even while denouncing it. The authors show how in country after country, legal rules define racism so narrowly and make racial discrimination so difficult to prove that inequality persists despite its symbolic extinction. This ground-breaking volume of English-language essays, aimed at academics and researchers, shows how critical race theory, an analytic approach developed in the United States, can shed light on the workings of race in political-legal systems as diverse as South Africa, New Zealand, FrancTable of ContentsContents: Introduction; Part I Defining Race and Racism: Re-framing Europe: en-gendered racisms, ethnicities and nationalisms in contemporary Western Europe, Avtar Brah; Red: racism and the American Indian, Bethany R. Berger. Part II Race and Racism: Social Contradictions: A region in denial: racial discrimination and racism in Latin America, Ariel E. Dulitzsky; 'Who wants to feel white?' Race, Dutch culture and contested identities, Philomena Essed and Sandra Trienekens; Reproductive labor: sex and domestic work in Cyprus, Greece and Turkey, Anna M. Agathangelou; Order and security in the city: producing race and policing neoliberal spaces in South Africa, Tony Roshan Samara. Part III Race and Racism: Legal Contradictions: An indigenous lens into comparative law: the doctrine of discovery in the United States and New Zealand, Robert J. Miller and Jacinta Ruru; Antidiscrimination law: the view from 1989, Alan Freeman; The ideology of the Brazilian nation and the Brazilian legal theory of racial discrimination, Seth Racusen; French criminalization of racial employment discrimination compared to the imposition of civil penalties in the United States, Donna M. Gitter; The past is unpredictable: race, redress and remembrance in the South African Constitution, Pierre De Vos; Savages, victims, and saviors: the metaphor of human rights, Makau Mutua; Recreating the state, Jacqueline Stevens; Name index.

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Book SynopsisThis volume draws on several decades of advocacy for law reform to advance gender equality. The essays illustrate the evolution of dominant theoretical approaches and trace their application to core issues, such as the meaning of gender, family formation and roles, equality in the workplace, reproductive rights and violence. The selections are international in their range and include recent works that summarize foundational discussions as well as less well-known articles and essays which capture defining issues with enduring resonance. Taken together, these articles form the basis for discussions of recurring themes such as: how best to define and account for biological, social or cultural differences based on gender; how the law can recognize historic and ongoing gender subordination while supporting individuals' autonomy and agency; and the nature and role of women's sexuality. They exemplify the ongoing dialectic between well-intentioned reform and unintended consequences that charaTable of ContentsContents: Introduction; Part I Theoretical Approaches and Overview: Three stages of feminist legal theory, Martha Chamallas; Feminist theories and international law, Hilary Charlesworth and Christine Chinkin; Feminist legal theory and understandings of equality: one step forward or two steps back?, Reg Graycar and Jenny Morgan; Power and danger: feminist engagement with international law through the UN Security Council, Dianne Otto; Naming gender stereotyping, Rebecca J. Cook and Simone Cusack; EU gender equality law, Susanne Burri and Sacha Prechal. Part II Gender: Multiple and Complex Identities: Theorizing yes: an essay on feminism, law and desire, Katherine Franke; New complexity theories: from theoretical innovation to doctrinal reform, Darren Lenard Hutchinson; The transgender rights imaginary, Paisley Currah; Theorizing class, gender and the law: three approaches, Angela P. Harris. Part III Family: Transracial adoption: mothers, hierarchy, race, and feminist legal theory, Twila L. Perry; Who’s afraid of polygamy? Exploring the boundaries of family, equality and custom in South Africa, Penelope E. Andrews; Compulsory matrimony, Ruthann Robson. Part IV Work: Leave - Work/Family: Work, caregiving, and masculinities, Ann C. McGinley; Work/family reconciliation, equal opportunities and social policies: the interpretation of policy trajectories at the EU level and the meaning of gender equality, Jane Lewis. Low-Wage Workers: The four-day work week: but what about Ms Coke, Ms Upton, and Ms Blankenship?, Shirley Lung; Conclusion: the limits of labour law, Elsje Bonthuys. Sexual Harassment: The sanitized workplace revisited, Vicki Schultz. Sex Work and Trafficking: Migrant women and the legal politics of anti-trafficking interventions, Ratna Kapur. Part V Reproductive Rights: Creating and solving the problem of drug use during pregnancy, Dorothy E. Roberts; Sex equality arguments for reproductive rights: their critical basis and evolving constitutional expression, R

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Book SynopsisThe essays selected for this volume provide a comprehensive overview of the philosophical, ethical, historical, legal and practical issues in the diverse field of emergency law. The essays focus on terrorist attacks and natural disasters and highlight the roles of a vast variety of actors, such as the military, fire services, health services, police, volunteers and many more. The volume reveals legislative trends in emergency law by combining different national, international and comparative legal perspectives on a number of different types of emergency situations. In addition, essays taken from a practitioner perspective provide insight into civilian and military emergency management on the ground and the frequently reoccurring legal challenges. By comparing different national approaches to emergency law and emergency management, this collection of essays goes beyond the narrow view of one political system and draws instructive conclusions relating to the similarities and differeTable of ContentsContents: Introduction; Part I The Evolution of Emergency Law: Schmitt v Dicey: are states of emergency outside the legal order?, David Dyzenhaus; One law for war and peace? Judicial review and emergency powers between the norm and the exception, Ian Zuckerman; The law of the exception: a typology of emergency powers, John Ferejohn and Pasquale Pasquino. Part II Emergency Law and the Interaction with Military Law: Defending Korematsu?: reflections on civil liberties in wartime, Mark Tushnet; North American emergencies: the use of emergency powers in Canada and the United States, Kim Lane Scheppele; While the government fiddled around, the Big Easy drowned: how the Posse Comitatus Act became the government's alibi for the Hurricane Katrina disaster, Candidus Dougherty; The military call-out legislation, Michael Head. Part III Emergency Law and Disaster Response: Mother Nature versus human nature: public compliance with evacuation and quarantine, Mary-Elise Manuell and Jeffrey Cukor; Collaboration and leadership for effective emergency management, William L. Waugh Jr and Gregory Streib; The federal response to Hurricane Katrina: a case for repeal of the Posse Comitatus Act or a case for learning the law?, Joshua M. Samek. Part IV Emergency Powers and the 'War on Terror': Emergency powers and the rule of law after 9/11, William E. Scheuermann; The emergency constitution, Bruce Ackerman; Constitutional norms in a state of permanent emergency, Sanford Levinson; Balancing security and liberty: critical perspectives on terrorism law reform, Simon Bronitt; German perspectives on the right to life and human dignity in 'the war on terror', Saskia Hufnagel. Part V All Risk Emergency Regulation or Case Specific Regulation: Governance of the critical national infrastructure, Clive Walker; September 11: consequences for Canada, Kent Roach; Extract fromTerrorism: supply and demand, Philip Bobbitt; Conclusion; Name index.

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Book SynopsisThe significance of fundamental individual rights to substantive criminal law, criminal procedure law and sentencing law is undeniable for anyone who is familiar with the criminal justice system. The fourteen essays selected for this volume portray and discuss the meaning and rationale of those human rights that are most relevant to that system. They have been chosen for their high quality, timeless approach and general attention to issues that are of universal interest and thus not too closely related to the technicalities of a specific criminal justice system. In combination with the introduction to this volume, the essays cover almost the entire criminal justice system and offer a general overview as well as an in-depth examination of criminal law and human rights. As a result, this volume is essential for researchers, lecturers and students concerned with the tensions and harmonies between the values the criminal justice system and human rights respectively serve.Table of ContentsContents: Introduction; Part I Criminal Procedural law: Four threats to the presumption of innocence, Andrew Ashworth; Pretrial and preventive detention of suspected terrorists: options and constraints under international law, Douglass Cassel; Privacy as struggle, Andrew E. Taslitz; Why must trials be fair?, Stefan Trechsel; Re-conceptualizing the right of silence as an effective fair trial standard, John Jackson; Confrontation: the search for basic principles, Richard D. Friedman; The protection of human dignity in interrogations: may interrogative torture ever be tolerated? Reflections in light of recent German and Israeli experiences, Miriam Gur-Arye and Florian Jessberger; Rethinking double jeopardy: justice and finality in criminal process, Ian Dennis; The doctrine of the Inter-American Court of Human Rights regarding states’ duty to punish human rights violations and its dangers, Fernando Felipe Basch. Part II Substantive Criminal Law: Nulla poena sine lege, Jerome Hall; Hate speech in constitutional jurisprudence: a comparative analysis, Michel Rosenfeld; Freedom of religion and criminal law: a legal appraisal. From the principle of separation of church and state to the principle of pluralist democracy?, Piet Hein van Kempen; The human rights implications of a ‘cultural defense’, Michaël Fischer. Part III Sentencing: Life imprisonment: recent issues in national and international law, Dirk van Zyl Smit. Name index.

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Book SynopsisThis volume brings together a selection of the most important published research articles from the ongoing debate about the moral rights of prisoners. The articles consider the moral underpinnings of the debate and include framework discussions for a theory of prisoners' rights as well as several international documents which detail the rights of prisoners, including women prisoners. Finally, detailed analysis of the moral bases for particular rights relating to prison conditions covers areas such as: health, solitary confinement, recreation, work, religious observance, library access, the use of prisoners in research and the disenfranchisement of prisoners.Table of ContentsContents: Introduction. Part I Background: The prisoners’ rights movement and its impacts, James B. Jacobs; The short life and painful death of prisoners’ rights, J.M. Shone; Criminal offenders and right forfeiture, Richard L. Lippke; Privatization and the elusive employee-contractor distinction, Alexander Volokh. Part II Foundations: Prisoners’ rights, Hugo Adam Bedau; The case for prisoners’ rights, Genevra Richardson; Toward a theory of prisoners’ rights, Richard L. Lippke. Part III Enumerated Prisoners’ Rights: Social justice and correctional health services, Kenneth Kipnis; Solitary confinement and supermax prisons: a human rights and ethical analysis, Sharon Shalev; The ethical framework for research involving prisoners; Liberal and Republican arguments against the disenfranchisement of felons, Jeffrey Reiman; Prisoner access to recreation, entertainment and diversion, Richard L. Lippke; The right of inmates to work, Rex Martin; In the belly of the whale: religious practice in prison, Harvard Law Review; Reachin’ behind bars: library outreach to prisoners, 1798-2000, Larry E. Sullivan and Brenda Vogel; Prisoners’ right to read: an interpretation of the Library Bill of Rights, American Library Association/Office for Intellectual Freedom. Part IV Major International Documents: The United Nations and the promotion of prison standards, Adam C. Bouloukos and Burkhard Dammann; UN standard minimum rules for the treatment of prisoners (1955); UN body of principles for the protection of all persons under any form of detention or imprisonment (1988); UN basic principles for the treatment of prisoners (1990); UN rules for the treatment of women prisoners and non-custodial measures for women offenders (the Bangkok Rules) (2010). Name index.

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Book SynopsisThis collection of scholarly articles takes as its subject matter discourses on environmental justice. The concept emerged in recent decades as an important framing concept for a wide variety of environmental movements and objectives, and has gained considerable currency due to the scope and normative force that its principles contain, whether in legal, political, or philosophical applications. This collection is an invaluable resource for researchers and scholars in this field given that the multiple theories and analyses of environmental justice are likely to remain central to the ongoing development of normative theorizing about the human role in the environment in the foreseeable future.Table of ContentsContents: Introduction. Part I Foundations of Environmental Justice: Race and the Distribution of Risk: Solid waste sites and the black Houston community, Robert D. Bullard; Environmental justice and the sustainable city, Graham Haughton; The environment of justice, David Harvey; Just garbage, Peter S. Wenz; A wilderness environmentalism manifesto: contesting the infinite self-absorption of humans, Kevin Michael DeLuca. Part II New Directions in Environmental Justice: beyond Equitable Risk: Principles of environmental justice, First National People of Color Environmental Leadership Summit; Justice, democracy, and hazardous siting, Christian Hunold and Iris Marion Young; Distributive justice, participative justice, and the principle of prima facie political equality, Kristen Shrader-Frechette; Reconceiving environmental justice: global movements and political theories, David Schlosberg; Women and toxic waste protests: race, class and gender as resources of resistance, Celene Krauss; Social justice and environmental goods, David Miller. Part III International and Intergenerational Environmental Justice: Global environmental justice, Dale Jamieson; Global environment and international inequality, Henry Shue; Thick cosmopolitanism, Andrew Dobson; Allocating ecological space, Steve Vanderheiden; Environmental justice and economic degrowth: an alliance between two movements, Joan Martínez-Alier; Sustainability and intergenerational justice, Brian Barry. Part IV Applied Environmental Justice: Resources, Climate and Food: Global justice and the distribution of natural resources, Tim Hayward; Cosmopolitan justice, responsibility, and global climate change, Simon Caney; Global inequality and climate change, J. Timmons Roberts; The hijacking of the global food supply, Vandana Shiva. Name index.

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Book SynopsisThe legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a criTable of ContentsContents: Introduction. Part I Historical and Philosophical Origins: The history of restorative justice, Elmar G.M. Weitekamp; A restorative lens, Howard Zehr; Setting standards for restorative justice, John Braithwaite; Connecting philosophy and practice, John Braithwaite and Heather Strang; Epilogue: reconstructing restorative justice philosophy, Theo Gavrielides and Vasso Artinopoulou. Part II Equality Matters: Restorative justice and international human rights, Daniel W. Van Ness; Resisting co-optation: three feminist challenges to antiviolence work, James Ptacek; Responding to hate crimes through restorative justice dialogue, Robert B. Coates, Mark S. Umbreit and Betty Vos; Bringing race relations into the restorative justice debate: an alternative and personalized vision of 'the other', Theo Gavrielides. Part III Empirical Testing: Achievements and difficulties, T. Marshall and S. Merry; Towards a framework for conceptualising and evaluating models of criminal justice from a victim's perspective, James Dignan and Michael Cavadino; The ambivalences of restorative justice: some reflections on an Italian prison project, Odillo Vidoni Guidoni; Restoration or renovation? Evaluating restorative justice outcomes, Jaimie P. Beven, Guy Hall, Irene Froyland, Brian Steels and Dorothy Goulding; A third voice: a review of empirical research on the psychological outcomes of restorative justice, Barton Poulson. Part IV Critiques and Pushing the Barriers: Compulsory compassion: justice, fellow-feeling, and the restorative encounter, Annalise Acorn; Victims of restorative governmentalities, George Pavlich; Reflections on family violence and restorative justice: addressing the critique, Anne Hayden; Restorative justice and the retributive legal context, Elizabeth E. Elliott; Restorative pain: a new vision of punishment, Theo Gavrielides. Name Index.

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Book SynopsisThis book investigates work of the NGO Tostan as a working model of human development. The study is grounded in the ethnographic study of the actual change that happened in one West African village.

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Book SynopsisThis book investigates work of the NGO Tostan as a working model of human development. The study is grounded in the ethnographic study of the actual change that happened in one West African village.

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Book SynopsisThis monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a ‘disconnect’ between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.Trade ReviewFrom the Foreword: Jason Haynes has approached this difficult topic with a balance of academic rigour and humanity. In addition to providing an invaluable source of information and data, he presents challenging arguments compelling everyone, especially politicians, lawyers, judges and academics to look again at the way in which we tackle these complex problems. -- Hon Mrs Justice Maura McGowan QC, DBE, High Court Judge, LondonFrom the Foreword: This book is an essential and fundamental guide to any person or organisation that is interested or concerned about human trafficking... This book is stimulating and thought-provoking and empowers those who read it to revisit the laws, practices and protocols within their countries, and to employ their best efforts to ensure that firstly human trafficking is eradicated; secondly, that victims of human trafficking, in particular, children are protected; thirdly, that adequate safeguards are put in place; and, just as importantly, there is continued informative discussion and debate about the issue. -- Hon Mr Justice Shiraz Aziz, Supreme Court Judge, Turks and Caicos IslandsTable of Contents1. Introduction I. Overview II. Locating the ‘Commonwealth Caribbean’ III. Situational Overview IV. Further Afield V. Summary VI. Structure of the Monograph 2. Theoretical Perspectives on Human Trafficking Introduction I. Economic Theory II. Criminology Theories III. Feminist Theories IV. Brief Reflections V. Analytic Eclecticism VI. Methodology Conclusion 3. International Dimensions of Anti-Trafficking Law and Practice Introduction I. The Criminal Justice Approach II. The Human Rights Approach Conclusion 4. The European Approach to Human Trafficking Introduction I. Situational Overview II. Legal Frameworks III. Political and Institutional Commitment IV. Public Awareness, Stakeholder Collaboration and Capacity Building V. Criminalisation and Sanctioning VI. Investigation, Victim Identification and Referral VII. A Victim-Centred Approach VIII. Protection of Trafficked Victims IX. Material, Medical and Psychological Assistance and Accommodation X. Protection and Support for Child Victims XI. Regularisation of Immigration Status, Repatriation and Reintegration XII. Compensation XIII. Hegemonic Assumptions Conclusion 5. Anti-Trafficking Law and Practice in England and Wales Introduction I. Criminalising Trafficking in Persons II. Investigating Trafficking in Persons III. Identifying and Referring Victims of Trafficking IV. Discretionary Leave to Remain V. Support and Assistance of Trafficked Victims VI. Child Victims of Trafficking VII. Criminal Proceedings VIII. Compensating Victims of Trafficking for Harm Suffered IX. The Non-Punishment of Victims of Trafficking X. Institutional Commitment XI. Confiscation/Forfeiture of Assets XII. Prevention and Risk Orders XIII. Transparency in Supply Chains Conclusion 6. Normative Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Domestic Legal Framework II. Normative Considerations Conclusion 7. Institutional Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Human Trafficking on the National/Regional Agenda II. Capacity Building III. Stakeholder Collaboration IV. Victim Identification and Referral V. Court Proceedings Conclusion 8. Individual Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Primacy of Victims’ Rights II. Meeting the Basic Needs of Trafficked Victims III. Medical and Psychological Assistance IV. The Special Position of Child Victims V. Accommodation VI. Privacy and Confidentiality VII. Information, Documentation and Interpretation/Translation VIII. Regularisation of Victims’ Immigration Status IX. Repatriation X. Reintegration Conclusion 9. Conclusion: The Way Forward Introduction I. General Findings II. Reforming Anti-Trafficking Law and Practice III. Summary

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Book SynopsisThis collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights. Taking a three part approach, it explores: procedural concerns, principles and jurisprudence, and interaction with national legal systems. With each contributor bringing their own unique perspective and expertise to key human questions of the day, it makes compelling reading for all human rights specialists, be they in academia or practice.Table of ContentsA. Human Rights and Procedural Law Protecting Human Rights Through Criminal Law: The Revival of the Procedural Obligations Jacopo Roberti di Sarsina / Katharina Braun The European Court of Human Rights and Article 18 – An Indicator for the State of Democracy in Europe? Christiane Schmaltz The Copenhagen Declaration: Wrapping up the Interlaken Reform? Helga Molbak-Steensig B. Fundamental Human Rights Principles Facing New Challenges How many Strikeouts are too many? The ECtHR’s Evolving Approach to Repetitive Cases and the Limits of Efficiency Edith Wagner Protection of Human Rights Defenders and Whistleblowers under Human Rights Law Veronika Bilkova The ECtHR’s Jurisprudence on the Prohibition of Collective Expulsions in Cases of Pushbacks at European Borders: A Critical Perspective Hanaa Hakiki Protecting Democratic Elections Against Online Influence via “Fake News” and Hate Speech – The French Loi Avia and Loi No. 2018–1202, the German Network Enforcement Act and the EU’s Digital Services Act in Light of the Right to Freedom of Expression Dominik Steiger A Culture of Justification or a Culture of Presumption? The Turn to Procedural Review and the Normative Function of Proportionality at the European Court of Human Rights Alain Zysset C. Human Rights and National Legal Orders Judicial and Prosecutorial Independence in Europe: How Politicized Judges and Prosecutors Undermine the Right to a Fair Trial in Eastern Europe and Central Asia Stefanie Lemke The Role and Impact of the European Convention on Human Rights Beyond States Parties: The curious case of the ECHR in Kosovo Beti Hohler and Barbara Sonczyk Extraterritorial Application of Human Rights Law – New Developments with regard to Germany Robert Frau

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Book SynopsisThis book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on ‘crimmigration’.Trade ReviewThe book provides an intelligent and thoughtful analysis of its topic … Both scholars and students would undoubtedly appreciate the clarity of Spalding’s analysis and the cogency of her arguments, which constitute a precious addition to research at the intersection of human rights and criminal law, and not just in the immigration context. -- Ettore Asoni * Border Criminologies *Table of ContentsIntroduction I. Immigrants are being Undercriminalised II. Book Structure 1. The Criminalisation of Immigration in Europe I. The Intertwining of Criminal Law and Immigration Law II. The Use of Criminal Justice Practices in Immigration Control III. The Media Discourse Surrounding Immigration IV. Moving Beyond Criminalisation V. Conclusion 2. The Right to Liberty I. The Use of Immigration Detention II. An Overview of the Right to Liberty III. The Test for Criminal Detention IV. The Test for Immigration Detention V. Any Real Protection against Arbitrariness? VI. Conclusion 3. The Right to Liberty: Criminal Limb I. The Use of Deportation and Administrative Removal II. An Overview of Article 6 III. The Applicability of Article 6 to Immigration Decisions IV. Are Immigration Measures (Sometimes) Criminal Penalties? V. Conclusion 4. The Civil Limb of the Right to a Fair Trial I. Criminalisation and Immigration Decision-Making Procedures II. An Overview of the Civil Limb of the Right to a Fair Trial: Civil Rights and Obligations III. The Applicability of the Civil Limb of Article 6 to Immigration Decisions IV. Inconsistencies and Interpretations V. Conclusion 5. The Prohibition on Torture, Inhuman and Degrading Treatment I. Criminalisation and the Return of Foreign Nationals II. An Overview of the Prohibition on Torture, Inhuman and Degrading Treatment III. Exceptions for Immigrants? IV. Conclusion 6. Moving Beyond Criminalisation: A Two-Tier System I. A Two-Tier System II. How Did the Two-Tier System Come into Being? III. Repercussions of the Two-Tier System: Discrimination IV. Repercussions of the Two-Tier System: The Erosion of Rights V. Conclusion Conclusion I. Moving Forward

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Book SynopsisCritiques the common-law crime of breach of the peace in Scots lawDespite the number of prosecutions, and the appeal court''s attempts to narrow its ambit in recent years, breach of the peace remains ill-defined in Scotland. Describing its development from the mid-19th century to the present day, Pamela Ferguson criticises the breach of the peace on several fronts.Ferguson also considers related statutory offences, such as those created by the Criminal Justice and Licensing (Scotland) Act 2010 and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, and considers how effective these new offences have been at supplanting the common-law crime.

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Book SynopsisGlobal support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together.Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.Trade Reviewit provides a current and thought-provoking text which should prove an invaluable resource for all policymakers, social workers and lawyers working to protect vulnerable children. -- Children & Young People NowThis is a book that seeks to promote ideas from other jurisdictions and cultures, and it is an excellent book for the progressive social worker. It would be fascinating to see the same kind of book with the same kind of chapters from non English speaking countries, such as Europe and the Far East. -- The Association of Child Abuse Lawyers' NewsletterTable of ContentsPreface and acknowledgements. Introduction. Rosemary Sheehan, Monash University, Australia, Helen Rhoades, University of Melbourne, Australia and Nicky Stanley, University of Central Lancashire, UK. Part 1. Children and citizenship. 1. Children's rights: the effective implementation of rights and standards. Deena Haydon, Queen's University, Belfast, UK. 2. Child protection in humanitarian emergencies. Patrick O'Leary, University of Bath, UK and Jason Squire, Terres des hommes Foundation. 3. Children in the shadows: Child trafficking in the UK. Christine Beddoe, ECPAT UK. 4. Child combatants, peace processes: Challenges of inclusion and exclusion. Shelly L. Whitman, Dalhousie University, Canada. 5. Unaccompanied children as illegal immigrants in the United States. Gladis E. Molina, Florence Immigrant and Refugee Rights Project (FIRRP), USA. 6. Protecting the rights of children in custody, Una Convery and Linda Moore, University of Ulster, UK. Part 2. Indigenous and non-national children and vulnerability. 7. The victimisation of indigenous children. Suzanne Oliver, Northern Territory Stipendiary Magistrate, Australia. 8. Non-national children and vulnerability: The child protection context. Goos Cardol, Zuyd University of Applied Sciences, The Netherlands. 9. Mana tamariki, takahi tamariki: Maori child pride, Maori child abuse. Rawiri Taonui, University of Canterbury, New Zealand. 10. Indigenous human rights law and the needs of indigenous children. Terri Libesman, University of Technology, Sydney, Australia. Part 3. Child welfare and family identity. 11. High frequency parental contact for infants in care: whose rights are being served? Cathy Humphreys and Meredith Kiraly, University of Melbourne, Australia. 12. Maternal incest: Challenges for child protection. Jackie Turton, University of Essex, UK. 13. Lost identities: denying children their family identity. James Reid, University of Huddersfield, UK. 14. Should adoption be an option? Greg Kelly and Chaitali Das, Queen's University Belfast, UK. Part 4. Child welfare and legal intervention. 15. Child protection family law: The Australian experience. Lisa Young, Murdoch University, Australia. 16. The police role in identifying and responding to children experiencing domestic violence. Nicky Stanley, Pam Miller, NSPCC, Helen Richardson-Foster, University of Sheffield, UK and Gill Thomson, University of Central Lancashire, UK. 17. Relocation of children in family law disputes. Robert H. George, University of Oxford, UK. 18. Working with separated families. Helen Rhoades. 19. Deciding the best interests of the child: Legal responses to child protection concerns. Rosemary Sheehan. 20. Conclusion. Rosemary Sheehan, Helen Rhoades and Nicky Stanley.

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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 SynopsisThe Universal Declaration of Human Rights at Seventy: A Review of Successes and Challenges celebrates the seventieth anniversary of the Declaration and provides an analysis of how it has contributed to the protection of human rights globally. It also identifies and discusses a number of the challenges to the realisation of rights set out in the instrument. The chapters, authored by academics and practitioners in the field of human rights, provide insights into the drafting of the UDHR, human rights activism, the rights protected by the instrument, as well as the relationship between the Declaration and other human rights protective mechanisms.Table of ContentsIntroduction Chapter 1: The Universal Declaration of Human Rights as Customary International Law, Amina Adanan Chapter 2: Implementing Universal Declaration of Human Rights Standards through the Universal Periodic Review Mechanism, Noelle Higgins Chapter 3: Minority Rights and the Universal Declaration of Human Rights, Jean Molloy Chapter 4: How Universal is the Universal Declaration? Indigenous Peoples as a Challenge to the UDHR, Ger Maguire Chapter 5: The Rights of Workers, Keith D Ewing Chapter 6: Labour Trafficking and the Challenges of Victim Identification in Ireland: Exploring the Legacy of Article 4 UDHR, Muiread Murphy, David Doyle and Clíodhna Murphy Chapter 7: Fundamental Rights and Evolving Technologies: Considering the Universal Declaration of Human Rights at 70, Maria Helen Murphy Chapter 8: Policy Developments in Ireland: Implementing the UN Convention on the Rights of Persons with Disabilities, Siobhan Barron Chapter 9: United Nations Targeted Sanctions and Human Rights: Challenging the Narrative, Deirdre Clancy Chapter 10: The Contemporary Threat to Civil Liberties and Human Rights Activism, Liam Herrick Chapter 11: The ‘Curious Grapevine’: 70 Years of Non-governmental Organisations in the United Nations Human Rights System, Fiona McGaughey

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Book SynopsisGrotius wrote the Remonstrantie around 1615 at the request of the States of Holland, to define the conditions under which Jews were to be admitted to the Dutch Republic. At that time, he was already an internationally recognized legal expert in civic and canonic law. The position taken by Grotius with respect to the admission of the Jews was strongly connected with the religious and political tensions existing in the Dutch Republic of the early 17th century. The Remonstrantie shows how Grotius’s views evolved within the confines of the philosophical and religious concepts of his time. It is an example of tolerance within political limits, analyzed by the author David Kromhout and made accessible through a modern translation.Table of ContentsContributors: Marijke J. Blankman, Piet Hein Donner, Cis van Heertum, David Kromhout, Marianka van Lunteren-Spanjaard, Adri K. Offenberg.

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Book SynopsisThis book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, Strobel draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions. Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.Table of ContentsAbbreviations Table of Treaties, Resolutions and Other Legal Documents Table of Cases 1 Introduction 2 The Status Quo of Organized Crime in International Criminal Law  2.1 Organized Crime   2.1.1 Legal Definition of Organized Crime   2.1.2 Relevant Crimes    2.1.2.1 Drug Trafficking    2.1.2.2 Trafficking in Persons and Subsequent Exploitation    2.1.2.3 Migrant Smuggling    2.1.2.4 Illicit Trade in Arms and Ammunition, Natural Resources, and Cultural Goods    2.1.2.5 Corruption    2.1.2.6 Money Laundering    2.1.2.7 Organized Crime-Related Violence   2.1.3 Types of Organizations    2.1.3.1 Hierarchical Organized Criminal Groups    2.1.3.2 Criminal Networks   2.1.4 Geographic Scope   2.1.5 Impact of Organized Crime  2.2 Organized Crime in Transnational Criminal Law   2.2.1 The Current Role of International Law in Combating Organized Crime   2.2.2 Transnational Criminal Law Conventions    2.2.2.1 The UN Convention against Transnational Organized Crime and the Protocols Thereto    2.2.2.2 International Drug Control Conventions    2.2.2.3 Conventions against Corruption    2.2.2.4 Provisions on Money Laundering and Related Instruments    2.2.2.5 Other Transnational Criminal Law  2.2.3 Other Relevant International Conventions  2.2.4 Regional Criminal Law  2.2.5 The International Enforcement Regime  2.3 Organized Crime in International Criminal Law Stricto Sensu  2.3.1 The Evolution of International Criminal Law Stricto Sensu  2.3.2 The Relevance of International Criminal Law Stricto Sensu to Organized Crime    2.3.2.1 The Telos of International Criminal Law    2.3.2.2 Empirical Interconnection: The Crime–Conflict Nexus  2.3.3 Organized Crime in the History of International Criminal Law Stricto Sensu    2.3.3.1 Organized Crime Offenses in International Criminal Tribunals    2.3.3.2 Organized Crime Offenses and the Making of the Rome Statute  2.4 Assessment 3 Organized Crime under the Rome Statute of the International Criminal Court  3.1 Procedural Requirements for Jurisdiction   3.1.1 Trigger Mechanisms   3.1.2 Preconditions to the Exercise of Jurisdiction   3.1.3 The Principle of Complementarity  3.2 Substantive Law: Jurisdiction Ratione Materiae   3.2.1 The Crime of Genocide    3.2.1.1 Mental Element: The Dolus Specialis of Genocide    3.2.1.2 Material Elements    3.2.1.3 Summary   3.2.2 Crimes against Humanity    3.2.2.1 Contextual Elements    3.2.2.2 Material Elements: Individual Acts    3.2.2.3 Summary   3.2.3 War Crimes    3.2.3.1 Contextual Elements    3.2.3.2 Material Elements    3.2.3.3 Summary  3.3 Substantive Law: Attribution of a Crime   3.3.1 Perpetration   3.3.2 Participation   3.3.3 Superior Responsibility  3.4 Assessment 4 Organized Crime and International Criminal Law De Lege Ferenda  4.1 Potential Developments Within the Current Jurisdictional Framework   4.1.1 Mental Elements    4.1.1.1 Dolus Eventualis    4.1.1.2 The Dolus Specialis Requirement for Pillage   4.1.2 Material Elements: Trafficking in Persons and Enslavement  4.2 Expanded Jurisdiction Ratione Materiae   4.2.1 Criteria for the Introduction of New Offenses   4.2.2 Common Contextual Elements   4.2.3 Potential Offenses and Their Material Elements    4.2.3.1 The Crime of Drug Trafficking    4.2.3.2 Illicit Trade in Arms and Ammunition, Natural Resources, and Cultural Goods    4.2.3.3 The Crime of Migrant Smuggling    4.2.3.4 Corruption    4.2.3.5 Money Laundering   4.2.4 Summary  4.3 An International Tribunal Focused on Organized Crime   4.3.1 Procedural Requirements for Jurisdiction   4.3.2 Jurisdiction Ratione Materiae   4.3.3 Organizational Setup  4.4 Assessment 5 Conclusion References Index

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Book SynopsisExamines the case for the legal recognition of gay rights as basic human rights. This work explores the connections between gay rights and three rights movements - black civil rights, feminism and religious toleration - to determine how these might serve as analogies for the gay rights movement.

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Book SynopsisA unique and timely publication, for advocates, academics, and practitioners, providing invaluable insight into the plight of the disappearedTable of Contents Acknowledgements Artwork Introduction JENNIFER HEATH and ASRAF ZAHEDI Interlude: Index of the Disappeared CHITRA GANESH and MARIAM GHANI 1 ─ Latin America's Contributions to the Development of Institutional Responses to Enforced Disappearances ARIEL E. DULITZKY 2 ─ The Impact of Enforced Disappearance on Women AMRITA KAPUR Interlude: Between Two Rivers SAMA ALSHAIBI 3 ─ Iraq: Enforced Disappearance as a Tool of War DIRK ADRIAENSENS 4 ─ Extraordinary Rendition: A Human Rights Analysis DAVID WEISSBRODT Interlude: Abu Ghraib NANCY MARON 5 ─ Lives in Limbo: Afghanistan’s Epidemic of Disappearances DALAS MAZOORI and STEFAN SCHMITT 6 ─ Vanishing Nation: Enforced Disappearances in Syria SARETA ASHRAPH and NICOLETTE WALDMAN Interlude: Do Not Forget Us: La Tanssana HELEN ZUGHAIB 7 ─ Politics of Silence and Denial: 1988 Enforced Disappearances and Executions in Iran ASHRAF ZAHEDI Interlude: The Eyes YASSI GOLSHANI 8 ─ The Legacy of Wartime Rape in Bosnia and Herzegovina EDINA BEĆIREVIĆ and MAJDA HALIOVIĆ 9 ─ Genocide of the Rohingya AKILA RADHAKEISHNAN and ELENA SARVER Interlude: The Elephant and the Pond of Blood LEANG SECKON 10 ─ The Khmer Rouge Bureaucrats: Counting the Missing JAMES A. TYNER Interlude: Lynch Fragments MELVIN EDWARDS 11 ─ Our Resilient Bodies: The Role of Forensic Science and Medicine in Restoring the Disappeared to History SOREN BLAU Interlude: In Between/Underneath (Entremedio/Por Debajo) JONATHAN HERRERA SOTO 12 ─ Retributive or Restorative Justice: Gacaca Courts’ Contribution to Transitional Justice and Reconciliation in poet-Genocide Rwanda HILMI ZAWATI 13 ─ MIA: Disappearing Political Analysis in Transnational Justice VASUKI NESIAH Interlude: Stolen MORGAN C. PAGE 14 ─ Story as Portal: Healing, Regeneration, and Possibility After Genocide KAYHAN IRANI 15 ─ The Psychology of Bystanders, Perpetrators, and Heroic Helpers ERVIN STAUB About the Contributors Index

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Book SynopsisHighlights the ways in which genocide and enforced disappearances are intertwined - each centering on human rights violations. This book draws on insight and expertise of human rights advocates worldwide and each chapter is informed by in-depth study of a given country.Trade Review“By documenting the impact of victims who have turned activists and formed effective grassroots movements with global impact, Book of the Disappeared provides a roadmap for the reader who wants to become familiar with global movements for justice that had their roots in communities where these atrocities occurred. Any person interested in human rights, international justice, the voice of the silenced, etc. will be interested to read this book.” —Avideh Shashaani, President, Fund for the Future of our ChildrenTable of Contents Acknowledgements Artwork Introduction JENNIFER HEATH and ASRAF ZAHEDI Interlude: Index of the Disappeared CHITRA GANESH and MARIAM GHANI 1 ─ Latin America's Contributions to the Development of Institutional Responses to Enforced Disappearances ARIEL E. DULITZKY 2 ─ The Impact of Enforced Disappearance on Women AMRITA KAPUR Interlude: Between Two Rivers SAMA ALSHAIBI 3 ─ Iraq: Enforced Disappearance as a Tool of War DIRK ADRIAENSENS 4 ─ Extraordinary Rendition: A Human Rights Analysis DAVID WEISSBRODT Interlude: Abu Ghraib NANCY MARON 5 ─ Lives in Limbo: Afghanistan’s Epidemic of Disappearances DALAS MAZOORI and STEFAN SCHMITT 6 ─ Vanishing Nation: Enforced Disappearances in Syria SARETA ASHRAPH and NICOLETTE WALDMAN Interlude: Do Not Forget Us: La Tanssana HELEN ZUGHAIB 7 ─ Politics of Silence and Denial: 1988 Enforced Disappearances and Executions in Iran ASHRAF ZAHEDI Interlude: The Eyes YASSI GOLSHANI 8 ─ The Legacy of Wartime Rape in Bosnia and Herzegovina EDINA BEĆIREVIĆ and MAJDA HALIOVIĆ 9 ─ Genocide of the Rohingya AKILA RADHAKEISHNAN and ELENA SARVER Interlude: The Elephant and the Pond of Blood LEANG SECKON 10 ─ The Khmer Rouge Bureaucrats: Counting the Missing JAMES A. TYNER Interlude: Lynch Fragments MELVIN EDWARDS 11 ─ Our Resilient Bodies: The Role of Forensic Science and Medicine in Restoring the Disappeared to History SOREN BLAU Interlude: In Between/Underneath (Entremedio/Por Debajo) JONATHAN HERRERA SOTO 12 ─ Retributive or Restorative Justice: Gacaca Courts’ Contribution to Transitional Justice and Reconciliation in poet-Genocide Rwanda HILMI ZAWATI 13 ─ MIA: Disappearing Political Analysis in Transnational Justice VASUKI NESIAH Interlude: Stolen MORGAN C. PAGE 14 ─ Story as Portal: Healing, Regeneration, and Possibility After Genocide KAYHAN IRANI 15 ─ The Psychology of Bystanders, Perpetrators, and Heroic Helpers ERVIN STAUB About the Contributors Index

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Book SynopsisPresents the story of post-9/11 America and the nation's descent into the netherworld of prisoner abuse. This book describes events surrounding Guantanamo detainees capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home.Trade Review"Most of this succinct and worrying book is about detention itself, but an intriguing section goes on to look at ex-detainees trying to piece together the semblance of lives after their ordeal." -- Jeremy Harding London Review Of Books

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Book SynopsisTrade Review"With highly recognized contributors, including many with a great deal of practical experience, Human Rights Transformation in Practice merits a wide readership throughout the field of social science research into human rights." * Barbara Oomen, Utrecht University *"Human Rights Transformation in Practice takes on an important topic, which is at the leading edge of the anthropology of law and sociolegal studies: the question of how human rights travel and change. It is an outstanding contribution to the field, subjecting the ideas of vernacularization, translation, and transformation of human rights to close examination and reflection." * Ronald Niezen, McGill University *Table of ContentsPreface —Sally Engle Merry List of Abbreviations Introduction. On Travel, Translation, and Transformation —Tine Destrooper PART I. INITIATIVES BY FORMAL HUMAN RIGHTS NORM-SETTERS Chapter 1. The Escher-Human Rights Escalator: Technologies of the Local —Vasuki Nesiah Chapter 2. Accommodating Local Human Rights Practice at the UN Human Rights Council —Arne Vandenbogaerde Chapter 3. Human Rights-Based Approaches to Development: The Local, Travel, and Transformation —Wouter Vandenhole- PART II. INTERACTIONS BETWEEN SOCIAL MOBILIZATION AND LEGAL CLAIM-MAKING Chapter 4. Lost Through Translation: Political Dialectics of Ecosocial and Collective Rights in Ecuador —Johannes M. Waldmüller Chapter 5. Upstreaming or Streamlining? Translating Social Movement Agendas into Legal Claims in Nepal and the Dominican Republic —Samuel Martínez Chapter 6. New Visibilities: Challenging Torture and Impunity in Vietnam —Ken MacLean PART III. HUMAN RIGHTS PROGRAMS AND THE PROLIFERATION OF NONCONFRONTATIONAL METHODS Chapter 7. Rural-Urban Migration and Education in China: Unraveling Responses to Injurious Experiences —Ellen Desmet Chapter 8. Localization "Light": The Travel and Transformation of Nonempowering Human Rights Norms —Tine Destrooper Chapter 9. Global Rights, Local Risk: Community Advocacy on Right to Health in China—Sara L. M. Davis and Charmain Mohamed Afterword. Our Vernacular Futures —Mark Goodale List of Contributors Index Acknowledgments

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Book SynopsisTrade Review"Johannes Morsink has written a very useful book for scholars, researchers, and students. He presents short histories of the drafting of each Article of the Universal Declaration of Human Rights, drawn almost exclusively from extensive primary research. The reader has the chance to see how the framers debated various proposals and how they compromised on final wording." * Human Rights Review *Table of ContentsContents Preface A Note on Sources Preamble Operative Paragraph: Statement of Purpose Article 1. Born Free and Equal Article 2a. Nondiscrimination Article 2b. Colonialism and Systemic Racism Article 3. Life, Liberty, and Security of Person Article 4. Freedom from Slavery Article 5. Torture and Relativism Article 6. Person Before the Law Article 7. Equality Before the Law Article 8. Having Fundamental Rights Article 9. No Arbitrary Arrest Article 10. Fair Public Hearing Article 11. Innocence and Nuremberg Article 12. The Right to Privacy Article 13. Freedom of Movement and COVID-19 Article 14. The Right to Asylum Article 15. The Right to a Nationality and Statelessness Article 16. Marriage and the Family Article 17. Property and Essential Needs Article 18. Freedom of Thought, Conscience, and Religion Article 19. Information, Opinion, and Expression Article 20. Freedom of Assembly and Association Article 21. The Right to Participation in Government Article 22. Social (Security) Justice Article 23. The Right to Work Today Article 24. Rights to Rest and Leisure Article 25. Standard of Living and Social Security Article 26. The Right to an Education Article 27. Participation in Culture Article 28. The Right to a (Good) World Order Article 29. Duties as Limitations Article 30. Indestructible and Inherent Acknowledgments

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Book SynopsisThe effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit.Trade Review‘This book will be an important resource for scholars and practitioners alike in the emerging field of business and human rights. Simon Baughen's careful and comprehensive analysis of the US and UK case law on corporate responsibility for human rights abuses is invaluable.’ -- Claire Methven O'Brien, The Danish Institute for Human Rights‘It is extremely satisfying to read such a professionally crafted piece of legal analysis.’ -- Alice De Jonge, Monash UniversityTable of ContentsContents: 1. Corporations and International Law 2. Suing in the US (1): Jurisdiction 3. Suing in the US (2): The Alien Tort Statute 1789 and Statutory Causes of Action 4. The ‘Law of Nations’ as a Cause of Action in the US 5. Tort Claims Against Transnational Corporations in the US 6. Tort Claims Against Transnational Corporations in the UK 7. Customary International Law as a Cause of Action Outside the US 8. Voluntary Codes and the UN Guiding Principles Conclusion Index

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Book SynopsisThis detailed book explores the relationship between intellectual property, competition and human rights.Trade Review‘. . . A great resource for courts at all levels, businesses and activists that hopefully by reading it will realize how implementing the Human Rights Emphasis could help courts, nations, and IP owners. -- Roxanne A. Stokes, Journal of High Technology Law‘. . . a book which ought to be taken seriously by practitioners as well as academics. . . Brown’s contribution is timely and important.’ -- Christopher Stothers, European Competition Law Review‘Abbe Brown’s new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.’ -- Steven Anderman, University of Essex, UK and University of Stockholm, Sweden‘Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.’ -- Carlos M. Correa, University of Buenos Aires, Argentina‘Intellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!’ -- Paul Torremans, University of Nottingham, UK‘Abbe Brown’s study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionately strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. Brown’s study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.’ -- F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The NetherlandsTable of ContentsContents: Foreword by Charlotte Waelde 1. ‘The Essence of Intellectual Property Rights is the Right to Exclude’ 2. Problem and Solution? Some Introductions 3. Existing Links and Opportunities: Human Rights, Competition and Essential Technologies 4. An Existing Solution? The Judicial and Regulatory Interface between the Three Fields 5. Using Human Rights 6. Market Definition and Abuse: New Arguments for Access 7. Wider Perspectives 8. Conclusions Index

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Book SynopsisTable of ContentsContents: Preface 1. Discrimination against women: doctrine, practice, and the path forward 2. Gender-based violence as a form of discrimination 3. Intersectionality and the interconnectedness of discrimination: the case of indigenous women 4. Sexual orientation and gender identity 5. Women and times of emergency: the case of COVID-19 6. Due diligence in the contemporary world: the era of MeToo, non-state actors, and social protest 7. The challenging road to equality and the pursuit of non-discrimination 8. Sexual and reproductive rights: a gender equality and international law approach 9. Economic, social, and cultural rights of women 10. Women, the environment, and climate change 11. Women and the regional human rights protection systems 12. Women, culture, and religion 13. The human rights of women in the digital world Index

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Book Synopsis

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Book SynopsisTrade Review‘Discrimination is both a root cause and a frequent consequence of armed conflict, and Dvaladze expertly examines the concepts and applicability of equality and non-discrimination protections in armed conflict from the lens of IHL and international human rights law. This book is a must-read for every IHL practitioner as it centralizes the protections of vulnerable populations at the heart of armed conflict!’ -- Christie J. Edwards, Head of Policy, Programmes and Legal, Geneva Call, Switzerland‘International humanitarian law (IHL) consists of plenty of distinctions. Many therefore thought that its prohibition of “adverse distinction” has a very different meaning than the human rights principle of non-discrimination. George Dvaladze proves to us that this is wrong and shows in detail when certain conduct in armed conflict, including in the conduct of hostilities, is actually discriminatory.’ -- Marco Sassòli, University of Geneva, SwitzerlandTable of ContentsContents: Introduction PART I GENERAL OVERVIEW OF IHL AND HUMAN RIGHTS GUARANTEES ON EQUALITY AND NON-DISCRIMINATION AND THEIR INTERPLAY 1 Overview of IHL guarantees on equality and non-discrimination 2 Overview of human rights guarantees on equality and non-discrimination and their applicability in armed conflict 3 Equality, adverse distinction and discrimination under IHL and human rights law PART II EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS 4 Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5 Adverse distinction in the conduct of hostilities General conclusion Bibliography Index

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Book SynopsisTrade Review‘The chapters in this Handbook present a comprehensive and sophisticated analysis of the wide-ranging initiatives of non-state actors to improve the human rights performance of global firms. An impressive and informative collaborative effort by two dozen distinguished scholars that tells us both what we now know and what we still need to learn about this important subject.’ -- David Vogel, University of California, Berkeley, US‘A remarkable work with an impressive line-up of experts from different fields which provides an in-depth analysis of a wide range of issues pertaining to the field of business and human rights. A must read for anyone interested or working in the field!’ -- Claire Bright, NOVA School of Law, PortugalTable of ContentsContents: 1 Global governance of business and human rights: introduction 1 Axel Marx, Kari Otteburn, Diana Lica, Geert van Calster and Jan Wouters 2 The United Nations Draft Treaty on Business and Human Rights: an analysis of its emergence, development and potential 21 Radu Mares 3 Business and human rights and regional systems of human rights protection: applying a governance lens 44 Claire Methven O’Brien 4 The United Nations Guiding Principles on Business and Human Rights: what contribution are the National Action Plans making? 75 Carmen Márquez Carrasco 5 Transparency and human rights in global supply chains: from corporate-led disclosure to a right to know 99 Olga Martin-Ortega 6 Human rights due diligence instruments: evaluating the current legislative landscape 120 Robert McCorquodale 7 Public procurement as an instrument to pursue human rights protection 142 Sope Williams-Elegbe 8 Voluntary standards for business and human rights: reviewing and categorizing the field 161 Andreas Rasche 9 The efficacy of voluntary standards, sustainability certifications, and ethical labels 176 Elizabeth A. Bennett 10 No ISO fix for human rights: a critical perspective on ISO 26000 guidance on social responsibility 204 Stéphanie Bijlmakers 11 Seeking remedies for corporate human rights abuses: what is the contribution of OECD National Contact Points? 228 Kari Otteburn and Axel Marx 12 Business and human rights: what role for National Human Rights Institutions? 253 Linda C. Reif 13 The role of Human Rights Ombudsman Institutions in business and human rights 273 Jernej Letnar Černič 14 Regulating human rights in the textile sector: smoke and mirrors 290 Justine Nolan 15 The electronics industry: governance of business and human rights against a background of complexity 311 Peter Pawlicki 16 Biotechnologies and concentration in the agro-biochemical-technological market: risks and challenges for human rights 333 Ana Luiza da Gama e Souza 17 Human rights and the global construction sector: deconstructing the challenges faced by low-wage workers 357 David Segall 18 Ensuring financial sector compliance with human rights: from the UNGPs to complicity 379 Marta Bordignon Index

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Book SynopsisThis timely book evaluates the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, otherwise called the Istanbul Convention, as part of ongoing debates on gender equality and human rights treaties compliance in Europe.

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