Public international law: human rights Books

Book SynopsisThis edited collection examines the ethical, legal, social and policy implications of genome editing technologies. Moreover, it offers a broad spectrum of timely legal analysis related to bringing genome editing to the market and making it available to patients, including addressing genome editing technology regulation through procedures for regulatory approval, patent law and competition law. In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.

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Book SynopsisThe book offers analsys of numerous dimensions regarding the essential role of judicial independence in democracy, as well as analsys of basic constitutional principles and contemporary issues on judicial independence and judicial procces in many jurisdictions. It offers analsys of international standarts of judicial independence and judicial ethics.Table of ContentsPreface Acknowledgements Notes on Contributors Table of Cases Table of Legislation 1 General Introduction   Shimon Shetreet Part 1 Democracy, Rule of Law and Judicial Independence in Challenging Times 2 The Judiciary in Malta in Historical and Comparative Prespective   Vincent A. De Gaetano 3 Analysis of the Major Contemporary Threats and Challenges to the Independence of Justice   Diego Garcia–Sayan 4 Judicial Independence in the Face of Political Impunity   Tassaduq Hussain Jillani 5 Judicial Independence and Political Impunity A Brief Rejoinder from India   Arghya Sengupta 6 The Contribution of the Jurisprudence of the Supreme Court to the Protection of Social Rights   Justice Yosef Elron 7 Theory of Separation of Powers and Its Development in England   Shimon Shetreet Part 2 Measuring and Evaluation of the Justice System 8 Measuring Justice and Judicial Independence The Impracticable Imperative   Hiram E. Chodosh and Eric Helland 9 Artificial Intelligence and the Judiciary   Lord John Thomas 10 Evaluation and Measurement of Courts   Yigal Mersel 11 Scientific Evidence in Courts of Law An Overview   Jay Levinson, Eti Buchnik, Barak Ariel and Abraham J. Domb Part 3 Contemporary Challenges of Judicial Independence 12 Contemporary Challenges to Israeli Judiciary Proposed Judicial Reform   Shimon Shetreet 13 Public Opinion and Public Trust in the Israeli Judiciary   Nir Atmor and Menachem Hofnung 14 The Struggle for the Independence of the Judiciary in the Palestinian Authority   Haim Sandberg 15 The Legitimacy of Judge’s Consultation with Colleagues and External Experts   David Cheshin 16 Challenging the Traditional System of Appointment of Judges to the Federal Supreme Court in Switzerland   Gian Andrea Danuser Part 4 eli – Mount Scopus Project on Standards of Judicial Independence 17 The Significance of Developing International and European Standards of Judicial Independence The eli Mt Scopus Project   Shimon Shetreet 18 European Standards of Judicial Independence – Lessons from the Court of Justice of the European Union   Sophie Turenne 19 Judicial Self-governing Bodies Instruments of Independence or Path to Ossification?   Giuseppe Franco Ferrari 20 Challenges to Judicial Structural Independence in Slovenia   Marko Novak 21 The Challenge of Balancing Between Universality and Particularity in Shaping International Standards of Judicial Independence   Shimon Shetreet Part 5 Contemporary Issues on the Role of the Judiciary Constitutional Position of the Judiciary 22 The Struggle for Judicial Independence The Supreme Court as a Constitutional Beacon in El Salvador   Mónica Castillejos-Aragón 23 Jointly and Severally The Relationship between the President of the Supreme Court and the Minister of Justice of Israel   Shimon Shetreet 24 Court Packing and Judicial Independence An American Perspective   Jonathan L. Entin 25 The Dysfunctions of the Courts and Judicial Role   Maimon Schwarzschild 26 The Role of the Judge in Jewish Law   Shimon Shetreet Part 6 Honouring 40 Years of Pursuit of Judicial Independence of jiwp 27 The Work on Promoting Judicial Independence of the International Association on Judicial Independence and Its President Prof. Shimon Shetreet   Daphna Lewinsohn Zamir 28 Contribution of Shimon Shetreet to Public and Constitutional Law   Yoav Dotan 29 Our Pursuit of Judicial Independence Tribute to Shimon Shetreet on the 40th/75th Dual Anniversary   Hiram Chodosh 30 Defending the Independence of Judges and Lawyers in Challenging Times   Diego Garcia–Sayan 31 Promoting Judicial Independence at the National and International Level   Eliezer Rivlin 32 The Role of the Bar in Defending the Rule of Law in Israel   Avi Himi and Israeli Bar 33 A Note on Judicial Review of Government Decisions An Ancient Jewish Perspective   Asher Axelrod 34 Personal Reflections on Judicial Independence Historical Lessons and Contemporary Challenges   Shimon Shetreet Part 7 Appendices Appendix 1 Mount Scopus International Standards of Judicial Independence Appendix 2 Bologna Milano Global Code of Judicial Ethics 2015 Appendix 3 The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the iba New Delhi Convention 1982) Appendix 4 Montreal Universal Declaration on the Independence of Justice Appendix 5 UN Basic Principles on the Independence of Judges and Lawyers Appendix 6 United Kingdom Supreme Court Guide to Judicial Conduct (2019) Appendix 7 Code of Conduct for the Justices of the Federal Constitutional Court of Germany Index

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Book SynopsisWhat does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data.Table of ContentsAcknowledgments List of Figures 1 Introduction  1.1 Background and Problem Statement  1.2 Key Aims and Research Questions of the Book  1.3 Research Methodology  1.3.1 Country and Case Selection  1.3.2 Research Methods  1.3.3 Structure of the Book 2 Defining Compliance  2.1 Defining and Measuring Compliance  2.2 Compliance Theories  2.2.1 Causality between Human Rights Judgments and States’ Behavior  2.3 Modalities of Implementation in the Council of Europe System  2.3.1 Scope and Procedure of cm Supervision  2.3.2 Involvement of other Actors in the cm Supervision Process 3 Azerbaijan The New Achilles Heel of the Council of Europe?  3.1 Azerbaijan and CoE  3.1.1 Azerbaijan’s Accession to the CoE  3.2 Azerbaijan’s Compliance with ECtHR Judgments  3.2.1 Azerbaijan and the Court  3.2.2 Domestic Implementation System: One Man’s Land  3.2.2.1 Dual Role of the Agent’s Office  3.2.2.2 Allocation of Resources  3.2.2.3 Absence of Formal Procedures for Coordination and Involvement in the Process  3.2.2.4 Absence of Information and Public Scrutiny  3.2.3 Systematic Failure of ‘Good Faith’ Engagement with the cm  3.2.3.1 Triggers for Government’s Engagement with the cm Supervision Process  3.2.3.2 What Systemic Change on the Ground?  3.2.4 Explaining Azerbaijan’s Absence of Good Faith  3.2.5 Adequacy of the Response of the cm and the CoE to Azerbaijan’s Acting in Bad Faith  3.2.6 Why Does Azerbaijan Remain in the CoE?  3.3 Conclusion 4 Armenia’s Compliance with Judgments of the European Court of Human Rights A Litmus Test for the Council of Europe?  4.1 Armenia and CoE: Historical and Contextual Setting  4.1.1 Armenia and the ECtHR  4.2 Armenia’s Compliance with ECtHR Judgments  4.2.1 Domestic Implementation System  4.2.2 Armenia’s Compliance with ECtHR Judgments: Good Practices and Challenges  4.2.2.1 Factors Defining Compliance with ECtHR Judgments  4.3 Strasbourg’s Contributions to Compliance with ECtHR Judgments in Armenia  4.3.1 cm’s Engagement with the Supervision of Armenian Cases  4.3.2 Contributions of other CoE Bodies and Domestic Actors to Compliance  4.4 Conclusion 5 Georgia as Council of Europe’s Success Story in the South Caucasus  5.1 Georgia’s Accession and Its Membership in the Council of Europe  5.1.1 Georgia and the ECtHR  5.2 National System for the Implementation of ECtHR Judgments in Georgia  5.2.1 Absence of Strong Culture of Accountability, and Politicization of the Process  5.2.2 Insufficient Access to Information on the Implementation Process  5.3 Georgia’s Compliance with ECtHR Judgments  5.3.1 Georgia’s Engagement with the cm Supervision Process  5.3.2 Domestic Factors Shaping Georgia’s Engagement with Strasbourg Processes  5.3.2.1 Political Willingness as an Underlying Factor for Compliance  5.3.2.2 Intrusion of ‘Traditional’ Values and Pervasive Discrimination as a Complex Political and Societal Issue  5.3.2.3 ‘External’ Support to Compliance with ECtHR Judgments  5.4 Conclusion 6 Challenging the Unconditional Obligation Partial Compliance with ECtHR Judgments in the South Caucasus States  6.1 What Is Partial Compliance?  6.2 Forms of Partial Compliance  6.2.1 Minimalistic Compliance  6.2.2 Dilatory Compliance  6.2.3 Contested Compliance  6.3 Identifying Partial Compliance in the South Caucasus States: Methodological Considerations  6.3.1 Prescriptiveness of Judgments  6.3.2 Length of Time  6.3.3 Engagement with the cm Process  6.3.4 Diversification of Sources of Information  6.4 Explaining Partial Compliance in the South Caucasus States  6.4.1 Complexity of Human Rights Issues  6.4.2 Domestic Political Climate: International Reputation versus Domestic Interests  6.4.3 Effectiveness of Domestic Infrastructure for Compliance with ECtHR Judgments  6.5 Conclusions 7 Beyond Compliance Identifying Impact of European Court Judgments in the South Caucasus States  7.1 Concept of Impact of ECtHR Judgments in the South Caucasus States  7.2 Typologies of Impact  7.2.1 Material Impact on Individual Victims  7.2.2 Moral Impact on Individual Victims  7.2.3 Documentation and Exposure of States’ Human Rights Abuses  7.2.4 Wider Legal and Policy Impact of ECtHR Judgments  7.2.5 Mobilization of Civil Society Groups and National Human Rights Institutions  7.3 Conclusion 8 Conclusions Appendix Bibliography Index

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Book SynopsisWe are standing on the threshold of the robotic era, the fourth industrial revolution. The undeniable impact and consequences of robotics are already raising economic concerns, such as the loss of income tax revenue as robots gradually replace human workers, as well as legal doubts regarding the possible taxation of robots or their owners. Financial law must adapt to this new reality by answering several crucial questions. Should robots pay taxes? Can they? Do they have the ability to pay? Can they be considered entrepreneurs for VAT purposes? These are just some of the many issues that Dr. Álvaro Falcón Pulido lucidly and insightfully addresses in this fascinating new monographic work, which includes an exhaustive bibliography on the subject.Table of ContentsForeword Part 1 Robots and their Impact 1 Concept and Types  A Legal Concept of a Robot 1 What Is a Robot? a Appearance of the “Robot” Concept b Historical Evolution i Industry Definition of “Robot” ii Published Academic Definition of “Robot” 2 The Need for a Legal Definition of Robot a Absence of a Legal Definition of Robot b Possibility of a Legal-Tax Definition of Robot c Proposed Legal-Tax Definition of Robot  B Existing Robot Types 1 Criteria for Possible Robot Classification 2 Robotic Archetypes by Characteristics a Drones b Autonomous Vehicles c Softbots and Artificial Intelligence d Humanoid Robots: Androids and Cyborgs 3 Robotic Archetypes by Use a Industrial Machinery b Healthcare Robots i Prosthetic and Rehabilitation Robots ii Service and Care Robots iii Surgical Robots c Space and Military Robots  C Conclusions 2 The Need for Public Intervention to Face the Challenges Posed by Robotics  A The Impact of Robotics 1 Repercussions of Robotics for the Labor Market a Percentage of Automation b Speed and Intensity of Automation c The Offshoring and Reshoring Phenomenon 2 Repercussions of Robotics for the Economy a Economic Inequality  B On the Need to Regulate Robots 1 The Legal Framework of Robots a Adapting the Legal System to New and Emerging Realities b The Need for Legal Certainty 2 Objectives of Robot Taxation a Non-fiscal Purposes b Revenue Needs i Universal Basic Income ii Helping Companies and Workers Adapt to the New Labor Market  C General Principles of the Legal Regulation of Robots 1 Principles of Robot Law 2 Principles Inherent to Tax Law Part 2 Personhood 3 Personhood of Robots  A What Is Personhood? 1 Concept of Personhood 2 Historical Evolution a Legal Personality in Rome i Persons ii Foundations and Associations iii Slaves b Legal Personality of Companies c Animals: From Chattels to Sentient Beings d Robotic or Electronic Personhood i Comparison of Persons and Robots ii Traditional Legal Personhood versus a New Brand of Personhood: the Possibility of Using Existing Types of Legal Entities, such as Companies or Foundations iii Robotic Personhood as an Evolution of Legal Personhood: the Possibility of Attributing General Legal Capacity to Robots, thereby Creating a New Type of Legal Person iv Robots’ Capacity to Act and “Capacity of Representation”  B Do Robots Really Need Personhood? 1 The Need to Give Robots Personhood 2 Robots as Taxpayers a Robots as Entities with Personhood i Legal Capacity ii Capacity to Act b Robots as de facto Entities i Special Tax Capacity: a Tax Levied on Robots or on Robot Owners? Critique of the Theory of Special Tax Capacity ii Owners, Users, and Manufacturers as Taxpayers iii Financial Capacity and Ability to Pay  C Conclusions Part 3 Taxation and Robotics 4 Current Tax Treatment of Robots  A Comparison of the Tax Situations of Robots and Workers 1 Current Accounting Situation of Robots 2 Corporate Expenses a Robot Depreciation b Salaries and Social Security Contributions  B Subject of Subsidies, Deductions, and Tax Incentives for Research, Development, and Innovation (r&d + i) 1 Types a Direct and Indirect Financing b Direct and Indirect Tax Incentives c Input and Output Incentives 2 Tax Incentives in Spain’s Corporate Income Tax Law (lis) a  Reduction of Taxable Income Derived from Certain Intangible Assets b Deduction for Research and Development and Technological Innovation Activities c Free Depreciation under lis Article 12.3 3 Tax Incentives for Research, Development, and Innovation (r&d + i) in Comparative Law a France b Austria c Netherlands d Portugal e United Kingdom f Italy g Chile 4 Coexistence of Tax Incentives and the Robot Tax 5 Tax Incentives for Research, Development, and Innovation in Robotics as a Solution 5 The Question of Taxing Power in Spanish Law  A The Division of Taxing Powers Set out in the Spanish Constitution  B The Need to Avoid the Proliferation of Regional Taxes in Robotics  C Possible Solutions 1 Creating a Federal Tax 2 Amending the Regional Financing Law (lofca) 3 The Alternative of a Ceded Federal Tax 4 The Alternative of an Ordinary Harmonization Law  D Conclusions 6 Robot Tax  A The New Robot Tax 1 Different Types of Taxes a Direct and Indirect Taxes b Subjective and Objective Taxes c Personal and Real Taxes 2 Structure of the Robot Tax a Subjective Element b Objective Element 3 The Concept of Theoretical Imputed Income  B International Perspective 1 Impact on dtt s 2 Robots as Permanent Establishments a Application of the Traditional Concept of Permanent Establishment b The New Concept of Digital Permanent Establishment  C Other Ways of Taxing Robots: Taxes and Fees 1 Creating New Taxes 2 Adjusting Existing Taxes a Personal, Corporate, and Non-Resident Income Tax b vat c Others i Special Tax on Certain Modes of Transportation ii Special Electricity Tax iii Public Radio-Electric Spectrum Reservation Rate  D Social Security Contributions 1 Concept and Nature of Contributions 2 Adapting the Concept of Contributions to a Potential Social Security Tax on Robots  E Other Solutions 1 Tobin Tax or Financial Transaction Tax 2 Google Tax or Digital Services Tax 3 Related Solutions that Affect Robots a cctb and ccctb  F Conclusions  Conclusions Bibliography Index

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Book SynopsisIf war is a timeless reality of mankind, the ways and means whereby it is conducted have nonetheless evolved over time due to new technologies and innovative military strategies. For the most part, however, they have not challenged the ethical rules of warfare. The rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of gender equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. This begs the question: to what degree are the ways and means of modern warfare keeping pace with the current technological evolutions and societal values? Based upon a selection of presentations made at the 2022 annual conference of the International Society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections on this question.

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Book SynopsisIt is statistically unlikely that humans are the only intelligent species in the universe. Nothing about the others will be known until contact is made beyond a radio signal from space that merely tells us they existed when it was sent. That contact may occur tomorrow, in a hundred years, or never. If it does it will be a high-risk scenario for humanity. It may be peaceful or hostile. Relying on alien altruism and benign intentions is wishful thinking. We need to begin identifying as a planetary species, and develop a global consensus on how to respond in either scenario.Table of ContentsForeword Preface List of Figures Abbreviations 1 Introduction  1 An Initial Caveat: the ufo/uap Debate – the Elephant in the Room  2 Structure of the Book 2 The Scientific seti Environment  1 Introduction 1.1 The Drake Equation and the Fermi Paradox 1.1.1 Drake Equation 1.1.2 Fermi Paradox  2 Anthropocentrism and Morphism  3 seti Approaches and the Nature of Contact  4 Astrobiology 3 Social Science Aspects of seti  1 Gauging the Risk and Impact of First Contact on Global Society 1.1 The Rio and San Marino Scales 1.2 iaaseti Declarations of Principles 1.3 Excursion: iaaseti and Its Attitude to Research Into uap 1.4 The disc Quotient – Linking Impact and Linguistics  2 Exolinguistics  3 Exosociology, Exophilosophy and Exotheology  4 The Metalaw Debate – Premature Speculation and Proper Use of Legal Considerations  5 Conclusion 4 Science Fiction and (First) Contact Scenarios  1 Science Fiction Literature  2 Types of First Contact 2.1 The Hercules Text 2.2 The Rama Cycle – Rama i and ii 2.3 The Tripods Tetralogy and the Forge of God 2.3.1  The Tripods 2.3.2  The Forge of God 2.4 The Mote in God’s Eye 2.5 The Three-Body Problem as an Example of the Risk Inherent in meti  3 Interspecies Comprehension and Communication 3.1 Rama iii and iv 3.2 Semiosis 3.3 Children of Time and Children of Ruin  4 Interspecies Armed Conflict 4.1 Ender’s Game 4.2 The Forever War, Starship Troopers, Old Man’s War Trilogy, and Anvil of Stars  5 Conclusion 5 Hostile Contact and Current International and Domestic Law  1 Introduction  2 Liability of Humans 2.1 International Criminal Law 2.1.1  Overview of Core Crimes 2.1.2  Individual Problems 2.2 Domestic Law  3 Liability of ETI 3.1 Jurisdiction 3.2 Nullum Crimen Principle  4 Conclusion 6 Preparing for Hostile Contact  1 Introduction  2 Weapons Technology  3 Strategy and Tactics 3.1 Weapons Development and Deep Space Strategy 3.2 The Strategic Parameters of Deep Space Warfare 3.2.1  Distances, Speeds, and Celestial Mechanics 3.2.2  Psychological Aspects  4 Conclusion: an End to the Idea of a Peaceful Use of Outer Space? 7 Legal Prolegomena of Peaceful Relationships with eti  1 Introduction  2 Joining the “Galactic Club” – a Future Theory of Humans’ Rights Protection in Interstellar Civilisation Networks? 2.1 Overview of Possible Factors Affecting Human Rights Guarantees 2.1.1  Network Regulation Density 2.1.2  Rights Hierarchies and Enforcement Mechanisms 2.2 Individual Rights 2.2.1  Preamble 2.2.2  Recognition as a Person before the Law 2.2.2  Self-determination, Political Activity 2.2.4  Equality and Minority Rights 2.2.5  Right to Life, Ban on Cruel and Degrading Treatment, Torture and Slavery 2.2.6  Due Process Rights, Right to Liberty 2.2.7  Freedom of Movement 2.2.8 Privacy, Freedom of Religion and Expression, Assembly and Association 2.2.9   Family and Personal Status; Child Rights 2.2.10  Restrictions on Exercise of Rights  3 Conclusion 8 Conclusion and Outlook Epilogue by Dr. Andreas Anton Annexes Bibliography Index

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Book SynopsisHuman enhancement is a rapidly advancing field and the speed of advance of technology, from being available to being used, results in a delay to the ethics surrounding it. This is true of pharmacological enhancement (PCE) as much as exoskeletons and human-machine interfacing. Ethical issues arising from human enhancement include autonomy, safety and dignity. The first two are the cornerstones of the ethics surrounding informed consent (IC) which emanated from the necessity to protect human subjects against the risks of research. What remains unclear is how those risks are quantified, who decides whether the risk is an acceptable one and whether IC is required. This volume explores all these legal and ethical issues, including the theory and history of IC and the role of military doctors.Table of ContentsPharmacological Enhancements in the Military: Legal and Ethical Aspects Introduction 1 Pharmacological Enhancements  What Are Human and Pharmacological Enhancements?  Why Are pce s Relevant Now?  Why Would Individuals and the Military Want pce s?  What Are the Military Concerns Surrounding pce Use? 2 Informed Consent  Theory of Informed Consent  Military Issues with Informed Consent  Importance of ic for Military Research 3 Future of Informed Consent  How Informed and How Consensual Is Informed Consent?  Delivering Effective Military Informed Consent Conclusion Bibliography Wie sollte die informierte Zustimmung im Militär in Bezug auf pharmakologisches Enhancement aussehen?  Einführung 1 Pharmakologische Leistungs-steigerungsmittel  Was sind Human Enhancement und pharmakologische Leistungs-steigerungsmittel?  Warum sind pce s jetzt relevant?  Warum wünschen Einzelne und das Militär die Benutzung von pce s?  Welche militärischen Bedenken begleiten den Gebrauch von pce s? 2 die Einwilligungserklärung  Die Theorie der Einwilligungserklärung  Militärische Aspekte der Einwilligungserklärung  Die Bedeutung von ic für die militärische Forschung 3 Die Zukunft der Einwilligungs-erklärung  Wie informiert und wie konsensuell ist eine Einwilligungserklärung?  Die Übermittlung einer wirksamen militärischen Einwilligungserklärung Schlussfolgerung Bibliographie Quel consentement éclairé dans les Armées pour l’augmentation des capacités par voie pharmacologique ? Introduction 1 Les augmentations pharmacologiques  Que sont les augmentations humaines et pharmacologiques ?  Pourquoi les pce ont-elles une raison d’être actuellement ?  Pourquoi les individus et les militaires prendraient-ils des substances pharmacologiques d’augmentation des capacités (pce) ?  Quelles sont les préoccupations des militaires concernant l’usage des pce (augmentation des capacités par voie pharmacologique) ? 2 Le consentement éclairé  Théorie du consentement éclairé (« informed consent, ic »)  Les problèmes posés par le consentement éclairé dans le contexte militaire  L’importance du consentement éclairé (ic) pour la recherche militaire 3 L’avenir du consentement éclairé  Dans quelle mesure le consentement éclairé est-il « éclairé » et « consensuel » ?  Un consentement éclairé effectif dans le contexte militaire  Conclusion Bibliographie

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Book SynopsisThe trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.Table of ContentsList of Figures and Tables Notes on Contributors 1 Quantification of Performance as a Regulatory Technique: An Introduction   Mauro Bussani, Sabino Cassese and Marta Infantino Part 1 Justice and Education 2 Revisiting ‘Justice in Numbers’ in Brazil: Quantified Justice, Managerial Judges, and Numeroids as a Regulatory Technique   Pedro Rubim Borges Fortes 3 Performance-Based Evaluation in Mexico’s Federal Administrative Justice Tribunal and the Federal Judiciary Power: A Comparison   Luis José Béjar, Juan Antonio Casanovas and Carlos A. Villanueva 4 Judicial Performance Index in India: Charting a New Course   Manjeri Subin Sunder Raj and Chiradeep Basak 5 Performance Assessment in Courts – the Swiss Case   Andreas Lienhard 6 Admission Algorithms for Affirmative Action in Higher Education: The South African Experience   Viyaleta Farysheuskaya and Patrizio Piraino 7 Quantification and Parameterization of Legal Research: The Case of Poland   Andrzej Jakubowski Part 2 National Policy Making 8 Algorithmic Decision-Making and Public Sector Accountability in Africa - New Challenges for Law and Policy   Raenette Gottardo 9 Governance and Quantification of Performance in China   Ivan Cardillo 10 Use and Abuse of Quantitative Methodology for Policy Making in Japan   Tatsuhiko Inatani and Masahiko Kinoshita 11 Measuring Human Rights Performance in the UK: Liberalism, Communitarianism, and the Equality and Human Rights Commission’s ‘Drunkard’s Search’   David McGrogan Part 3 Transnational and International Market-Related Activities 12 Profiling in Algorithm-Based Decisions: An African Perspective   Salvatore Mancuso and Livio Corselli 13 Trust in an ‘Omnimetric Society’? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies   Teresa Rodríguez de las Heras Ballell 14 Performance Measurements in Compliance with Corporate Social Responsibility Obligations   Lukas Heckendorn Urscheler 15 The Role of International Organizations in the Production of Legal Metrics   Kevin E. Davis 16 Quantification of Performance as a Regulatory Technique: A Comparative Appraisal   Mauro Bussani, Sabino Cassese and Marta Infantino Detailed Table of Contents Index

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Book Synopsis"Table talks" have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, leading law and religion scholar John Witte offers thirty sage reflections on how to thrive in law school and in the legal profession; short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth doing, history worth reading, and Scripture worth heeding. They aim to provide inspiration and edification for readers at different stages of their lives.Table of ContentsContents Preface and Acknowledgements Abstract Keywords  Introduction  1 Talks to Law Students  2 Talks on Public Issues  3 Talks from Pulpits  4 Words of Remembrance

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Book SynopsisFaced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.Table of ContentsContents Abbreviations Abstract Keywords  Introduction  Section 1: The Obligation to Assist Those in Distress at Sea Enshrined in International Law  Part 1: The Obligation to Assist under International Maritime Law and the International Law of the Sea  Part 2: The Safe-Guarding of the Obligation of Assistance Even with the Smuggling of Migrants at Sea  Section 2: International Law Recognizes the Right to Shelter for All Migrants by Sea  Part 3: The Right of Refuge for Any Shipwrecked Person  Part 4: The Cardinal Principle of Non-refoulement and the Legality of Interceptions  Part 5: The Legality of Interceptions  Part 6: Application of Non-refoulement in Asylum Seeking  Part 7: Refugees at Sea – What Rights and Where?  Conclusion  Bibliography

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Book SynopsisThe Open Access publication of this book has been made possible by the Swiss National Science Foundation. Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.Table of ContentsForeword Preface Acknowledgements List of Abbreviations Introduction  1 Globalization, Child Labour and the International Legal Order  2 Contents 1 The Problem of Child Labour and Trade  1 Introduction  2 The International Dimension of Child Labour  2.1 Child Labour as a Global Problem  2.2 The Protection from Exploitative Child Labour as Ius Cogens  3 The Need for Global Solutions Including Trade Measures 2 The Status Quo of Trade Measures on Child Labour in WTO Law  1 Introduction  1.1 Unilateral Trade Measures  1.2 Defining PPM  s and Rules of Interpretation  2 The Rationale of the WTO and the GATT 1994  3 Trade Measures Concerning Child Labour under the Most-Favoured-Nation Clause of GATT Article I  3.1 Most-Favoured-Nation Obligations  3.2 The Relationship with the TBT Agreement  3.3 The Scope of GATT Article I:1  3.4 Like Products  3.5 Any Advantage  3.6 Immediately and Unconditionally  3.7 Exceptions under the Enabling Clause  3.8 Conclusion  4 Compatibility of Trade Measures on Child Labour with GATT Art. II  5 Trade Measures Concerning Child Labour under GATT Art. III  5.1 Overview over the Structure and Scope of GATT Art. III  5.2 The Coverage of GATT Art. III in Relation to PPM-Measures  5.3 Like Products  5.4 Equality of Treatment  5.5 Contextual Approach  5.6 Ius Cogens  5.7 Conclusion  6 Application of the Results found under GATT Art. III to GATT Art. I  6.1 Introduction  6.2 Like Products  6.3 Regulatory Purposes and Ius Cogens  6.4 ‘Asymmetric Impact’  6.5 ‘Supply Substitutability’ and ‘Inherence’ Test  6.6 Conclusion  7 Application of the Results found under GATT Art. III to GATT Art. II  8 Compatibility of Trade Measures on Child Labour with Quantitative Restrictions of GATT Art. XI and XIII  8.1 Trade Measures on Child Labour as Quantitative Restrictions  8.2 The Ius Cogens Nature of the Prohibition of Child Labour  9 Trade Measures on Child Labour under the GATT Art. XIX  10 Trade Measures Concerning Child Labour under GATT Art. XX  10.1 Overview over the Scope and Structure of GATT Art. XX  10.2 The Public Morals Exception  10.3 Human Life and Health  10.4 Prison Labour  10.5 The Chapeau of GATT Art. XX  10.6 Burden of Proof  10.7 Conclusion  11 Trade Measures Concerning Child Labour under GATT Art. XXI  11.1 Introduction  11.2 GATT Art. XXI (b) (iii)  11.3 GATT Art. XXI (c)  11.4 Conclusion  12 Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade  12.1 Introduction  12.2 Scope of Application  12.3 Substantive Provisions of the TBT Agreement  12.4 Conclusion  13 Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement  13.1 Introduction  13.2 Art. IV – General Principles  13.3 Art. VIII – Conditions for Participation  13.4 Art. X – Technical Specifications and Tender Documentation  13.5 Art. XV – Treatment of Tenders and Awarding of Contracts  13.6 Art. III – General Exceptions  13.7 Conclusion  14 Non-WTO Norms as a Defence for Trade Measures on Child Labour  14.1 Introduction  14.2 The Jurisdiction of WTO Panels  14.3 The Applicable Law  14.4 Conclusion  15 Conclusion of Chapter 2 3 A Constitutionalist Approach to International Law  1 Introduction  2 Different Approaches to International Law  2.1 Legal Interpretation  2.2 New Haven School  2.3 Feminist Approaches to International Law  2.4 Global Legal Pluralism and Conflicts-Law Approach  2.5 Global Administrative Law  2.6 International Public Authority  2.7 Constitutional Approaches  3 A New Legal Humanism  3.1 Limits of Hart’s Positivism and Kelsen’s ‘Pure Law Theory’  3.2 Towards More Natural Law  3.3 The Quest for Global Values  3.4 Core Elements of a New Legal Humanism 4 Implications of a New Legal Humanism for Trade and Child Labour  1 Introduction  2 Towards More Substantive Coherence of Trade and Human Rights Law  3 Direct Effect of WTO-Law and Human Rights  3.1 The Traditional Doctrine of Direct Effect  4 Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour  4.1 Introduction  4.2 Trade-and Country-Related Child Labour  4.3 Institutional Framework  4.4 Cooperative Activities  4.5 Dispute Settlement  4.6 Human Rights Obligations for Companies?  5 Conclusion 5 Concluding Summary  1 Summary of Results  1.1 Chapter 1  1.2 Chapter 2  1.3 Chapter 3  1.4 Chapter 4  2 Epilogue Bibliography Table of WTO Reports Table of GATT 1947 Reports Index

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Book SynopsisThis book explores a specific discursivity at work in international human rights law. It examines the ways in which the discourse on international human rights law constantly expands its domain while preserving its distinctiveness from general international law. It particularly exposes the oscillations between generalist and exceptionalist claims made in international human rights law for the sake of expanding its scope. Reviewing several contemporary controversies on international human rights law, it sheds lights on the possible drivers behind such expansionist discursivity.Table of ContentsExpansionism in International Human Rights Law  Işıl Aral and Jean d’Aspremont Abstract Keywords  Introduction  1 The Expansionist Discursivity of International Human Rights Law  2 International Human Rights Law as an Expansionist Discourse  3 Oscillation between Generalism and Exceptionalism  4 The Wide Range of Expansionist Uses of the Sources of International Human Rights Law  5 Possible Drivers of Expansionism in International Human Rights Law Bibliography

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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