Public international law: human rights Books

Book SynopsisUsing the metaphor of 'constitutional space', this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom. Contributors include: P.T. Babie, R. Barker, A.P. Bhanu, A. Deagon, C. Evans, J. Forrester, N. Foster, M. Fowler, J. Harrison, M. Hill, J. Neoh, E.U. Ochab, J. Patrick, C. Read, N.G. Rochow, V.-I. Savic, B.G. Scharffs, P. Taylor, P. XiongTrade Review'Freedom of Religion or Belief is an exceptional contribution to the important debate over the potential conflicts between the freedom of religion and belief and other important freedoms. The book does a beautiful job of balancing chapters that explore the nature and importance of religious freedom and those that address the problems that can arise when religious freedom conflicts with the rights of others. Significantly, the book as a whole shows that these conflicts can be navigated without destroying religious freedom or other important freedoms.' --Frank S. Ravitch, Michigan State University, US'In this book, an impressive international cast of scholars provides an informative look at the protections for religious freedom in a variety of legal systems worldwide, together with a probing consideration of contemporary challenges to this freedom. The book constitutes a valuable contribution to the global discussion of the ''first freedom''.' --Steven Smith, University of San Diego, USTable of ContentsContents: 1 Creating and conserving constitutional space 1 Paul T. Babie, Neville G. Rochow QC and Brett G. Scharffs PART I THE CONCEPT OF CONSTITUTIONAL SPACE AND FREEDOM OF RELIGION OR BELIEF 2 Religious freedom as an element of the human rights framework 20 Carolyn Evans and Cate Read 3 The problem and the promise of religious liberty 40 Joel Harrison 4 ‘A la carte’ spirituality and the future of freedom of religion 58 Jeremy Patrick 5 Towards a constitutional definition of religion: challenges and prospects 92 Alex Deagon 6 Freedom of religion without a bill of rights: Australia’s peculiar approach to tackling freedom of religion and other human rights issues 109 Renae Barker 7 The effect of s 116 of the Australian Constitution on the implied freedom of political communication 131 Joshua Forrester 8 Conceptualising reasonable accommodation 164 Brett G. Scharffs vi Freedom of religion or belief 9 Protection of religious freedom under Australia’s amended marriage law: constitutional and other issues 184 Neil Foster 10 Identifying faith-based entities for the purposes of antidiscrimination law 207 Mark Fowler PART II COMPARATIVE PERSPECTIVES 11 Reconciling democracy and human rights: implementing the expressive freedoms of the International Covenant on Civil and Political Rights in Australian law 232 Paul M. Taylor 12 It works better if it is not too secularised: the Croatian constitutional model for regulating state–church relations 260 Vanja-Ivan Savić 13 Locating freedom of religion within the qualified rights of the European Convention on Human Rights and in the jurisprudence of Strasbourg 283 Mark Hill QC 14 The Iraqi constitutional failure to protect the right to freedom of religion or belief 298 Ewelina U. Ochab 15 An assessment of the constitutional space for secularity and equality in India 319 Arvind P. Bhanu 16 The development trend concerning administration of religion and religious affairs in China 339 Ping Xiong 17 Apostasy and freedom of religion in Malaysia 363 Joshua Neoh Index 387

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Book SynopsisThis timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a new understanding of the positive obligations inherent in the right to health.Combining human rights law, public health and social theory, Eduardo Arenas Catalán demonstrates that when interpreted in line with the principle of solidarity, the right to health should be viewed as a non-commercial right. Arenas Catalán argues that the right to health's functions are to challenge the commodification of healthcare and to advance free-of-charge public healthcare services. Moreover, through a critical analysis of classical jurisprudence concerning the right to health, the book delivers a searing indictment of the effects of neoliberal capitalism and commercialization on human rights.This thought-provoking book will be of interest to scholars and students of law, in particular international human rights law, public international law and legal theory, as well as social and public health researchers and students. Policy makers and legal practitioners will also find its original analysis of solidarity in the context of human rights and the law useful.Trade Review'In this compelling study of the human right to health, Eduardo Arenas Catalán moves beyond a common focus on access to care enforced by judges, indicting failures to challenge commercialization of life itself in our time. The results convincingly situate extant doctrine and jurisprudence, whether from international law and national settings, within an ambitious agenda of making social rights more genuinely solidaristic.' -- Samuel Moyn, Yale University, USTable of ContentsContents: Preface 1. Human rights and commercialization 2. The predominant interpretation of the right to health 3. Solidarity and health 4. The right to health as a social right 5. The adjudication of the right to health 6. Solidarity and the right to health: provision and financing of healthcare 7. Conclusions Bibliography Index

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Book SynopsisThis essential Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda.The Research Handbook first examines governance initiatives that operate across economic sectors, discussing both public and private initiatives at state, regional and international levels that seek to develop, implement and enforce rules with regard to the impacts of transnational business activities on human rights. Chapters then investigate particular economic sectors – including textiles, electronics, agro-chemical, construction, and finance – to assess the ways in which different initiatives attempt to mitigate risks and address business-related human rights abuses.Scholars of law, regulatory governance, global governance, management, human rights and social sciences who are interested in gaining a deeper understanding of the emerging business and human rights regime will find this Research Handbook a crucial read. It will also prove a useful and thorough introduction for students, scholars and practitioners new to the field of business and human rights.Trade Review‘The chapters in this Handbook present a comprehensive and sophisticated analysis of the wide-ranging initiatives of non-state actors to improve the human rights performance of global firms. An impressive and informative collaborative effort by two dozen distinguished scholars that tells us both what we now know and what we still need to learn about this important subject.’ -- David Vogel, University of California, Berkeley, US‘A remarkable work with an impressive line-up of experts from different fields which provides an in-depth analysis of a wide range of issues pertaining to the field of business and human rights. A must read for anyone interested or working in the field!’ -- Claire Bright, NOVA School of Law, PortugalTable of ContentsContents: 1 Global governance of business and human rights: introduction 1 Axel Marx, Kari Otteburn, Diana Lica, Geert van Calster and Jan Wouters 2 The United Nations Draft Treaty on Business and Human Rights: an analysis of its emergence, development and potential 21 Radu Mares 3 Business and human rights and regional systems of human rights protection: applying a governance lens 44 Claire Methven O’Brien 4 The United Nations Guiding Principles on Business and Human Rights: what contribution are the National Action Plans making? 75 Carmen Márquez Carrasco 5 Transparency and human rights in global supply chains: from corporate-led disclosure to a right to know 99 Olga Martin-Ortega 6 Human rights due diligence instruments: evaluating the current legislative landscape 120 Robert McCorquodale 7 Public procurement as an instrument to pursue human rights protection 142 Sope Williams-Elegbe 8 Voluntary standards for business and human rights: reviewing and categorizing the field 161 Andreas Rasche 9 The efficacy of voluntary standards, sustainability certifications, and ethical labels 176 Elizabeth A. Bennett 10 No ISO fix for human rights: a critical perspective on ISO 26000 guidance on social responsibility 204 Stéphanie Bijlmakers 11 Seeking remedies for corporate human rights abuses: what is the contribution of OECD National Contact Points? 228 Kari Otteburn and Axel Marx 12 Business and human rights: what role for National Human Rights Institutions? 253 Linda C. Reif 13 The role of Human Rights Ombudsman Institutions in business and human rights 273 Jernej Letnar Černič 14 Regulating human rights in the textile sector: smoke and mirrors 290 Justine Nolan 15 The electronics industry: governance of business and human rights against a background of complexity 311 Peter Pawlicki 16 Biotechnologies and concentration in the agro-biochemical-technological market: risks and challenges for human rights 333 Ana Luiza da Gama e Souza 17 Human rights and the global construction sector: deconstructing the challenges faced by low-wage workers 357 David Segall 18 Ensuring financial sector compliance with human rights: from the UNGPs to complicity 379 Marta Bordignon Index

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Book SynopsisProviding detailed and comprehensive coverage of the transitional justice field, this Research Handbook brings together leading scholars and practitioners to explore how societies deal with mass atrocities after periods of dictatorship or conflict. Situating the development of transitional justice in its historical context, social and political context, it analyses the legal instruments that have emerged. The Research Handbook is extensive in scope, with chapters discussing the concepts, actors, mechanisms and practices of transitional justice. They address the challenges of implementing a range of transitional justice mechanisms, including methods of truth recovery, criminal trials and reparation and lustration programmes. Going a step further, this book also expands the gaze of transitional justice to include underexplored areas, such as art and transitional justice, media and transitional justice and unique international case studies, such as Cambodia and Palestine. Timely and thought provoking, the Research Handbook on Transitional Justice will be of interest to both scholars and students, particularly those working in the areas of transitional justice and peace-building. It will also prove a valuable reference tool for practitioners of transitional justice and international criminal justice, helping to inform best practice.Contributors: A. Breslin, B.C. Browne, A. Davidian, S. Dezalay, P.J. Dixon, A. Fichtelberg, L.E. Fletcher J. Gallen, T. Hadden, T.O. Hansen, C. Harwood, R. Hodzic, C.M. Horne, E. Kenney, R. Killean, C. Lawther, P. McAuliffe, F. Mégret, L. Moffett, C. O'Rourke, J.R. Quinn, N. Roht-Arriaza, M. Schkolne, D.N. Sharp, L. Stan, D. Tolbert, C. Turner, R. Vagliano, H. van der Merwe, H.M. WeinsteinTrade Review'This is an exciting time to be working in transitional justice as is confirmed by this Research Handbook. This collection draws from a rich breadth of diverse settings, a broad interdisciplinary range of literature and offers a reflective, critical and persuasive overview of many of the key debates in the field. It is an excellent volume which will do much for both the thinking in and the doing of transitional justice. The editors and contributors are to be congratulated for such fine work.' --Kieran McEvoy, Queen's University Belfast, UKTable of ContentsContents: Foreword William Schabas Introduction – Researching Transitional Justice: The Highs, the Lows and the Expansion of the Field Cheryl Lawther and Luke Moffett Part I: The Concept(s) of Transitional Justice 1. The Development of Transitional Justice Joanna R. Quinn 2. The Time and Space of Transitional Justice Thomas Obel Hansen 3. Transitional Justice and Critique Catherine Turner 4. Transitional Justice’s Impact on Rule of Law: Symbol or Substance? Padraig McAuliffe 5. Transitional Justice and Human Rights Frédeéric Mégret and Raphael Vagliano 6. Transitional Justice and Gender Catherine O’Rourke 7. Transitional Justice and ‘Local’ Justice Dustin N. Sharp 8. Transitional Justice and Development Peter J. Dixon Part II: The Actors of Transitional Justice 9. The United Nations and Transitional Justice Alison Davidian and Emily Kenney 10. The Role of International NGOs in the Emergence of Transitional Justice: A case study of the International Center for Transitional Justice Sara Dezalay 11. The Role of Local Civil Society in Transitional Justice Hugo van der Merwe and Maya Schkolne 12. Transitional Justice and the ‘Plight’ of Victimhood Laurel E. Fletcher and Harvey M. Weinstein 13. Art and Transitional Justice: The 'Infinite Incompleteness' of Transition Andrea Breslin 14. Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship Refik Hodzic and David Tolbert Part III: The Mechanisms of Transitional Justice 15. The International Criminal Court: In the Interests of Transitional Justice? James Gallen 16. Transitional Justice and the End of Impunity: Hybrid tribunals Aaron Fichtelberg 17. Transitional Justice and Truth Commissions Cheryl Lawther 18. Transitional Justice and Amnesties Tom Hadden 19. Transitional Justice and Reparations: Remedying the Past? Luke Moffett 20. Contributions of International Commissions of Inquiry to Transitional Justice Catherine Harwood 21. Transitional Justice: Vetting and Lustration Cynthia M. Horne Part IV: The Practice of Transitional Justice 22. Guatemala: Lessons for Transitional Justice Naomi Roht-Arriaza 23. Pursuing Retributive and Reparative Justice within Cambodia Rachel Killean 24. Transitional Justice and the Case of Palestine Brendan Ciarán Browne 25. Transitional Justice in Central and Eastern Europe Lavinia Stan Index

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Book SynopsisProviding up-to-date discussions of both evolving and novel debates in human rights law and humanitarian law, this timely new edition of the Research Handbook on Human Rights and Humanitarian Law complements, rather than replaces, its predecessor with fresh perspectives from leading scholars on the controversial and crucial topics within these fields.Examining the application of international law to armed conflict situations, contributors present contemporary reflections on a variety of issues that have evolved and emerged in recent years. Chapters integrate a multitude of converging and diverging perspectives on international law in armed conflict, giving voice to stakeholders from academic, humanitarian, judicial, and military backgrounds. Grounded in the results from extensive cutting-edge research on various topics pertaining to the interplay between human rights law and humanitarian law, this Research Handbook illuminates the role of international law in topics such as counterterrorism, tribunals, detention and detainee transfer, sexual and gender-based violence, and torture.Breaking down major and recent international and domestic jurisprudence in an accessible format, this Research Handbook will prove invaluable to students and scholars of human rights and international humanitarian law. With practical examples, it will also act as a useful reference guide to practitioners and humanitarian workers in the field.Trade Review‘An essential Research Handbook examining some of the most relevant contemporary legal problems, assembling some of the leading figures in the field.’ -- Marko Milanovic, University of Nottingham, UKTable of ContentsContents: Introduction to the Research Handbook on Human Rights and Humanitarian Law 1 Robert Kolb, Gloria Gaggioli and Pavle Kilibarda PART I CONVERGING AND DIVERGING PERSPECTIVES SECTION A ACADEMIC PERSPECTIVES 1 Co-application and harmonization of IHL and IHRL: are rumours about the death of lex specialis premature? 9 Yuval Shany 2 Are IHL and HRL still two distinct branches of public international law? 29 Vaios Koutroulis 3 Treaty interpretation: international humanitarian law and international human rights law 57 Eirik Bjorge 4 The principles of military necessity and humanity in light of international human rights law 76 Marco Pedrazzi SECTION B MILITARY PERSPECTIVES 5 UN peace operations, international humanitarian law and international human rights law 91 Marten Zwanenburg 6 Private military and security companies under international humanitarian law and human rights law 111 Marie-Louise Tougas 7 Naval warfare: a role for international human rights law? 131 Wolff Heintschel von Heinegg 8 NATO, self-defence and its interplay with international humanitarian law and human rights law 144 Camilla Guldahl Cooper SECTION C JUDICIAL PERSPECTIVES 9 The International Court of Justice, international humanitarian law and human rights law 168 Pavle Kilibarda and Robert Kolb 10 Human rights bodies: a comparative approach 188 Walter Kälin and Jörg Künzli 11 International criminal courts and tribunals 209 Yasmin Naqvi SECTION D HUMANITARIAN PERSPECTIVES 12 Developing and clarifying international humanitarian law: the role and legacy of the ICRC 240 Knut Dörmann and Andrea Raab 13 International human rights law and non-State armed groups: The (de) construction of an international legal discourse 265 Ezequiel Heffes PART II CONTEMPORARY ISSUES: CAPITA SELECTA SECTION E OLD TOPICS, NEW CONCERNS 14 The use of less-lethal weapons for law enforcement during armed conflict 290 Stuart Casey-Maslen, Christof Heyn and Thomas Probert 15 What role for IHL and HRL in the fight against terrorist networks? 309 Gloria Gaggioli and Ilya Sobol 16 Investigations in armed conflict 340 Claire Simmons 17 Taking the next steps on sexual and gender-based violence in international humanitarian law: embracing complementarity and mainstreaming gender 362 Helen Durham and Vanessa Murphy SECTION F FUNDAMENTAL RIGHTS 18 Partnering in detention and detainee transfer operations 387 Tilman Rodenhäuser 19 Non-discrimination under international humanitarian law and human rights law 411 George Dvaladze 20 Torture and other cruel, inhuman or degrading treatment or punishment in international law: towards a generic definition? 436 Pavle Kilibarda 21 The rights to privacy and data protection under international humanitarian law and human rights law 463 Asaf Lubin List of treaties 493 List of cases 496 Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us. Trade Review'This book offers a compelling introduction to human dignity, the organizing constitutional idea of the postwar era. Reaching beyond western religion, philosophy, and constitutional law, May and Daly expound an idea that is global in its reach and transformative in its ramifications. This book will be of interest to anyone seeking to understand what a legal order that lived up to the demands of human dignity might look like.' --Jacob Weinrib, Queen's University Faculty of Law, Canada'This book is a very complete contribution to the meaning of dignity seen as a universal value and right, with important insights on legal doctrine and policies all over the world. It demonstrates that, inherent to all of us, dignity implies that every single human being must always be treated as a person.' --Paul Cassia, University of Paris 1 Panthéon-Sorbonne, France'With this Advanced Introduction to Human Dignity and Law, Professors James R. May and Erin Daly deliver a global perspective on this ''very important idea''. A mine of legal materials gathered from around the world, this volume brings together essential knowledge on human dignity in a concise and engaging manner. Buzzing with energy, Professor May and Professor Daly's Advanced Introduction is a must read for all those promoting dignity rights, as well as all those curious about the great adventure of humanity and democracy.' --Catherine Dupré, University of Exeter, UKTable of ContentsContents: 1. A very brief overview of a very important idea 2. Dignity and Human Rights 3. An Emerging Overlapping Consensus on the Meaning of Dignity Under Law 4. The Value of A Life: Intrinsic Worth, Agency, and Autonomy 5. The Life of the Mind: Intellectual and Emotional Integrity 6. Living With Dignity 7. Towards a Democratic Theory of Dignity Index

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Book SynopsisThis collection identifies and discusses the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into uses of human dignity to promote and challenge ideas of identity and solidarity. Highlighting human dignity’s significance for inclusive democracy, the book’s thirteen chapters underline how threats to human dignity can also be a danger to democracy itself. Critical analysis of the commitment to protect the dignity of all human beings following the rise of nationalism, illiberalism and identity politics are thoroughly reviewed. The volume further addresses urgent questions about today’s democratic societies in the context of Europe’s multiple crises. Written in an accessible style, this innovative book will be an excellent resource for both scholars of human dignity and human rights law, European law and politics, as well as non-experts looking to further their understanding of the topic. Trade Review‘Dignity and democracy are preferred topics of comparative constitutional research. But surprisingly enough, the connections between the two concepts have not yet been explored in academic writing. This book puts an end to that situation and opens a new perspective on two pillars of modern constitutionalism.’ -- Dieter Grimm, Humboldt University Berlin and Former Justice, Federal Constitutional Court of Germany‘An ambitious and successful effort to move the focus on constitutional democracy from citizens to human flourishing. Human Dignity and Democracy in Europe highlights the democratic and constitutional commitments to creating regimes that allow all residents to see themselves as involved in common public projects, and the threats to such commitments presented by the rise of illiberal constitutionalism, austerity, and COVID-19.’ -- Mark Graber, University of Maryland, US‘The legal relevance of dignity is challenged at a time of democratic backlash, identitarian crisis and exclusionary politics. The authors of this volume argue that dignity is both the pre-condition and ultimate aim of European democracy. They provide a balanced and realistic approach to the practical uses of dignity in law in Europe and elsewhere.’ -- András Sajó, Central European University, Hungary/Austria‘This valuable book, Human Dignity and Democracy in Europe, explores the connections between dignity and democracy, a topic that has not received much scholarly attention. Including contributions from academics of varying backgrounds who are experts in this field, it brings together a range of perspectives and offers impressive insights into this highly significant area, of especial value at the present time when in some Council of Europe states, such as Hungary, both democracy and dignity appear to be coming under threat.’ -- Helen Fenwick, Durham University, UKTable of ContentsContents: Introduction to Human Dignity and Democracy in Europe 1 Daniel Bedford and Catherine Dupré PART I THEORETICAL FRAMEWORKS 1 Judicial activity/democratic activity: the democratising effects of dignity 19 Erin Daly 2 Human dignity and democracy in Europe: commitments, connections and red lines 36 Catherine Dupré 3 Subsidiarity and human dignity: democracy, authority and knowledge 60 Stephen Riley 4 Democratic transformations in the United Kingdom: the potential of human dignity 77 Daniel Bedford PART II IDENTITY 5 On the dilemma between human dignity and national identity 103 Cesare Pinelli 6 Human dignity as status politics 119 Stéphanie Hennette-Vauchez 7 The right to citizenship and human dignity 137 Maria Dicosola 8 Discourses of collective dignity, the state of exception and the twilight of the rule of law: the case of Poland and beyond 155 Przemyslaw Tacik PART III SOLIDARITY 9 The decline of human dignity and solidarity through the misuse of constitutional identity: the case of Hungary since 2010 177 Gábor Halmai and Nóra Chronowski 10 Bringing human dignity back to life: the case of austerity measures in a comparative perspective 200 Antonia Baraggia 11 Dignity at the margins: the contestatory dynamic of the principle of human dignity 225 Cólm Ó Cinnéide Conclusion: human dignity and the future of European democracy 248 Gábor Halmai and Panos Kapotas Index

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Book SynopsisAlthough child soldiers have received considerable media and policy attention, they remain poorly understood and inadequately protected. This Research Handbook addresses this troubling gap by offering a reflective and nuanced review of the complex issue of child soldiering. Containing original contributions from leading experts in many disciplines working across six continents, this comprehensive Handbook showcases diverse experiences and unique perspectives. The Handbook unpacks the life-cycle of youth and militarization: from recruitment, to demobilization, and return to civilian life. Challenging prevailing assumptions and conceptions, this uplifting Handbook focuses on the child soldier's capacity to cope with adversity. In so doing, it emphasizes the resilience, humanity and potential of children affected - rather than 'afflicted' - by armed conflict. The Research Handbook on Child Soldiers will be of interest to academics, practitioners and activists alike, with its extensive incorporation of cutting-edge fieldwork and the voices of the children themselves. Promoting equity between generations, this Handbook will also appeal to individuals from many walks of life who are concerned with the rights of the child in times of conflict, peace, and the in-between.Trade Review'The Research Handbook on Child Soldiers is well balanced, and is less on abstractions and philosophizing, and more on offering erudite principle based solutions in respect of our efforts to conceptualise and understand child soldiers across disciplinary and professional divides. True to form, it also charts the way forward as the international community grapples with the ever changing nature of conflict. This book is not so much an idea whose time has come as it is an idea whose time is long overdue in coming.' --Benyam Mezmur, University of the Western Cape, South Africa'For this Research Handbook, Mark Drumbl and Jastine Barrett have assembled an array of scholars, drawn from six continents, and expert in multiple fields of law, humanities, and social sciences. Their writings deploy methodologies as varied as empirical study and doctrinal analysis in order to examine situations of armed conflict and other systemic violence, across a temporal spectrum of past, present, and future. Together, these contributions place this exciting volume at the vanguard of scholarship on child soldiers.' --Diane Marie Amann, University of Georgia, School of Law, US'This Research Handbook of vivid research on child soldiers memorably exposes how some youth engaged in armed conflicts forget they are still children. Contributors from six continents bring rich expertise in law, sociology, ethnography, social work, psychology, political science, criminology, medical anthropology, and literary analysis to the cultural and political contexts for recruiting minors by armed groups and by national military organizations. Beyond dominant images of child soldiers as either merely passive victims or as violent terrors, the authors point toward legal and cultural reforms with the further caution against doing further harm.' --Martha Minow, Harvard University, USTable of ContentsContents: Preface Introduction Mark A. Drumbl and Jastine C. Barrett PART I THE CONCEPT AND CONSTRUCTION OF THE CHILD SOLDIER 1. In Search of the Lost Kingdom of Childhood Mohamed Kamara 2. Challenges for the Protection of Child Victims of Recruitment and Use in an Era of Complex Armed Conflicts: The Colombian Case Ana María Jiménez 3. The Construction of Gender in Child Soldiering in the Special Court for Sierra Leone Valerie Oosterveld 4. ‘We Were Controlled, We Were Not Allowed to Express Our Sexuality, Our Intimacy Was Suppressed’: Sexual Violence Experienced by Boys Omer Aijazi, Evelyn Amony and Erin Baines 5. Getting Tambo Out of Limbo: Exploring Alternative Legal Frameworks that are More Sensitive to the Agency of Children and Young People in Armed Conflict Karl Hanson and Christelle Molima 6. This is Belonging: Children and British Military Recruitment Rhys Crilley PART II CONDUCT: AGENCY, CAPACITY AND RESILIENCE 7. Child Soldiers in Historical and Comparative Perspective: Creating a Space for Data-Driven Analysis David M. Rosen 8. The Voiceless Child Soldiers of Afghanistan Anicée Van Engeland 9. Weaponizing the Weak: The Role of Children in Terrorist Groups Mia Bloom 10. Retracing the Journey of Child Soldiers and Looking for the Path to Return Them Home: A Report from Southern Philippines David N. Almarez, Ajree D. Malawani, Sittie Akima A. Ali, Princess Mae S. Chua and Primitivo C. Ragandang III 11. Children Born of Conflict-Related Sexual Violence within Armed Groups - A Case Study of Northern Uganda Myriam Denov 12. Social Reintegration Following Armed Conflict in Northern Uganda: How Former Child Soldier Young Mothers Use Symbolic Tools Fiona Shanahan and Angela Veale PART III ENCOUNTERS WITH THE LAW 13. The Regional African Legal Framework on Children: A Template for More Robust Action on Children and Armed Conflict? Godfrey Odongo 14. Minors and Miners: Accountability Beyond Child Soldiering in the Democratic Republic of Congo Sharanjeet Parmar and Yann Lebrat 15. Crimes Committed by Child Soldiers: An Argument for Coherence Nikila Kaushik and Steven Freeland 16. Child Soldiers in International Courtrooms: Unqualified Perpetrators, Erratic Witnesses and Irreparable Victims? Barbora Holá and Thijs B. Bouwknegt 17. Dominic Ongwen on Trial: Problematizing Definitional Boundaries and Exploring the Possibilities of Socialization Carse Ramos 18. Child Soldiers and Asylum – Duality or Dilemma? Joseph Rikhof PART IV AFTERWORLD(S)/AFTERWARDS: TRANSITIONAL JUSTICE AND BEYOND 19. Navigating the Mystical: Child Soldiers and Reintegration Rituals in Northern Uganda Jastine C. Barrett 20. Child Agency and Resistance to Discourses within the Paris Principles in Rehabilitation and Reintegration Processes of Former Child Soldiers in Northern Uganda Grace Akello 21. Children Associated with Boko Haram: Disassociation, Protection, Accountability and Reintegration Stuart Casey-Maslen 22. Do No Harm: How Reintegration Programmes for Former Child Soldiers Can Cause Unintended Harm Michael G. Wessells 23. How to Find the ‘Hidden’ Girl Soldier? Two Sets of Suggestions Arising from Liberia Leena Vastapuu Epilogue Nesam McMillan Index

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Book SynopsisThe Elgar Encyclopedia of Human Rights is the most comprehensive reference work in the field of international human rights protection.Comprising over 340 entries, presented alphabetically, and available online and in print, the Encyclopedia addresses the full range of themes associated with the study and practice of human rights in the modern world. Topics range from substantive human rights to the relevant institutions, legal documents, conceptual and procedural issues of international law and a wide variety of thematic entries. The Encyclopedia has a distinct focus on international human rights law but at the same time is enriched by approaches from the broader social sciences, making it a truly unique and multi-disciplinary resource.The Encyclopedia boasts an incredibly diverse author team, featuring contributions from close to 300 scholars and practitioners from more than 65 countries, representing all regions of the world. Contributors include leading experts in their respective fields - among them current and former UN Special Rapporteurs and Independent Experts, renowned academics, judges of national, international and regional (human rights) courts, members of universal and regional human rights bodies, members of the International Law Commission, as well as legal advisors of foreign offices and international and non-governmental organizations.Key Features: Over 340 entries Entries organized alphabetically for ease of navigation Fully cross-referenced Entries written by practitioners and scholars from around the world World class editorial team

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Book SynopsisThis detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR). Key features include: discussion of the application of social rights in practice examination of the implementation of the RESC in national law a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination. Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists. Trade Review‘The book has the objective to reach “legal and other practitioners, including lawyers, policymakers, academics and human rights activists” (p. xxxll). In my view, due to its concise nature, its accessible language and its informative character, it has reached that objective. The accessibility has in fact been taken a step further by the fact that the book is being offered in open access on the website of the publisher.’ -- Filip Dorssemont Louvain, Common Market Law Review‘The book achieves its aim as phrased in the introductory chapter, which is to contribute to a more comprehensive understanding of the social rights in Europe by state authorities and other human rights contributors, and to bridge the gap between the lack of research on the ESC and the need to enhance the enforcement of social rights. Through its compact format, the book is appropriate for a broad range of professionals working in the field of social rights, not only legal practitioners but also policymakers and officials of state authorities, civil society, and academics.’ -- Effrosyni Bakirtzi, European Journal of Social Security'In recent years, the European Social Charter has become a living instrument of European constitutional law, thanks to the practice of its Committee of Social Rights. This book offers the most complete study to date of the developing law of the Social Charter. Its author, Karin Lukas, is both a recognized scholar of social rights and a member of the Committee during these crucial recent years. She was the right person to produce this study.' -- Bruno De Witte, Maastricht University, the Netherlands and European University Institute Florence, Italy'The European Social Charter is the oldest and most comprehensive social rights treaty instrument in existence. It has generated ground-breaking human rights jurisprudence, but remains little known. Karin Lukas has produced an expert, accessible and comprehensive guide to the Charter, filling a major gap in the human rights literature.' -- Colm O'Cinneide, University College London, UK'We have before us a systematic review of the Council of Europe's Revised Social Charter and its case law. It could hardly have come at a more important moment. Having in place robust social rights protection has shown itself to be paramount in conditions of pandemic, as many like Dr Lukas knew it would be, and will be key to any just recovery. In providing a concise and careful account of the drafting history of the Revised Social Charter and its interpretation to date, Dr Lukas has put her detailed knowledge as President of the European Committee of Social Rights at the service of everyone who wants to understand the role and possibility of social rights in Europe.' -- Margot Salomon, London School of Economics, UKTable of ContentsContents: Foreword by Manfred Nowak Foreword by Giuseppe Palmisano Introduction PART I GENERAL ISSUES REGARDING THE EUROPEAN SOCIAL CHARTER 1. The European Social Charter its history, application, procedures and impact 2. Methodology of the Commentary PART II SUBSTANTIVE PROVISIONS OF THE REVISED EUROPEAN SOCIAL CHARTER Article 1 The right to work Article 2 The right to just conditions of work Article 3 The right to safe and healthy working conditions Article 4 The right to a fair remuneration Article 5 The right to organise Article 6 The right to bargain collectively Article 7 The right of children and young persons to protection Article 8 The right of employed women to protection of maternity Article 9 The right to vocational guidance Article 10 The right to vocational training Article 11 The right to protection of health Article 12 The right to social security Article 13 The right to social and medical assistance Article 14 The right to benefit from social welfare services Article 15 The right of persons with disabilities to independence, social integration and participation in the life of the community Article 16 The right of the family to social, legal and economic protection Article 17 The right of children and young persons to social, legal and economic protection Article 18 The right to engage in a gainful occupation in the territory of other Parties Article 19 The right of migrant workers and their families to protection and assistance Article 20 The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex Article 21 The right to information and consultation Article 22 The right to take part in the determination and improvement of the workingconditions and working environment Article 23 The right of elderly persons to social, legal and economic protection Article 24 The right to protection in cases of termination of employment Article 25 The right of workers to the protection of their claims in the event of the insolvency of their employer Article 26 The right to dignity at work Article 27 The right of workers with family responsibilities to equal opportunities and equal treatment Article 28 The right of workers’ representatives to protection in the undertaking and facilities to be accorded to them Article 29 The right to information and consultation in collective redundancy procedures Article 30 The right to protection against poverty and social exclusion Article 31 The right to housing PART III SELECTED PROCEDURAL PROVISIONS OF THE REVISED EUROPEAN SOCIAL CHARTER Article E Non-discrimination Article G Restrictions Bibliography Index 377

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Book SynopsisCombining the knowledge and experience of leading international researchers, practitioners and policy consultants, Knowledge for Peace discusses how we identify, claim and contest the knowledge we have in relation to designing and analysing peacebuilding and transitional justice programmes. Exploring how knowledge in the field is produced, and by whom, the book examines the research-policy-practice nexus, both empirically and conceptually, as an important part of the politics of knowledge production.This unique book centres around two core themes: that processes of producing knowledge are imbued with knowledge politics, and that research-policy-practice interaction characterises the politics of knowledge and transitional justice. Investigating the realities of, and suggested improvements for, knowledge production and policy making processes as well as research partnerships, this book demonstrates that knowledge is contingent, subjective and shaped by relationships of power, affecting what is even imagined to be possible in research, policy and practice.Providing empirical insights into previously under-researched case studies, this thought-provoking book will be an illuminating read for scholars and students of transitional justice, peacebuilding, politics and sociology.Trade Review‘In this book, Briony Jones and Ulrike Lühe have done what many academics and policy thinkers are reluctant to do - question orthodoxy in an area of thought that has acquired a high moral plateau. The book reveals a gaping chasm between what is known, and what is unknown about the theoretical underpinnings of transitional justice and the efficiency of the solutions it so confidently prescribes. It is a work that will give researchers, thinkers, and practitioners reason to pause and reflect. It opens the door to doubt and cautions against the rush to declare a final resting point in the quest for solutions to societies in deep social and political torment. This is a critical work that should become a new benchmark for anyone acting and thinking in the field of transitional justice. The book is sure to broaden the intellectual school of transitional justice.’ -- - Makau Mutua, University at Buffalo, USTable of ContentsContents: Foreword xii 1 Knowledge for peace: transitional justice and the politics of knowledge in theory and practice 1 Briony Jones and Ulrike Lühe PART I POLITICS OF KNOWLEDGE FOR PEACE 2 Knowledge production and its politicization within International Relations and Peace Studies 21 Burak Toygar Halistoprak 3 ‘Knowledge for peace’: integrating power to increase impact 37 Laurent Goetschel 4 Producing knowledge on and for transitional justice: reflections on a collaborative research project 49 Briony Jones, Ulrike Lühe, Gilbert Fokou, Kuyang Harriet Logo, Leben Nelson Moro and Serge-Alain Yao N’Da PART II THE INTERLINKED POLITICS OF KNOWLEDGE PRODUCTION AND AGENDA SETTING 5 Knowledge asymmetry and transitional justice in Côte d’Ivoire 75 Serge-Alain Yao N’Da and Gilbert Fokou 6 Power struggles and the politics of knowledge production in the Burundian transitional justice process 99 Wendy Lambourne 7 The politics of knowledge in the emergence of the transitional justice industry in Zimbabwe: the case of the ‘Taking Transitional Justice to the People Programme’, 2009–10 120 Shastry Njeru and Tyanai Masiya PART III KNOWLEDGE PRODUCERS: EXPERTS AND EXPERTISE 8 Who are the members of truth commissions? 145 Dietlinde Wouters 9 Developing the African Union Transitional Justice Policy: an assemblage perspective 167 Ulrike Lühe 10 Playing politics with knowledge: the works of multiple actors within IGAD PLUS 191 Kuyang Harriet Logo 11 The meaning of violence and the violence of meaning: the politics of knowledge in Burundi 214 Stanislas Bigirimana 12 Conclusion: empirical insights on the politics of knowledge production and its transfer into policy and practice 245 Briony Jones and Ulrike Lühe Index 267

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Book SynopsisInternational human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state.Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe and the Middle East, and how the state works in ways which respect the ethics and values of human rights law.Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.Trade Review‘Shall politics follow the law, or shall the law follow politics? This Research Handbook, edited and written by some of the world’s leading scholars of law, political science and other disciplines, provides an excellent analysis of the interdependence of law and politics in the field of human rights. International human rights treaties are drafted and adopted by diplomats and politicians and are implemented in a highly politicized process. Nevertheless, international human rights law develops an independent meaning that strongly impacts politics.’ -- Manfred Nowak, Professor of Human Rights, Vienna and Secretary General of the Global Campus of Human Rights‘This impressive book is indispensable for anyone who wants to understand how politics are impacting and permeating human rights performances and how human rights is shaping and structuring politics. The insightful volume contributes to the understanding of the immense pressures human rights are under from perspectives of governance, distributive justice and also in international relations. Apart from offering deep analysis, each chapter contributes outlooks for the future.’ -- Morten Kjaerum, Raoul Wallenberg Institute, SwedenTable of ContentsContents: Introductory essay: the politics of international human rights law 1 Bård A. Andreassen PART I GOVERNANCE AND INSTITUTIONS 1 The closing and resilience of civic space from a human rights perspective: scope, causes, responses 29 Antoine Buyse 2 Governance and human rights: African challenges 47 Göran Hydén 3 Writing political histories of international human rights law 61 Steven L. B. Jensen 4 Power and civic action: mobilisation for human rights in developing societies 79 Gordon Crawford 5 Freedom of peaceful assembly and of association – practices and obstacles 99 Maina Kiai and Waruguru Kaguongo 6 The role of national human rights systems in the implementation of international human rights law 115 Domenico Zipoli 7 The relevance of governance and multi-level governance to the study of human rights: insights from business and human rights 145 Claire Methven O’Brien 8 The politics of torture: legal, social and political dynamics 166 Nora Sveaass 9 Rooting rights in local spaces? Transformations in gender relations and citizen engagement 194 Celestine Nyamu Musembi PART II DISTRIBUTIVE JUSTICE AND PUBLIC POLICIES 10 The SDG agenda and human rights 215 Markus Kaltenborn and Wouter Vandenhole 11 Poverty and civil and political rights 236 Philip Alston 12 Politics of resources allocation: tax, expenditure and inequality in the human rights supervisory bodies 255 Hans-Otto Sano and Carlos Villalobos PART III INTERNATIONAL POLITICS 13 Globalization and human rights 280 Siddiqur R. Osmani 14 The influence of politics on the work of the UN human rights treaty bodies 310 Gentian Zyberi and Ibrahim Salama 15 International human rights law, politics and international financial institutions: the case of the World Bank 338 Siobhán McInerney-Lankford 16 The African human rights system: a critical appraisal 364 Victor Oluwasina Ayeni 17 The quest for an (effective) Southeast Asian human right system 389 Sriprapha Petcharamesree 18 The EU human rights regime: development, actors, policy framework and effectiveness 409 Gabriel N. Toggenburg 19 Citizenship and international human rights law – enduring enigma of the Middle East 440 Nils A. Butenschøn 20 The politics of international human rights and development aid 458 Arne Tostensen Index

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Book SynopsisThis timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.Contextualizing human rights goals, structures and challenges in the immediate post-UDHR era, key chapters analyse the role that national security has played in driving competition between individual rights and rhetoric-laden, democracy-reinforcing approaches to collective rights of security. Internationally diverse authors offer evocative insights into the ways in which law is used to manipulate both intra and interstate relationships, and demonstrate the constant tensions raised by a human rights system that is fundamentally state-centric though defined by individuals' needs and demands. Acknowledging the challenges in contemporary human rights practice, policy and discourse as features of transitional eras in human rights, this forward-thinking book identifies opportunities to correct past inadequacies and promote a stronger system for the future.This is a hard-hitting and much needed study for students and scholars of human rights, security law, constitutional law and international relations more widely. Its practical dimensions will also greatly benefit practitioners in the field.Trade Review'The current Covid-19 pandemic, which resulted in unprecedented human rights restrictions around the globe, provides an excellent opportunity to reflect on the role of "human rights in times of transition". After a period of polarization during the Cold War, a short window of opportunity during the 1990s, the national security challenges after 9/11, and recent threats by nationalism, populism, new authoritarianism and the current public health crisis, it is high time to discuss the need for a revival of human rights to master the enormous challenges of the post-Covid-19 era.' -- Manfred Nowak, Secretary General of the Global Campus of Human RightsTable of ContentsContents: 1 Human rights, liberal democracies and challenges of national security 1 Kasey McCall-Smith, Andrea Birdsall and Elisenda Casanas Adam PART I HUMAN RIGHTS TRANSITIONS – THEORETICAL DEBATES AND DOCTRINAL CHALLENGES 2 Key challenges to human rights in democracies at a time of transition: Where to now? 16 Francesca Klug 3 The forgotten principle of fraternité : Re-interpreting the last three articles of the Universal Declaration of Human Rights 41 Yota Negishi 4 Human rights protection and state capacity: The doctrinal implications of the statist character of international human rights law 64 Mátyás Bódig PART II CO-OPTION AND EJECTION OF HUMAN RIGHTS IN LIBERAL DEMOCRACIES 5 US counterterrorism and the denial of fundamental rights from torture to fair trial 90 Kasey McCall-Smith 6 Counterterrorism and challenges to human rights: Justifying drones and targeted killing as acts of self-defence 116 Andrea Birdsall 7 The alleged backlash against human rights: Evidence from Denmark and the UK 139 Jacques Hartmann and Samuel White PART III HUMAN RIGHTS AND NATIONAL SECURITY CHALLENGES BEYOND THE STATE 8 Surveillance measures and the exception of national security in the case law of the European Court of Human Rights 165 Pierre Notermans 9 Constructing a right to counterterrorism: Law, politics and the Security Council 189 Vivek Bhatt 10 Non-state actors that aspire to be states: White spots on the international human rights protection map? 216 Linda Hamid 11 Reflections on human rights and contemporary challenges raised by national security discourse 242 Kasey McCall-Smith, Andrea Birdsall and Elisenda Casanas Adam Index 255

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Book SynopsisBuilding upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation.Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance.Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.Trade Review‘This Handbook offers innovative and multi-disciplinary perspectives on one of the thorniest problems in the field of human rights. Theoretically sophisticated and empirically rich contributions from leading human rights experts and practitioners advance our understanding of the factors, and actors, that shape the processes and outcomes of human rights implementation.’ -- Par Engstrom, University College London, UKTable of ContentsContents: 1 Introduction to the Research Handbook on Implementation of Human Rights in Practice 1 Rachel Murray and Debra Long PART I RETHINKING IMPLEMENTATION AND METHODOLOGICAL EXPLANATIONS 2 Implementation and compliance 17 Andreas von Staden 3 Reparations in human rights law 36 Dinah Shelton 4 Unveiling hidden variations: contemporary trends in compliance with international human rights institutions 59 Jillienne Haglund and Courtney Hillebrecht 5 Implementation of human rights decisions in the African human rights system 79 Gaye Sowe and Eric Bizimana 6 Compliance and compensation: money as a currency of human rights 98 Veronika Fikfak PART II ACTORS 7 Implementers or facilitators of implementation? Governmental human rights focal points’ complex role in enhancing human rights compliance at the national level 119 Sébastien Lorion and Stéphanie Lagoutte 8 The role of parliaments in implementing decisions and recommendations from supranational human rights bodies 140 Brian Chang and Murray Hunt 9 Domestic gatekeepers or international enforcers? National courts’ engagement with decisions of international human rights courts and treaty bodies 163 Jasper Krommendijk 10 The global human rights ‘implementation agenda’ and the genesis of NMIRFs 187 Marc Limon 11 The reformation of implementation of human rights by the UN treaty body system 211 Malcolm D. Evans PART III TOOLS TO FACILITATE IMPLEMENTATION 12 A vibrant interplay: tools and systems for monitoring human rights implementation 235 Christian M. De Vos and Ashrakat Mohammed 13 The role of negotiations and diplomacy in encouraging State implementation of human rights 256 Kriangsak Kittichaisaree 14 Compliance hearings before the Inter-American Court of Human Rights: unleashing the dynamics of implementation 274 Edward Pérez and Clara Sandoval 15 Prevention, intervention and care management: case studies of vulnerable populations in South Africa 292 Lillian Artz and Leon Holtzhausen 16 Human rights indicators and implementation 310 Todd Landman and Katarina Schwarz 17 The use of IT for compliance with supranational bodies 328 Jonas Grimheden Index

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Book SynopsisHuman rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas.Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities.With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape.Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. StohlTrade Review‘This book will definitely serve as a good supplementary text for human rights courses and handy reference for seasoned practitioners and advocates.’ -- Kai-Chung Lo, Johnson Chun-Sing Cheung, Human Rights Review‘Contesting Human Rights is a provocative collection of essays by some of the world’s leading human rights scholars that will challenge the reader to re-think both the successes and the failures of the human rights revolution.’ -- Mark Gibney, University of North Carolina, Asheville, USTable of ContentsContents: 1. Introduction: Contesting Human Rights: Pathways of Change Alison Brysk PART I PATHWAYS 2. Building Momentum: Changes in Advocacy Discourse Around Early Child Marriage, 2011-2017 Amanda Murdie, Baekkwan Park, Jaqueline Hart and Margo Mullinex 3. Tensions in Rights: Navigating Emerging Contradictions in the Emerging LGBT Rights Revolution Phillip M. Ayoub 4. Better Late Than Never? The Evolving Responsibility of Internatioal Organizations George Andreopoulous PART II REGIME DEVELOPMENT 5. A Horizontal Pathway to Impact? An Assessment of the Universal Periodic Review at 10 Pilar Elizalde 6. The Trans-Regional Construction of Human Rights Wayne Sandholtz, Adam Feldman 7. The Effectiveness of an Emerging Pathway of Rights: The Constitutionalization of Human Rights Law Stephen Meili 8. Human Rights Cities: Making the Global Local Michael Goodhart PART III CONTRACTIONS AND LIMITATIONS 9. Advocacy and Accountability in the Age of Backlash: NGOs and Regional Courts Courtney Hillebrecht 10.What Went Wrong: Backlash and Contradictions in Central and Eastern Europe Patrice C. McMahon 11. Emerging Contradictions in US Human Rights Policy: The Trump Agenda The Trump Agenda Clair Apodaca 12. It Was The Best of Times, It Was The Worst of Times: Conclusions on Contesting Human Rights Michael Stohl Index

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Book SynopsisThis unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory.This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.Trade Review'Yahyaoui Krivenko's compelling analysis reveals just how structurally embedded international human rights law's (mis)understanding of gender, as male/female duality and biological fact, is. This not only restricts law's capacity to fully comprehend how gender hierarchies impact on the enjoyment of human rights, but also implicates human rights law itself in perpetuating gendered harms. Yahyaoui Krivenko's call for disrupting this damaging gender script, and the openings she identifies as places to start, present a challenge to us all.' -- Dianne Otto, The University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction 2. Gender and its complexities 3. Human rights and gender: the first stage 4. Feminist approaches, gay and lesbian studies, queer theory: their engagement with gender and human rights 5. Human rights and gender: the second stage 6. Successes and challenges: right to be free from violence 7. Successes and challenges: culture and human rights 8. Successes and challenges: family and human rights 9. General conclusions Index

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Book SynopsisThis comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels.Key Features: One of the first detailed considerations of each of the Principles for Responsible Contracts Contributions from more than 40 leading international academics and practitioners in the field Discussion of legal and regulatory instruments as well as case law emanating from the Principles Offers information on interpreting, analysing, and using the UNGPs and the Principles for Responsible Contracts in a centralized accessible format. Practitioners, including government officials, who are responsible for corporate governance and human rights issues will find this Commentary invaluable for its systematic analysis of the obligations of both States and corporations. It will also be of interest to academics and those working for NGOs in the area of business and human rights, as well as businesses themselves looking to incorporate sustainability initiatives into their corporate practices.Trade Review‘The Commentary is a must-have for everyone who is working on business and human rights. The UNGPs constitute the base of all the work that has been done over the years in the field. Thus, to be able to comprehend what business and human rights mean and to build on them, it is essential to examine the UNGPs in detail, which is what the Commentary provides.’ -- Begüm Kilimcioglu, conflictoflaws.netTable of ContentsContents: Foreword by Surya Deva xxvi Acknowledgements xxix Table of cases xxxi Table of legislation xxxii The UN Guiding Principles on Business and Human Rights and Principles for Responsible Contracts: An Introduction 1 Barnali Choudhury PART I THE UNITED NATIONS GUIDING PRINCIPLES ON BUSINESS AND HUMAN RIGHTS 1 Guiding Principle 1: Scope of Obligations 12 Daniel Augenstein 2 Guiding Principle 2: Expecting Business to Protect Human Rights 20 Claire Methven O’Brien 3 Guiding Principle 3: General State Regulatory and Policy Functions 28 Anil Yilmaz Vastardis and Rachel Chambers 4 Guiding Principle 4: The Obligations of States in Markets With Respect to Enterprises Owned, Controlled, or Supported by the State 35 Larry Catá Backer 5 Guiding Principle 5: The Content of the State Duty to Protect in the Context of Privatization 42 Humberto Cantú Rivera 6 Guiding Principle 6: Respecting Human Rights Through Commercial Transactions 49 Annamaria La Chimia 7 Guiding Principle 7: Supporting Business Respect for Human Rights in Conflict-Affected Areas 56 Olga Martin-Ortega and Fatimazahra Dehbi 8 Guiding Principle 8: Ensuring Policy Coherence 63 Jena Martin 9 Guiding Principle 9: Domestic Policy 70 Carolina Olarte-Bácares 10 Guiding Principle 10: States as Members of Multilateral Institutions 77 Gamze Erdem Türkelli 11 Guiding Principle 11: The responsibility of business enterprises to respect human rights 85 Sara L. Seck 12 Guiding Principle 12: Minimum Human Rights Standards for Pillar II 92 Sarah Joseph 13 Guiding Principle 13: Responsibility of the Business Sector 101 Kishanthi Parella 14 Guiding Principle 14: Nature and Size of the Business Enterprise 109 Kishanthi Parella 15 Guiding Principle 15: Businesses Implementing Policies and Practices 113 Kishanthi Parella 16 Guiding Principle 16: Policy Commitments 118 Maddalena Neglia 17 Guiding Principle 17: Human Rights Due Diligence 126 Robert McCorquodale and Cristina Blanco-Vizarreta 18 Guiding Principle 18: Human Rights Impact Assessments 136 Claire Bright and Céline da Graça Pires 19 Guiding Principle 19: Acting Upon Human Rights Impact Assessments 145 Björn Fasterling 20 Guiding Principle 20: Tracking Business Human Rights Responses 155 Andreas Rühmkorf 21 Guiding Principle 21: Communication of Human Rights Impacts 162 Andreas Rühmkorf 22 Guiding Principle 22: Remediation 169 Florencia S. Wegher Osci 23 Guiding Principle 23: Legal Compliance Issues of Business Enterprises 176 Simon Baughen 24 Guiding Principle 24: Prioritization of Severe Human Rights Impacts by Businesses 184 Salvador Herencia-Carrasco 25 Guiding Principle 25: Access to Remedy—Foundational Principle 189 Dalia Palombo 26 Guiding Principle 26: Domestic Judicial Mechanisms 198 Penelope Simons 27 Guiding Principle 27: State-based Non-judicial Grievance Mechanisms 206 Markus Krajewski 28 Guiding Principle 28: Non-state-based Grievance Mechanisms 214 Jennifer A. Zerk 29 Guiding Principle 29: Non-State-Based Grievance Mechanisms; Role of Business 222 Martijn Scheltema 30 Guiding Principle 30: The Role of Collaborative Initiatives in Respecting Human Rights 230 Dorothée Baumann-Pauly and Lilach Trabelsi 31 Guiding Principle 31: Effectiveness Criteria for Non-Judicial Grievance Mechanisms 237 Anna Triponel PART II PRINCIPLES FOR RESPONSIBLE CONTRACTS 32 PRC 1: Preparation and Planning 248 Daria Davitti and Sorcha MacLeod 33 PRC 2: Managing Potential Adverse Human Rights Impact 255 Shavana Haythornthwaite 34 PRC 3: Project Operating Standards 263 Dr Shavana Haythornthwaite 35 PRC 4: Contractual Stabilization Clauses 270 Jernej Letnar Černič 36 PRC 5: Additional Goods or Services 277 Margaret G. Wachenfeld 37 PRC 6: Physical Security for the Project 285 Sorcha MacLeod and Daria Davitti 38 PRC 7: Designing Inclusive Community Engagement Strategies 292 Tehtena Mebratu-Tsegaye and Solina Kennedy 39 PRC 8: Project Monitoring and Compliance 299 Sarah Platts 40 PRC 9: Non-judicial Grievance Mechanisms 306 Stefan Zagelmeyer 41 PRC 10: Transparency and Disclosure of Contractual Terms – The last and the least of the ten principles? 314 Motoko Aizawa Index

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Book SynopsisConsidering the major crises Europe has faced over the last three decades, this unique book offers a multidisciplinary examination of the ways in which law, human rights and politics have evolved and were affected by recent emergencies.Costas Douzinas assesses and critiques the ways in which governments responded to three emergencies: the 2008 economic crisis, the large flows of refugees and migrants since the 2010s, and the COVID-19 pandemic. Utilising Foucault’s theory of biopolitics and Douzinas’ experience as a critical scholar and politician, this insightful book reviews the law and politics of emergency and proposes a theory and future pathways of resistance. Ultimately, States of Exception asks to what extent critical legal theory can inform radical politics and argues that human rights are not the ‘last utopia’ but a combination of the unfulfilled promise of dignity with the desire to transcend inequality and exploitation.This multidimensional exploration of the intersection between critical legal theory, human rights philosophy and radical politics offers a unique insight to students, academics and researchers specialising in legal theory, human rights law, jurisprudence and politics. It will also prove beneficial for professionals and practitioners working in the legal and political sectors.Trade Review‘A tour de force. Costas Douzinas brings his unique critical acumen and extraordinary erudition to bear on his first-hand experience—as a founder of critical legal studies in the UK and an MP in Greece’s Syriza parliament in the 2010s—of the grinding dissolution of public autonomy in the relentless advance of global neoliberalism. Douzinas coins the term “neolegalism” for the curious legal architecture that has spread from interwar Vienna, wartime London, postwar Chicago and Cold War Santiago to its thorough globalisation in the “polycrisis” of the 2020s. Neolegalism, in Douzinas’s account, combines the brutal authoritarianism of a strong-arm state, stoking a cowed general public, with the freedoms of a market order for transnational plutocrats, with a growing subclass of homeless refugees caught in-between. Its normalisation is symbolised in the Covid-19 regime, premised on ‘necessity’ rather than exception. Required reading to understand our current predicament.’ -- Stephen Humphreys, London School of Economics, UK‘Costas Douzinas’s States of Exception offers a crucial diagnosis ofour troubled times. In this remarkable book, Douzinas draws t together his critical legal theory of law and life in states of exception with his political experience in Greek government to analyse our current political situation. Rather than despairing at our current political realities, States of Exception powerfully argues for the possibilities for collective action in resistance, political praxis, andStates of Exception is a compelling and eloquent book that sets out a critical legal theory for our time. The illuminating discussion of political praxis, thought provoking analysis of legal and political theory, and important account of contemporary law and emancipatory politics make States of Exception essential reading. This important book will be a vital source of theoretical and political insights for all those seeking to understand our present and build an -- alternative future.’– Kirsten Campbell, Goldsmiths College, UK‘Part intellectual autobiography, part critical legal retrospect, and part manifesto for radical human rights, this book sees “Douzinism” come of age. States of Exception provides an adroit combination of theoretical abrasiveness, hard earned political realism, and the amicable generosity of solidarity. It is the last that lingers longest. The book offers faith in critique and an unquenchable glimpse of a utopian disposition.’ -- Peter Goodrich, Cardozo School of Law, US‘Douzinas at his very best! The book demonstrates the immense power of contemporary critical legal theory to help us grasp the world around us. It will be indispensable for those who seek to understand the role of law, rights, the state and international relations in the wake of the Covid pandemic.’ -- Illan Wall, University of Warwick, UK‘Costas Douzinas’ work, as a writer, teacher, mentor and editor, has been pivotal to the development of critical legal scholarship in Britain since the 80s. States of Exception, his most personal book to date, gives us a synthesis of the extraordinary range of earlier thematics, imbued now with what it has meant for him to have defended the “desire called utopia” in the “more positive tonality” of his political involvement as an MP for the radical left in Greece, during the difficult years of the conditionalities and the memoranda. This is a book that reflects Douzinas’ unwavering faith in popular resistance, in people’s acts of solidarity, sacrifice and care. From that insistent demand that rights, solidarity and justice will not be surrendered to the logic of capital, he draws a restatement of the dignity of natural law which, like in that other heretical Marxist natural lawyer, Ernst Bloch, points us beyond current political compromises and lies to the “orthopaedia” - the upright posture - of critical thinking.’ -- Emilios Christodoulidis, University of Glasgow, UKTable of ContentsContents: Introduction: the sense of an ending PART I STATES OF EXCEPTION, STATES OF NECESSITY 1 Biopolitics, rights, subjects 2 States of exception, states of necessity 3 Protest and resistance in the pandemic 4 A theory of resistance 5 Refugees: politics, law, ethics PART II CRITICAL REFLECTIONS ON HUMAN RIGHTS 6 Human rights in history 7 Law, morality, politics 8 Neolegalism 9 Cosmopolitanism and just wars 10 The desire called utopia Index

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Book SynopsisProjecting a global interdisciplinary vision, this insightful book develops a peer-to-peer learning methodology to facilitate reconciling religion and human rights, both in multilateral contexts and at the national level. Written by leading human rights practitioners, the book illuminates the tension zones between religion and rights, exploring how the ‘faith’ elements in both disciplines can create synergies for protecting equal human dignity.Ibrahim Salama and Michael Wiener analyse the place of religion in multilateral practice, including lessons learned from the ‘Faith for Rights’ framework. Based on the jurisprudence of international human rights mechanisms, the book clarifies ambiguities of human rights law on religion. It also unpacks the potential positive role of non-State actors in the religious sphere, demonstrating that the relationship between religion and human rights is not a zero-sum game. Ultimately, the book empowers actors on both sides of the ideological fence between religion and human rights to deconstruct this artificial, politically instrumentalized dichotomy.This innovative book will be a vital resource for faith-based actors, human rights defenders and policymakers working at the intersection between religion, culture and human rights. With the co-authors’ commentary on the #Faith4Rights toolkit, it will also be invaluable for peer-to-peer learning facilitators, scholars and students of human rights law, public international law and religious studies.Trade Review‘This book gives a carefully considered account of seeking to bring about sustainable human rights change in a particularly polarised space, inverting the contention around religion and human rights to set out an approach for the positive role of faith-based actors in advancing human rights.’ -- Nazila Ghanea, University of Oxford, UK‘The foundational concept of an "inherent dignity ... of all members of the human family" (1948 UDHR) deeply resonates in various religious and philosophical teachings. Ibrahim Salama and Michael Wiener demonstrate how we can effectively benefit from faith traditions in today's fight for universal rights across boundaries. A book both profound and highly practical!’ -- Heiner Bielefeldt, Friedrich-Alexander-Universität Erlangen-Nürnberg, Germany and former UN Special Rapporteur on Freedom of Religion or Belief‘This book offers a holistic approach to the relationship between religion and human rights. Holistic is an often overused, and at times, misleading adjective. This is not the case with this book. It offers solutions without undermining inherent challenges present in these fields. It explores the relationship between religion and all human rights, not only freedom of religion or belief. It can be a powerful tool for believers, as well as agnostics and atheists. It also provides a framework to equip not only religious leaders but also—as I have repeatedly employed in various situations—judges, politicians, and other civil servants who frequently struggle with these issues. While a comprehensive analysis and framework in this area may appear overly ambitious, the authors have vast expertise on the topic and have successfully tested its framework. Therefore, this book is a must-read for anyone working on the intersection of human rights and religion.’ -- Thiago Alves Pinto, University of Oxford, UK‘One of the most authoritative reflections on the linkages between the realms of faith and the imperatives of human rights. This is not only conceptually well-argued, but is a roadmap to human rights, achieved through a model we pioneered for UN outreach with faith actors: peer to peer learning.’ -- Azza Karam, Vrije Universiteit Amsterdam, the Netherlands and Religions for Peace InternationalTable of ContentsContents: 1. Prologue 2. Introduction: rationale of this book 3. Human rights law approaches to religion: the dancing shadows 4. Facilitating faith for rights 5. Prospects of mutual enhancement 6. Epilogue Bibliography Index

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law’s effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice.This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.Trade Review‘Organized around four themes – repositioning, reinventing, relocating, and rethinking human rights – Dina Lupin skillfully brings together a diverse array of essays by an impressive group of scholars to give the reader a flavor of this burgeoning area of international law, made even more significant by the UN General Assembly resolution recognizing a clean, healthy and sustainable environment as a human right and the worsening climate crisis. An important contribution to the scholarship on human rights and the environment.’ -- Sumudu Atapattu, University of Wisconsin Law School, USTable of ContentsContents: 1 Introduction: A Research Agenda for Human Rights and the Environment 1 Dina Lupin PART I REPOSITIONING MARGINALISED EPISTEMIC AND EXPERIENTIAL CONTRIBUTIONS 2 Towards a disability-inclusive environment and human health research agenda 13 Sarah L. Bell 3 Indigenous Peoples’ rights and the politics of climate change 31 Anna F. Laing 4 A critical peasants’ rights perspective for human rights and the environment: Leveraging the UN Declaration on the Rights of Peasants 55 Amanda Lyons and Ana María Suárez Franco PART II REINVENTING HUMAN RIGHTS TOOLS AND APPROACHES 5 Racial segregation, water disconnection and human rights litigation: An examination of the use of law to challenge structural racism in Detroit and Johannesburg 81 Jackie Dugard 6 The right to consultation is a right to be heard 103 Dina Lupin and Leo Townsend 7 Rethinking ‘vulnerability’: Widening the scope to conceptualize ‘vulnerability’ for the human right to water 123 Daphina Misiedjan PART III RELOCATING RIGHTS IN OVERLOOKED SPACES 8 Climate change and human rights in the overseas colonized territories of the state 143 Miriam Cullen and Céline Brassart Olsen 9 Human rights law as a gap-filler: The invisibility of climate vulnerability in international climate change law 159 Linnéa Nordlander PART IV RETHINKING HUMAN RIGHTS AND THE ENVIRONMENT 10 Indigenous knowledge and new materialism 181 Tina Sikka, Elizabeth Mills and Nisha Sikka 11 Decoloni-zation/ality of ‘protected areas’: A South African perspective 209 Clive Vinti 12 The human right to a healthy environment and the rights of racialized groups: Applying critical race theory as a framework for (re)constructing environmental rights through foundational transformation 231 Natalia Urzola Gutiérrez Index 253

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Book SynopsisAcross the world, millions of people are taking to the streets demanding urgent action on climate breakdown and other environmental emergencies. Extinction Rebellion, Fridays for Future and Climate Strikes are part of a new lexicon of environmental protest advocating civil disobedience to leverage change. This groundbreaking book -- also a Special Issue of the Journal of Human Rights and the Environment -- critically unveils the legal and political context of this new wave of eco-activisms. It illustrates how the practise of dissent builds on a long tradition of grassroots activism, such as the Anti-Nuclear movement, but brings into focus new participants, such as school children, and new distinctive aesthetic tactics, such as the mass ‘die-ins’ and ‘discobedience’ theatrics in public spaces.Expert international authors offer fresh insights into the strategies and goals of these protest movements, the changing vocabulary of environmental activism, such as the ‘climate emergency’, and the contribution of specific protest actors, particularly youth and Indigenous peoples. They also consider how some governments have responded to these actions with draconian anti-protest legislation, and by using the Covid-19 pandemic as cover to keep protesters off the streets. The scholarly analyses are complemented with first-hand interviews of some leading protagonists, including Extinction Rebellion leaders and Green Party politicians. The result is an unrivalled analysis of the role of new environmental protest movements seeking to drive a new generation of policies and laws for climate action and social justice.This impressive book will prove an important and insightful read for students and scholars interested in environmental law, climate law, and grass roots activism specifically.Trade Review’Extinction Rebellion, children’s climate strikes, Indigenous anti-pipeline protests and proliferating citizen science brigades have lent new urgency to the perennial question of the role of direct action and civil disobedience in struggles for environmental and racial justice. This timely, eclectic, interdisciplinary volume provides invaluable insight into the sources, goals, tactics, prospects and impacts of -- and often draconian governmental reactions to -- these exciting contemporary movements that employ non-violent mass mobilisation to spur action on ecological and social emergencies. It makes a landmark contribution to empirical and theoretical knowledge in this rapidly evolving field.’ -- Stepan Wood, Canada Research Chair in Law, Society & Sustainability, University of British Columbia, CanadaTable of ContentsVolume 11, Special Issue, 2020 Contents: Editorial Introduction Benjamin J. Richardson Articles Can climate activism deliver transformative change: Extinction Rebellion, business & people power Neil Gunningham Cultivating ethics of decolonizing allyship in climate organizing: reflections on Extinction Rebellion Vancouver Dana James and Trevor Mack Moral education in the face of orthodoxy – environmental crisis and dissent Francine Rochford Exploring legitimization strategies for contested uses of citizen-generated data for policy? Anna Berti Suman, Sven Schade and Yasuhito Abe Victim, litigant, activist, messiah: the child in a time of climate change Nicole Rogers A colonized COP: Indigenous exclusion and youth climate justice activism at the United Nations climate change negotiations Corrie Grosse and Brigid Mark Pipelines in the time of Indigenous resurgence Tyler McCreary Interviews XR representatives Claire Burgess and Rupert Reed Green politicians Jonathan Bartley, Paul Manley and Chloe Swarbrick

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Book SynopsisBased on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda.Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, KC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions.The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.Trade Review‘The author’s book is, by and large, a normative project interpreting specific discourses in Hinduism (and its spill overs to Buddhism) to trace today’s human rights law to the earliest tenets of ancient Hindu scriptures. In identifying this rare question in international human rights law scholarship, and engaging in the intellectual query and deep speculative thought required to preliminarily investigate this question, Dr Subedi’s reflections provide fertile ground for future research that widens our search for the origins of human rights, and today’s contested human rights practices.’ -- Diane A Desierto, Notre Dame Law School and Keough School of Global Affairs, University of Notre Dame, US'A timely and important contribution that explores the implications of the shift in economic and political power to Asia for the global human rights agenda pursued since 1948. Former UN Special Rapporteur for Human Rights in Cambodia Surya Subedi writes from his unique perspective, including his knowledge of Hindu and Buddhist teachings, to argue that those significant religions share deeply-ingrained common values with those expressed in the UniversaI Declaration of Human Rights, and that the shift in global power will not lead to a turning away from the human rights agenda.' -- Charlotte Ku, Texas A&M University School of Law'Surya P. Subedi, now Professor of International Law at the University of Leeds, was born in a simple Nepali village and received a Sanskrit education until the age of 13. This book records his passionate and very personal attempt to bridge two worlds, to bring the world of his Brahmin ancestors, the Hindu civilization that they embodied, into harmony with the modern world of human rights and to show that there need be no contradiction, and indeed that human rights can receive succour from the well-springs of Hinduism and Buddhism.' -- David N. Gellner, University of Oxford, UKTable of ContentsContents: Introduction 1. Evolution of Eastern belief systems 2. Human rights values in Eastern civilisations 3. The principles of humanitarian law in Hinduism 4. China’s approach to human rights and the UN human rights agenda 5. The impact on the universality of human rights of the shift of power to the East 6. Human rights challenges in a country with a Hindu-Buddhist heritage: A case study of Cambodia Conclusions Index

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Book SynopsisIn this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts or civilians and combatants. Drawing on the author’s practical experience to provide unique and invaluable insights, the second edition discusses the rules protecting certain categories of persons, including prisoners of war, as well as governing different types of conduct of hostilities and the difficulties in determining whether a destruction was unlawful. Significantly, the edition takes the armed conflict between Russia and Ukraine into account, discussing what remains of neutrality, defending the strict separation between the prohibition of aggression and the humanitarian rules to be respected by both sides, which must however be nuanced in the field of naval warfare. New sections explore IHL in relation to persons with disabilities, sieges and humanitarian corridors, the role of the media, IHL in outer space, and the concept of meaningful human control over lethal autonomous weapons systems. Structured in a clear and accessible manner, this new edition is essential reading for all students and scholars of international humanitarian law, as well as those in human rights, and public international law. For military practitioners and NGO lawyers, as well as those working in intergovernmental organizations, this is simply a must-have resource.Trade Review‘The return of an instant classic. As a leading expert in the field, Marco Sassòli maintains the fine and difficult balance between making IHL accessible to those that are unfamiliar with it, while offering a nuanced analysis which will satisfy its experts. A must read for everyone who is working on or is interested in IHL.’ -- Vaios Koutroulis, Université Libre de Bruxelles, Belgium‘This 2nd edition of Marco Sassoli’s masterwork, International Humanitarian Law, could not be timelier. Offering deeper coverage of key topics, he has updated his always-insightful analysis by reference to the Russia-Ukraine war. Eminently qualified to examine its influence on our understanding of IHL, Marco has produced yet another indispensable tool for scholars and practitioners alike.’ -- Michael N. Schmitt, United States Military Academy at West Point‘Almost immediately, the first edition of Professor Sassòli’s International Humanitarian Law became an indispensable classic. With this second edition, he not only updates and refines its superb coverage. He cements its place as a sophisticated yet accessible resource for humanitarians, scholars, jurists and armed forces everywhere.’ -- Sean Watts, United States Military Academy at West Point‘There is literally no-one more qualified to write a textbook on international humanitarian law than Marco Sassòli. In its first edition this book already became a leading resource in the field, and the second edition will be no different. It does not aim to comprehensively cover all of IHL, but focuses on issues and controversies of greatest contemporary relevance, with a remarkable degree of rigour, precision, and clarity.’ -- Marko Milanovic, University of Reading, UK‘This second edition benefits from Professor Sassòli's unrivaled insights into the legal issues that have already arisen in the context of the conflict between Russia and Ukraine. This means one is not only exposed to the controversies, but also treated to his evaluation of the significance of the reactions of states to tricky issues of blockade, neutrality, and arms transfers. We get a sense of where the law is heading from one of its keenest observers. In addition there are new sections on investment law and the rules that should apply in outer space. The extensive multilingual references allow the reader to remain on top of contemporary developments, while guiding one through the intricacies of just about every aspect of international humanitarian law. This is a must have for anyone thinking about or practising international humanitarian law.’ -- Andrew Clapham, Geneva Graduate Institute, SwitzerlandTable of ContentsContents: 1 An introduction to international humanitarian law 1 2 History of international humanitarian law 5 3 A general overview of IHL based upon its major delimitations 16 4 The sources of IHL 35 5 Respect of the law 73 6 Scope of application: when does IHL apply? 186 7 International and non‑international armed conflicts 227 8 The protective regimes 255 9 IHL and other branches of international law 458 10 Selected cross-cutting issues 528 11 Conclusion and the future of international humanitarian law 704

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Book SynopsisThrough its careful consideration of the status of armed groups within a complex legal landscape, this insightful book identifies and examines the tensions that arise due to their actions existing across a spectrum of legality and illegality. Considering the number of armed groups currently exercising governance functions and controlling territory and population in the world, its analysis is especially topical. Armed Groups and International Law provides essential peer-reviewed analyses of the place of armed groups in the legal framework. A collaborative effort between eminent scholars from different disciplines, it summarises various points of contention within the study of these armed actors, detailing examples that are highly relevant to the contemporary world, such as Afghanistan and Syria. Addressing law-making, rebel governance and accountability, this illuminating book will be of great benefit to students of international humanitarian law, human rights law, international criminal law, and public international law seeking to expand their understanding of the treatment of armed groups within the international legal system. It will also serve as a useful resource for practitioners working in the area of civilian protection and academics conducting research on armed conflict from a variety of disciplines.Trade Review‘This work provides important new insights into how armed groups navigate – and are being navigated by – international and domestic law and other norms. It sheds light on a vast array of thus far underexplored conundrums and intricacies that result from their existence. It is highly recommended to anyone in search of a deeper understanding of the legal implications of the reality of armed groups.’ -- Jann Kleffner, Swedish Defence University, Sweden.‘This book takes the reader beyond the paradox that armed groups are both illegal and engaged in law-enforcement. The authors take us into the day-to-day world of rebel governance and explore the work done by law. We are treated to something which is both scholarly and practical. This kind of inquiry can only benefit the millions living under rebel control.’ -- Andrew Clapham, Graduate Institute of International and Development Studies, Switzerland‘This wide-ranging collection brings together experts from across political science and legal studies to probe one of the most complex and pressing problems facing the world today: how should the international community understand the reality of rebel rule? Tackling both the big picture as well as delving into the intricacies that have bedeviled analysts and policy makers, contributors push the analysis in new directions while unearthing long forgotten truths. An agenda-setting volume, the book will shape the debate on international law and armed groups for the foreseeable future.’ -- Zachariah Mampilly, The City University of New York, US‘A thoughtful and thought-provoking collection by some of the leading voices in the field. Expertly curated, this is valuable reading for anyone interested in issues relating to armed groups and international law.’ -- Sandesh Sivakumaran, University of Cambridge, UK‘Fortin and Heffes have assembled a stellar collection of leading scholars on the difficult topic of armed groups under international and domestic law, providing us with thoughtful and rigorous analysis and insight into a complex area that defies easy legal and political solutions.’ -- Emily Crawford, The University of Sydney Law School, Australia‘This superlative collection addresses a highly significant and still overlooked dimension of international and domestic law, namely its application to internal armed conflicts and to non-state armed groups. Noting the relative dearth of substantive attention to this relationship, even as the numbers of armed conflicts and non-state armed groups proliferate, the editors and contributors provide clear, astute, and original analyses of the range of implications which draw equally from rich and carefully detailed histories of the development and application of humanitarian, human rights and criminal law and their use in a range of fascinating cases. Conceptually and empirically grounded, this volume is by far the best introduction to the fundamentally necessary, and continually urgent, understanding of armed groups and international and domestic law.’ -- Helen M. Kinsella, University of Minnesota, USTable of ContentsContents: Foreword x Acknowledgments xiv Introduction: An exploration of the shadowland of armed groups and international law 1 Katharine Fortin and Ezequiel Heffes 1 Violence as redress: Armed groups, the right to rebellion and the resort to force for gross violations of human rights 15 Luke Moffett 2 The politics of armed non-state groups and the codification of international humanitarian law 43 Giovanni Mantilla 3 ‘The right to participate in hostilities’: combatant privilege vs criminal responsibility for members of organised armed groups during international and domestic criminal trials 64 Rogier Bartels 4 Proscription and group membership in counter-terrorism and armed conflict: Areas of tensions between criminal law and international humanitarian law 91 Ilya Sobol and Gloria Gaggioli 5 Shadowland strategy: How non-state armed actors navigate between national laws and international law 120 Hyeran Jo and Niels H. Appeldorn 6 Exploring the civilian and political institutions of armed non-state actors under IHL in an age of rebel governance 140 Katharine Fortin 7 Rebel rulers and rules for rebels: Rebel governance and international law 167 Alessandra Spadaro 8 From law-taking to law-making and law-adapting: Exploring non-state armed groups’ normative efforts 191 Ezequiel Heffes 9 The provision of healthcare by Islamist armed groups: Between sharia and international law 212 Marta Furlan 10 De facto justice: Prosecution by non-state actors in armed conflict 237 Helen Duffy 11 ‘Equals, but not Equals’: The paradox of amnesties and armed groups in non-international armed conflict 270 Annyssa Bellal 12 A matter of life and death: The impact of power-sharing on the legal position of armed groups 288 Daniëlla Dam-de Jong Index

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Book SynopsisThis casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.Incorporating lessons learned from her experiences as a practitioner and a law professor, the author navigates and provides snapshots of priority issues and themes in the field of the human rights of women. In each chapter, students are encouraged to reflect and answer questions alluding to the intricacies, challenges, and advances in the protection and exercise of women’s rights in modern times. The chapters also include many case judgments, decisions, views, and general recommendations adopted by universal and regional bodies and courts advancing the development of women human rights issues. This analysis is complemented by key scholarship, reports, and statements produced in the area of the human rights of women and its different features.Students of issues concerning human rights, women, gender equality, and international law will attain a thorough understanding of the field through this contemporary casebook.Table of ContentsContents: Preface 1. Discrimination against women: doctrine, practice, and the path forward 2. Gender-based violence as a form of discrimination 3. Intersectionality and the interconnectedness of discrimination: the case of indigenous women 4. Sexual orientation and gender identity 5. Women and times of emergency: the case of COVID-19 6. Due diligence in the contemporary world: the era of MeToo, non-state actors, and social protest 7. The challenging road to equality and the pursuit of non-discrimination 8. Sexual and reproductive rights: a gender equality and international law approach 9. Economic, social, and cultural rights of women 10. Women, the environment, and climate change 11. Women and the regional human rights protection systems 12. Women, culture, and religion 13. The human rights of women in the digital world Index

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Book SynopsisBusiness and human rights (BHR) is a rapidly developing field at the intersection of business, law, and public policy. Teaching Business and Human Rights is a practical guide and resource for the growing community of BHR teachers, students, and practitioners – from advocates and policymakers to business managers and investors.Chapter authors explain common BHR topics, suggest teaching approaches that work in the classroom, and identify helpful teaching resources. Chapters cover the building blocks of a BHR curriculum: foundational topics including corporate responsibility, human rights, and human rights due diligence; tools, such as legislation and litigation, to provide remedy and hold companies accountable for their human rights impacts; and the specific rights affected by businesses in different industries. Teaching BHR effectively has the potential to improve the protection of human rights as more individuals in the private sector, government and civil society work to advance the corporate responsibility to respect human rights.Professors and students, practitioners in the private sector, government and civil society, and scholars of BHR will find this thorough and comprehensive resource indispensable.Trade Review‘Teaching Business and Human Rights covers a broad range of foundational topics as well as special thematic issues. It contains accessible contributions from leading scholars and practitioners. I have no doubt that this book will be a valuable resource for anyone teaching business and human rights at universities or in other settings.’ -- Surya Deva, Macquarie University, Australia‘Anthony Ewing is unquestionably one of the pioneers of the modern business and human rights movement, having taught many of the leading figures in the field. Teaching Business and Human Rights is the culmination of decades of experience in the classroom and in the field, with original contributions from distinguished experts and rising stars. The book contains throughout a masterful combination of intellectual rigor with practical, on the ground, insights and case studies. Students and teachers alike will find it a pleasure to use in the classroom.’ -- Michael A. Santoro, Santa Clara University, US, Co-Founder, Business and Human Rights JournalTable of ContentsContents: 1 Introduction to Teaching Business and Human Rights 1 Anthony Ewing PART I FOUNDATIONAL TOPICS 2 Corporate responsibility 13 Florian Wettstein 3 Human rights 26 Anthony Ewing 4 Labor rights 43 Angela B. Cornell 5 The United Nations Guiding Principles on Business and Human Rights 58 Anthony Ewing 6 Right to remedy 74 Lisa J. Laplante PART II BUSINESS PRACTICE 7 Corporations 88 Jena Martin 8 Human rights due diligence 100 Robert McCorquodale and Daria Davitti 9 Human rights impact assessment 113 Mark Wielga 10 Non-governmental human rights grievance mechanisms 129 Mark Wielga PART III CORPORATE ACCOUNTABILITY 11 Mandatory human rights due diligence 144 Claire Bright and Nicolas Bueno 12 Judicial remedy 160 Rachel Chambers 13 The Alien Tort Statute 176 Anthony Ewing 14 Complicity 187 Anthony Ewing 15 The OECD National Contact Point Mechanism 203 Elizabeth Umlas 16 Multistakeholder human rights initiatives 218 Dorothée Baumann-Pauly and Michael Posner 17 Business and human rights in the Inter-American System 229 Humberto Cantú Rivera PART IV KEY ISSUES 18 Modern slavery in supply chains 243 Justine Nolan 19 Human rights and the environment 263 Sara L. Seck 20 Land rights 278 Mina Manuchehri and Beth Roberts 21 Rights of Indigenous Peoples 292 Kendyl Salcito 22 The right to food 310 Uché Ewelukwa Ofodile 23 The right to water 324 Uché Ewelukwa Ofodile 24 Technology and human rights 339 Faris Natour and Roger McElrath 25 Engineering for human rights 352 Shareen Hertel, Davis Chacon Hurtado, and Sandra Sirota 26 Finance, investors, and human rights 364 Erika George and Ariel Meyerstein 27 Accounting for human rights 383 John Ferguson 28 Mega-sporting events and human rights 396 Daniela Heerdt 29 Trade and human rights 409 Margaret E. Roggensack and Eric R. Biel 30 Business and conflict 423 Salil Tripathi Bibliography 441 Index

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Book SynopsisProviding a refreshing take on transitional justice, this thoroughly revised second edition brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on the new and emerging areas in the field.Wholly engaging with the field's upward trajectory, this Handbook explores important new ground on existing issues of transitional justice, including masculinities, witnesses and the role of archives. This updated edition also engages with newly evolving areas of study, such as counter-terrorism, climate change, colonialism and non-paradigmatic transitions.With theoretical and empirical contributions from a rich array of world leading practitioners and scholars, this cutting-edge second edition Research Handbook is an invaluable academic resource for students and researchers of sociology, transitional justice, criminal law and human rights law. With expertly written chapters it also provides practitioners with a consolidated overview of the latest scholarship and analysis of legal and policy developments.Trade Review‘Lawther and Moffett’s volume comprehensively captures the field of transitional justice at a critical moment, when many are questioning its applicability to current post-conflict challenges around the world. By focusing on the major concepts, actors and mechanisms of transitional justice, this collection traces the field's evolution over the last 30 years and where it is likely to go from here. This is an indispensable resource for anyone trying to get to grips with this vast and constantly changing arena of scholarship and practice.’ -- Phil Clark, SOAS University of London, UKTable of ContentsContents: Foreword xviii 1 Researching transitional justice: editors’ introduction 1 Cheryl Lawther and Luke Moffett PART I THE CONCEPTS OF TRANSITIONAL JUSTICE 2 The time and space of transitional justice 10 Thomas Obel Hansen 3 Transitional justice: an interdisciplinary landscape? 27 Catherine Turner and Maja Davidović 4 Casual and causal links to the rule of law 45 Padraig McAuliffe 5 Transitional justice and ‘local’ justice 61 Dustin N Sharp 6 Transitional justice and gender 77 Catherine O’Rourke 7 Transitional justice and masculinities 95 Brandon Hamber, Philipp Schulz and Giulia Messmer 8 Transitional justice, denial and social control 111 Ron Dudai 9 Transitional justice and religion 126 Lavinia Stan PART II THE ACTORS OF TRANSITIONAL JUSTICE 10 The United Nations and transitional justice: an enduring human rights priority, remedy to securitization and path to sustainable peace 142 Megan Manion and Alison Davidian 11 Civil society and transitional justice: building an expanded vision from below 159 Maya Schkolne and Hugo van der Merwe 12 Transitional justice and constructing victims and victimhood 175 Cheryl Lawther 13 Witnessing and remembering mass rights violations: the possibilities and conditions of becoming a witness 192 Benjamin Thorne PART III THE MECHANISMS OF TRANSITIONAL JUSTICE 14 Transitional justice and international criminal justice 213 Brianne McGonigle Leyh 15 The contributions of international commissions of enquiry to transitional justice 229 Catherine Harwood 16 Truth commissions 247 Adam Kochanski 17 Amnesties and transitional justice 263 Louise Mallinder 18 Reparations in transitional societies 284 Luke Moffett 19 Apologies in transitional justice 307 Kieran McEvoy and Anna Bryson 20 Transitional justice: vetting and lustration 325 Cynthia M Horne 21 Transitional justice and archives 342 Julia Viebach, Dagmar Hovestädt and Ulrike Lühe 22 Transitional justice and development 360 Peter Dixon PART IV EXPANDING THE GAZE OF TRANSITIONAL JUSTICE 23 Transitional justice and non-paradigmatic transitions 383 James Gallen 24 Transitional justice and colonialism 406 Hakeem Yusuf 25 Transitional justice for historical injustice 422 Colleen Murphy and Kelebogile Zvobgo 26 The psychosocial dimensions of transitional justice 436 Joanna R Quinn 27 Structural violence and transitional justice 452 Nevin T Aiken 28 Transitional justice (increasingly) meets counter-terrorism 473 Anne Charbord and Fionnuala Ní Aoláin 29 Transitional justice for climate change: transformation through solidarity 491 Sonja Klinsky Index

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Book SynopsisHow might law address the multiple crises of meaning intrinsic to global crises of climate, poverty, mass displacements, ecological breakdown, species extinctions and technological developments that increasingly complicate the very notion of 'life' itself? How can law embrace — in other words —the 'posthuman' condition — a condition in which non-human forces such as climate change and Covid-19 signal the impossibility of clinging to the existing imaginaries of Western legal systems and international law?This carefully curated book addresses these and related questions, bringing 'law beyond the human' (drawing on Indigenous legalities, life ways and ontologies) and New Materialist and Posthuman/ist approaches into stimulating proximity to each other. Bold and astute, it draws an invigorating and lively mix of participants into its conversation: soils, urban animals, rivers, rights, Indigenous legalities, property as habitat, swarms, 'unusual posthuman capacities', decolonial critiques, eco-feedback, arts, affective encounters and more besides. Ultimately, this pivotal work shows how law currently fails to respond to the challenges and realities it faces, while demonstrating that law can also be a co-emergence of 'something else', more responsive, relational and prefigurative.Lively and engaging, Posthuman Legalities will prove an imperative read for students and scholars with a keen interest in breaking down barriers to address emerging challenges in environmental law, climate law, and human rights law, in conversation with new approaches to planetary justice.Table of ContentsContents: Posthuman legalities: New Materialism and law beyond the human Emille Boulot, Anna Grear, Joshua Sterlin and Iván Darío Vargas-Roncancio 1 Articles Re-forming property to address eco-social fragmentation and rift Margaret Davies 13 ‘For the trees have no tongues’: eco-feedback, speech, and the silencing of nature Matt Harvey and Steve Vanderheiden 38 Climate change, environmental justice and the unusual capacities of posthumans Nick J Fox and Pam Alldred 59 Posthuman international law and the rights of nature Emily Jones 76 Response-abilities of care in more-than-human worlds Marie-Catherine Petersmann 102 Alter-transitional justice; transforming unjust relations with the more-than-human Danielle Celermajer and Anne Therese O’Brien 125 The practice of multispecies relations in urban space and its potentialities for new legal imaginaries Teresa Dillon 148 Index

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Book SynopsisAdopted in the aftermath of the Second World War and implemented as a ‘living instrument’, the European Convention on Human Rights has, over the past 70 years, shown remarkable adaptability to changing circumstances through the evolutive jurisprudence of the European Court of Human Rights. While the Court has already demonstrated its willingness to address new challenges to human rights arising from environmental damage and climate change, growing scientific evidence and mounting public demand for action have accelerated the need for more fundamental engagement. This timely book – also a Special Issue of the Journal of Human Rights and the Environment – brings into sharp relief the specific challenges faced by the Court in addressing the human rights impacts of the interlocking environmental and climate crises. Leading scholars and practitioners, including the President of the European Court of Human Rights, provide important insights into current thinking about environmental human rights in different jurisdictions and ways in which the European Court could adapt its principles and practice in light of the evolving international environmental human rights corpus iuris. Drawing together theoretical insights and practice-led commentary, the contributions to this important book will be of interest to human rights and environmental law scholars, practitioners, students and policy makers.Trade Review‘This visionary Special Issue articulates the path forward for a rights-based approach to tackling the global environmental crisis. As the clock approaches midnight, this superb volume identifies the transformative changes urgently needed to achieve just and sustainable societies. Essential reading for anyone concerned about human rights and the future of life on Earth.’ -- David Boyd, UN Special Rapporteur on human rights and the environment‘This Special Issue of the Journal of Human Rights and the Environment entitled Human Rights and the Planet is a very timely adjunct to the UN General Assembly’s recent resolution recognising the right to a clean, healthy and sustainable environment as a human right. The Issue includes the Strasbourg Principles of International Environmental Human Rights Law, which provide a strong foundational reference for legal obligations in this contested area of law. Hopefully these principles will evolve to include the protection of Indigenous and environmental rights defenders and a stronger basis for intergenerational justice.’ -- Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change‘This Special Issue of the Journal of Human Rights and the Environment constitutes a valuable contribution for experts in environmental law and human rights in their desire to study and to evolve the virtuous circle that constitutes a definitive symbiosis of these two disciplines in the defence of the environment and in response to the need to energetically confront the problem of climate change and environmental degradation.’ -- Néstor Cafferatta, Lawyer and Environmental Secretary, Supreme Court of Justice of Argentina and Professor of Environmental Law, University of Buenos Aires, Argentina‘Can a universal, recognised and enforceable right to a safe, clean, healthy and sustainable environment save the world’s environment and tackle the climate crisis? What can or should the European Court of Human Rights do while awaiting such a global binding legal instrument? These are the main questions addressed from different angles in the contributions to this Special Issue of the Journal of Human Rights and the Environment as a follow-up to the conference “Human Rights for the Planet” held in 2020 at the European Court of Human Rights in Strasbourg. A must read!’ -- Luc Lavrysen, President of the Constitutional Court of Belgium, President of the European Union Forum of Judges for the Environment (EUFJE)‘Climate change and environmental degradation are at present the greatest, most pervasive threats to human rights. This Special Issue provides a nuanced picture of the role of the European Court of Human Rights in addressing these threats, highlighting challenges but also opportunities to ensure that the Court continues to live up to its mandate — and contributes to turning the tide.’ -- Margaretha Wewerinke-Singh, Leiden University, the Netherlands and University of the South PacificTable of ContentsContents: Editorial Human Rights the Planet: the future of environmental human rights in the European Court of Human Rights Natalia Kobylarz and Evadne Grant 1 Articles Interview: P Sands (PS) in conversation with R Spano (RS) – 8 July 2021 6 Balancing its way out of strong anthropocentrism: integration of ‘ecological minimum standards’ in the European Court of Human Rights’ ‘fair balance’ review Natalia Kobylarz 16 Inter-American approaches to the protection of the right to a healthy environment and the Rights of Nature and potential contributions to the European human rights system Jorge Calderón-Gamboa and Julie Diane Recinos 86 Does the European Convention on Human Rights guarantee a human right to clean and healthy air? Litigating at the nexus between human rights and the environment – the practitioners’ perspective Irmina Kotiuk, Adam Weiss and Ugo Taddei 122 The climate change dimension of human rights: due diligence and states’ positive obligations Christina Voigt 152 The future of environmental cases in the European Court of Human Rights: extraterritoriality, victim status, treaty interpretation, attribution, imminence and ‘due diligence’ in climate change cases Monica Feria-Tinta 172 The Strasbourg Principles of International Environmental Human Rights Law – 2022 195

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Book SynopsisThis incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades' experience in the field. Taking a comprehensive approach, chapters cover the treatment of human rights in all major cultures, religions, ideologies and global regions and assess the competence of all relevant international institutions. The book investigates the idea of human rights relativism and allegations of hypocrisy and double standards, as well as illuminating the diplomatic methods employed by nations wishing to evade human rights obligations. It also analyses the place of the law within the United Nations and regional human rights systems, along with compliance and enforcement mechanisms, and examines two emerging dimensions of human rights: in cyberspace and at sea. Students and scholars of human rights across the fields of law, politics and international relations will find this unique book invaluable. Its concise, accessible style will also make it useful reading for government officials, those working for NGOs and members of the public with an interest in human rights.Trade Review'The West has long dominated the development and enforcement of human rights law and the practice of human rights diplomacy. Kriangsak Kittichaisaree applies his deep and broad experience in the field to provide an eminently readable and essential piece of the global puzzle: an exposition of the history and present-day practice of human rights, as well as the challenges of tomorrow, from a wider perspective.' --Gabor Rona, Columbia Law School and Cardozo School of Law, US, and former International Legal Director, Human Rights FirstTable of ContentsContents: Preface 1. Introduction to International Human Rights Law 2. Human Rights Universalism: Myth or Reality? 3. United Nations Human Rights System: Clash of Politics, Idealism and Law 4. Regional Human Rights Mechanisms: Tailor-Made for the Locals? 5. International Human Rights Treaty Obligations: Is Everyone Protected? 6. Complying With and Enforcing International Human Rights Law: Can the Bad Guys Get Away With It? 7. Universalization of International Human Rights Norms: Reassessment 8. Human Rights in New Dimensions: In Cyberspace and At Sea Index

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Book SynopsisThis innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.Bringing together contributions from leading scholars and legal practitioners, this comprehensive book addresses a gap in the literature on the role of human rights within highly complex contracts, such as public-private partnerships (PPPs), in infrastructure development. Chapters analyse key human rights issues across the life cycle of projects using case studies that investigate communities, service users and workers in public procurement supply chains as human rights holders. Further, it explores the issues facing women as different role-players – namely as workers, service users, decision-makers and government suppliers. Case studies include procurement of healthcare infrastructure and megasporting events. The editors also propose solutions and new ways forward in the advancement of the sustainable public procurement agenda, both for developed and developing countries, to deliver infrastructure that brings social return without harming human rights.Developing more inclusive approaches to infrastructure that address rightsholders and stakeholders – including communities, workers, service users, and particularly women – this book will be a thought-provoking resource for scholars and students, as well as for human rights lawyers, advocates and policy makers alike.Trade Review‘The book Sustainable Public Procurement of Infrastructure and Human Rights: Beyond Building Green, edited by Olga Martin-Ortega and Laura Treviño-Lozano is a comprehensive and well-written compilation on a very important issue that has not received significant academic attention. The book considers the importance of sustainability in infrastructure procurement from a wide range of perspectives, examining the gaps in sustainable procurement, the different modalities of infrastructure procurement, different sectors (economic infrastructure, sports and health), and the human rights risks inherent in infrastructure procurement. The book in particular, considers the involvement of the private sector and donors in the provision of infrastructure, highlighting how the private sector and donor inputs can be harnessed to improve the sustainability and mitigate human rights risks in infrastructure procurement. The book considers practical ways to mitigate human rights risks in infrastructure procurement, focusing on risk assessment, a gendered analysis and a developmental perspective. In the context of Covid-19 recovery and meeting the Sustainable development goals, the book could not be more timely, needed and welcome.’ -- Sope Williams, University of Nottingham, UKTable of ContentsContents: Foreword xii Roberto Caranta PART I LINKING HUMAN RIGHTS AND SUSTAINABILITY IN PUBLIC PROCUREMENT OF INFRASTRUCTURE 1 Sustainable public procurement of infrastructure and human rights: linkages and gaps 2 Laura Treviño-Lozano and Olga Martin-Ortega 2 Access to infrastructure as a human right: making public– private partnerships work for the people 28 George Nwangwu 3 A 360-degree approach to women’s inclusion in infrastructure 60 Cristina Contreras Casado 4 Financing infrastructure procurement and workers’ rights: the role of regional development banks 86 Miriam Mbah and Ama Eyo PART II BUILDING HOSPITALS FOR PEOPLE 5 Development, infrastructure and human rights: the role of human rights impact assessments 112 Josua Loots 6 Interventions in hospital construction: early action for the realisation of human rights 140 Annabel Elise Short 7 The mismatch of public–private partnerships and the right to health 160 Johanna Hoekstra and Luis Felipe Yanes PART III FOR THE GAME: INFRASTRUCTURE FOR MEGA-SPORTING EVENTS 8 Human rights risks and opportunities in mega-sporting event procurement 195 William Rook and Daniela Heerdt 9 Human rights and developmental considerations in procuring for Africa’s first World Cup 215 Geo Quinot PART IV CONCLUSIONS 10 Beyond building green: putting people at the core of sustainable procurement of infrastructure 238 Olga Martin-Ortega and Laura Treviño-Lozano Index

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Book SynopsisThis important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making.Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.Trade Review‘This edited volume is a solid and welcome intervention in the highly topical and fast-growing literature on business and human rights more generally, and as it concerns Africa – a continent on which the negative impacts of the activities of large business corporations has been hard felt for centuries now. Professors Olawuyi and Abe have conceptualized and put together a very impressive, seventeen chapter, multidisciplinary, well-researched and well-written book, with a highly developed and painstakingly developed overarching scholarly apparatus. The book’s socio-legal interrogation of the processes that create, and harms that result from, what its editors appositely refer to as “a cultural politics of corporate irresponsibility” is well integrated into its accompanying deep dive into “the complex legal, ethical and business questions” that are intimately connected to that phenomenon. Readers from a wide variety of disciplines and backgrounds will surely find the book’s conceptual depth and broad coverage as impressive, relevant and useful, as its practical utility in a variety of professional contexts.’ -- Obiora C. Okafor, UN Independent Expert on Human Rights and International Solidarity‘This volume provides much-needed African perspectives on the business and human rights landscape. Such work should help in promoting business respect for human rights and corporate acceptability in different world regions.’ -- Surya Deva, Macquarie Law School, Australia‘This timely and innovative book provides a seminal analysis of the practical application of business and human rights norms in the African context. As African countries adopt legislation and guidelines aimed at addressing the impacts of business activities on human rights, a comprehensive analysis of such emerging laws, and by leading African scholars, has been long overdue. Covering key topics from institutions to legislation and governance, the in-depth and systematic approach of this book makes it a must-read for students, academics, practitioners, policy makers and business leaders in Africa and beyond.’ -- Ilias Bantekas, Hamad bin Khalifa University, QatarTable of ContentsContents: Preface and Acknowledgements xi PART I INTRODUCTORY CONTEXT AND PRINCIPLES 1 Introduction – Business, human rights, and the United Nations Guiding Principles 2 Oyeniyi Abe and Damilola Olawuyi 2 States’ duty to protect under international human rights principles against corporate-related human rights abuse 21 Nojeem Amodu PART II CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS IN KEY SECTORS 3 Financial compensation for business-related human rights violations in the mining sector 38 Lyla Latif 4 The United Nations Guiding Principles on Business and Human Rights and Uganda’s extractive sector 56 Michael Nyarko 5 Reconsidering capitalistic commerce and the UNGPs through the prism of environmental human rights 75 Herbert Kawadza 6 Corporate accountability for climate change 92 Muriuki Muriungi 7 Rethinking the role of business enterprises in the fight against inequality 107 Fola Adeleke 8 Human rights and taxation in developing countries 126 Eghosa Ekhator, Chisa Onyejekwe and Newman Richards 9 Foreign direct investment in Kenya and the rights of indigenous peoples 150 Hope Joyce Otieno 10 Human rights, business enterprises and tenure security in Cameroon 171 Semie Sema 11 Business enterprises in renewable energy projects in Africa and the human rights questions arising from the duty to protect 188 Peter Oniemola PART III ACCESS TO REMEDY FOR VICTIMS OF CORPORATE-RELATED HUMAN RIGHTS VIOLATIONS IN AFRICA 12 The missing forum for corporate human rights violations in Africa 208 Hassan M. Ahmad 13 Promoting access to justice for corporate human rights violations in Africa 228 Adaeze Okoye 14 Protect, respect and remedy 248 Florence Shako PART IV CONCLUSION 15 A regional policy framework on business and human rights in Africa 265 Romola Adeola and John Ikubaje 16 Advancing business and human rights law and practice in Africa 283 Damilola S. Olawuyi and Oyeniyi Abe Index

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Book SynopsisThis timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion and contribute to the promotion and protection of human rights.This interdisciplinary book brings together experts in the fields of art, cultural heritage, social justice, human rights, international law, and transitional justice, and presents the idea that a complex interplay between morality, politics, law, and aesthetics remains present in concrete settings such as the rights of cultural creators, the right to artistic expression, art as a catalyst of change in times of conflict, and post-conflict restitutions. The book offers vignettes of current debates in art and human rights, tackling issues at the confluence of these fields by providing a general framework upon which the conversation can be built, and by bringing to the discussion a diverse range of contemporary themes and concrete case analyses.This book will be an ideal read for academics interested in international law, transitional justice and human rights. Historians, lawyers, artists, and activists looking to explore the relationship between art and human rights in times of war, peace, and transition through their assessment of contemporary issues will also benefit from this comprehensive book.Table of ContentsContents: Foreword Karima Bennoune x Introduction 1 Fiana Gantheret PART I PEACE: THE RIGHT TO ART SECTION 1.1 RIGHT TO CULTURE: CONTEMPORARY ISSUES 1 Legal framework: Is there a right to art? 19 Nolwenn Guibert 2 The human rights of artists: What did the pandemic teach us? 38 Elsa Stamatopoulou SECTION 1.2 RIGHT TO ARTISTIC EXPRESSION 3 Dancing in dialogue: The notion of dance in politically fragile contexts 60 Rose Martin and Shyrine Ziadeh 4 Progressive autonomy of artistic freedom in international law: The contribution of the UN in promoting new economic, social, and cultural rights-based approaches 76 Laurence Cuny SECTION 1.3 ART AND SOCIAL JUSTICE 5 Freedom and the archive 99 Germaine Ingram and Toni Shapiro-Phim PART II CONFLICT(S) SECTION 2.1 REPRESENTATION OF CONFLICT THROUGH ART 6 Seeing and unseeing war in Afghanistan: War, trauma and contestation of the human rights frame 121 Henry Redwood and Hannah Partis-Jennings 7 The forensification of propaganda in epic poetry and Serb leadership cases at the ICTY 141 Predrag Dojčinović SECTION 2.2 ART AS A CATALYST FOR CHANGE IN CONFLICT 8 War on war! Artful weapons in times of war and conflict 165 Bernadette Buckley 9 Cultural diplomacy: The theory and the practice of a bridging concept 188 Roula El Derbas SECTION 2.3 ART: A TARGET OF CONFLICT 10 Preserving and protecting cultural property, art, and antiquities during conflict: Recent experiences in Syria, Iraq, and Libya 209 Michael Danti PART III POST-CONFLICT APPROACHES SECTION 3.1 ART IN NON-JUDICIARY TRANSITIONAL JUSTICE MECHANISMS 11 Art, truth, reconciliation and resistance: Reaching out in Sierra Leone and Canada 230 Rachel Kerr 12 Take me to court: Museum-making and transitional justice in Colombia 247 Sofía N. González-Ayala and Cristina Lleras SECTION 3.2 INTERNATIONAL CRIMINAL JUSTICE AND ART 13 Artistic strategies by and about the International Criminal Court 266 Sofia Stolk 14 Reparations for cultural heritage destruction at the ICC and the limits of human rights 281 Marina Lostal SECTION 3.3 RESTITUTION OF CULTURAL PROPERTY 15 Restitution of WWII cultural property: Philosophical and legal approach 306 Kamil Zeidler and Agnieszka Plata 16 The return of the cultural objects displaced during the colonial era: An overview of solutions, challenges and misgivings from the perspective of international law 327 Alessandro Chechi Conclusion: Universality, dignity, and the five great elements 346 Marina Aksenova Index

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Book SynopsisHuman Rights and Disasters provides a comprehensive analysis of the positive obligations of States under human rights law and their potential to improve protection against disasters. The book examines the practice of international and regional human rights supervising authorities to identify emerging positive obligations and recommendations and investigates how such duties interact with other applicable norms of international law in different disaster settings.Exploring the relevance of duties to act for all phases of the emergency management cycle, the book analyses how these can be applied to specific types of disasters, focusing on extreme weather events, epidemic outbreaks, and nuclear accidents. Through in-depth analysis of various case studies, the book presents a compelling argument for the importance of a human rights-based approach to disaster management.Contributing to different areas of research, including those related to the interplay of human rights and disasters, this book will be an essential resource for students and scholars in the fields of disaster risk reduction, global public health, and public international law. It will also be beneficial to non-governmental organisations, policymakers, and practitioners working to improve the protection of vulnerable populations from the devastating impacts of disasters.Trade Review‘This volume is the first comprehensive analysis on positive human rights obligations related to the protection of persons affected by disasters. Through an in-depth review of the growing practice by human rights bodies, Silvia Venier contributes in an original way to shaping the debate on the increasing relevance of human rights law in disaster management.’ -- Giulio Bartolini, Roma Tre University, Italy‘This well-researched book provides an excellent and original contribution to the academic debate on the increasing relevance of human rights law in disaster management, by taking protection against extreme weather events, epidemic outbreaks and nuclear accidents as case studies. Silvia Venier offers an engaging and thoughtful analysis of the many ways in which international human rights law frames the conduct of States (and of other relevant stakeholders) across the disaster cycle. This book will prove to be highly valuable for practitioners or academics interested in the legal aspects of disaster management, covering issues that will only increase in significance in the very near future.’ -- Emanuele Sommario, Sant’Anna School of Advanced Studies, ItalyTable of ContentsContents: 1. Introduction: International Human Rights Law and Disasters 2. An overview of the positive dimension of international human rights law as applicable to protection against disasters 3. Positive obligations identified within the United Nations Human Rights System 4. Positive obligations identified within regional human rights regimes 5. Applying positive obligations to specific disaster situations and exploring their interplay with other applicable norms of international law 6. Concluding remarks on protecting Human Rights against Disasters Bibliography Index

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity.Chapters written by international experts cover a broad range of topics including humanitarianism, transitional justice, economic rights, academic freedom, women's rights, environmental justice, and business responsibility for human rights. The book highlights the importance of contemporary research agendas for human rights being centred on questions of governance and fulfilment, shifting responsibilities, rights interdependence and global inequality.This is a critical read for students and scholars of human rights law, politics and international relations. The strong forward-looking agenda and coverage of a large number of fields within human rights studies will be helpful for advanced students looking for new areas of study for research projects.Trade Review'This very timely volume looks forward to a dynamic new interdisciplinary agenda for human rights research. Including chapters on the origins of human rights, the insights economics offers for women's rights and the imminent dangers of environmental activism, it illustrates the diverse approaches to human rights scholarship as well as the urgent need for it. Michael Stohl and Alison Brysk's A Research Agenda for Human Rights is an excellent riposte to recent assertions about the end or futility of the human rights project.' -- Neil Mitchell, University College London, UKTable of ContentsContents: 1 Introduction to A Research Agenda for Human Rights: Generations of human rights scholarship 1 Alison Brysk 2 The study of human rights history: A corpus-based linguistic approach to ’human rights‘ in the nineteenth-century British press 9 Eetu Vento 3 Humanitarianism: Coping in the void 23 David P. Forsythe 4 ‘People out of place’: Developing a human rights research agenda on internally displaced persons 37 Champa Patel 5 International human rights law: Progress and prospects 51 Kyle Rapp and Wayne Sandholtz 6 The future of transitional justice: Mercy or impunity? 75 Iosif Kovras 7 Academic freedom as a human right 89 George Andreopoulos 8 Socio-economic rights: Consolidating progress, charting future directions 111 Inga T. Winkler 9 Women’s rights: Then and now 127 Feryal Cherif 10 Inhumane environments: Global violence against environmental justice activists as a human rights violation 141 Jeff Feng, Matto Mildenberger and Leah C. Stokes 11 The public, the private, and the business-societal: A threefold approach to business responsibility for human rights 155 Janne Mende 12 Understanding human rights at the local level 173 Gerd Oberleitner and Klaus Starl Index 187

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Book SynopsisBrice Dickson examines the engagement of the United Kingdom with international human rights monitorin1g mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK.By analysing the role that monitoring mechanisms are meant to play in enforcing human rights standards, and the UK's commitment to that role, Dickson considers in turn the work of general monitoring mechanisms, mechanisms focused on civil and political rights or on social and economic rights, and mechanisms assessing discrimination based on gender, race, age or disability. The book demonstrates that, while monitoring mechanisms certainly play a crucial role in holding the UK government to account, crediting them with enhancing the protection of any specific right is problematic.Providing a comprehensive study of the operation of international human rights monitoring mechanisms, this book will be an insightful resource for human rights law students and scholars, particularly those concerned with civil, social and non-discrimination rights. Academics interested in public international law and politics will also benefit from this text.Trade Review‘This book examines the effectiveness of international human rights monitoring mechanisms at the global and European level with particular reference to their influence on the protection of human rights in the UK. The book tackles a longstanding void in comparative analysis of these mechanisms. Written in an accessible and engaging style, Dickson provides a well-structured analysis that will have practical value at the jurisdiction-specific level in the UK and which will contribute to the wider body of knowledge on the effectiveness of such mechanisms.’ -- Suzanne Egan, University College Dublin, Ireland‘This landmark analysis combines an insightful exploration of the complex web of human rights monitoring mechanisms to which the UK is subject with a rigorous and trenchant critique of both the UK’s engagement with them and of those mechanisms themselves. It is a tour de force and essential reading.’ -- Sir Malcolm Evans, University of Bristol Law School, UK‘By using the UK as a case study, Dickson has succeeded in making the link between the international and the national and invigorated the study of international human rights monitoring mechanisms. This book is a valuable resource for all of those engaged in the study and practice of international and national human rights law.’ -- Merris Amos, Queen Mary University of London, UKTable of ContentsContents: Preface 1. Introduction to International Human Rights Monitoring Mechanisms 2. International monitoring as a human rights enforcement mechanism 3. UK engagement with international monitoring 4. General monitoring 5. The monitoring of civil and political rights 6. The monitoring of economic, social and cultural rights 7. The monitoring of racial and minority discrimination 8. The monitoring of gender, age and disability discrimination 9. Concluding observations on International Human Rights Monitoring Mechanisms Index

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Book SynopsisConceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitarō, this topical book formulates ways to operationalize alternative visions of human rights practice.Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitarō, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy.Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.Trade Review‘Yahyaoui Krivenko’s vision of the human rights philosophy is most needed today to overcome the limitations of human rights narrowly construed around the individualised experience of each human being. This reconceptualisation will be particularly useful when applied to issues such as environmental degradation and climate change. Since the planet is an ecosystem which is not human-centered, we need to initiate a decentering of human rights allowing us to embrace the complex interactions between all life forms and natural processes on Earth, and to situate the human experience among this new conception of “reality”.’ -- François Crépeau, McGill University, CanadaTable of ContentsContents: 1. Introduction to The Logic of Human Rights 2. Reason, logic, and the subject/object dichotomy in the West 3. The traditional logic of human rights and the subject/object dichotomy 4. Beyond the subject/object dichotomy: topo-logic 5. Human rights through topo-logic: a theoretical foundation 6. Human rights through topo-logic: possibilities of operationalization 7. Conclusion to The Logic of Human Rights Index

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Book SynopsisIn this timely book, Alexandra Harrington examines the legal and policy terms contained in transitional justice mechanisms through the lenses of intergenerational equity and justice, and the impact on current and future generations. Based on these findings, she offers a new definition of transitional justice that focuses on generational incorporation to ensure a durable, equitable and just peace.Proposing a more nuanced definition of transitional justice in the setting of internal armed conflict, chapters address both the histories and the analyses of different conflicts. Harrington reviews the core findings and their potential impacts for crafting transitional justice mechanisms that are inclusive of the needs of children and youth, current and future generations, intergenerational equity and intergenerational justice. The book also focuses on the variety of agreements and instruments adopted for peace through trend analysis and information gathering.The Future of Peace will be a valuable resource for legal scholars and academics interested in conflict and peace studies. Those interested in human rights law and public international law will also find this to be a beneficial read.Table of ContentsContents: List of acronyms 1 Introduction to The Future of Peace 2 Peace agreements, intergenerational equity and intergenerational justice 3 Ceasefire agreements, intergenerational equity and intergenerational justice 4 Truth and reconciliation mechanisms, intergenerational equity and intergenerational justice 5 Justice mechanisms, intergenerational equity and intergenerational justice 6 Conclusion Index

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Book SynopsisFeminist Frontiers in Climate Justice provides a compelling demonstration of the deeply gendered and unequal effects of the climate emergency, alongside the urgent need for a feminist perspective to expose and address these structural political, social and economic inequalities. Taking a nuanced, multidisciplinary approach, this book explores new ways of thinking about how climate change interacts with gender inequalities and feminist concerns with rights and law, and how the human world is bound up with the non-human, natural world.With contributions from leading scholars in law, feminism, human rights and politics, this book considers how equality is conceptualised experienced and used in policies, law and practice that are integral to climate justice. Chapters reveal how international and national policy and legal frameworks fall short on gender equality and climate justice. Overall, the book demonstrates that the climate crisis demands an ambitious and transformative approach to equality, including developing feminist ideas of care and social reproduction, to reconstruct law and policy towards a more just world for all.This ground-breaking book will be essential reading for scholars across many areas of law including environmental law, human rights, public international law, law and gender, and law and development. Its discussion of the international framework alongside in-depth casestudies and assessments of women’s mobilization strategies will also be highly relevant to social scientists, officials in international organizations, policymakers, lawyers and activists.Trade Review‘Hearty congratulations to the authors of Feminist Frontiers in Climate Justice for exposing the gender discriminatory dimensions of climate injustices. The best way to honor this book is to read it and ask how we can bring feminist perspectives to the development of mitigation and adaptation strategies necessary to achieve climate justice.’ -- Rebecca Cook, University of Toronto, CanadaTable of ContentsContents: Introduction – Feminist Frontiers in Climate Justice: Rights, climate change and gender equality 1 Cathi Albertyn, Helena Alviar García, Meghan Campbell, Sandra Fredman and Marta Rodriguez de Assis Machado 1 The inequality of climate change and the difference it makes 17 Shreya Atrey 2 A critical evaluation of inter-generational equity and its application in the climate change context 40 Kate Wilkinson Cross 3 A feminist critique on gender based violence in a changing climate: Seeing, listening and responding 68 Rowena Maguire 4 A greener CEDAW: Adopting a women’s substantive equality approach to climate change 90 Meghan Campbell 5 The world of work: A green and feminist future? 116 Sandra Fredman 6 Radical connectedness: Reproductive rights, climate justice and gender equality 138 Cathi Albertyn 7 Gender equality and climate change in plural legal contexts: A critical analysis of Kenya’s law and policy framework 165 Patricia Kameri-Mbote and Nkatha Kabira 8 Climate change and gender in Colombia: Exploring female led struggle in the flower industry 188 Helena Alviar García and María Carolina Olarte-Olarte 9 The value of litigation to women environmental human rights defenders in South Africa 213 Lisa Chamberlain 10 ‘Grass in the cracks’: Gender, social reproduction and climate justice in the Xolobeni struggle 246 Beth Goldblatt and Shireen Hassim 11 Indigenous women against Bolsonaro’s government in Brazil: Resisting right-wing authoritarianism and demanding climate justice 268 Marta Machado, Denise Vitale and Danielle Rached Index

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Book SynopsisIn an age of intolerance where religious persecution is widespread, Barbara Ann Rieffer-Flanagan explores how societies can promote freedom of religion or belief as a fundamental right of citizensExamining the extent of religious persecution throughout the world, this cutting-edge book explores mechanisms to address religious intolerance and develop religious freedom, outlining the necessary factors to measure progress on the protection of this fundamental human right. Chapters explore how freedom of religion or belief can be institutionalized in dispositions, laws, and policies through efforts which limit negative depictions of the religious (or non-religious) Other in public discourse. Rieffer-Flanagan demonstrates how reforms that enhance the ability of civil society actors to operate can also promote freedom of religion or belief, and how states and IGOs can support these efforts. Ultimately, this innovative book proves that reforms must be continually nurtured for freedom of religion or belief to exist in society.With interview-based research and a diverse range of regional case studies, this will be a vital resource for students and scholars of philosophy, religion, human rights law and political science. Considering the role of leaders in the promotion of religious tolerance, the book will also prove invaluable to policymakers concerned with human rights and freedom of religion or belief.Trade Review‘In calling for a “coherent multilayered approach” to promote religious freedom, this thoughtful and comprehensive book of keen insight details the messy process of progress, offering comparative perspectives, policies and practices from around the world that can teach us all. Promoting Religious Freedom in an Age of Intolerance is that rare read of ready reference relevant to academics and activists alike.’ -- Chris Seiple, President Emeritus, Institute for Global Engagement, US‘This innovative analysis of how to achieve religious tolerance focuses on four key actors: international organizations, US foreign policy, political leaders, and civil society. It includes fascinating sections on Saudi Arabia, Egypt, Oman, Uzbekistan, Vietnam and Sweden. A key insight is that enlightened autocrats sometimes protect religious tolerance.’ -- Rhoda Howard-Hassmann, Wilfrid Laurier University, Canada‘This is an original and substantive work based on much reading, interviewing, and reflection. For those interested in religious tolerance and religious freedom, which are not the same, Flanagan shows well the difficult challenges to be overcome as well as laying out multiple paths to progress. Religion and politics are at the center of national and international affairs. This book helps the reader understand that important and complex linkage.’ -- David P. Forsythe, University of Nebraska-Lincoln, USTable of ContentsContents: Preface 1. Building religious freedom 2. History lessons on religious tolerance and religious freedom 3. Working collectively: multilateral approaches to the promotion of freedom of religion or belief 4. Protecting the faithful in foreign policy: Washington’s efforts on freedom of religion or belief 5. Reforming education: teaching narratives of religious tolerance 6. Tolerant leadership in Tashkent: the role of leaders in the promotion of religious tolerance 7. The role of civil society: the Institute for Global Engagement and Vietnam 8. Promoting religious freedom in Egypt 9. Tending to human dignity in the garden Index

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Book SynopsisThis unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory.This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.Trade Review'Yahyaoui Krivenko's compelling analysis reveals just how structurally embedded international human rights law's (mis)understanding of gender, as male/female duality and biological fact, is. This not only restricts law's capacity to fully comprehend how gender hierarchies impact on the enjoyment of human rights, but also implicates human rights law itself in perpetuating gendered harms. Yahyaoui Krivenko's call for disrupting this damaging gender script, and the openings she identifies as places to start, present a challenge to us all.' -- Dianne Otto, The University of Melbourne, AustraliaTable of ContentsContents: 1. Introduction 2. Gender and its complexities 3. Human rights and gender: the first stage 4. Feminist approaches, gay and lesbian studies, queer theory: their engagement with gender and human rights 5. Human rights and gender: the second stage 6. Successes and challenges: right to be free from violence 7. Successes and challenges: culture and human rights 8. Successes and challenges: family and human rights 9. General conclusions Index

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Book SynopsisThis insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights? Expert contributors illustrate the interdependence between these three key issues in an unprecedented way, addressing many of the contemporary criticisms voiced against the human rights system and the reasons for popular skepticism about human rights. In order to interrogate the deficiencies of the UDHR, chapters analyse the following questions: Can and should we keep claiming that human rights are universal? Is their proliferation rendering human rights meaningless? And have human rights become too costly? The book concludes that there is a pressing need for a renewed and lasting commitment to human rights. We cannot afford not to afford human rights. This book will be a valuable resource for academics and students of international relations, the political sciences and comparative legal studies. Covering policy and advocacy issues as well as the evolution of case law regarding particular human rights, it will also be beneficial for policy-makers and human rights practitioners.Table of ContentsContents: INTRODUCTION 1. The Interdependence of Issues Relating to the Universality, Proliferation and Costs of Human Rights Thomas Van Poecke, Marie Bourguignon, Jan Wouters and Koen Lemmens PART I: THE UNIVERSALITY OF HUMAN RIGHTS 2. The Mythic Universality of the Universal Declaration on Human Rights: Revisiting the Drafting History of the UDHR in Search for a Foundational Theory Nick Goetschalckx 3. The Case for a Comprehensive Global Human Rights Treaty under UN Auspices Prof. Dr. Konstantinos D. Magliveras 4. The Universality of Human Rights: A European perspective Prof. Dr. Paul Lemmens 5. Recognition of Same-Sex Relationships under the ECHR: Till Death – or the Lack of European Consensus – Do Us Part Dr. Johan Lievens and Nele Verbrugghe Part II: THE PROLIFERATION OF HUMAN RIGHTS 6. The Proliferation of Human Rights: Between Devotion and Calculation Prof. Dr. Kasey McCall-Smith 7. Human Rights Adjudication: Between Hopes and Failures Dr. Dalia Palombo 8. Sustainable Development in “New Generation” Trade Agreements of the European Union: Towards Integration or Fragmentation of the Human Rights Language?’ Michelle Meulebrouck 9. Denationalization under the EC(t)HR: A Need for an Autonomous Human Right to a Nationality? Louise Reyntjens PART III: THE COSTS OF HUMAN RIGHTS 10. Economic, Social and Political Costs of the (Non-)Realization of Human Rights: Towards a New Social Contract Prof. Dr. Felipe Gómez Isa 11. Conflicts in Human Rights-Based Development Dr. Gustavo Arosemena and Bart Kleine Deters 12. Rights and Development: The Costs of Human Rights in Ethiopia Dr. Dina Townsend and Dr. Nicky Broeckhoven 13. The Least Financially Accountable Branch? The Right to Health and the Judiciary’s Power of the Purse: An Israeli Perspective Dr. Hillel Sommer CONCLUSION 14. The Human Rights Project: Perspectives on Universality, Proliferation and Costs of Human Rights Dima Yared Index

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Book SynopsisThis original book presents a critical analysis of the interface between international intellectual property law and international investment law through the lens of intertextuality. It argues that a structuralist approach to intertextuality can be useful in the context of legal interpretation, especially in relation to the interpretation of treaties.Emmanuel Kolawole Oke critically evaluates the assumption that investment tribunals cannot take the rules of international intellectual property law into account when resolving investment disputes concerning intellectual property rights. He demonstrates instead the ways in which investment tribunals can and should adopt an intertextual approach when resolving such disputes, which, in turn, will help to preserve the intellectual property policy space of host states.Providing useful and thought-provoking insights, this book will be beneficial for legal scholars and students in the fields of intellectual property law, international investment law, and human rights. It will also be of great assistance to arbitrators faced with investment disputes involving intellectual property rights, as well as policy makers engaged in the negotiation of trade and investment agreements.Trade Review‘This original book advances a refreshing intertextual approach to interpreting international investment agreements in the intellectual property context. It also provides insightful and up-to-date analysis of the latest disputes in this area. The book should appeal equally to those studying intellectual property law and policy and those practising on the front lines of investment law.‘ -- Peter K. Yu, Texas A&M University, USTable of ContentsContents: 1. Introduction to The Interface between Intellectual Property and Investment Law 2. Intertextuality and Legal Interpretation 3. The Interface between Intellectual Property and Investment Law: An Intertextual Methodology 4. Defining Intellectual Property as an Investment 5. Fair and Equitable Treatment of Foreign Investments and Intellectual Property Rights 6. Expropriation and Intellectual Property Rights 7. Conclusion Index

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Book SynopsisThis timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment. Building on existing scholarship on State responsibility for aid or assistance, this incisive book is the first to focus on how the complicity of international organizations in human rights and humanitarian law violations can be established. Through a re-examination of classic legal notions such as due diligence and effective control, and their application to the problem of UN responsibility for complicity, Dr. Magdalena Pacholska provides a pertinent analysis of the complex issues surrounding the UN's legal exposure for its activities in the field of peace and security. Legal advisers working for the UN and other international organizations, national Ministries of Defence, and courts with jurisdiction in this area, will find this book's insights both valuable and useful in practice. It will also be of interest to scholars and employees of NGOs with a focus on international humanitarian law and the accountability of international organizations. Trade Review'This book provides a thorough analysis of some of the important legal questions arising in the day-to-day complex functioning of contemporary peace operations and offers thought-provoking ideas grounded in systemic, in depth study of a variety of legal norms, principles and concepts from various fields of international law. Practitioners will appreciate particularly the comprehensive examination of the International Law Commission's over half a century long work on State and International Organizations responsibility laid before the reader in a forthright yet insightful manner. A must-read for practitioners advising decision makers in states and international organizations.' --Eric Mongelard, Office of the United Nations High Commissioner for Human Rights'This cutting-edge study offers a rigorous analysis of major issues in the law of international organizations' responsibility. It covers a broad range of legal sources, highlights central controversies in this rapidly developing legal field and enriches international legal scholarship.' --Moshe Hirsch, Hebrew University of Jerusalem, Israel'The legal responsibility of UN peacekeeping forces for aiding or not preventing violations of international humanitarian law remains among the most vexing questions in contemporary international law. This new treatise by Dr. Magdalena Pacholska fills a critical gap in legal doctrine and theory on this topic. It offers a comprehensive, meticulous and creative approach to the responsibility of international organizations for complicity in violations occurring during armed conflicts, and lays the ground for holding UN peacekeepers to legal account.' --Yuval Shany, Hebrew University, IsraelTable of ContentsContents: 1. Introduction 2. From Impartiality to Complicity? The Evolution of UN Peace Operations 3. Legal Regime of the Responsibility of International Organizations 4. Responsibility for Complicity in Public International Law 5. Due Diligence and Responsibility for Complicity: The Quest for Clarification 6. Responsibility for Complicity and the Plurality of Responsible Actors 7. General Conclusions Index

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Book SynopsisThis timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.Trade Review'Suzanne Egan and Anna Chadwick have brought together a range of emergent and established voices in this collection on the tensions and contradictions inherent in the roles of human rights in combating poverty. Multidisciplinary contributions explore theoretical and practical perspectives, framing the challenges across economical, political and geographical dimensions. Upon completion, the reader has undoubtedly a more holistic view of the tensions and contradictions encountered by human rights engagement in debates on poverty. Like all good books, it makes you think.' -- Rhona Smith, Newcastle University, UKTable of ContentsContents: 1 Introduction: Poverty and human rights – a multidimensional concept in search of multidimensional collaboration 1 Suzanne Egan PART I CRITICAL DEBATES 2 Keeping human rights out of poverty 23 Vittorio Bufacchi Poverty and the rhetoric of human rights: a reply to Bufacchi 35 Jesse Tomalty 3 China, extreme poverty and consequentialist theories of human rights 38 Graham Finlay 4 The legal construction of poverty: examining historic tensions between property rights and subsistence rights 54 Julia McClure 5 Human rights, poverty and capitalism 68 Anna Chadwick 6 (Post)human rights, poverty and inequality: problems of algocracy, pharmocracy and chemocracy 91 Su-Ming Khoo 7 Planet and people: making human rights distributive by design 105 Wouter Vandenhole 8 On the possibility of justified subsistence wars 122 Lonneke Peperkamp and Ronald Tinnevelt PART II CASE STUDIES 9 An emphasis on social rights: a boost for the UK’s popular rights discourse? 139 Aoife Daly and Alan Connolly 10 The provision of social assistance in Ireland and Spain: a human rights assessment 156 María Dalli 11 Operationalising rights-based approaches to development: chinks in the armour observed through a study of anganwadi workers in Odisha, India 171 Nita Mishra 12 Afterword: Poverty and human rights 188 Anna Chadwick Index 199

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Book SynopsisThis innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations. Kuzi Charamba explores the challenges of regulating PMSCs and the significant jurisprudential and practical difficulties that victims face in attaining recourse from PMSCs, whether through state or non-state, judicial or non-judicial mechanisms. In response to these problems, Charamba proposes the introduction of a new victim-focused grievance structure, based on international arbitration. He argues that this will provide for a more robust, inclusive, and participatory governance system to support the effective operation of a globally administered and locally accessible remedial mechanism. Taking a forward-thinking approach, the book also analyses law making and regulation by non-state actors in a globalized world and offers policy and legislative proposals for the reform of the national security sector. Hired Guns and Human Rights will be a valuable resource for students, scholars, and practitioners of international legal theory, international human rights law, global governance, business and human rights, and international dispute resolution. Its focus on both state and non-state responses to human rights grievances against corporations around the world will also benefit policy-makers and international NGOs.Trade Review'Private military and security companies rarely operate with immunity, but routinely do so with impunity. In theory, for example, they may be subject to local laws. In practice, however, the very reason for their presence is that law and order has broken down. Most attempts at regulation focus on the military and security side of this equation, analogizing them to state actors. In this provocative new book, Kuzi Charamba emphasizes their status as private companies, proposing a new regulatory architecture based on arbitration. In doing so, he makes a valuable contribution to the literature on PMSCs, as well as on business and human rights more generally.' --Simon Chesterman, National University of Singapore'This is an important book that highlights the potential of international arbitration as a method of resolving disputes involving private military and security companies (PMSCs). Kuzi Charamba argues persuasively that arbitration can deliver access to remedies for human rights abuses occurring in the context of PMSCs' global operations. He deftly combines theoretical insights with in-depth knowledge of the practical challenges posed in the PMSC sector, and comes up with a workable proposal of what arbitration can look like.' --Cedric Ryngaert, Utrecht University, the NetherlandsTable of ContentsContents: 1. The Current Avenues to Recourse against PMSCs 2. Regulation in Disarray 3. The Development of a Global Regulatory Network 4. The Law of a Global Regulatory Network: Part One; The Micro View 5. The Law of a Global Regulatory Network: Part Two; The Macro View 6. The Case for Adjudicating “Business and Human Rights” Violations outside of State-Based Legal Institutions 7. Outline of the Mechanism 8. The Jurisprudential Elements 9. Addressing “Access to Justice” Concerns Conclusion Bibliography Index

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Book SynopsisNow in its second edition, Dinah Shelton's pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today. Key features of this rigorously revised second edition include: Balanced, interdisciplinary coverage of both regional and international variations in human rights law, probing current challenges to the global regime Concise yet scrupulous coverage of historical and philosophical themes that have culminated in the present legal regime Updated statistics and ratification numbers to elucidate recent developments in human rights law. Succinct and cutting-edge, this second edition will be an invaluable guide for seasoned academics and researchers in the field, as well as students at all levels who require a comprehensive introductory text. Its practical insights and key statistical data will also provide a versatile reference point for practitioners in the field.Trade Review'International human rights law has become increasingly complex in its substantive standards, institutional structures, and interface with national law. Dinah Shelton harnesses a lifetime of experience in studying and practicing human rights law to provide an exceptional overview of the field, rich with penetrating insights, fit for beginners and specialists alike.' --Sean D. Murphy, George Washington University, US'This book provides a solid understanding of international human rights law at a time of increasing complexity, fragmentation and contestation. With depth and perspective, Dinah Shelton threads critical historical moments in the development, application and enforcement of this law. An invaluable source of knowledge and inspiration for anyone interested in the power and limits of international legal argument and available remedies for defending human rights.' --Jessica Almqvist, Lund University, SwedenTable of ContentsContents: Preface 1. Concepts and foundations 2. Historical overview 3. International institutions 4. The law of human rights 5. The rights guaranteed 6. Obligations 7. Compliance and monitoring mechanisms 8. Complaint procedures 9. Enforcement 10. Stock-taking Bibliography Index

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