Public international law: human rights Books

Book SynopsisIn Religion and belief in United Kingdom employment law, Frank Cranmer discusses the relationships between religion and employment in the wider context. It is a particularly complex area of law that touches on a wide variety of issues, ranging from the basic question, ‘exactly what constitutes a “religion” or “belief”?’ to ‘what kinds of religious dress do my employees have a right to wear to work?’ and ‘what religious standards – if any – can I, as an employer, demand of my employees?’. The purpose of the study is to provide an overview of some of the current issues and problems surrounding the law relating to employment by religious organisations and the manifestation of religion in the workplace. Because the complexity of the law means that individual outcomes in disputed cases are often depend heavily on the facts, it does so primarily by examining recent case-law.

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Book SynopsisIn Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.Table of ContentsAcknowledgements List of Tables List of Abbreviations Introduction Part 1: Background and Framework for Understanding Statelessness and the 1954 Convention 1 The Scope of the Book 2 The Problem of Statelessness and the International Response 3 Protecting Stateless Persons: Strengths and Weaknesses of the 1954 Convention Part 2: National Implementation of the 1954 Convention Compared 4 Building a Cross-National Comparison of Incorporation of the 1954 Convention in National Legal Systems 5 Procedures to Determine Statelessness in States under Category One 6 General Standards to Determine Statelessness in States under Category Two 7 Procedures and Practice in States with No Provisions to Identify Stateless Persons – States under Category Three 8 The Implementation of the Definition of ‘Stateless Person’ 9 Grant of Status and Rights Part 3: Conclusions and Recommendations 10 Summary and Comparative Analysis of the Implementation of the 1954 Convention 11 Beyond the 1954 Convention: Reflections on the Wider Issue of Implementation of Human Rights Treaties 12 Recommendations towards Best Practices Annex: Meaning of the Terms ‘Deportation’, ‘Removal’ and ‘Expulsion’ Table of Cases Table of Legislation United Nations Materials List Of National Informants References Index

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Book SynopsisHuman and Societal Security in the Circumpolar Arctic addresses a comprehensive understanding of security in the Arctic, with a particular focus on one of its sub-regions – the Barents region. The book presents a comparative and interdisciplinary perspective to which the Arctic is placed as referent, and special attention is paid to the viewpoint of local and indigenous communities. Overarching topics of human and societal security are touched upon from various angles and disciplinary approaches, The discussions are framed in the broader context of security studies. The volume specifically addresses the challenges facing the Arctic population which are important to be looked at from human security perspectives.Table of ContentsPreface Notes on Contributors Part 1: Introduction Understanding Human Security as a Tool to Promote Societal Security in the Arctic  Kamrul Hossain, Miguel Roncero and Anna Petrétei Part 2: Overview of Human and Societal Security in the Circumpolar Arctic: Local Actors and Governance Frameworks 1 Policies and Strategies for the Arctic: A Review of the Approaches to Human Security in the Arctic  Jose Miguel Roncero 2 The Interplay of the Human Security and Sustainable Development Concepts: The Case of Russia’s Arctic Industrial Centers  Alexander Sergunin 3 Human Security, Risk and Sustainability in the Swedish Policy for the Arctic  Sara Nyhlén, Katarina Giritli Nygren, Anna Olofsson and Johanna Bergström 4 Colonialism, Statehood, and Sámi in Norden and the Norwegian High North  Wilfrid Greaves 5 Outer Space and Indigenous Security: Sweden’s ESRANGE Launch Site and the Human Security of the Sami  Michael Sheehan Part 3: Arctic Societies: Local Implications of Global Developments 6 The Value of the Barents Region: More than a Resource Provider  Corinna Casi 7 Whether and How Social Work Could Address the Long-term Socio-environmental Risks Caused by the Mining Industry in Northern Finland  Satu Ranta-Tyrkkö 8 Achieving Human and Societal Security in Oil Producing Regions: A Komi-Izhma Community Perspective from Pripechor’e, Russia  Julia Loginova 9 The Role of Hydrocarbon Development in Arctic Governance: A Suitable Approach for Human Development in the Region?  Gerald Zojer 10 Arctic Society and Societal Security: A Reference to Extractive Developments in Northern Fennoscandia  Kamrul Hossain, Anna Petrétei 11 Indigenous Rights and Livelihoods as Concerns in the Decision-Making on Extractive Industries in Finland  Stefan Kirchner Part 4: Identity, Culture, Business and Community Values 12 Innocence Challenged: Perceptions and Constructions of Human Security in Scandinavian Literature on the Arctic  Helene Peterbauer and José Miguel Roncero Martín 13 Digital Storytelling: A Bottom-Up Approach to Gender & Human Security in the Barents Region?  Tahnee Lisa Prior 14 Cultural Identity in Families with “The Finnish Origin,” Living in a Russian Speaking Environment (According to Material of Murmansk Region)  Elena Busyreva 15 Favorite and Least Favorite Places of the Northern Border Cities (As Exemplified in the Drawings of Schoolchildren of Nikel and Kirkenes)  Tatiana Zhigaltsova Part 5: Conclusion The Arctic – A Region in Motion  Kamrul Hossain, Miguel Roncero and Anna Petrétei Index

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Book SynopsisThis book provides a detailed examination of how norms concerning human rights, civilian protection and prevention of mass atrocities have fared in the regions of Southeast Asia and Africa. Originated as a spin off of the journal GR2P (vol. 8/2-3, 2016), it has been enriched with new chapters and revised contents, which contrast the different experiences of those regions and investigates the expression of human protection norms in regional organisations and thematic policy agendas as well as the role of civil society mechanisms/processes. Hunt and Morada have brought together scholar-practitioners from across the world.The collection identifies a range of insights that provide rich opportunities for south-south exchange and mutual learning when it comes to promoting and building capacity for human protection at the regional level.Table of ContentsAcknowledgements Notes on Contributors Introduction: Regionalism and Human Protection: Reflections from Southeast Asia and Africa  Charles T. Hunt and Noel M. Morada Southeast Asian Regionalism, Norm Promotion and Capacity Building for Human Protection: An Overview  Noel M. Morada ASEAN Human Rights Regime and Mainstreaming the Responsibility to Protect: Challenges and Prospects  Sriprapha Petcharamesree Building the Women, Peace and Security Agenda in the ASEAN through Multi-Focal Norm Entrepreneurship  Ma. Lourdes Veneracion-Rallonza Bridging the Protection Gap: Rethinking the ‘three pillars’ to Eliminate Sexual and Gender-Based Violence in ASEAN  Maria Tanyag ASEAN and Human Protection in Myanmar: From Non-Interference to Non-Indifference?  Noel M. Morada Atrocity Prevention: From Promise to Practice in the Asia Pacific  Alex J. Bellamy Human Protection in Africa’s Regional Arrangements: Regional Perspectives and Institutional Expressions  Charles T. Hunt The African Union as a Norm Entrepreneur: The Limits of Human Protection and Mass Atrocities Prevention  Tim Murithi The Role of CSOs in Promoting Human Rights Protection, Mass Atrocities Prevention, and Civilian Protection in Armed Conflicts  Chukwuemeka B. Eze A Regional Responsibility to Protect? Towards ‘Enhancing Regional Action’ in Africa  Obinna Franklin Ifediora Regionalizing Protection: AU and ASEAN Responses to Mass Atrocity Crimes against Internally Displaced Persons  Phil Orchard Conclusion: Learning Lessons across and between Regions: Norm Promotion and Capacity Building for Human Protection  Charles T. Hunt and Noel M. Morada Bibliography Index

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Book SynopsisThe adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific article-by-article analysis and reflection of the negotiation history and evolution over time of each one of the rights enshrined therein.Table of ContentsForeword Völker Turk, UN High Commissioner for Human Rights Acknowledgments Notes on Contributors The 75th Anniversary of the Universal Declaration of Human Rights   Humberto Cantú Rivera 1  Dignity and Equality   Francisco J. Rivera Juaristi 2 Non-discrimination   Aderomola Adeola 3 The Right to Life, Liberty and Security   Danielle Anne Pamplona 4 The Prohibition of Slavery   Daria Davitti 5 The Prohibition of Torture   Etienne Henry 6 Recognition before the Law   Alonso E. Illueca 7 Equality before the Law and Equal Protection of the Law   Dorothy Estrada-Tanck 8 The Right to an Effective Remedy   Humberto Cantú Rivera 9 The Prohibition of Arbitrary Detention   José Antonio Guevara Bermúdez 10 The Right to a Fair Trial   Dinah Shelton 11 The Principle of Legality   Andrew Novak 12 The Rights to Privacy and Family Life   Audrey Lebret 13 Freedom of Movement and the Right of Residence   Karlos A. Castilla Juárez 14 The Right to Asylum   Javier Tous 15 The Right to a Nationality   Leonardo S. C. Castilho 16 The Right to Marry and to Found a Family   Ana Cláudia Ruy Cardia Atchabahian 17 The Right to Property   Carolina Olarte-Bácares 18 Freedom of Thought, Conscience and Religion   Pablo Contreras and Belén Saavedra 19 Freedom of Opinion and Expression   David Kaye and Azin Tadjdini 20 The Right to Freedom of Peaceful Assembly and Association   Alejandra Ancheita and Michael Rolla Negrete Cárdenas 21 Political Rights   Anna Glazewski 22 The Right to Social Security   Magdalena Sepúlveda Carmona 23 The Right to Work   Larry Catá Backer 24 The Right to Just and Favourable Conditions of Work   Nicolas Bueno 25 The Right to an Adequate Standard of Living The Right to Housing   Jessie Hohmann 25.1 The Right to an Adequate Standard of Living The Right to Food   Ana María Suárez Franco 25.2 The Right to Social Security   Virginia Bras Gomes 26 The Right to Education   Daniel Iglesias Márquez 27 Cultural Rights   Daniel Cerqueira 28 The Right to a Social and International Order   Emmanuel Decaux 29.1 Duties to the Community   Laurent Trigeaud 29.2 Limitations in the Exercise of Rights   Alfredo Crosato Neumann 30 The Non-abuse Clause   Nicolás Carrillo-Santarelli Index

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Book SynopsisTom Lantos was a Hungarian-born U.S. Congressman remembered for raising awareness and respect for human rights around the world. He was elected to the United States House of Representatives in 1980 becoming the only Holocaust survivor ever to serve in the Congress. In 1983 he co-founded and chaired the Congressional Human Rights Caucus renamed in his honour as the Tom Lantos Human Rights Commission. With articles authored by leading academics this Festschrift remembers Tom Lantos’s extensive human rights activism on the human rights themes he was passionately involved with around the world. The essays offer new insights on a range of topical human rights issues, such as human rights education, religious freedom, post-conflict justice, minority rights and identity politics.Table of ContentsTribute  Joe Biden Preface  Katrina Lantos Swett Foreword  Anna-Mária Bíró Notes on Contributors 1 The Human Rights Legacy of Congressman Tom Lantos  Robert R. King  Photo Section 2 Religious Freedom in Iran and the Middle East: The Case of the Baháʾís in Selected Countries  Geoffrey Cameron and Nazila Ghanea 3 Friends in High Places? The Externalisation of Hungarian Minority Rights Claims  Myra A. Waterbury 4 Dealing with the Past in the Post-Yugoslav Space: Truth, Memory and Identity after Atrocity  Edin Hodžić 5 Human Rights Education and Training: Global Standards and Efforts Underway in China  Gudmundur Alfredsson and Zhang Wei 6 Minority Rights in Myanmar: Negotiating Identity Politics and Human Rights  Andrew Fagan 7 Sudan: A Country of Many Identities Subdued to One  Rania El Rajji 8 Contemporary Forms of the Oldest Hatred: Modern Antisemitism in the Visegrád Countries  Ildikó Barna, Anikó Félix, Grigorij Mesežnikov, Rafal Pankowski and Veronika Šternová

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Book SynopsisThis volume contains a selection of the edited and in some cases translated papers presented at the first South-South Human Rights Forum held in Beijing. The conference was jointly sponsored by the State Council Information Office and the Chinese Ministry of Foreign Affairs. The event drew hundreds of participants, mainly scholars and government officials from developing countries and international organizations. Its main theme was “Building a Human Community with a Shared Future”, which built on a proposal launched by President Xi Jinping. The papers are mostly short and often policy-oriented, offering a unique insight into the thinking and planning associated with this South-South exchange and thus a wealth of information of interest to scholars. The topics covered emerge primarily from development-related issues, such as the rights to food, education, health and poverty reduction. Though much of the volume thus focuses on economic and social rights and the right to development, civil and political rights are also discussed in the context of the need for legal guarantees for the exercise of human rights and judicial protection of rights.Table of ContentsPreface  Gudmundur Alfredsson & Zhang Wei List of Figures Notes on Contributors 1 South-South Human Rights Cooperation Has a Common Basis and Common Need   LI Junru 2 South-South Inclusive Development and Realization of Human Rights   María Soledad Pérez Tello 3 Chinese Proposal for Construction of New Mode of Global Governance in the New Era   FU Zitang 4 Towards a New Southern Approach of Human Rights   Lionel Vairon 5 The Contribution of South-South Cooperation to the Development of Global Human Rights   CHANG Jian and YIN Haozhe 6 How Will China Promote Development of Global Human Rights Agenda in South-South Cooperation?   ZHANG Wei 7 Inclusive Development and Realization of South-South Human Rights   Bruna Mara Liso Gagliardi 8 Cooperation between China and South-South Countries  Opening a New Chapter for World Human Rights Development   ZHANG Guobin 9 Promote Global Human Rights Governance for a Human Community with a Shared Future   XIAO Junyong 10 China’s Contribution and Practice in Terms of Concept-Building in South-South Human Rights Governance  From the Perspective of Global Human Rights Governance   Zhao Shukun and Mao Kui 11 Building a Human Community with a Shared Future to Drive New Progress in the Global Governance of Human Rights   CHEN Youwu 12 Building a Human Community with a Shared Future  New Thinking on Advancing Global Human Rights Governance   ZHANG Xiaoling and ZHAO Mingxia 13 The United Nations Charter and a Human Community with a Shared Future   ZHANG Guihong 14 A Human Community with a Shared Future in Global Governance Modernization  China’s Theoretical Expression and Practice   QIAN Jinyu 15 The Significance of China and South-South Cooperation for the Development of Global Human Rights Undertakings   Yonette Decina Cummings-Edward 16 Building a Human Community with a Shared Future and Promoting Global Human Rights Governance   Mikhail Alexandrovich Lebedev 17 Building a Human Community with a Shared Future by Adopting a Comprehensive Southern Vision on Human Rights   Tom Zwart 18 Construction of South-South Cooperative Community and South-South Cooperation in Global Human Rights Governance   LIU Ming 19 An Initial Discussion on Building a Human Community with a Shared Future and the Right to Peace   DU Xuewen 20 Legal Guarantee of Chinese Women’s Right to Health   XIA Yinlan 21 The Belt and Road Initiative and the Realization of the Right to Development   LI Yunlong 22 A New Platform for Human Rights Development under South-South Cooperation  The Belt and Road Disability Cooperation   ZHANG Wanhong 23 Realizing the Right to Development Through South-South Cooperation  Sharing the Chinese Experience with the World   WANG Xigen 24 Peace Studies and Global Human Rights Governance   LIU Cheng and LUO Qingyun 25 Opportunities and Challenges Brought by the Belt and Road Construction to the Development of South-South Human Rights   CHEN Bateer and LI Shuanglong 26 Increase Judicial Cooperation among Countries under South-South Cooperation and Boost the Development of Global Human Rights   LI Xiao 27 Strengthen South-South Cooperation on Safeguarding the Rights of Children and Lay a Solid Foundation for Building a Human Community with a Shared Future   TONG Lihua 28 Expand the Coverage of Social Security and Protect Citizens’ Social Security Rights and Interests—China’s Practice and Experience in Maintaining Social Security Rights and Interests of Citizens   FEI Ping 29 On China’s Aid to Africa and Human Right Protection in Africa   GAO Xinman 30 Poverty Reduction and Development in Chinese Ethnic Minority Regions  A Case Study of Targeted Poverty Alleviation in Xiangxi Tujia and Miao Autonomous Prefecture, Hunan Province   ZHANG Qing’an 31 Mongolia-China Economic Cooperation and Green Development   Nasanbat Tumur 32 Implement the Strategy of Healthy China for the Right to Health of People   HAN Dayuan 33 Further Policies and Measures for the Promotion of Growth and Development of Women in Science and Technology   ZHANG Liqin 34 China and South-South Cooperation – Important Role in Promoting Human Rights Development in the World a Perspective from Malaysia   Peter Thiam Chai CHANG 35 The Right to Development in Chinese Practice  Poverty Alleviation and Relief in China   CHENG Yanjun and LI Pai 36 New Economic World Order Outlining a Framework to a Shared Future for Sustainable Development   Yubaraj Sangroula 37 South-South Cooperation and Realization of the Right to Development  Challenges and Opportunities   Mohammad Reza Ghaebi 38 The Realization of South-South Development Rights  Examples of Poverty Alleviation, Health, Education and Job Creation   Bamazi Kossi Tchaa 39 Realization of South-South Right to Development – Poverty Alleviation, Health, Education and Employment as Examples   Limpho Masilo-Motsamai 40 The Realization of South-South Development Rights  A Case Study of Kenya   Claries Gatwiri Kariuki 41 Human Rights as a Principle, Means and End of Peace Building in Colombia   Mateo Gómezvásquez Index

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Book SynopsisAdvocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.Table of ContentsAcknowledgements List of Abbreviations Notes on Contributors 1 Introduction: Exploring the Relationship between Hard and Soft International Law and Social Change  Daniel D. Bradlow and David B. Hunter 2 The Softening of Hard Law and the Hardening of Soft Law: an Extended Synopsis  Upendra Baxi 3 Promoting Social Change through Treaties and Customary International Law: the Experience of the Inter-American Human Rights System  Claudio Grossman 4 Children’s Rights: Social Change through the Application of Hard and Soft International Law  Ann Skelton 5 The International Criminal Court and the Use of Hard Law in the Quest for Accountability for Core International Crimes  Angela Mudukuti 6 The Hard Choices in Promoting Environmental Access Rights  Natalia Gomez Peña and David B. Hunter 7 The Hard Choice for Soft Commitments in the Climate Change Regime  David B. Hunter 8 A Turning Point in a Slow Revolution: the who Framework Convention on Tobacco Control  Patricia Anne Lambert 9 Soft International Law and the Promotion of Financial Regulation and Responsibility  Daniel D. Bradlow 10 Levers for and Obstacles to Social Change: Bank Lending, the Law and the Equator Principles  Sheldon Leader and Luis Felipe Yanes 11 Non-Judicial Grievance Mechanisms: Hardening the Soft Law of Corporate Accountability?  Nikki Reisch 12 Hard and Soft International Law and Their Contribution to Social Change: the Lessons Learned  Daniel D. Bradlow and David B. Hunter Index

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Book SynopsisThis volume in the Brill Research Perspectives in Comparative Discrimination Law addresses intersectionality from the lens of comparative antidiscrimination law. The term ‘intersectionality’ was coined by Kimberlé Williams Crenshaw in 1989. As a field, intersectionality has a longer history, of nearly two hundred years. Meanwhile, comparative antidiscrimination law as a field may be just over a few decades old. Thus, intersectionality’s tryst with antidiscrimination law is a fairly recent one. Developed as a critique of antidiscrimination law, intersectionality has had a significant influence on it. Yet, intersectionality’s logic does not seem to have infiltrated the logic of antidiscrimination law completely. Comparative antidiscrimination law continues to develop with intersectionality in sight, but rarely, in step. On the occasion of the 30th anniversary of Crenshaw’s seminal article that coined the term in the context of antidiscrimination law, Shreya Atrey explores this irony. Her article provides a meta-narrative of the development of the two fields with the purpose of showing what appear to be orthogonal trajectories.Table of ContentsIntersectionality and Comparative Antidiscrimination Law: The Tale of Two Citadels  Shreya Atrey  Abstract  Preface  Part 1: The Tale of Two Citadels  Part 2: Intersectionality  Part 3: Comparative Antidiscrimination Law  Conclusion

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Book SynopsisIn Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home, Pauline Maillet proposes to render visible the mechanisms by which states make their territory disappear to prevent asylum seekers’ arrival. Using legal analysis and ethnography, this book traces how several states have created spaces deemed extra-territorial.Table of ContentsAcknowledgments List of Illustrations List of Abbreviations Introduction Part 1 The Creation and Expansion of Nowhere Countries through the Law or Lack Thereof 1 The Establishment of the International Zone at French Airports as an Abject, Extra-Territorial Space  1 Refugee Policies in Council of Europe Member States in the 1980s and 1990s  2 France in the 1980s: the Rise of Xenophobia and Restrictive Migration Laws in the Midst of Economic Difficulties  3 Long-Term Confinement in the International Zone in Inhumane Conditions  4 Detention in the International Zone in a Legal Limbo Premised on Extra-Territoriality  5 The Coalescence of Activism inside and outside of the International Zone  6 Legal Activism: the Use of the “Legal Fiction” Argument to Challenge the Extra-Territoriality Thesis  7 Factors that Contributed to the Establishment of the International Zone as an Abject Space 2 The Birth of French Waiting Zones or the Manufacturing of an Illiberal Law through Regular Democratic Mechanisms  1 Context of the Marchand Amendment  2 The Marchand Amendment: a Less Protective Provision Premised on Extra-Territoriality  3 Persisting Ambiguity Regarding the Status of the Transit Zone  4 The Government’s Justification for the Amendment: Emphasis on Progress, Security and the Upcoming Litigation’s Danger  5 The Role of the Constitutional Council in the Manufacturing of an Illiberal Law  6 The Law on the Waiting Zone from 1992 to 2016: Successive Extensions of the Definition of the Waiting Zone Following Litigation “Crises” 3 Non-Citizens in French Airports’ Waiting Zones Today: the Endurance of Exclusion through Extra-Territoriality  1 The Case of Amuur v. France (1996): Airports’ International Zones Are not Extra- Territorial Spaces  2 When History Repeats Itself: Evidence of the Endurance of the Initial Phase of Extra- Territoriality  3 The Waiting Zone: the Heir of the International Zone 4 The French Law on the Waiting Zone: the Reinvention of Exclusion through Extra-Territoriality  1 The Law on the Waiting Zone: an Exclusionary Framework Forced upon the Most Vulnerable   1.1 Asylum Seekers   1.2 Accompanied Children in the Waiting Zones   1.3 Unaccompanied Children in the Waiting Zones  2 Ad Hoc Waiting Zones or the Possibility for Border Authorities to Create Zones of Lesser Rights Anywhere  3 The Exportation of the Law on the Waiting Zone to Morocco 5 Excision or the Australian Government’s Attempt to Subvert the Refugee Convention through Extra-Territoriality  1 The Tampa Incident  2 Political Context of the Tampa Incident  3 The 2001 Acts or The Legal Foundation of the Excision Policy  4 Why Australia’s Excision Policy Was Built on Wrong Assumptions  5 “Why Are We Getting Kicked Out from the Rest of Australia?” Australian Citizens’ Perspective on Excision  6 Entering an Excised Space Equals Entering a Legal Space of Lesser Rights  7 Excision or the Pinnacle of Australia’s Long-Standing Policy of Preference for Resettlement over Asylum  8 Contamination of the Regular Refugee Protection Regime by the Excision Regime  9 Extension of the Space of Exclusion   9.1 Extension of the Space of Exclusion to the Non-Citizen’s Self and Descendants   9.2 Extension of the Space of Exclusion to the Entire Mainland Part 1 Findings: Extra-Territorial Exclusion Comes in Two Forms that May Be Combined – the Case of Canada Part 2 Inside Nowhere Countries: Enforcement Practices and Mental Landscapes 6 Airport Terminals: the Border Police’s Realms. The Less Visible Part of cdg’s Waiting Zone  1 Path Followed by Passengers Prior to and upon Placement under the Waiting Zone Regime  2 Hassan’s Understanding of His Location  3 Isolation  4 Arbitrariness and Asymmetrical Power Relations  5 Psychological and Physical Violence  6 Authorities’ Perception of Detainees 7 zapi 3: a Place of Deprivation of Liberty Where Access to Rights Remains Challenging  1 Background Information on zapi 3  2 Euphemistic Discourses: zapi 3 as a “Hotel”  3 A Place of Deprivation of Liberty Where Tension Transpires  4 Limited Visibility and Police Omnipresence  5 Barriers to Accessing Remedies in Case of Mistreatment  6 Barriers to Accessing Legal Aid Part 2 Findings: Nowhere Countries Are Vanishing Points Where Border Control Takes Precedence over Rights Part 3 Nowhere Countries or One Non-Entrée Mechanism amongst Many 8 The Symbiotic Relations between Carrier Sanctions and the Waiting Zone  1 A Brief History of Carrier Sanctions at the International and National Level  2 Carriers’ Responsibility (Part 1): Accommodation and Return  3 Carriers’ Responsibility (Part 2): Fines  4 The Impact of Fines on Companies’ Budgets  5 France within the Landscape of Carrier Sanctions: One Country among Many  6 Governmental Actors’ Perspective on Fines and Asylum Seeking  7 “We Are Not Border Police Auxiliaries!” Trade Unionists’ Resistance to the Carrier Responsibility Framework 9 The Waiting Zone: the Last Gate to Keep Asylum Seekers Away  1 Interpretation and Communication Issues  2 Unsatisfactory Access to Legal Recourses against Refusal to Enter Territory on Asylum Grounds  3 Administrative Court Hearings: When the Judge Embraces the State’s Perspective  4 Refoulement of Asylum Claimants to Countries Where Their Lives or Freedom Are at Risk Conclusions  1 How to Render Nowhere Countries Visible?  2 Why Do States Create Nowhere Countries?  3 How to Conceptualize the Exclusion upon Which Nowhere Countries Are Established?  4 Nowhere Countries’ Purpose: Prevent Asylum Seekers’ Arrival  5 Creating and Operating Nowhere Countries Is Costly from an Economic and Human Standpoint  6 Nowhere Countries are Social Constructs that May be Unmade Appendices Appendix 1 Table of Research Participants: Experts Appendix 2 Table of Research Participants: Individuals Placed under the Waiting Zone Regime Appendix 3 Migration Amendment (Excision from Migration Zone) Act 2001 (Australia) No. 127, 2001 Appendix 4 Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 (Australia) No. 128, 2001 Appendix 5 Border Protection (Validation and Enforcement Powers) Act 2001 (Australia) Appendix 6 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 Appendix 7 ceseda (September 2016) (France) References Index

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Book SynopsisSince the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.Table of Contents  Abbreviations   Introduction Part 1: Criminalising Movement  1 New Experiences in Investigating and Prosecuting Migrant Smuggling: From the Italian Approach to the European Dimension   Simona Ragazzi  2 Criminalising Solidarity? Smugglers, Migrants and Rescuers in the Reform of the ‘Facilitators’ Package’   Chiara Maria Ricci  3 A Human Rights Approach to Extremely Vulnerable People: Challenges and Feasibility in Assessing Smuggled Migrants   Kinga Janik Part 2: (Non-)Access to Protection  4 Balancing the SAR Responsibilities of States and Shipmasters   Richard L Kilpatrick, Jr and Adam Smith  5 Crossing the Mediterranean Sea: EU Migration Policies and Human Rights   Evelien Wauters and Samuel Cogolati  6 Legal Narratives of the EU External Action in the Field of Migration and Asylum: From the EU-Turkey Statement to the Migration Partnership Framework and Beyond   Daniela Vitiello Part 3: A Union of Solidarity?  7 The European Border and Coast Guard in Need of Solidarity: Reflections on the Scope and Limits of Article 80   Herbert Rosenfeldt  8 The Dublin Saga and the Need to Rethink the Criteria for the Allocation of Competence in Asylum Procedures   Marcello Di Filippo  9 Uniformity, Responsibility and Solidarity in the Common European Asylum System (CEAS): A ‘Constitutional’ Solution   Francesco Cherubini Part 4: The Politics and Policies of Coercion  10 The EU Refugee Crisis and the ‘Third-Phase’ Asylum Legislation – The End of the Harmonization Approach or Its Revival?   Giulia Vicini  11 EU and US Border Policy: Externalisation of Migration Control and Violation of the Right to Asylum   Sabrineh Ardalan  12 ‘Recasting’ Detention of Asylum Seekers: Human Rights Law, EU Law and Its Application in Bulgaria   Vladislava Stoyanova  Index

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Book SynopsisOn the occasion of the centenary of the International Labour Organization (ILO), this 11th volume of International Development Policy explores the Organization's capacity for action, its effectiveness and its ability to adapt and innovate. The collection of thirteen articles, written by authors from around the world, covers three broad areas: the ILO’s historic context and contemporary challenges; approaches and results in relation to labour and social protection; and the changes shaping the future of work. The articles highlight the progress and gaps to date, as well as the context and constraints faced by the ILO in its efforts to respond to the new dilemmas and challenges of the fourth industrial revolution, with regard to labour and social protection. Contributors include: Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Zrampieu Sarah Ba, Stefano Bellucci, Thomas Biersteker, Filipe Calvão, Gilles Carbonnier, Nancy Coulson, Antonio Donini, Christophe Gironde, Karl Hanson, Mavis Hermanus, Velibor Jakovleski, Scott Jerbi, Sandrine Kott, Marieke Louis, Elvire Mendo, Eric Otenyo, Agnès Parent-Thirion, Sizwe Phakathi, Paul Stewart, Kaveri Thara, Edward van Daalen, Kees van der Ree, Patricia Vendramin, and Christine Verschuur.Table of ContentsForeword Preface List of Figures and Tables List of Acronyms and Abbreviations Notes on Contributors Introduction 1 The ILO at 100: In Search of Renewed Relevance  Gilles Carbonnier and Christophe Gironde Part 1: The ILO At Work 2 ILO: Social Justice in a Global World? A History in Tension  Sandrine Kott 3 Who Decides? Representation and Decision-making at the International Labour Organization  Marieke Louis 4 The Achievements and Limitations of Statutory and Non-statutory Tripartism in South African Mining  May Hermanus, Sizwe Phakathi, Nancy Coulson and Paul Stewart 5 The ILO’s Role in Global Governance: Limits and Potential  Velibor Jakovleski, Scott Jerbi and Thomas Biersteker Part 2: Protecting People 6 Health Protection in Ghana and Senegal: What is the ILO’s Role?  Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Elvire Mendo and Zrampieu Sarah Ba 7 The ILO’s Shifts in Child Labour Policy: Regulation and Abolition  Edward van Daalen and Karl Hanson 8 From the Centre to the Margins and Back Again: Women in Agriculture at the ILO  Christine Verschuur 9 Social Suffering and Structural Violence: Nepali Workers in Qatar  Antonio Donini Part 3: The Future of Work 10 Digitisation and the Disappearing Job Theory: A Role for the ILO in Africa?  Stefano Bellucci and Eric E. Otenyo 11 Working Futures: The ILO, Automation and Digital Work in India  Filipe Calvão and Kaveri Thara 12 Promoting Green Jobs: Decent Work in the Transition to Low-carbon, Green Economies  Kees van der Ree 13 Redefining Working Conditions in Europe  Patricia Vendramin and Agnès Parent-Thirion Index

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Book SynopsisIn the only analysis of its kind, Dr. Maria-Vittoria “Giugi” Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator’s liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state. Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.Table of ContentsAcknowledgments List of Abbreviations Introduction 1 US Law Trinity: Common Law, Statutory Law, and Contractual Law 2 Utility of the Inquiry  3Structure of the Work 1 The Risks of Commercial Human Spaceflight  1 Market Size and Loss Exposure  2 The Risks of Spaceflight to SFPs and Crewmembers.9  3 Conclusion 2 A Review of Liability Exposure and Ways to Manage It  1 The Existence of Liability (Otherwise Known as the Existence of Legally Attributed Accountability)  2 Parties: Who are the Plaintiffs? Who are the Defendants?  3 Defenses: Affirmative and Otherwise  4 Assumption of the Risk, Whatever That Means  5 Conclusion 3 Federal Legislation and Commercial Space  1 Commercial Space Licensing  2 Maximum Probable Loss  3 Federal Informed Consent  4 Federal Jurisdiction  5 Federal Cross-Waivers  6 What Does “Gross Negligence” Mean?  7 Conclusion 4 Federal Jurisprudence and Commercial Space  1 Understanding the Boundaries of Federal Jurisdiction  2 The Federal Jurisdictional Gap  3 Federal Preemption of State Statutes  4 The Nature of Federal Jurisdiction  5 Federal Contractual Choice-of-Law  6 Conclusion 5 Federal Choice-of-Law for Disputes Outside Federal Jurisdiction  1 Federal Supremacy v. State Sovereignty  2 Federal Law of Torts  3 Federal Choice-of-law Analyses: State v. Federal, State v. State  4 Interpretation of Federal Waivers under Federal Law  5 Conclusion 6 Exculpatory Agreements in Space Friendly States  1 The Complicated World of “Express” Assumption of the Risk  2 Waiver-Enforcement for Claims Brought by Heirs: General Overview  3 Avoiding Claims by Heirs via Statute: Following the Letter of the Law  4 Waiver-Enforcement between the Injured Party and the Operator Directly: a State-by-State Analysis  5 Conclusion 7 Express Assumption of Risk in Non-Space-Friendly States  1 Alaska  2 Arkansas  3 Connecticut  4 Georgia  5 Hawai’i  6 Idaho  7 Illinois  8 Kentucky  9 Michigan  10 Minnesota  11 Mississippi  12 Missouri  13 Nebraska  14 New Jersey  15 New York  16 North Dakota  17 Ohio  18 Oregon  19 Pennsylvania  20 South Carolina  21 Utah  22 Vermont  23 Wyoming  24 Conclusion 8 Statutes Limiting Liability for Space Activities  1 Spaceflight Entity  2 Participants or SFPs  3 Spaceflight Activities  4 The Degree of Culpability Immunized  5 Statutory Requirements of the Space Activities Statutes  6 Conclusion 9 Statutes Limiting Liability in Space Friendly States  1 Arizona  2 California  3 Colorado  4 Florida  5 New Mexico  6 Oklahoma  7 Texas  8 Virginia  9 Conclusion 10 Implied Assumption of Risk in Space Friendly States  1 Defenses in Tort: Contributory Negligence, Assumption of the Risk and Comparative Negligence  2 Assumption of the Risk’s Vexed Jurisprudence  3 State Law’s Continued Relevance  4 Conclusion 11 Medical Malpractice Suits against a Commercial Space Physician and the CHSF Operator by Co-employees and/or SFPS  1 Sources of Liability for CHSF Operators Employing CHSF Physicians  2 The Sources of Duty between the SFP/Crewmembers and CHSF Physicians: a Question of Scope  3 Physicians and CHSF Operators: Why have a Physician at All?  4 Crew and SFPS—Different Roles, Different Statuses  5 SFPs and CHSF Physicians  6 The Physician as an “Agent” of the Commercial Spaceflight Operator  7 Crewmembers and the CHSF Physicians: Co-employee Immunity  8 Conclusion Conclusion  1 The Phases of Spaceflight  2 Navigating the Fragmented Landscape of US Jurisprudence  3 The Federal Framework: From Federal Legislation to Federal Common Law  4 Express Assumption of the Risk: Drafting is Key!  5 Space Activities Statutes: What is Left after the Dust Settles?  6 Muddling Through the Defense of Implied Assumption of the Risk  7 What’s Up Doc? Aerospace Medicine Physicians within the Spaceflight Framework  8 Closing Remarks Bibliography Appendix Index

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Book SynopsisThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D. students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.Table of ContentsContents The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea  Laura Salvadego  Abstract  Keywords  Introduction  Part I. The Naval Operations in the Central Mediterranean: Main Features  Part II. Applicable Law  Part III. The Exercise of Criminal Jurisdiction over Migrant Smugglers and Human Traffickers  Part IV. National Strategies of Coastal States as Regards Migration Control Policy: the Case of Italy  Part V. International Liability for Human Rights Violations Perpetrated in Connection with Counter-Smuggling and Counter-Trafficking Operations  Bibliography

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Book SynopsisIn the book Chinese Policy and Presence in the Arctic, Koivurova and Kopra (editors) offer a comprehensive account of China’s evolving interests, policies and strategies in the Arctic region. Despite its lack of geography north of the Arctic Circle, China’s presence in the High North is expected to grow in the coming years, which, in turn, is likely to speed up globalization in the region. This book brings together experts on China and the Arctic, each chapter contributing to a detailed overview of China’s diplomatic, economic, environmental, scientific and strategic presence in the Arctic and its influence on regional affairs. The book is of interest to students, scholars and those dealing with China’s foreign policy and Arctic affairs.Table of Contents Preface and Acknowledgements  List of Abbreviations  Notes on Contributors 1 Introduction to China’s Arctic Engagement   Sanna Kopra and Timo Koivurova 2 China’s Rise in a Changing World   Marc Lanteigne, Timo Koivurova and Matti Nojonen 3 China’s Arctic Policy   Timo Koivurova, Sanna Kopra, Marc Lanteigne, Matti Nojonen, Malgorzata (Gosia) Smieszek and Adam Stepien 4 China and Arctic Science   Malgorzata Smieszek, Timo Koivurova and Egill Thor Nielsson 5 China, Climate Change and the Arctic Environment   Sanna Kopra, Karoliina Hurri, Liisa Kauppila, Adam Stepien and Yulia Yamineva 6 China’s Economic Presence in the Arctic: Realities, Expectations and Concerns   Adam Stepien, Liisa Kauppila, Sanna Kopra, Juha Käpylä, Marc Lanteigne, Harri Mikkola and Matti Nojonen 7 Chinese-Finnish Economic Relations within the Arctic Context: Hopes and Disappointments   Adam Stepien, Timo Koivurova, Juha Käpylä, Harri Mikkola and Matti Nojonen 8 Conclusion: China’s Policy and Presence in the Arctic   Timo Koivurova, Sanna Kopra, Marc Lanteigne and Adam Stepien  Index

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Book SynopsisThis collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither be accurately described as a citizenship status similar to national citizenship, nor as an immigration one. The book examines the tension at the heart of attempts to grasp the nature of EU citizenship as supranational status in relation to family reunification, social rights and expulsion. It shows that while events such as Brexit stress the importance of EU citizenship, the construction of supranational citizenship along the axis of non-discrimination and equality remains a work in progress that requires the efforts of all actors involved - institutions, implementing authorities, courts and citizens.Table of Contents  About the Authors  1 Introduction Part 1: EU Citizens and Their Family Members  2 Who Wants to Be an EU Citizen?    Elspeth Guild  3 The Fundamental Status of Minor Union Citizens and the Best Interests of the Child    Annette Schrauwen  4 The Court of Justice of the European Union, EU Citizenship and Residence Rights of Third Country National Family Members: An Ongoing Struggle    Chiara Berneri  5 Spanish Experiences with the Mobility of EU/EEA Citizens and Their Family Members: Opening the “Black Box”?    Emiliano García Coso Part 2: The Convoluted Issue of Equality  6 The Judgments of Brey, Dano and Alimanovic: A Case of Derogation or a Need to Solve the Riddle?    Johannes Peyrl  7 Mobile EU Citizens and the “Unreasonable Burden”: How EU Member States Deal with Residence Rights at the Street Level    Anita Heindlmaier  8 Expulsion from the “Heart of Europe”: The Belgian Law and Practice Relating to the Termination of EU Residence Rights    Anthony Valcke  9 EU Citizenship as Precarious Status for Precarious Workers: Implications of National Policies Restricting EU Citizens’ Rights for Young University-Educated EU Migrants in Brussels    Anna Simola  10 “We Should Call Them Our Friends” – Negotiations on Welfare and Social Security Entitlements for Displaced EU Citizens in Sweden    Sara Nyhlén Part 3: EU Citizenship and Restrictive Practices  11 A Contingent Citizenship – Union Citizenship and Expulsion    Stephen Coutts  12 European States Returning European Citizens: France and the Roma Populations    Marie-Laure Basilien-Gainche  13 Reversed Free Movement    Cristina Juverdeanu  14 Abusing or Misusing the Right of Free Movement? The UK’s Policy towards EU Nationals Sleeping Rough    Matthew Evans  15 “A Matter for the Minister”?: Removal and Exclusion Orders in Irish Law    Patricia Brazil Part 4: EU Citizenship beyond Free Movement  16 The Promised Land of Milk and Honey? From EU Citizens to Third-Country Nationals after Brexit    Eglé Dagilyté  17 The Dark Side of Free Movement: When Individual and Social Interests Clash    Iris Goldner Lang and Maroje Lang  18 EU Citizenship and EU Territory: Unsettling the National, Embedding the Supranational    Sandra Mantu   Index

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Book SynopsisReligious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.Table of ContentsReligious Courts in the Jurisprudence of the European Court of Human Rights  Michał Rynkowski  Abstract  Keywords  1 Introduction  2 Religious Courts: Their Structures and Their Legal Standing  3 Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts  4 Relations between Religious Courts and State Courts in Strasbourg Case-Law  5 Conclusions and Outlook  Bibliography

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Book SynopsisIn Equality and Anti-Discrimination: The Road to Equal Rights in China, Professors Liu Xiaonan and Wang Liwan collect experienced scholars in the field of anti-discrimination law to conduct deep discussions on the manifestations, causes, and solutions of discrimination issues in China. Since the reform and opening up in China the market economy and civil society have developed. However, many economic and social discriminations have also emerged and caused widespread social contradictions and legal dilemmas. In this book, equality rights and discrimination issues are investigated in a panoramic way from the perspective of law, and .insightful suggestions are made. The authors believe that anti-discrimination research and actions in the field of Chinese law are carried out simultaneously with political changes and economic development. In this process, experts and scholars, public media, research institutions, and non-governmental organizations play important roles. The awakening of civil rights awareness and the emergence of rights protection actions for vulnerable groups are the sources of anti-discrimination research and actions in the field of law.

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Book SynopsisEuropean citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.Table of ContentsPreface Abbreviations Table of Cases Notes of Contributors 1 European Citizenship under Stress: Introduction   Nathan Cambien, Dimitry Kochenov and Elise Muir PART 1 EU Citizenship: Constitutional Challenges 2 EU Citizenship: Some Systemic Constitutional Implications   Dimitry Kochenov 3 Union Citizenship and Beyond   Hans Ulrich Jessurun d’Oliveira 4 EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits   Katerina Kalaitzaki 5 Free Movement of Dual EU Citizens   David A.J.G. de Groot PART 2 Free Movement and Its Limits 6 The Court, the Legislature and the Co-Construction of a Status of Social Integration   Stephen Coutts 7 Life after the ‘Dano-Trilogy’: Legal Certainty, Choices and Limitations in EU Citizenship Case La   Moritz Jesse and Daniel William Carter 8 EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship between Primary and Secondary Rights in Times of Brexit   Elise Muir 9 Residence Rights for EU Citizens and Their Family Members: Navigating the New Normal   Nathan Cambien 10 Distinguishing between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination   Hester Kroeze 11 The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement?   Piet Van Nuffel and Sofia Afanasjeva PART 3 EU Citizenship beyond Movement 12 The Pernicious Influence of Citizenship Rights on Workers’ Rights in the EU – The Case of Student Finance   Araceli Turmo 13 European Higher Education in the Context of Brexit   Sacha Garben 14 The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union   Sébastien Platon 15 The European Citizens’ Initiative in Times of Brexit   Natassa Athanasiadou PART 4 Supranational Citizenship and the Outside World 16 The “Sale” of Conditional Citizenship: the Cyprus Investment Programme under the Lens of EU Law   Sofya Kudryashova 17 Member State Nationality, EU Citizenship and Associate European Citizenship   A.P. van der Mei 18 From Union Citizen to Third-country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union   Gillian More 19 Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle   Christa Tobler 20 The Free Movement of Persons in the Eurasian Economic Union – between Civis Eurasiaticus and Homo Oeconomicus   Bendikt Pirker and Kirill Entin

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Book SynopsisThe European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.Trade Review“[Peter Kempees’s] analysis of the case-law of the European Court of Human Rights contributes significantly to academic discussion on the scope of application of the European Convention on Human Rights in relation to governmental action of States Parties throughout the world. … All in all, it is a well-documented work.” Lt Col J.J.M. van Hoek LLM, Netherlands Military Law Review "...an important piece of legal scholarship on the law of the European Convention on Human Rights" Linos-Alexandre Sicilianos, President of the European Court of Human Rights (2019-2020).

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Book SynopsisThis authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is intended for researchers studying socio-economic rights in Europe, legal practitioners, civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary offers 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 3, which encompasses Articles 11 to 19, examines critical ESC welfare rights for the general population and specific groups of people against the jurisprudence of the European Committee of Social Rights and other international standards.Table of ContentsForeword Preliminary Remarks and Acknowledgments Abbreviations Table of Cases Notes on Contributors 11 The Right to Protection of Health   Emmanuel Guematcha 12 The Right to Social Security   Lyle Barker 13 The Right to Social and Medical Assistance   Stefano Angeleri 14 The Right to Benefit from Social Welfare Services   Nikolaos A. Papadopoulos 15 The Right of Persons with Disabilities to Independence, Social Integration and Participation in the Life of the Community   Felicia Roșioru 16 The Right of the Family to Social, Legal and Economic Protection   Nilay Arat, Demirhan Burak Çelik, Sedef Koç and Aslı Topukcu 17 The Right of Children and Young Persons to Social, Legal and Economic Protection   Cinzia Peraro 18 The Right to Engage in Gainful Occupation in the Territory of Other Parties   Elisabeth David and Sébastien Van Drooghenbroeck 19 The Right of Migrant Workers and Their Families to Protection and Assistance   Ana Teresa Ribeiro, Milena Rouxinol and Inês Pereira de Sousa Selected Bibliography

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Book SynopsisHuman dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.

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Book SynopsisConflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.

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Book SynopsisIn this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples’ land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined. Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples’ rights closely entwined with the conservation of the Amazonian rainforest.Table of ContentsAcknowledgements German and Spanish Summaries (Zusammenfassung/Resumen) List of Tables and Graphics List of Abbreviations and Acronyms 1 Introduction: Conflicts Because of Lands and Forests – the Challenging Relation between Amazonian Indigenous Peoples and Their Nation States  1.1 Structure of the Book  1.2 Method 2 Setting the Scene  2.1 The Amazonian Region as a Geographical Place  2.2 Amazonian Indigenous Peoples  2.3 Community Forest Management as a Form of Use of Forest Resources 3 Establishing the Legal Standards: Rights of Indigenous Peoples at the International Level  3.1 Development of Indigenous Rights in International Law  3.2 Rights of Indigenous Peoples at the International Level  3.3 Binding Character of International Agreements Referred to Indigenous Peoples (ILO Convention 169, UNDRIP and Biodiversity Convention)  3.4 Conclusions 4 Relationship between the Nation States and Indigenous Peoples  4.1 Historical Appraisal of Citizenship Regimes: Citizens, Non-citizens and People under Guardianship Regime  4.2 Indigenous Peoples in the Current Legal Systems  4.3 Conclusions of the Chapter 5 Rights of Amazonian Indigenous Peoples to the Lands and Territories  5.1 Historical Appraisal: The Long Road for Amazonian Indigenous Peoples to Recover Their Rights over Lands and Territories  5.2 Rights to the Lands in the Current Constitutions and National Laws  5.3 Conclusions of the Chapter 6 Rights of Indigenous Peoples to the Forest Resources  6.1 Historical Appraisal of the Forest Rights of Indigenous Peoples  6.2 Key Features of the Forest Norms  6.3 Rights over Forest Resources  6.4 Conclusions of the Chapter 7 Community Forest Management (CFM)  7.1 Definition of Community Forest Management  7.2 CFM and Traditional Forest-Related Knowledge  7.3 CFM before the Enactment of the Current Norms  7.4 Current Regulation of CFM  7.5 Conclusions of the Chapter 8 Evaluation and Summary  8.1 Implementing International Law in the National Legal Systems of Bolivia, Brazil, Ecuador and Peru  8.2 Strengthening the Lands and Forests Rights of Amazonian Indigenous Peoples for the Conservation of the Amazon Rainforest References Index

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Book SynopsisThe aim of this book is to evaluate the functioning of the Security Council during its first 75 years, from an institutional legal perspective. It analyzes three issues that were not only hotly debated when the United Nations was founded, but have also been highly relevant for the Council’s functioning in practice and are likely to remain so in the future: the right of veto for the permanent members, the rule of law, and the size of the Council (the need for enlargement).Table of ContentsList of Tables Introduction 1 The United Nations at 75 1 A Comparison with the League of Nations 2 Developments in Membership 3 Evolutions in ‘Organizationship’  3.1 Introduction: No Security Council without the United Nations  3.2 Legal Personality of the United Nations  3.3 Constitutional Development through ‘Practice of the Organization’   3.3.1 Guidance from the International Court of Justice   3.3.2 A Legal Basis for ‘Interpretation through Practice’?   3.3.3 Whose Practice? 4 Concluding Observations 2 The Security Council and the Right of Veto 1 Introduction 2 A Problematic Beginning: without the Veto No United Nations 3 A Problematic Practice 4 Problematic Reform Discussions: l’histoire se répète  4.1 Moderating the Use of the Veto without Charter Amendment  4.2 Changing the Veto, Amending the Charter  4.3 The Gordian Knot of Vetoes on Veto Reform 5 The Veto: Indispensable or Obsolete? Concluding Observations 3 The Security Council, the Rule of Power and the Rule of Law 1 Introduction 2 The Notion Rule of Law 3 Five Ways of Containing the Power of the Permanent Members  3.1 Right of Veto (‘I Forbid’), No Right of jubeo (‘I Order’)  3.2 Bound by Charter Obligations  3.3 Wartime Superpower Cooperation, Modified not Merely Codified by the Charter  3.4 The Security Council Does Not Have Unlimited Powers  3.5 The Security Council is Embedded in the United Nations Organization   3.5.1 The General Assembly   3.5.2 The Secretariat   3.5.3 The International Court of Justice 4 The 1945 Negotiations: Peace at Any Price? the ‘Rule of Power’ vs. the ‘Rule of Law’ 5 Security Council Practice and the Rule of Law  5.1 Introduction  5.2 General: Thematic Debates, Presidential Statements   5.2.1 The 2003 and 2004 Thematic Debates: the Rule of Law at the National Level   5.2.2 The 2006 and 2010 Thematic Debates: the Rule of Law at the International Level   5.2.3 Subsequent Thematic Debates on the Rule of Law   5.2.4 The Security Council as a Model for the Rule of Law?  5.3 Two Specific Topics: International Criminal Justice and Individual Sanctions   5.3.1 Introduction   5.3.2 The Rise and Fall of International Criminal Justice in the Security Council    5.3.2.1 The Establishment of Ad Hoc Criminal Tribunals    5.3.2.2 Referrals to the International Criminal Court   5.3.3 Reviewing Individual Sanctions 6 Concluding Observations 4 The Need for a Second Enlargement of the Security Council 1 Introduction 2 The Inevitability of the First Enlargement 3 The Urgency of Another Enlargement 4 Effective and Representative? 5 A Comparison 6 The Proposals by the 2004 High-level Panel on Threats, Challenges and Change 7 Concluding Observations 5 United Nations? Security Council? Concluding Institutional Legal Reflections 1 The Creation of the United Nations Revisited 2 The Creation of the Security Council Revisited 3 The United Nations in 75 Years of Practice 4 The Veto in Practice 5 The Security Council and the Rule of Law 6 On the Need for a Second Enlargement of the Security Council 7 Institutions Matter Appendix Overview of the Use of the Veto (1945 – 2020) Index

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Book SynopsisThe accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.Table of ContentsNotes on Contributors Introduction   Roberta Medda- Windischer, Kerstin Wonisch and Alexandra Cosima Budabin 1 Regulation of Muslim Religious Minority Groups and the European State: The Unique Case of Legal Pluralism in Greece   Kyriaki Topidi 2 Women and Sharia Law in the UK   Elham Manea 3 The System of Bilateral Legislation Tested by ‘Neo’ Religious Groups: The Case of Italy   Francesco Alicino 4 The Three Junctions of the Italian ‘Islamic Policy’   Alessandro Ferrari 5 Religious Diversity in Greece: Recent Developments and the Challenges of the Molla Sali Case   Christos Tsevas 6 Rabbinical Court Decisions and Their Impact on Jewish Society   Elimelech Westreich and Avishalom Westreich 7 Legal Pluralism, Religious Identity and Citizenship in the State of Israel: The Case of Non-Orthodox Jews   Anna Parrilli 8 Russian Orthodox Church and Migration in Russia: When Hell Is Paved with Good Intentions   Kiryl Kascian and Hanna Vasilevich 9 Conclusions   Silvio Ferrari Index

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Book SynopsisIn Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.Table of ContentsList of Tables and Figures Acknowledgements Introduction  1 Scope  2 Methodology PART 1 Foundations 1 Central Issues of Research  1.1 EU Competition Law – A Paradox within EU Law  1.2 The ECtHR – System Design as a Predictor of Success  1.3 ECtHR as a Self-Regulating Tribunal 2 Supporting Issues  2.1 Systems Theory and Social Sciences  2.2 The New Public Management Movement  2.3 Peoples, Consumers and Citizens  2.4 Accession of the EU to the echr  2.5 The Charter of Fundamental Rights of the EU 3 A Foot in the Past: Existing Literature  3.1 Legal Philosophy  3.2 A Renewed Debate on Human Rights  3.3 A Renewed Imagining of the Trial  3.4 Competition Policy  3.5 Competition Policy and Fundamental Rights PART 2 The Dynamic Evolution of the Right to a Fair Trial  Introduction to Part 2 4 The Right to a Fair Trial  4.1 Formulation and Importance of Article 6(1) echr  4.2 Influence of the Case-law of the ECtHR on Domestic Legislation  4.3 External Influences on the Case-law of the ECtHR 5 Applicability of Article 6(1) ECHR  5.1 Maintaining Pockets of State Sovereignty  5.2 Applicability of Article 6(1) ECHR to “Civil Rights and Obligations”  5.3 Applicability of Article 6(1) ECHR to “Criminal Charges” 6 The Right to a Fair Trial – A Tool for Self-Regulation  6.1 The Process Towards Justiciability  6.2 The Role Played by the Academic Community  6.3 The Zeitgeist  6.4 Cooperation with the ECtHR – Four Possible Models PART 3 Fair Trial and the Independence of the Commission as the Competition Enforcement Agency of the EU  Introduction to Part 3 7 The Debate on Independence at the Crossroads of the Administrative State, Delegation and IRA s  7.1 The Rise of the Administrative State, Delegation and IRA s  7.2 The UNCTAD  7.3 oecd Roundtable on Changes in Institutional Design of Competition Authorities  7.4 International Competition Network  7.5 Independence of European Regulators  7.6 The European Competition Network  7.7 Empowering NCA s – Directive 1/2019  7.8 The Difficult Case for the Independence of the European Commission 8 The Case-law of the ECtHR on the Right to an Independent and Impartial Tribunal  8.1 Established by Law  8.2 Independence  8.3 Impartiality  8.4 The Relevance of the ECtHR’s Case-Law on Independence and Impartiality 9 The Structure of the European Commission as Enforcer of Competition Law  9.1 The European Commission as a Political Institution  9.2 The European Commission as an Autonomous Bureaucracy 10 The Procedure for Enforcement of Article 101 and 102 tfeu  10.1 The Investigation Phase  10.2 Prohibition Procedure  10.3 Commitments Procedure  10.4 Procedure for Rejection of Complaints  10.5 Settlement Procedures 11 The Commission’s Powers of Investigation  11.1 Sanctions  11.2 Leniency  11.3 Sector Inquiries  11.4 Requests for Information  11.5 The Power to Take Statements  11.6 Powers of Inspection 12 Limits on the Commission’s Powers of Investigation  12.1 General Principles of Limitation  12.2 The Rights of the Defence 13 A Risk-Based Framework for Safeguarding the European Commission’s Independence  13.1 Identifying the Risks to Independence in EU Competition Law Proceedings  13.2 Mitigating the Identified Risks PART 4 Fair Trial and Judicial Review of EU Competition Law  Introduction to Part 4 14 Case-law of the ECtHR on the Right to an Effective Judicial Review  14.1 Judicial Review in Administrative Law Disputes  14.2 Judicial Review in Disputes Involving “Criminal Charges”  14.3 Judicial Review in Banking Law Disputes  14.4 Non-Pecuniary Damage for Breach of the Right to Judicial Review 15 Relevance of the ECtHR’s Case-law on the Right to Judicial Review – A Story of Three Models  15.1 Exercise of Administrative Discretion within Polycentric Issues  15.2 Exercise of Administrative Discretion for Monocentric Issues  15.3 Exercise of Administrative Discretion as Policing Power 16 Case-law of EU Courts on the Right to an Effective Judicial Review  16.1 Right to Effective Judicial Protection  16.2 Right to Judicial Review in Competition Law cases – A Matter of Constitutional Design  16.3 Limited Review of Legality – Design by Self-Interpretation  16.4 Unlimited Review of Fines  16.5 Margin of Appreciation of the EU Commission and Unlimited Review of Fines  16.6 The Right to a Fair Legal Process in EU Law 17 Is Judicial Review A Cure for Bigness?  17.1 Adjudication and Economic Evidence  17.2 Adjudication and the Administrative Man  17.3 Adjudication, Bias and Monoculture  17.4 Adjudication and Problems of Organized Complexity Step into the Future: Bigness and Judicial Power Works Cited Index

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Book SynopsisThis book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.Trade ReviewReligious Speech, Hatred and LGBT Rights provides "an extensive and comprehensive overview of the legal framework and existing case law on a national, regional and international level, the author methodically answers ... questions [about the legal foundations for addressing homophobic and transphobic speech], and establishes a possible benchmark for balancing FORB and LGBTQIA+ rights". Sophia Ruth Urban, European Yearbook on Human Rights 2022 (pp. 795-796), Intersentia.Table of ContentsForeword Acknowledgments Table of International Law Table of National Law Table of International Cases Table of National Cases 1 Introduction  1 Introduction  2 Speech Conflicts  3 Theoretical Framework  4 Approach and Outline 2 LGBT Rights as ‘Rights of Others’ in Extreme Speech Cases  1 Introduction  2 Sex and Sexual Orientation  3 ‘Rights of Others’ in the ECHR Context  4 Concluding Remarks 3 The Emerging Duty to Prohibit Anti-LGBT Speech  1 Introduction  2 The Emerging ECHR Duty to Investigate Homophobic Hate Speech  3 Inclusive Incitement Prohibitions: The Theory of Mainstreaming LGBT Protection  4 Comparative Law  5 Inclusive Incitement Prohibitions: The Emerging International Practice of Mainstreaming LGBT Protection  6 Concluding Remarks 4 The Scope of the Anti-LGBT Incitement Offence: Lessons from Comparative Law  1 Introduction  2 Inclusive Anti-Incitement Laws: Progress and Challenges  3 Concluding Remarks 5 Combating Anti-LGBT Incitement While Promoting Religious Freedom: Balances and Threshold Questions  1 Introduction  2 Against Sweeping Scripture Defences  3 The Theory of Context  4 The Application of Context  5 Concluding Remarks 6 Conclusion Bibliography

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Book SynopsisThis rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.Table of ContentsPreface Notes on Contributors 1 Withdrawing from International Organizations   Niels Blokker 2 Sovereignty as Responsibility  Exercising Permanent Sovereignty over Natural Resources in the Interest of Current and Future Generations   Daniëlla Dam-de Jong 3 Non-State Actors and Human Rights Obligations  Perspectives from International Investment Law and Arbitration   Eric De Brabandere and Larissa van den Herik 4 Global Threats and Fragmented Responses  Climate Change and the Extra-Territorial Scope of Human Rights Obligations   Helen Duffy 5 What Is a State in International Law? How Is This to Be Determined?   John Dugard 6 The Role of Customary International Law as a Tool for the Progressive Development of International Criminal Law  Undermining the Sovereignty of States for the Sake of Humanity?   Robert Heinsch 7 The Responsibility of the Netherlands for Its Nationals Abroad   Erik Koppe 8 How about Consolidating the Frontiers but Furthering the Effectiveness of Human Rights?   Rick Lawson 9 Shifting the Frontiers of International Human Rights Law   Titia Loenen 10 Waters Rising  Possible Effects of Sea Level Rise on the Legal Regime of Baselines and Delineation of Maritime Zones   Xuechan Ma 11 The International Criminal Court and human Security  Looking Ahead Complementarity?   Andrea Marrone 12 The Establishment of Flight Information Regions and Air Defence Identification Zones  Air Law Is Air Law and Maritime Law Is Maritime Law; Shall the Twain Ever Meet?   Pablo Mendes De Leon 13 Maritime Security and Sustainable Development and the Coastal Communities of India  An Empirical Analysis   Bimal N. Patel 14 To Speculate or Not? On Determining Adequate Remedies for Denial of Justice and Other Judicial Wrongs   Vid Prislan 15 Human Rights Law and the Return of Stolen Assets   Cecily Rose 16 Principles for the Sustainable Governance of shared Natural Resources   Nadia Sánchez Castillo-Winckels 17 Economic, Social and Cultural Rights and Customary International Law   William A. Schabas 18 World Law’s Modern Master Builders   Otto Spijkers 19 The World in Disarray. Great-Power Competition and the Decline of Multilateralism   Alfred van Staden 20 How Can We Justify International Criminal Justice?   Carsten Stahn 21 China’s Perception of State Sovereignty in International Dispute Settlement   Linlin Sun 22 Public Administration and Ordinary Virtues  The Venice Principles on the Ombudsman Institution   Luc Verhey 23 The Right to Marry as a Right to Equality About Same-Sex Couples, the Phrase “men and women”, and the travaux préparatoires of the Universal Declaration   Kees Waaldijk

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Book SynopsisIn this commentary, Sabine Witting provides a comprehensive analysis of the Second Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This commentary critically reflects on the impact of globalisation, digital technologies and the COVID-19 pandemic on the nature, scope and meaning of the Second Optional Protocol since its adoption on 25 May 2000. Apart from analysing a broad range of topics, from online child sexual abuse to surrogacy and ‘voluntourism’, this commentary highlights the importance of establishing child-friendly transnational collaboration mechanisms, conceptualised through a holistic gender lens and taking into consideration the online-offline nexus of violence against children and relevant Global North-Global South dynamics.Table of ContentsList of Abbreviations Author Biography Disclaimer Acknowledgments Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography  1 Introduction   1.1 Background   1.2 Impact of Globalisation and Digital Technologies   1.3 Impact of COVID-19   1.4 Cross-Cutting Themes  2 Comparison with Related International Human Rights Standards   2.1 UN Convention on the Rights of the Child, 1989   2.2 Council of Europe Cybercrime Convention (‘Budapest Convention’), 2003   2.3 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (‘Lanzarote Convention’), 2007   2.4 African Charter on the Rights and Welfare of the Child, 1990   2.5 African Convention on Personal Data Protection and Cyber Security, 2015   2.6 Hague Conventions (1980, 1993, 1996)   2.7 ILO Convention No. 182, 1999  3 Meaning and Scope   3.1 Drafting History and Recent Developments   3.2 Analysis of OPSC Articles  4 >OPSC in Continuous Need of Review in a Globalised, Digitalised and Rapidly Changing World Bibliography

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Book SynopsisThis volume, now in its second and revised edition, deals with the legal status of the three Baltic States - Estonia, Latvia and Lithuania - as a consequence of the illegality of the Soviet annexation in 1940-1991. It offers a detailed historical overview of the Soviet takeover of the Baltic States in 1939/1940 and analysis of international law as it was in force, also regionally and bilaterally, at the time. It examines the role of the continuity of the diplomatic representations of the Baltic States and other manifestations of the Western non-recognition of the Soviet annexation. Moreover, the book examines the nature of the restoration of the Baltic States in 1991 based on their State continuity claim. It also studies in detail questions such as borders, citizenship and reparation claims, and asks to what extent State continuity could or could not be restored in practice.Table of ContentsPreface to the First Edition Preface to the Second Edition Acknowledgments Abbreviations Introduction PART I: Ex Injuria Ius Non Oritur 1 Illegal Annexation, State Continuity and Identity: Concepts and Controversies  1 The Changing Status of Statehood in Contemporary International Law and Society: Starting Point for Analysis  2 Re-established States in the Practice of International Relations: Historical Perspective  3 State Continuity, Identity and Extinction in International Law Doctrine  4 Issues Raised in Legal Doctrine by World War II Annexation Cases   a Does State Identity Always Imply State Continuity?   b What are the Normative Consequences of State Identity?   c The Basis in International Law for State Identity in World War II Annexation Cases  5 Implications of the Illegality of Annexation for State Personality 2 The Legal Status of the Baltic States in International Law after 1991: Claims and Responses  1 The Baltic Thesis   a The Republic of Estonia   b Republic of Latvia   c Republic of Lithuania  2 Responses to the Baltic Continuity Thesis in the Practice of the International Community   a Restoration of Diplomatic Relations with Western Countries in 1991   b Subsequent Treaty Practice: Multilateral Treaties   c Practice Related to Bilateral Treaties   d Other Consequences of State Identity in Relations with Western States   e Practice as Related to Membership in International Organizations   f The Continuity Thesis of the Baltic States and the Russian Federation  3 The Legal Status of the Baltic States: Views in the Legal Literature 3 The Baltic States Between 1940 and 1991: Illegality and/or Prescription  1 Introduction  2 The Illegality of Soviet Annexation   a The Soviet Occupation and Annexation of the Baltic States in 1940: Facts   b Soviet Occupation and Annexation of the Baltic States: Applicable Law   c Legal Evaluation of Soviet Policy against the Baltic States in 1939/1940   d The Illegality of Annexation in International Law: Soviet Views   e The Illegality of Soviet Annexation: General Conclusions  3 Prescription and Soviet Rule in the Illegally Annexed Baltic States   a The Concept of Prescription in International Law   b Non-Recognition of the Soviet Annexation of the Baltic States: Law and Politics   c Survival of State Organs of the Baltic Republics in Exile   d The Baltic Peoples and Prescription  4 Prescription? Conclusions 4 The ‘Occupation’ of the Baltic States (1940–1991)?  1 The Baltic Thesis of Soviet Occupation (1940–1941, 1944–1991)  2 Reception of the Baltic Thesis of Soviet ‘Occupation’  3 Development of the Concept of Occupation in International Law   a Were/Are the 1907 Hague Rules Applicable Beyond War?   b Occupation Versus Annexation   c The Main Requirements of the 1907 Hague Regulations for the Occupying Power and Practice in World War II  4 An Evaluation of the Baltic Case: Fiction and Reality in Occupation Theory   a The Soviet Union and the Hague Regulations   b Which Rules of Occupation were Legally Applicable in the Case of the Baltic states?   c Conclusions: International Legal Rules Binding the USSR during its Occupation (Illegal Annexation) of the Baltic States  5 Conclusion: The Baltic States 1940–1991, Continuity or Extinction? PART II: Ex Factis Oritur Ius 1 Introduction 5 Controversial Claims for Restoration of Legal Rights in the Baltic Case  1 The Prevailing Understanding of State Continuity in Doctrine  2 Special Circumstances in the Baltic Case  3 The Controversy about the Principle of Continuity of Citizenship and the Political Rights of Soviet Era Immigrants   a Introduction   b The Migration Policies of the Soviet Authorities   c The Citizens’ Congresses in Estonia and Latvia in 1990   d Baltic Debates about the Political Rights of Russian-Speaking Settlers in the Early 1990s   e Baltic Nationality and Naturalization Laws   f Acceptance by the International Community of Continuity of the Nationality Principle in Estonian and Latvian Citizenship Laws   g Conclusion: No Unrestricted Restoration of Nationality in the Baltic Case  4 Changes with Respect to State Territories: Border Disputes since Restoration of the Independence of the Baltic States   a Estonia   b Latvia   c The Boundaries of Lithuania   d The Border Debate: Legal Issues   e The Border Debate: Conclusions  5 The Issue of State Responsibility for Injuries Caused During Illegal Soviet Annexation   a Introduction   b Main Principles of the Law of State Responsibility   c On Conditions of State Responsibility in the Case of the Baltic States: the Issue of Attributability (the International Legal Status of Today’s Russia)   d The Reparations Issue After Re-establishment of Baltic Independence   e The Reparations Issue: Conclusions  6 General Conclusion from Practice: The Discrepancy between Status and Rights 6 State Continuity in Cases of Prolonged Illegal Annexation: Status and/or Rights?  1 Introduction  2 Realist Critiques of International Law  3 The New Haven Approach and New Stream: Politics in International Law  4 Doctrinal Proposal: Status Goes beyond Legal Rights and Duties  5 The Domestic Analogy of Restoration in the Baltic States: No restitutio in integrum  6 Conclusions PART III: Between Normativity and Power: The Implications of the Baltic Case for International Law 7 The Baltic Case and Lessons from Other Cases  1 Introduction  2 Illegal Annexation and State Continuity   a The Annexation of East Timor and the Uncertainties of Non-Recognition in State Practice   b State Continuity as a Necessary Consequence of Illegality of Annexation   c Other Relevant Factors Beside Illegality? Precedential Effects  3 Departures from the Effectiveness Principle and Fear of Unfulfilled Fictions   a Legality and Effectiveness in Tibet  4 Concluding Observations Appendices Bibliography Index

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Book SynopsisThe book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law.Table of ContentsAcknowledgements Table of Cases Introduction  1 Recovering Self-Determination’s History  2 An Aperture for Worldmaking  3 Organisation of the Book  4 Approach 1 Self-Determination: Between Hierarchy and Equality  1 Sovereignty and Empire  2 Popular Sovereignty and the Age of Revolution  3 National Self-Determination, Imperial Expansion and the Civilizing Mission 2 Renegotiating Sovereignty in the Interwar Period  1 Self-Determination as Political Strategy  2 Post WWI Resettlement and “The New International Law”  3 The Aaland Islands Dispute  4 Quasi-Sovereigns: The Mandate and Trusteeship System 3 “One World” - Anticolonialism at the UN  1 Self-Determination and the New World Order  2 Contesting Empire at the UN  3 Anti-Colonial Activism  4 The Colonial Declaration  5 The Boundaries of Independence 4 Remaking the World after Empire  1 A New International Law  2 Strengthening the Post-Colonial State  3 Economic Self-Determination and the New International Economic Order  4 The Human Rights Revolution and Self-Determination 5 Sovereignty and Self-Determination at the End of History  1 New and Old Claims  2 Adjudicating Secession  3 Human Rights, Democracy and the New Standards of Sovereignty  4 Re-working Sovereignty: Minority and Indigenous Rights Epilogue: Contesting Sovereignty References Index

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Book SynopsisThis book places under scrutiny for the first time, whether, and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council’s response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.Table of ContentsChallenges of Protection Foreword Preface Introduction 1 Promoting Protection  1 Introduction  2 The Universal Periodic Review  3 Standard-Setting  4 Cooperation with National Human Rights Institutions  5 Business and Human Rights  6 Indigenous Populations  7 Minorities  8 Slavery and Slavery-Like Practices  9 Racism and Racial Discrimination  10 Human Rights Defenders  11 Studies  12 Human Rights Education and Training  13 Country Rapporteurs, Thematic Rapporteurs and Working Groups  14 World Campaign on Human Rights  15 Cooperation with Related UN Organs  16 Cooperation with Regional Human Rights Bodies  17 Conclusion 2 Universality  1 Introduction  2 The Universal Periodic Review  3 Philosophical Universality  4 Universality of Human Rights under International Law: The International Bill of Human Rights  5 Challenges to Universality  6 Defending Universality  6.1 The Democratic Test Of Universality  6.2 The Bases of Universality  6.3 Challenges of Implementation  6.4 Normative Universality  6.5 Universality in the UN Human Rights Council: The upr Process  6.6 Political Universality  6.7 The Universality of International Law  6.8 Populism and Universality  6.9 Global Poverty and Universality  6.10 Gross Violations of Human Rights and Universality  6.11 Democratic Universality/Peoples’ Universality  6.12 Universality as an Idea  6.13 Universality as a Goal  6.14 Universality as a Normative Concept  7 Conclusion 3 Protection  1 Introduction  2 Efforts for International Protection  3 The Human Rights Council  4 High Commissioner’s Updates to the Human Rights Council on Situations of Concern  5 Protection Activities of Special Procedures of the Council  6 Conclusion 4 Prevention  1 Introduction  2 Pronouncements of the Council on Prevention  3 Preventive Actions of Special Procedures of the Council  4 Early Warning from the UN High Commissioner  5 Tackling Root Causes of Violations  6 Conclusion 5 Urgent Action  1 Introduction  2 Special Sessions of the Council  3 Urgent Actions by the President of the Council  4 Urgent Actions by the High Commissioner at the Request of the Council  5 Conclusion 6 Good Offices  1 Introduction  2 Urgent Communications to Governments  3 Confidential Complaints Procedure  4 Good Offices by the President of the Human Rights Council  5 Conclusion 7 Fact-Finding  1 Introduction  2 Principles of Fact-Finding  2.1 Do No Harm  2.2 Independence  2.3 Impartiality  2.4 Transparency  2.5 Objectivity  2.6 Confidentiality  2.7 Credibility  2.8 Visibility  2.9 Integrity  2.10 Professionalism  2.11 Consistency  3 The Special Procedures and Commissions of Inquiry  4 Conclusion 8 Redress  1 Introduction  2 Principles of Redress  3 Right to Truth  4 Expressions of Concern Over, or Condemnation of Gross Violations  5 Accountability  6 Transitional Justice  7 Evaluation  8 Conclusion 9 Justice  1 Introduction  2 The Decline of Democracy in the World  3 The Decline of Human Rights Justice in the World  4 The Idea of Justice in Philosophical Literature  5 The Idea of Justice in the International Bill of Human Rights  5.1 Equal Enjoyment of Enumerated Rights  5.2 Non-Discrimination  5.3 Discrimination Versus Distinction  5.4 Affirmative Action  5.5 General Comment 4/13 of the Human Rights Committee (Gender Equality)  5.6 The Beijing World Conference on Women’s Rights (1995)  5.7 Equitable Life Chances  6 The Human Rights Council’s Contributions to the Global Quest for Justice  7 The Human Rights Council as a Forum for Seeking and Promoting Global Justice  7.1 Global Hunger  7.2 Widespread Lack of Access to Medicine  7.3 Widespread Lack of Access to Safe Drinking Water and Sanitation  7.4 World-Wide Discrimination Against Women  7.5 Child, Early and Forced Marriage in Times of Crisis, Including the covid-19 Pandemic  7.6 Pervasive Gross Violations of Human Rights  7.7 Afro-Descendants  7.8 lgtbq s  7.9 Albinism  8 Conclusion 10 Jurisprudence  1 Introduction  2 The Architecture of International Law: Principles of the UN Charter  3 Normative Instruments: Treaties and Declarations  4 Principles on Human Rights and the Environment  5 Human Rights and Climate Change  6 The Right to Peace  7 Promotion of a Democratic and Equitable International Order  8 Human Rights: International Cooperation and International Solidarity  9 Guiding Principles on Business and Human Rights  10 National Infrastructure  11 Protection of Human Rights While Countering Terrorism  12 Rights to Freedom of Peaceful Assembly and of Association  13 Protection from Arbitrary Detention  14 Protection of Human Rights Defenders  15 Right to Truth  16 Transitional Justice  17 Protection of Civilians in Armed Conflict  18 Right to Food  19 Human Rights and Access to Safe Drinking Water and Sanitation  20 Access to Medicine  21 Guiding Principles on Extreme Poverty and Human Rights  22 Rights of Peasants  23 The Human Rights of Older Persons  24 Basic Principles and Guidelines on Development-Based Evictions and Displacement  25 Trafficking in Persons  26 Mercenarism  27 Conclusion Conclusion Bibliography Index

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Book SynopsisThe Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.Table of ContentsAcknowledgements List of Tables List of Abbreviations Introduction part 1 The History, Effectiveness and Legality of Unilateral Economic Sanctions 1 The History and Effectiveness of Economic Coercion  1 The History of Economic Coercion: From Economic Warfare to the Enforcement of Community Interests  1.1 Economic Coercion before the Twentieth Century  1.2 Economic Sanctions in the Covenant of the League of Nations and Their Application in the Interwar Period  1.3 Economic Sanctions after World War ii  1.4 The “Sanctions Decade” and the Quest for “Smart” Sanctions  1.5 The War against Terrorism and the UN Security Council’s Targeted Sanctions  1.6 The Increased Use of Unilateral Economic Sanctions and a New Geo-Economic World Order  2 The Effectiveness of Economic Sanctions  2.1 The Objectives Pursued by Economic Sanctions  2.2 The Debate on the Effectiveness of Economic Sanctions  2.3 Strategies for Circumventing the Negative Effects of Economic Sanctions  3 Conclusion 2 The Legality of Unilateral Economic Sanctions under Public International Law  1 Unilateral Economic Sanctions: In Search of Definitional Clarity  1.1 Retorsion  1.2 Reprisals  1.3 Countermeasures  1.4 Third-Party Countermeasures (Solidarity Measures, Countermeasures in the Collective Interest)  1.5 Sanctions  2 The Legality of Unilateral Economic Sanctions under the Charter of the United Nations  2.1 Unilateral Economic Sanctions as a Use of Force under Article 2(4)  2.2 Unilateral Economic Sanctions as a Violation of the Principle of Non-intervention  3 The Legality of Unilateral Economic Sanctions under the Draft Articles on Responsibility of States for Internationally Wrongful Acts  3.1 Unilateral Economic Sanctions as Countermeasures  3.2 Unilateral Economic Sanctions as Third-Party Countermeasures  4 Unilateral Economic Sanctions and Established Principles of Jurisdiction in International Law  4.1 Jurisdiction in International Law  4.2 Secondary Sanctions and Their Extraterritorial Reach  4.3 Types of Primary and Secondary Unilateral Sanctions that Face a Significant Risk of Being Classed as Extraterritorial  5 Jurisdiction and the Imposition of Unilateral Financial Sanctions  5.1 The Era of Financial Warfare  5.2 Unilateral Financial Sanctions and Jurisdiction  5.3 Correspondent Account-Based Jurisdiction: A New Rule for Ascertaining Jurisdiction  6 Unilateral Economic Sanctions and the Immunities of States and State Officials  6.1 Blocking the Property of Central Banks and State-Owned Enterprises  6.2 Blocking of Property and Travel Restrictions Applicable to Heads of States and Other High-Ranking Government Officials  7 Unilateral Economic Sanctions and wto Law  7.1 Import Restrictions  7.2 Export Restrictions  7.3 Restrictions on Traffic in Transit and Goods in Transit  7.4 The Freezing of Assets and Restrictions on Financial Transactions  7.5 Visa Restrictions  7.6 Secondary Sanctions and Their Compatibility with wto Law  8 Conclusion part 2 The International Enforcement of Human Rights and the Legality of Unilateral Human Rights Sanctions 3 The International Enforcement of Human Rights  1 Human Rights Treaties and Enforcement Mechanisms  1.1 The Core Human Rights Treaties: A Short Review  1.2 Reporting Obligation  1.3 Mechanisms of Interstate Complaints  1.4 Mechanisms for Individual Complaints  1.5 Inquiry Procedure  1.6 Dispute Settlement Provisions and the Role of the International Court of Justice  1.7 The Deficiencies of Treaty-Based Enforcement Mechanisms  2 Enforcement of Human Rights That Have Acquired a Special Status  2.1 Jus Cogens  2.2 Obligations Erga Omnes  3 The Role of the Human Rights Council in the International Protection of Human Rights  4 The Role of the UN Security Council in Responding to Atrocities  4.1 Humanitarian Intervention and Responsibility to Protect (R2P)  4.2 Collective Economic Sanctions  5 Conclusion 4 The Legality of Unilateral Economic Sanctions Imposed to Redress Human Rights Violations  1 Human Rights Sanctions and the Principle of Non-intervention  2 Economic Sanctions Targeting Human Rights Violations and the Draft Articles on Responsibility of States for Internationally Wrongful Acts  3 Economic Sanctions Targeting Human Rights Violations and the Immunities of Heads of States and Other High-Ranking Government Officials  4 Economic Sanctions Imposed on Human Rights Grounds and wto Law  4.1 Justification under the Public Morals Exception  4.2 Justification under the National Security Exception  5 Conclusion part 3 The Contribution of the Doctrine of Common Concern of Humankind to the International Protection of Human Rights 5 The Doctrine of the Common Concern of Humankind and Its Contribution to Enhancing Human Rights Protection  1 The Evolution of the Doctrine of the Common Concern of Humankind  2 The Suggested Normative Implications of the Principle of the Common Concern of Humankind  2.1 Duty to Cooperate  2.2 Obligation to Do One’s Homework  2.3 Securing Compliance  3 The Introduction of the Doctrine of Common Concern of Humankind into International Human Rights Law  3.1 The Reasons behind States’ Abuses of Human Rights  3.2 The Concept of the Essence of Human Rights (Kerngehalt) as a Threshold to Define Human Rights as a “Common Concern”  3.3 Systematic Human Rights Violations as an Additional Criterion  3.4 Grave Human Rights Violations as a Threat to International Peace and Security  4 The Potential of the Principle of the Common Concern of Humankind in International Human Rights Law  4.1 Reinforced Duty to Cooperate  4.2 The Domestication of International Human Rights Obligations  4.3 An Instrument for Providing Legality and Legitimacy to Unilateral Economic Sanctions  4.4 An Instrument to Empower Civil Society  5 Conclusion  Conclusion Bibliography Index

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Book SynopsisShipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters.Table of ContentsForeword Acknowledgements List of Figures and Tables List of Contributors List of Acronyms 1 Introduction  Kristin Bartenstein and Aldo Chircop Part 1: Understanding the Context of Governance of Shipping in Canadian Arctic Waters 2 “The Sea is Our Mainstay”: Shipping and the Inuit Homeland  Monica Ell-Kanayuk and Claudio Aporta 3 Shipping in Arctic Marine Ecosystems under Stress: Recognizing and Mitigating the Threats  Warwick F. Vincent, Connie Lovejoy and Kristin Bartenstein 4 Shipping along the Northwest Passage: A Historical Overview  Adam Lajeunesse and P. Whitney Lackenbauer 5 Comparative Perspectives on the Development of Canadian Arctic Shipping: Impacts of Climate Change and Globalization  Frédéric Lasserre 6 Reconsidering Arctic Shipping Governance through a Decolonizing Lens  Leah Beveridge 7 Unpacking Canada’s Arctic Shipping Safety, Security, and Defence Functions  Andrea Charron and David Snider 8 Canadian Icebreaker Operations and Shipbuilding: Challenges and Opportunities  Timothy Choi 9 Mitigating the Tyranny of Time and Distance: Community-Based Organizations and Marine Mass Rescue Operations in Inuit Nunangat  Peter Kikkert, Calvin Aivgak Pedersen, and P. Whitney Lackenbauer Part 2: Reimagining the Governance of Shipping in Canadian Arctic Waters 10 Canada and the Future of Arctic Coastal State Jurisdiction  Kristin Bartenstein 11 The Modern Case Law on the Powers and Responsibilities of Flag States: Navigating Canada’s Arctic Waters  Nigel Bankes 12 The Canadian Policy, Legal and Institutional Framework for the Governance of Arctic Shipping  Aldo Chircop 13 Goal-Based Standards, Meta-Regulation and Tripartism in Arctic Shipping: What Prospects in Canadian Waters?  Phillip A. Buhler 14 Modernizing the Governance of Passenger Vessel Operations in the Canadian Arctic  Meagan Greentree 15 Governing Canadian Arctic Shipping through Low-Impact Shipping Corridors  Jackie Dawson and Gloria Songbr/> 16 The New Federal Impact Assessment Act and Arctic Shipping: Opportunities for Improved Governance  Meinhard Doelle, David V. Wright, A. John Sinclair and Simon Dueck 17 Indigenous Self-Determination and the Regulation of Navigation and Shipping in Canadian Arctic Waters  Suzanne Lalonde and Nigel Bankes 18 Conclusion  Aldo Chircop and Kristin Bartenstein Index

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Book SynopsisThis book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.Table of ContentsList of Figure part 1 Introduction 1 Introduction  1.1 Introduction  1.2 Background  1.3 The Absence of International Legal Agreements Regulating Oil Pollution Damage from Offshore Subsoil Activities  1.4 The Barents Sea  1.5 Limitations and Assumptions throughout the Book 2 Sources of Law in Norway and Russia  2.1 Introduction  2.2 Sources of Law – Norway  2.3 Sources of Law – Russia  2.4 Some Comments on Legal Reasoning  2.5 Materials Used 3 Principles and Considerations in Norwegian and Russian law  3.1 Introduction  3.2 The Use of the Terminology ‘Legal Principle’ in This Book in Relation to Norwegian and Russian Law  3.3 The International Environmental Polluter Pays Principle – from an Economic to a Multi-version Principle  3.4 Common Consideration in Norwegian and Russian Law  3.5 Norwegian National Considerations with Respect to Chapter 7 of the Petroleum Act  3.6 Russian National Considerations  3.7 Comparative Notes  3.8 Conclusions 4 Liability for Pollution Damage in the Barents Sea  4.1 Introduction  4.2 Liability for Pollution Damage in Norway  4.3 Liability for Pollution Damage in Russia part 2 Procedural Law Issues: Choice-of-Law, and Recognition and Enforcement of Foreign Judgments 5 Choice of Law Rules in the Petroleum Act and the Civil Code  5.1 Introduction  5.2 Two Cross-Border Pollution Scenarios  5.3 A Harmed Russian Party Filing a Claim for Compensation in a Norwegian Court for Harm Inflicted to the Russian Party, When Located in the Russian Part of the Barents Sea, by a Norwegian Company Located in the Norwegian Part of the Barents Sea  5.4 A Harmed Norwegian Party Filing a Claim for Compensation in a Russian Court for Harm Inflicted to the Norwegian Party Located in the Norwegian Part of the Barents Sea by a Russian Company Located in the Russian Part of the Barents Sea  5.5 Conclusion of Choice of Law 6 Recognition and Enforcement of Foreign Judgments in National Courts Absent an International Agreement (Enforcement of Norwegian Judgments in Russian Courts and Russian Judgments in Norwegian Courts)  6.1 Introduction  6.2 European Recognition and Enforcement Regimes of Foreign Judgments in Civil and Commercial Matters  6.3 Norwegian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.4 Russian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.5 Conclusion of Recognition and Enforcement of Foreign Judgments Part 3 Substantive Law Issues: Examining Compensability through the Concept of Damage, Losses Suffered by Third Parties, and Harm to the Environment and Its Valuation and Calculation 7 The Definition and Understanding of the Norwegian Concept of “Damage” under the Petroleum Act and the Russian Concept of “Harm” under the Federal Continental Shelf Law and the Federal Environmental Protection Law  7.1 Introduction  7.2 Norwegian Law  7.3 Russian Law  7.4 Comparative Analysis  7.5 Conclusion of Chapter 7 8 Compensability of Losses Suffered by Third Parties: Establishing Protection in Delict Law and Limitation of This Liability through Causation  8.1 Introduction  8.2 Historical Prelude  8.3 Pure Economic Loss and Losses Suffered by Third Parties  8.4 Norwegian Law: the Establishment of Protection in Delict Law and Limitation of Liability through Proximity in Causality and Balancing of Interests  8.5 Russian Law – the Concept of “Unreceived Income”  8.6 Comparative Analysis  8.7 Conclusion on Losses Suffered by Third Parties 9 Compensability of Harm to the Marine Natural Environment Caused by Petroleum Spills  9.1 Introduction  9.2 Values Attributable to the Environment  9.3 Norwegian Law  9.4 Russian Law  9.5 Comparative Analysis  9.6 Conclusion of Chapter 9 10 The Valuation and Calculation of Compensable Damage to the Environment  10.1 Introduction  10.2 The Primary Valuation and Calculation Methods  10.3 The Norwegian Approach to Restoration and Replacement Costs  10.4 The Russian Approach: Market Valuation and Mathematical Formulas  10.5 Comparative Analysis  10.6 Conclusion 11 Conclusions and Policy Recommendations  11.1 Introduction  11.2 Conclusions and Summary of the Book  11.3 Policy Recommendations Annexes Bibliography Index

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Book SynopsisHow can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.Table of ContentsPreface – Contrasting Perspectives on Child Rights   Rebecca Adami Abbreviations Notes on Contributors Introduction   Children’s Rights from an International Perspective   Laura Lundy   A Children’s Rights Dilemma – Paternalism versus Autonomy   Noam Peleg Part 1 Legal Challenges Regarding the Rights of the Child 1 Children’s Right to Have Rights – on the Importance of Statutory Rights for Swedish Children Living outside the Country   Johanna Schiratzki   A Response to Johanna Schiratzki   Sandra Karlsson 2 Child Rights without Substance? – Swedish Public Welfare and the Invisibility of Children in Economic Support Cases   Pernilla Leviner and Tim Holappa   A Response to Pernilla Leviner and Tim Holappa   Lars Lindblom 3 Children’s Participation in Legal Proceedings – Conditioned by Adult Views of Children’s Capacity and Credibility?   Anna Kaldal   A Response to Anna Kaldal   Linde Lindkvist 4 Societal Unease and the Right to Non-discrimination for Youths with Foreign Background Who Are in Conflict with the Law   Katrin Lainpelto   A Response to Katrin Lainpelto   Rebecca Adami 5 Children’s Right to Health(Care) – in Light of Medical Advancements and Developments in Paediatric Care   Kavot Zillén   A Response to Kavot Zillén   Margareta Aspán Part 2 Conceptualizing the Rights of the Child Political, Ethical, and Moral Dimensions 6 Childism – on Adult Resistance to Children’s Rights   Rebecca Adami   A Response to Rebecca Adami   Katrin Lainpelto 7 Five Problems with Children’s Participation Rights   Linde Lindkvist   A Response to Linde Lindkvist   Anna Kaldal 8 Distributive Justice for Children   Lars Lindblom   A Response to Lars Lindblom   Pernilla Leviner and Tim Holappa 9 Article 31 – the Forgotten Right to Cultural Life and the Arts   Margareta Aspán   A Response to Margareta Aspán   Kavot Zillén 10 Ethnography of Lived Rights – Methodological and Ethical Considerations when Researching Rights with Children   Sandra Karlsson   A Response to Sandra Karlsson   Johanna Schiratzki Index

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Book SynopsisIn this book, Bertus de Villiers offers unique insights into institutional design aimed at the protection of minority rights. He reflects on several case studies to highlight various aspects of the complexity of contemporary constitution drafting and how creative solutions have been found to secure the rights of minorities. The respective chapters drill down to a practical level to assist constitutional scholars, legal scientists, the judiciary and practitioners to better comprehend the dynamics of minority rights in the country under discussion; to be informed by the jurisprudence that have arisen; and to gain insights from the adjustments that had to be made to more effectively protect the rights of minorities.Table of ContentsPreface 1 The Design of Institutions in Response to Diversity A Shot in the Dark or a Fine Art?  1 Introduction  2 To Accommodate, Integrate or Assimilate – That is the Question  3 Guidance to Institutional Design from International Law  3.1 Inconsistency is the Name of the Game  3.2 Selected International Legal Instruments: United Nations  3.3 Regional Legal Instrument: European Framework Convention for the Protection of National Minorities  3.4 From Theory to Practice: The (Non-binding) Lund Recommendations and Ljubljana Guidelines in Europe  4 Conclusion: Designing Institutions in Response to Diversity: A Shot in the Dark or a Fine Art? 2 A Promise Not to Keep? Lessons from Central and Eastern Europe to Establish Cultural Councils and Relevance to the Afrikaans Community of South Africa  1 Introduction  2 The Advent of Cultural Councils in Central and Eastern Europe  3 The Promise of Cultural Councils in the 1996 Constitution of South Africa  4 The Origin of the Cultural Council-debate in South Africa  5 Contemporary Cultural Councils in Estonia, Hungary and the Russian Federation  5.1 Legal Framework of the Cultural Councils  5.2 Power and Functions of the Cultural Councils  5.3 Observations of the Respective Cultural Councils  6 Lessons to be Drawn by the Afrikaans (and Other) Community  7 Conclusion 3 Non-territorial Self-government and Socio-economic Empowerment The Roma of Hungary  1 Introduction  2 Hungary: An Overview of Nationality Self-government  2.1 Population Composition  2.2 Establishment of Nationality Self-governments  2.3 Election of Nationality Self-governments  2.4 Nationality Self-governing Non-territorial Institutions  2.5 Nationality Self-government Functions  3 The Roma and Non-territorial Self-government  3.1 Who Are the Roma?  3.2 Nationality Self-governments for the Roma  3.3 Outcomes of Roma Self-government  3.3.1 Criteria to Assess Success or Failure of Self-government  3.3.2 Competing Philosophies between Roma and Other Nationalities  3.3.3 The 2011-Reforms  3.3.4 Varied Experiences of Self-governments  3.3.5 Integration or Accommodation or Both?  3.3.6 Who is Responsible for Socio-economic Improvement of the Roma?  4 Summary 4 Using Control Over Access to Land to Achieve Cultural Self-government (of Some Sort) Reflecting on the Experiences of Aboriginal People with the Right to Negotiate in Australia  1 Introduction  2 Characteristics of the Right to Negotiate  3 Aboriginal People of Australia – A Brief Overview  4 Recognition of Native Title  5 Incorporating Aboriginal Communities: A Legal Basis to Exercise Collective Rights  6 Right to Negotiate: Its Meaning and Effect  6.1 How Does the Right to Negotiate Come into Existence?  6.2 What Does the Right to Negotiate Entail?  6.3 Support for Aboriginal People in “Good Faith” Negotiations  6.4 Option for Indigenous Land Use Agreements as an Alternative to Right to Negotiate  6.5 Compensation for Loss or Diminution of Native Title  7 The Right to Negotiate and Its Contribution to Aboriginal Self-determination 5 Breaking New Ground for Indigenous Non-territorial, Cultural Self-government – the Noongar Settlement in Australia  1 Introduction  2 An ilua – a Publicly Registered Treatise for Land Access and Cultural Self-government  3 The Noongar People – Trailblazers for Community Self-government  4 The Road to Settlement: From Litigation to Negotiation  5 Essential Principles of the Noongar Settlement  6 Main Elements of the Noongar Compensation Package  7 The Noongar Settlement – a Proper Classification  8 The Noongar Settlement – Principles of Relevance to the Theory and Practice of Protection of Minority and Indigenous Rights  9 Conclusion 6 Does a Constitution Have a Soul? The Role of Bundestreue in the Germany and Ubuntu in South Africa to Give Life and Identity to a Constitutional Text  1 Introduction  2 Introduction to the Term Bundestreue  3 Bundestreue and its Relevance to the Conduct of Intergovernmental Relations  4 The Origin of Bundestreue  5 Bundestreue in Its Practical Application  6 Ubuntu – An Implied Term of Dignity, Fairness and Humanity  6.1 Origin and Meaning of Ubuntu  6.2 Reliance on Ubuntu by the Constitutional Court  7 Summary of Comparisons between Bundestreue and Ubuntu  8 Conclusion 7 Flying a Flag for Freedom of Expression When Does a Historic Symbol of a Minority Turn into Hate Speech? The Case of the Old Flag of South Africa  1 Introduction  2 Background to the Flag Dispute  3 Events Leading to the Dispute about the Old Flag  4 Background to the Old Flag  5 Legal Framework  6 Judgment: Does the Display of the Old Flag Constitute Hate Speech?  7 Five Questions about Symbols and Hate Speech – Comparative Experiences  7.1 General Comments on the Judgment  7.2 Foreign Comparative and International Law  7.2.1 A Flag as Hate Speech  7.2.2 Universal Definition of Hate Speech  7.2.3 Can Hate Speech Be Influenced by Effluxion of Time?  7.2.4 Test for Hate Speech: Intention or Perception?  7.2.5 Balance between Freedom of Speech and Protection Against Hate Speech  8 Summary 8 Concluding Observations Bibliography Index

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Book SynopsisDemocratic societies expect their armed forces to act in a morally responsible way, which seems a fair expectation given the fact that they entrust their armed forces with the monopoly of violence. However, this is not as straightforward and unambiguous as it sounds. Present-day military practices show that political assignments, social and cultural contexts, innovative technologies and organisational structures, present military personnel with questions and dilemma’s that can have far-reaching consequences for all involved – not in the last place for the soldiers themselves. A thorough training and education, in which critical thinking is developed and stimulated, seems therefore a necessary condition for morally responsible behaviour. This book aims to contribute to this form of ‘reflective practitioning’ in military practice.Table of ContentsList of Illustrations Notes on Contributors 1 Introduction Ethics and Military Practice   Désirée Verweij 2 Fostering Reflective Practice and Moral Competence Ethics Education in the Military   Eva van Baarle 3 ‘The Roof, the Roof, the Roof is on Fire’ Moral Standards and Moral Disengagement in Military Organisations   Eva van Baarle and Marjon Blom-Terhell 4 Loyalty A Grey Virtue?   Peter Olsthoorn and Marjon Blom-Terhell 5 Moral Injury The Psychological Impact of Morally Critical Situations   Tine Molendijk 6 Ethics and Technology   Christine Boshuijzen-Van Burken 7 An Organisational Perspective on Military Ethics   Eric-Hans Kramer, Herman Kuipers, Miriam de Graaff 8 Morality Foundation for Competent Professionals   G. J. van Doorn Index

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Book SynopsisThe Yearbook of Polar Law covers a wide variety of law and policy topics relating to the Arctic and the Antarctic, and even the Third Pole. Many of the articles draw on presentations made at the annual Symposiums on Polar Law. The Editors-in-Chief are Gudmundur Alfredsson of the Stefansson Arctic Institute in Akureyri and the China University of Political Science and Law in Beijing, Julia Jabour of the Institute for Marine and Antarctic Studies, University of Tasmania, Timo Koivurova of the Arctic Centre, University of Lapland, and Akiho Shibata of the Polar Cooperation Research Centre, Kobe University. Articles published in the Yearbook are peer reviewed, unless otherwise noted. The Yearbook will also carry book reviews and occasional news stories. The topics covered in the Yearbook include: - human rights issues, such as autonomy, self-government and self-determination, the rights of indigenous peoples to land and natural resources, cultural rights and cultural heritage, and indigenous traditional knowledge - local, national and corporate governance issues - environmental law, climate change, security and human rights implications of climate change, protected areas and species, and biodiversity - regulatory and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources - jurisdictional and other issues re the exploration, exploitation and shipping of oil, gas and minerals - law of the sea, the retreating sea ice, and continental shelf claims - trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law - territorial claims and border disputes on both land and at sea - peace and security, and dispute settlement - the roles and actual involvement of international organizations in the polar regions, such as the Arctic Council, the Nordic Council, the International Whaling Commission, the European Union, the North Atlantic Treaty Organization, and the United Nations, and - the activities of NGOs, think tanks and academic institutions This Yearbook contains a selection of papers presented at the 14th Polar Law Symposium and other papers submitted.Table of ContentsPreface List of Tables, Figures and Maps Notes on Contributors section 1: The Arctic and the Contribution of ArCS ii Country Visits: Report on a Visit to the Ainu and Lessons for the Arctic  Gudmundur Alfredsson Jus Pro Homine, Natura et Animalis: Dignifying the Right to Life of Arctic Indigenous Peoples  Yota Negishi Implementing the 2017 Arctic Science Cooperation Agreement: Challenges and Opportunities as regards Russia and Japan  Alexander Sergunin and Akiho Shibata Recalcitrant Materialities of a Liminal Ocean: Deconstructing the Arctic ‘Nomos’  Apostolos Tsiouvalas U.S.-China Arctic Cooperation in a New Era of Great Power Competition: Opportunities and Challenges  Yuanyuan Ren section 2: The Antarctic Legal Personality in Antarctica  Trevor Daya-Winterbottom Polar Policy in Practice: Tour Guiding in Antarctica  Hanne Nielsen and Gabriela Roldan The 2018 Judgment by the European Court of Justice on Antarctic mpa s and Its Possible Significance to the Antarctic Treaty System  Gustavo Ramírez Buchheister Antarctic Maritime Zones in the Era of Climate Change: ilc, ila and the Long Road Ahead  Marcelo Molina Villalobos section 3: Non Peer-Reviewed Papers The Pan-Arctic Report on Gender Equality in the Arctic: Moving Forward!  Eva-Maria Svensson, Hjalti Ómar Ágústsson and Embla Eir Oddsdóttir section 4: Book Reviews Vito De Lucia, Alex Oude Elferink and Lan Ngoc Nguyen (eds.), International Law and Marine Areas beyond National Jurisdiction – Reflections on Justice, Space, Knowledge and Power  Katharina Heinrich Snjólaug Árnadóttir. Climate Change and Maritime Boundaries: Legal Consequences of Sea Level Rise  Medy Dervovic

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Book SynopsisThe volume presents an innovative analysis of defence rights in EU criminal proceedings through the lens of a computational approach to the law. This multi-level research tackles both EU law and national legislation, as well as case-law on defence rights in criminal proceedings. The comparative analysis on procedural safeguards is integrated by legal informatics, that led to the translation into computable language of the relevant EU and national legislation. Such multidisciplinary approach allows, through a semiautomated technology, to better highlight potentially uncovered deficit of the normative texts, and to enhance comparative analysis of legal systems. The breakthrough perspective brings a novel viewpoint to the debate on criminal procedure rights, shading light on the potential emerging from the interaction between criminal law and technology.

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Book SynopsisGlobalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe. In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.Table of Contents1 Introduction: State, Law, and Religious Diversity   Joseph Marko, Maximilian Lakitsch, Wolfgang Weirer, Franz Winter and Kerstin Wonisch Part 1 Religion, State, Law, and Secularism 2 Human Rights and the Osmosis between Secular and Religious Legal Systems The Post-modern European Right to Freedom of Religion through the Prism of the Islamic Veil   Alessandro Ferrari 3 Protection or Persecution? The State, the Law, and Minority Religion   Eileen Barker 4 Historicizing the Secularization Debate A Helpful Illustration from Bosnia and Herzegovina   Dino Abazović 5 Russian Conservatism and Human Rights in Europe   Mikhail Antonov 6 Multiculturalizing Secularism   Tariq Modood Part 2 Islamic Concepts of Law and Politics 7 Beyond the State Law Versus God’s Law Dilemma: A Genealogical Approach to Islamic Concepts of Law, Politics, and Sovereignty   Jocelyne Cesari 8 Religious Diversity, Secularisms, and Ideologies Comparing Western and Muslim Countries   Ahmet T. Kuru 9 Is a Comparative History of Western and Islamic Political Thought Possible?   Joseph Marko Part 3 The Varieties of Religious Fundamentalisms 10 Islamic Fundamentalism: Beyond Islamism, Extremism, and Political Islam   Rüdiger Lohlker 11 Fundamentalisms Old and New? Intra-religious Developments and Inter-denominational Alliances in the New Christian Right in Austria   Katharina Limacher 12 The Varieties of Fundamentalism: A Comparative Approach to the Use of a Very Popular Term with a Buddhist Side-Step   Franz Winter Part 4 Gender and Religion 13 Religion, Gender, and Law: A Tense Relationship   Kerstin Wonisch 14 Critical Reflections on the Androcentrism of Religious Norms: The Heteronomy of the Female Body   Dana El-Omari 15 Canon and Tradition in Transition: The Case of Gender in Israel   Henriette Dahan Kalev Part 5 Religion and Education 16 Religion, Human Rights and Education in Pluralistic Societies Re-visiting John Rawls and Jürgen Habermas   Manfred L. Pirner 17 The Question of Truth within the Context of (Religious) Plurality A Challenge for Religious Education   Andrea Lehner-Hartmann 18 Pluralistic Society as a Challenge for Islamic Education An Example from Austria   Zerkirija Sejdini 19 Religious Education in a Pluralistic Society Opportunities, Challenges, and Legal Conclusions   Wolfgang Weirer Part 6 Interreligious Dialogue and Peacebuilding 20 Reconsidering the Transnational Dimension of Religion and Conflict   Maximilian Lakitsch 21 Interreligious Dialogue in a Pandemic Reality Between Priority and Luxury   Mohammed Abu-Nimer 22 Religious Perspectives and their Relevance for Peace: A Few Concluding Remarks on Interreligious Dialogue   Maximilian Lakitsch and Franz Winter Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.Table of ContentsAcknowledgments List of Tables List of Abbreviations 1 Introduction  i Citizenship and International Migration – Setting the Problem  ii Objective, Scope and Delimitation  iii Approach and Outlook 2 Citizenship and Nationality Terms, Concepts and Rights  i Citizenship or Nationality? A Note on Terminology  ii The Concept of Citizenship  1 Historical Traces of the Concept of Citizenship  2 Theoretical Conceptualizations of Citizenship  3 Citizenship as a Legal Status  3.1 The Concept of Citizenship in International Law  3.2 Acquisition and Loss of Citizenship  3.3 Functions of Citizenship  iii Citizenship as a Human Right  1 Citizenship as Access to (Human) Rights  2 Citizenship as a Moral Human Right  2.1 Hannah Arendt’s Right to Have Rights  2.2 Seyla Benhabib’s Cosmopolitan Right to Membership  2.3 Ruth Rubio-Marín’s Jus Domicilii  2.4 Joseph Caren’s Theory of Social Membership  2.5 Ayelet Shachar’s Jus Nexi  2.6 David Owen’s Right to a Nationality  3 Citizenship as a Legal Human Right 3 Domaine Réservé? Statehood, Sovereignty and Nationality  i Statehood and Sovereignty in International Law  1 Elements of Statehood  2 Statehood and Sovereignty  3 State Sovereignty and the Doctrine of Domaine Réservé  ii The Traditional Perception of Nationality as a Domaine Réservé and its Development  iii A Historical Perspective on the Regulation of Nationality in International Law  1 Early Multilateral Regulation: Avoiding Conflicts  2 Internationalization and Specialization: The 1930 Hague Convention  3 The After-War Period: The Rise of Individual Rights  4 The Parallel Development: The Indirect Regulation of Nationality  iv Conclusion: Growing International Support 4 Beyond Sovereignty The Right to Nationality in International Law  i Article 15 Universal Declaration of Human Rights  1 The Drafting History of Article 15 udhr  2 The Scope and Content of Article 15 udhr  3 The Customary Nature of Article 15 udhr  ii The Right to Nationality in International Law  1 The Right to Nationality at Universal Level  1.1 The UN Core Human Rights Treaties  1.2 The Statelessness Conventions and the Refugee Convention  1.3 Soft Law Instruments at Universal Level  2 The Right to Nationality at Regional Level  2.1 The Americas  2.2 Europe  2.3 Africa  2.4 Middle East and North Africa  2.5 Asia and Pacific  2.6 Interim Conclusion  iii The Right to Nationality as Customary International Law?  iv Conclusion: The Body of International Human Rights Law 5 Defining the Right to Nationality Rights and Obligations  i Qualifying the Right to Nationality  ii The Scope of the Right to Nationality  1 Personal Scope of Application  1.1 Everyone  1.2 Instruments with a Limited Personal Scope  1.3 Legal Persons?  2 Substantive Scope of Application  2.1 Nationality  2.2 Acquisition, Change and Loss of Nationality  3 Territorial Scope of Application  4 Temporal Scope of Application  iii Rights and Obligations Derived from the Right to Nationality  1 Negative and Positive Obligations  2 Transversal Obligations  2.1 Prohibition of Discrimination  2.2 The Prohibition of Arbitrariness and the Question of Proportionality  2.3 The Duty to Prevent and Reduce Statelessness  3 Obligations Regarding the Acquisition of Nationality  3.1 Right of the Child to Acquire a Nationality  3.2 Acquisition of Nationality by Stateless Persons and Refugees  3.3 Acquisition in Situations of State Succession  3.4 Prohibition of Extraterritorial Naturalizations  3.5 Prohibition of Forced Naturalization  3.6 Right to Naturalization  4 Obligations Regarding the Effective Enjoyment of Nationality  5 Obligations Regarding Change of Nationality  5.1 The Right to Change One’s Nationality  5.2 The Right to Renounce One’s Nationality  5.3 A Right to Dual or Multiple Nationality?  6 Obligations Regarding Involuntary Loss of Nationality  6.1 The Prohibition of Arbitrary Deprivation of Nationality  6.2 Prohibition of Deprivation of Nationality of Children  6.3 Prohibition of Mass Deprivation of Nationality  7 Obligations Regarding the Procedure  7.1 Access to the Procedure  7.2 Due Process  7.3 Right to Review  iv Lawful Interference with the Right to Nationality?  1 Legality of Interference  2 Legitimacy of Interference  3 Balancing of the Interests  v Enforceability and Implementation of the Right to Nationality  vi Conclusion: Identifiable and Predictable Rights and Obligations 6 An Individual Right Realizing the Right to Citizenship  i The Need to Strengthen the Right to Citizenship  1 The Limitations of Birthright-Based Modes of Citizenship Acquisition  2 The Claim for Political Participation and Representation  3 The Exclusionary Effects of Citizenship  4 The Individual Rights’ Dimension  ii Jus Nexi – a Genuine-Connection Principle for Citizenship Acquisition  1 Theoretical Foundations of the Concept of Jus Nexi  2 From ‘Private Life’ and ‘One’s Own Country’ to Jus Nexi  2.1 The Right to Private Life and the Concept of Social Identity  2.2 The Right to Enter One’s Own Country  3 Connecting Factors for a Jus Nexi  3.1 Territorial Ties  3.2 Familial Ties  3.3 Social, Professional, Cultural or Political Ties  4 A Dynamic and Non-exclusive Concept  iii Linking Jus Nexi and the Right to Citizenship  iv The Implications of a Jus Nexi-Based Right to Citizenship  1 Scope of a Jus Nexi-Based Right to Citizenship  2 Content of a Jus Nexi-Based Right to Citizenship  2.1 The Right to Acquire Citizenship at Birth  2.2 The Right to the Citizenship of a Specific State  2.3 The Right to Dual and Multiple Citizenship  2.4 Limitations upon Involuntary Loss of Citizenship  3 Legitimate Interferences — Balancing a Jus Nexi-Based Right to Citizenship  v Conclusion: Strengthening the Right to Citizenship 7 Conclusion Bibliography Table of Other Materials Table of Cases Index

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Book Synopsis

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Book SynopsisAfrica and the Universality of Human Rights offers a succinct but comprehensive treatment of the human rights systems and machinery applicable in Africa. It consolidates a wide range of materials and sources in a comprehensive way that will be of value to teachers, students, scholars and activists. It makes clear that, notwithstanding difficulties experienced on the ground, African governments, peoples, and institutions together have repeatedly expressed their commitment to the universality of human rights, the corner-stone of the contemporary international order.Table of ContentsForeword Preface Abbreviations 1 Introduction  1.1 Introduction  1.2 Corner Stones  1.3 The Peace Architecture of the African Union  1.4 Conclusion 2 Africans Who Shaped Universality  2.1 Introduction  2.2 The Development of Universal Norms  2.3 Self-Determination and the Quest for Justice  2.4 Equality and Non-discrimination  2.5 Universal Implementation of Human Rights  2.6 Conclusion 3 Africa, the United Nations and the Universality of Human Rights  3.1 Introduction  3.2 Obligations under International Law, the Charter and the Universal Declaration  3.3 Universality as an Idea, a Goal, and a Normative Concept  3.3.1 Universality as a Goal  3.3.2 Universality as a Normative Concept  3.4 The Bases of Universality  3.4.1 African States’ Participation in UN Organs, such as the Human Rights Council and Its Universal Periodic Review  3.4.2 Constitutional Dimension  3.4.3 Legislative Dimension  3.4.4 Judicial Dimension  3.4.5 Institutional Dimension  3.4.5.1 Monitoring Dimension  3.4.6 Cooperation under UN Human Rights Treaties  3.5 The Jurisprudence of the International Court of Justice Applicable to all Countries, Including in Africa  3.5.1 Obligations Erga Omnes  3.5.2 Jus Cogens  3.5.3 Protection of the Right to Life  3.5.4 Protection of the Environment  3.5.5 The Legality of Nuclear weapons  3.5.6 The Principle of the Non-use of Force  3.5.7 Self-Determination  3.5.8 Prevention of Genocide  3.5.9 The Jurisprudence of UN Human Rights Treaty Bodies  3.6 Conclusion 4 The African Commission and Court on Human and Peoples’ Rights  4.1 Introduction  4.2 The African Human Rights Commission and the Universality of Human Rights  4.2.1 Protection of the Right to Life: Noah Kazingachire, John Chitsenga, Elias Chemvura and Batanai Hadzisi v. Zimbabwe  4.2.2 Freedom from Torture: Gabriel Shumba v. Zimbabwe  4.2.3 The Right to Liberty and Freedom from Torture: Abdel Hadi, Ali Radi and Others v. Republic of Sudan  4.2.4 The Right to a Fair Trial: Hargewoin Gabre-Selassie and ihrda (on Behalf of Former Derge Officials v. Ethiopia  4.2.5 The Independence of the Judiciary: Tsatsu Tsikata v. Republic of Ghana  4.2.6 The Right to Property: Dino Noca v. Democratic Republic of the Congo  4.3 The African Human Rights Court and the Universality of Human Rights  4.4 The African Protection Concept  4.4.1 General Obligation of the State to Respect, Protect, Promote and Fulfil Rights  4.4.2 The Principle of Subsidiarity and the Margin of Appreciation  4.4.3 The Responsibility to Protect  4.4.4 The Responsibility to Prevent  4.4.5 The Right to a Clean Environment  4.4.6 The Right to Development  4.5 Conclusion 5 The African Union  5.1 Introduction  5.2 African Charter on Democracy, Elections and Governance  5.2.1 Democracy, Rule of Law and Human Rights  5.2.2 A Culture of Democracy and Peace  5.2.3 Democratic Institutions  5.2.4 Democratic Elections  5.2.5 Political, Economic and Social Governance  5.2.6 Enforcement  5.2.7 Protocol Relating to the Establishment of the Peace and Security Council of the African Union  5.2.8 Preventive Diplomacy  5.4 Conclusion 6 Sub-regional Institutions and Courts  6.1 Introduction  6.2 ecowas Protocol on Democracy and Good Governance (2001)  6.3 ecowas and East African Community Courts of Justice  6.3.1 ecowas Community Court of Justice  6.3.2 East African Community and the East African Court of Justice  6.4 igad: Democracy, Governance, Elections, Early Warning  6.5 sadc: Southern African Development Community and eccas: Economic Community of Central African States  6.5.1 sadc Tribunal  6.5.2 eccas: Economic Community of Central African States  6.5.3 eccas: Economic Community of Central African States  6.6 Conclusion 7 National Human Rights Institutions and Courts  7.1 Introduction  7.2 African National Human Rights Institutions (anhri s)  7.3 South African Constitutional Court  7.3.1 Supreme Court of Kenya  7.3.2 Constitutional Court of Malawi  7.4 Conclusion 8 Civil Society  8.1 Introduction  8.2 Kampala Declaration of Human Rights Defenders (2009); Kampala Plan of Action for Human Rights Defenders (2019)  8.3 Harare Declaration of Human Rights 1989  8.4 Civil Society  8.4.1 The Elders’ Global Commission on Elections, Democracy and Security  8.4.2 Electoral Institute for Sustainable Democracy in Africa  8.5 Publicists  8.5.1 An Akan Perspective on Human Rights  8.5.2 The Akan Conception of a Person  8.5.3 The Akan Political System  8.5.4 Rights of Political Participation  8.5.5 The Right to a Fair Trial  8.5.6 The Right to Land  8.5.7 Religious Freedom  8.5.8 African Ubuntu on Human Rights  8.6 Conclusion 9 Conclusion  9.1 Introduction  9.2 Grand Bay Declaration  9.3 Algiers Declaration  9.4 Conclusion Annex i: African Charter on Human and Peoples’ Rights (Banjul Charter, 1981) Annex ii: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Annex iii: African Charter on the Rights and Welfare of the Child Annex iv: Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights, 1998 Annex v: au, African Charter on Democracy, Elections and Governance (2007) Annex vi: ecowas Protocol on Democracy and Good Governance (2001) Annex vii: oau Convention Governing the Specific Aspects of Refugee Problems in Africa Annex viii: UN Human Rights Committee General Comment [No. 29] on Article 4 of the iccpr: States of Emergency Bibliography Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.Table of ContentsAcknowledgements Abbreviations and Acronyms Table of Materials Introduction 1 The Need to Provide International Protection to Persons Mobile in the Context of Disasters and Climate Change  1 Human Mobility in the Context of Disasters and Climate Change as a Complex Problem  2 International Protection as a Solution  2.1 The Notion of International Protection in International Law  2.2 Conceptualising the International Protection of Persons Mobile in the Context of Disasters and Climate Change  3 Towards International Protection: The Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration  3.1 The Notion of a Global Compact  3.2 International Protection and the Global Compact on Refugees  3.3 International Protection and the Global Compact for Safe, Orderly and Regular Migration  3.4 Future Implications  4 Conclusion 2 Mapping the Legal Gaps  1 Relevant International Treaty Regimes  1.1 International Refugee Regime  1.2 International Climate Change Regime  1.3 International Desertification Regime  1.4 International Labour Regime  1.5 International Trade Regime  1.6 International Human Rights Regimes  2 Relevant International Rules and Principles  2.1 Non-refoulement  2.2 Protection in the Event of Displacement  2.3 Protection in the Event of Disasters  3 A Novel Challenge: Sea-Level Rise and International Law  4 Conclusion 3 Legal Gaps in Action – Insights from the Pacific Island States  1 Setting the Scene  2 Human Mobility in the Context of Disasters and Climate Change in the Region  2.1 Comparing the Pathways for Inter- and Intra-regional Movement  2.2 The Prospects for a ‘Regional’ Approach to Human Mobility: pacer Plus, Free Movement and Labour Mobility  3 Learning from the Domestic Approaches to Protection  3.1 The Notion of Planned Relocation and the Pacific Island States  3.2 Planned Relocation Policy of Vanuatu  3.3 Planned Relocation Policy of Fiji  4 Conclusion 4 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Community Interest  1 The Theory of Community Interests in International Law  1.1 Revival and Content  1.2 Legal Effects: Obligations Erga Omnes as a Reflection of Community Interests  2 Application of a Community Interest Approach: Towards an Obligation Erga Omnes to Protect Persons Mobile in the Context of Disasters and Climate Change  2.1 Identification  2.2 Pathways to Using the Existing Procedural Aspects of International Law  2.3 Pathways to Using the Follow-Up and Review Mechanisms of the Global Compact for Migration and the Global Compact on Refugees  3 Conclusion 5 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Common Concern of Humankind  1 The Theory of the Common Concern of Humankind in International Law  1.1 Emergence and Expressions  1.2 Legal Effects: Treaty Regimes as a Reflection of Common Concerns  2 The Application of a Common Concern Approach: Towards a New Treaty Regime  2.1 A Novel Duty to Cooperate  2.2 A Novel Duty to Act  3 Conclusion Conclusion Summary and Outlook  1 International Protection and Human Mobility in the Context of Disasters and Climate Change  2 Lessons Learnt about Community Interests and Common Concerns  3 Outlook Bibliography Index

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Book SynopsisWhat is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.Table of ContentsForeword Introduction  Claude Gélinas, Sébastien Lebel-Grenier and Raphaël Mathieu Legault-Laberge The Pachamama, the Trojan Horse of an Indigenous Ontological Diplomacy at the Convention of Biological Diversity?  Ingrid Hall Spiritual, Religious or Cultural? Religion and Sámi Human Rights in the Nordic Countries  Helge Årsheim Indigenous Religious Rights in India  Virginius Xaxa Australia Has Failed to Protect the Religious Rights of Its Indigenous People  Ernst Willheim Kanak Custom and Ancestral Culture in Colonial Context  François Féral The Ainu Struggle for Sovereignty and Religious Freedom  Takeshi Kimura Indigenous Religious Rights in the United States  Allison M. Dussias The Colonial Overtones of Indigenous Religious Rights in Canada  Claude Gelinas The Fundamental Right to Freedom of Religion for Indigenous Peoples in Chile: Intersections with Territorial Rights and Cultural Integrity  Leslie Cloud Exploring the Historical Impact of Colonialism on Indigenous Religious Rights in Nigeria  Abiodun Akeem Oladiti Recognition and Denial of Indigenous Religious Rights in East and Central Africa  Guy Bucumi Indigenous Religious Rights in Taiwan: The Invisibility of Animism in Modern State Law  Scott Simon Integration or Separation? Religious Freedom in Post-Authoritarian Indonesia:The Case of the Indigenous Kaharingan Religion in Central Kalimantan  Mirza Satria Buana From Marginalisation to Self-determination: The Long Walk of First Nations’ Religious Rights in Bolivia  Raphaël Mathieu Legault-Laberge Index

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