Public international law: human rights Books

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

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Book Synopsis'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.'- Tony Anghie, National University of Singapore and University of Utah, US'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.'- Brenda Cossman, University of Toronto, Canada'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.'- Vasuki Nesiah, New York University, USHuman rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.Trade Review‘In her book Gender, Alterity and Human Rights: Freedom in a Fishbowl, Ratna Kapur offers a powerful critique of human rights and liberal freedom that challenges our certainties of human rights advocacy and critical legal projects. Her book is a must-read for every human rights scholar and legal theorist.’ -- Cara Röhner, International Journal of Constitutional Law‘Ratna Kapur’s Gender, Alterity, and Human Rights: Freedom in a Fishbowl is an intellectual tour-de-force, fluently crossing into the fields of political theory, legal theory, international law, and international relations. The book will be a useful resource for long to come to both scholars and students in the fields of political theory, legal theory, gender and sexuality studies, human rights, and international relations. Its implications are applicable across a wide variety of areas of inquiry, both closely related to and further afield from the direct discussion of human rights from which Kapur constructs a theoretical framework. I would assign it to graduate classes in law, politics, and gender studies, and am likely to continue to revisit the rich text several times in the coming years, both for dialogue with my research work and to think about the vexing problem of acting while escaping liberalisms' unfreedoms.’ -- Laura Sjoberg, Asia Pacific Law Review‘An important contribution to contemporary critical scholarship about human rights and, in particular, scholarship about the consequences of the expanding field of human rights and its offshoots, “gender mainstreaming” and “women, peace and security”.’ -- Sari Kouvo, European Journal of International Law of Freedom‘Ratna Kapur’s latest book Gender, Alterity, and Human Rights: Freedom in a Fish Bowl masterfully tackles a normative claim that has been gaining increasing momentum over the last few decades: the human rights agenda has hit an impasse and needs serious transformation. Kapur writes with the assured confidence of the erudite theorist she is and her voice demands audience.’ -- – Feminist Legal Studies‘In an elegantly written book, Ratna Kapur takes the critique of the human rights project a step further to make a case for alternative registers of freedom and emancipation.’ -- Open Magazine‘Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur’s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.’ -- Tony Anghie, National University of Singapore and University of Utah, US‘How is human freedom pursued and experienced outside the [neo]liberal fish bowl? Courageously defying the critical human rights orthodoxies of nihilism or repair, Kapur catapults from her own ground-breaking analyses of the damage inflicted in pursuit of gender and sexual rights calling for a radical rethinking of human rights advocacy, drawing from non-liberal traditions. She dares us to venture beyond the fishbowl by charting several escape routes offered by alternative non-western, counter-hegemonic epistemologies of freedom which prioritize rigorous self-inquiry, non-dualistic perspectives and inclusive dialogue.’ -- Dianne Otto, Melbourne Law School, Australia‘Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking – I cannot think of any other book published today that centers radically ‘other’ approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.’ -- Vasuki Nesiah, New York University, USTable of ContentsContents: Prologue Introduction 1. Liberal Freedom in a Fishbowl 2. Precarious Desires and the Pursuit of Rights 3. Freedom, Women’s Rights and the Rise of the Sexual Security Regime 4. Alterity, Gender Equality and the Veil 5. Despair, Redemption and the Turn Away from Human Rights 6. Seeking Freedom through Alternative Registers 7. Freedom from the Fishbowl Epilogue Bibliography Index

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Book SynopsisThis insightful book analyses the process of the first adoption of guiding human rights principles for education, the Abidjan Principles. It explains the development of the Abidjan Principles, including their articulation of the right to education, the state obligation to provide quality public education, and the role of private actors in education.Multidisciplinary in approach, both legal and education scholars address key issues on the right to education, including parental rights in education, the impact of school choice, and evidence about inequities arising from private involvement in education at the global level. Focusing on East African and francophone countries, as well as the global level, chapters explore the role and impact of private actors and privatization in education. The book concludes by calling for the rights outlined in the Abidjan Principles not to remain locked in text, but for states to take responsibility and be held to account for delivering them, as promised in international human rights treaties. Interpreting human rights law as requiring that states provide a quality public education, this book will be a valuable resource for academics and students of education policy, human rights, and education law. It will also be beneficial for policy makers, practitioners, and advocacy groups working on the right to education.Trade Review‘The Abidjan Principles on the right to education have become a major reference tool for all, contributing to a dynamic process towards the implementation of the right to free, public, quality and inclusive education for all and leading the way for further action. At a time when we all hope to build back better, reading Realizing the Abidjan Principles on the Right to Education is a must for our common world.‘ -- Koumba Boly Barry, UN Special Rapporteur on the right to educationTable of ContentsContents: 1 Developing human rights guiding principles on State obligations regarding private education 1 Sylvain Aubry, Mireille de Koning, and Frank Adamson PART I THE CONTOURS OF THE HUMAN RIGHT TO EDUCATION 2 Human rights guiding principles: A forward-looking retrospective 25 Magdalena Sepúlveda Carmona 3 Is there a right to public education? 52 Jacqueline Mowbray 4 Parental rights in education under international law: nature and scope 79 Roman Zinigrad 5 State funding of private education: the role of human rights 104 Sandra Fredman PART II WHAT EDUCATION RESEARCH REVEALS 6 Evidence on school choice and the human right to education 132 Joanna Härmä 7 How and why policy design matters: understanding the diverging effects of public–private partnerships in education 157 Antoni Verger, Mauro C. Moschetti, and Clara Fontdevila 8 The growth of private actors in education in East Africa 189 Linda Oduor-Noah 9 The evolution and forms of education privatisation within francophone countries 220 Marie-France Lange 10 Synthesizing the research to strengthen the implementation of the Abidjan Principles 244 Frank Adamson, Delphine Dorsi, and Magdalena Sepúlveda Carmona Annex: the Abidjan Principles Process and the ten Overarching Principles 263 Index

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Book SynopsisThis Commentary provides the first comprehensive and holistic analysis of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice. Contributions from more than 50 leading international academics and practitioners in the field. A set of thematic chapters dwelling on crucial issues such as intersectionality, reproductive rights, and cyber violence. Analyses of the content of each article against the background of relevant international documents such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This Commentary will be a vital resource for academics and researchers focused on preventing and countering violence against women, whether in the fields of public international law, gender studies, feminist legal studies, criminal law, or European law. Interdisciplinary in perspective andintersectional in approach, lawyers, judges, state officials, policymakers and providers of victim support services will find the Commentary’s analysis an invaluable tool for the implementation of the Istanbul Convention.Trade Review‘This book provides a masterful overview of the Istanbul Convention, with its article-by-article commentaries, critical assessments of its strength and weaknesses, and comparisons with other -- legal regimes to combat violence against women. Taken as a whole, this book clarifies and illuminates, and is a necessary resource for anyone working in this area.’– Rebecca J. Cook, University of Toronto, CanadaTable of ContentsContents: Foreword xxxiii Hilary Charlesworth and Christine Chinkin Foreword xxxvi Dubravka Šimonović Introduction to Preventing and Combating Violence Against Women and Domestic Violence 1 Sara De Vido and Micaela Frulli SECTION I THE ISTANBUL CONVENTION: BACKGROUND AND CONTEXTUALIZATION A The Istanbul Convention from an Intersectional Perspective 5 Lorena Sosa and Ruth Maria Mestre i Mestre B The Istanbul Convention in Times of Emergency 22 Deborah Russo C The Istanbul Convention through the Lens of the Americas and Africa 34 Rosa Celorio D The Possibilities of the Regional Human Rights Mechanism for Promotion and Protection of Women’s Rights to be Free from Violence: The Asian case 50 Yoko Hayashi E Embracing Gender Parity at International and European Level 62 Elisa Fornalè SECTION II COMMENTARY ARTICLE BY ARTICLE P The Preamble 75 Laura Candiotto CHAPTER I PURPOSES, DEFINITIONS, EQUALITY AND NON-DISCRIMINATION, GENERAL OBLIGATIONS 1 Purposes of the Convention 85 Sara De Vido and Micaela Frulli 2 Scope of the Convention 95 Micaela Frulli 3 Definitions 108 Victor Manuel Merino-Sancho 4 Fundamental rights, equality and non-discrimination 123 Lourdes Maria Peroni 5 State obligations and due diligence 136 Alice Ollino 6 Gender-sensitive policies 147 Lourdes Maria Peroni CHAPTER II INTEGRATED POLICIES AND DATA COLLECTION 7 Comprehensive and co-ordinated policies 154 Marina Calloni and Daniela Belliti 8 Financial resources 164 Francesca Cerulli 9 Non-governmental organizations and civil society 175 Enzamaria Tramontana 10 Co-ordinating body 185 Sara Dal Monico 11 Data collection and research 195 Biljana Brankovic CHAPTER III PREVENTION 12 General obligations 212 Marcella Ferri 13 Awareness-raising 224 Mathias M.schel 14 Education 235 Katarzyna Sękowska-Kozłowska 15 Training of professionals 246 Albena Koycheva 16 Preventive intervention and treatment programmes 256 Cristina Oddone 17 Participation of the private sector and the media 268 Federico Faloppa CHAPTER IV PROTECTION AND SUPPORT 18 General obligations 285 Alice Riccardi 19 Information 298 Gema Fern.ndez Rodr.guez de Li.vana and Keina Yoshida 20 General support services 310 22 Specialist support services 23 Shelters 24 Telephone helplines 25 Support for victims of sexual violence Bonita Meyersfeld and Francesca Sironi De Gregorio 21 Assistance in individual/collective complaints 333 Lisa Gormley 26 Protection and support for child witnesses 339 31 Custody, visitation rights and safety Elisabetta Bergamini and Laura Lizzi 27 Reporting 356 28 Reporting by professionals Chiara Angiolini CHAPTER V SUBSTANTIVE LAW 29 Civil lawsuits and remedies 366 Marc Julien Pichard 30 Compensation 374 Sara De Vido 32 Civil consequences of forced marriages 385 Angelica Bonfanti 33 Psychological violence 395 35 Physical violence Barbara Giovanna Bello 34 Stalking 423 Leonie Steinl 36 Sexual violence, including rape 432 Ludovica Poli 37 Forced marriage 447 Chiara Ragni 38 Female genital mutilation 458 Ruth Maria Mestre i Mestre 39 Forced abortion and forced sterilisation 470 Daniela Alaattinoğlu 40 Sexual harassment 481 Valeria Tevere 41 Aiding or abetting and attempt 495 Piergiuseppe Parisi 42 Unacceptable justifications for crimes, including crimes committed in the name of so-called ‘honour’ 503 Sital Kalantry and Shireen Moti 43 Application of criminal offenses 512 Rachel Behring and Boris Burghardt 44 Jurisdiction 524 Elena Carpanelli 45 Sanctions and Measures 538 Kalika Mehta 46 Aggravating circumstances 548 Luca Poltronieri Rossetti 47 Sentences passed by another Party 559 Luca Poltronieri Rossetti 48 Prohibition of mandatory alternative dispute resolution processes or sentencing 568 Marc Julien Pichard CHAPTER VI INVESTIGATION, PROSECUTION, PROCEDURAL LAW AND PROTECTIVE MEASURES 49 General obligations 577 Johanna Niemi 50 Immediate response, prevention and protection 585 Johanna Niemi 51 Risk assessment and risk management 590 Piergiuseppe Parisi 52 Emergency barring orders 600 53 Restraining or protection orders Johanna Niemi 54 Investigations and evidence 610 Arianna Vettorel 55 Ex parte and ex officio proceedings 620 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 56 Measures of protection 630 Ana Montesinos Garc.a and Isabel Maravall-Buckwalter 57 Legal aid 642 Lucia Parlato 58 Statute of limitation 654 Piergiuseppe Parisi CHAPTER VII MIGRATION AND ASYLUM 59 Residence status 661 Vladislava Stoyanova 60 Gender-based asylum claims 672 Fulvia Staiano 61 Non-refoulement 681 Anne Lagerwall and Mona Aviat CHAPTER VIII INTERNATIONAL CO-OPERATION 62 General principles 696 63 Measures relating to persons at risk 64 Information Ester di Napoli and Francesca Maoli 65 Data protection 716 Alessandro Bernes CHAPTER IX MONITORING MECHANISM 66 Group of experts on action against violence against women and domestic violence 728 67 Committee of the Parties 68 Procedure 69 General recommendations 70 Parliamentary involvement in monitoring Ronagh McQuigg 70A Locating GREVIO in the realm of international and regional human rights monitoring mechanisms 755 Martina Buscemi CHAPTER X RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS 71 Relationship with other international instruments 771 Sara De Vido CHAPTER XI AMENDMENTS TO THE CONVENTION 72 Amendments 780 Wojciech Burek CHAPTER XII FINAL CLAUSES 73 Effects of this Convention 789 Alexandra David 74 Dispute settlement 798 Alexandra David 75 Signature and entry into force 804 76 Accession to the Convention 804 Eug.nie d’Ursel 76A Israel’s (Possible) Accession to the Istanbul Convention 821 Ruth Halperin-Kaddari 77 Territorial application 824 Eugénie d’Ursel 78 Reservations 830 79 Validity and review of reservations Wojciech Burek 80 Denunciation 846 81 Notification Karolina Prażmowska 80A A Tale of the Opposites: Denunciation and Implementation of the Istanbul Convention in Turkey 858 Aslıhan Tekin SECTION III CRITICAL ASSESSMENTS OF SHORTCOMINGS OF THE ISTANBUL CONVENTION: SELECTED ISSUES F Smart-locking up women: Internet of Things (IoT) perpetration in domestic violence 864 Adriane van der Wilk G Prostitution: A Missed Opportunity? 878 Elisa Camiscioli H Sexual and reproductive health rights in the Istanbul Convention: An inadequate approach? 888 Lucía Berro Pizzarossa

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Book SynopsisProviding a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions.Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.Trade Review'Charlotte Beaucillon and her 27 co-authors have produced a true ''Treatise on extraterritorial sanctions'' with an orderly plan that makes it possible to cover a formidably complex subject from various angles. Often confiscated by the common law doctrine, this theme is the object of cross-perspectives by specialists with very diverse backgrounds, which enrich one another while not detracting from the didactic clarity of the book. A major contribution to the knowledge of a key phenomenon of contemporary international relations.' -- Alain Pellet, Université Paris Nanterre, France'The Research Handbook on Unilateral and Extraterritorial Sanctions provides an impressive collection of contributions on a topic of ever-growing importance. Beaucillon has aptly managed to bring together some of the main experts in this burgeoning field to put together what is perhaps the most comprehensive volume to-date dedicated specifically to extraterritorial sanctions. The book provides a useful tour d'horizon, mapping different regional perspectives on extraterritorial sanctions, and addressing their legality and impact on companies and individuals in a structured manner. Leaving no stone unturned, the book will be of significant value to scholars, practitioners and policy-makers alike.' -- Tom Ruys, Ghent University, BelgiumTable of ContentsContents: 1 An introduction to unilateral and extraterritorial sanctions: definitions, state of practice and contemporary challenges 1 Charlotte Beaucillon PART I CONTEMPORARY STATE PRACTICE 2 Unilateral and extraterritorial sanctions in crisis: implications of their rising use and misuse in contemporary world politics 19 Erica Moret 3 South Africa’s position and practice with regard to unilateral and extraterritorial coercive sanctions 37 Hennie Strydom 4 From pessimism to accommodation: India’s stand and practice on unilateral sanctions 55 Rishika Chauhan 5 China’s position and practice concerning unilateral sanctions 70 Congyan Cai 6 Unilateral and extraterritorial sanctions policy: the Russian dimension 90 Ivan N. Timofeev 7 The European Union’s position and practice with regard to unilateral and extraterritorial sanctions 110 Charlotte Beaucillon 8 The US position and practice with regards to unilateral and extraterritorial sanctions: reimagining the US sanctions regime in a world of advanced technology 129 Zachary Goldman and Alina Lindblom PART II REGIME UNDER INTERNATIONAL LAW 9 Articulating UN sanctions with unilateral restrictive measures 148 Jean-Marc Thouvenin 10 Unilateral/extraterritorial sanctions as a challenge to the theory of jurisdiction 164 Yann Kerbrat 11 Unilateral sanctions as a challenge to the law of state responsibility 185 Alexandra Hofer 12 Unilateral and extraterritorial sanctions and international investment law 203 Sabrina Robert-Cuendet 13 Contemporary blocking statutes and regulations in the face of unilateral and extraterritorial sanctions 220 Daniel Ventura 14 Challenging unilateral and extraterritorial sanctions under international economic law: exploring leads at the WTO and the OECD 238 Lena Chercheneff PART III IMPACT ON ECONOMIC OPERATORS 15 Corporations and US economic sanctions: the dangers of overcompliance 255 Emmanuel Breen 16 Embedded extraterritoriality: US judicial litigation and the global banking surveillance of digital money flows 269 Grégoire Mallard and Anna Hanson 17 Using extraterritorial sanctions in the fight against financial crime in Latvia: from silver lining to over compliance 287 Ilze Znotiņa and Paulis Iļjenkovs 18 Resisting from the bench: an overview of French and UK courts’ jurisprudence on unilateral and extraterritorial sanctions 305 Marjorie Eeckhoudt 19 International bank settlement in China and unilateral sanctions-related disputes: sources, remedies and procedures 322 Jin Sun 20 Unilateral sanctions through an international arbitration lens: procedural and substantive issues 341 Eric De Brabandere and David Holloway PART IV IMPACT ON HUMAN RIGHTS 21 Unilateral sanctions as unilateral coercive measures: discussing coercion at the UN level 365 Pierre-Emmanuel Dupont 22 From targeted states to affected populations: exploring accountability for the negative impact of comprehensive unilateral sanctions on human rights 384 Ioannis Prezas 23 Due process and unilateral targeted sanctions 404 Anton Moiseienko 24 The right to be protected from the criminal enforcement of extraterritorial sanctions: lessons learned from the Huawei case 423 Muriel Ubéda-Saillard 25 Horizontal sanctions regimes: targeted sanctions reconfigured? 440 Clara Portela Index

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Book SynopsisThis insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.Written by a group of established and emerging experts from diverse backgrounds, this book offers a fresh perspective on the questions and challenges facing the ECHR, bringing together different, and thus far isolated, strands of academic and political debate. Contributions combine historiographical insights with explorations of the current and pressing need for the ECHR to find a role for itself, especially in an environment where there is increased scepticism towards the idea of human rights protection. In particular, the critical conception of the Convention as an 'alarm bell mechanism' is examined and assessed in relation to its original goal to prevent authoritarian backsliding.The European Court of Human Rights: Current Challenges in Historical Perspective will be an important source of reference to academic researchers and students with an interest in human rights, international law and the law and politics of international organisations. It will also appeal to policymakers and legal practitioners due to its examination of pertinent legal and political issues that challenge international organisations.Trade Review‘The volume provides an excellent tour de force through both the history of the ECtHR as well as the Court's dealing with histories in its case law. It poses questions to the core of the self-understanding, not only of the ECtHR but also for the legal and political scholarship on the Court. The multiplicity of voices assembled by the editors provide a rich and nuanced analysis, which does not fall into the trap of nostalgia but highlights the complex contexts in which the Court has, continues, and will operate in the future.’ -- Silvia Steininger, Zeitschrift für Rechtssoziologie'An original, unique and fundamental contribution to the widespread debate on the very idea of an international system for protecting human rights that directly affects the European Court of Human Rights, ''the conscience of Europe''. In revisiting history from a contemporary perspective, this work provides an outstanding critical analysis of the Court's alarm bell function in the most sensitive areas of human rights. An illuminating book in which the past enlightens the present. A must-read for everyone in the field.' -- Françoise Tulkens, Former Vice-President of the European Court of Human Rights'In what ways can the study of history inform current debates about the European Court of Human Rights? Uniting some of the academy's most thoughtful writers on the European Court, this volume explores the uses, misuses and insights of history in analyzing both the Court's jurisprudence and its evermore contested political role. The volume provides depth to current debates and will speak to lawyers, legal scholars, and historians of Europe alike.' -- Alexandra Huneeus, University of Wisconsin-Madison, USTable of ContentsContents: 1 Introduction: The European Court of Human Rights – the past in the present 1 Helmut Philipp Aust PART I CURRENT CHALLENGES OF THE COURT 2 From boom to backlash? The European Court of Human Rights and the transformation of Europe 21 Mikael Rask Madsen 3 Principled resistance to the European Court of Human Rights and its case law: a comparative assessment 43 Marten Breuer 4 Can Strasbourg be replicated at a global level? A view from Geneva 71 Yuval Shany PART II HISTORICAL PERSPECTIVES ON CURRENT CHALLENGES: THE DRAFTING HISTORY IN CONTEXT 5 The European Convention on Human Rights and postwar history: why origins matter 90 Marco Duranti 6 For the sake of unity: the drafting history of the European Convention on Human Rights and its current relevance 109 Esra Demir-Gürsel 7 Asylum and immigration under the European Convention on Human Rights – an exclusive universality? 133 Prisca Feihle PART III HISTORIES AS CASES AND IN THE CASES 8 History as an afterthought: the (re)discovery of Article 18 in the case law of the European Court of Human Rights 158 Bașak Çalı and Kristina Hatas 9 Rethinking effectiveness: authoritarianism, state violence and the limits of the European Court of Human Rights 177 Dilek Kurban 10 ‘Never Again’ as a cornerstone of the Strasbourg system: the traces of the Holocaust in the jurisprudence of the European Court of Human Rights 200 Aleksandra Gliszczyńska-Grabias 11 Historical truth before the European Court of Human Rights 221 Björnstjern Baade 12 The limits of the European Court of Human Rights vis-à-vis contestation and authoritarianism: concluding observations 244 Esra Demir-Gürsel Index 264

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Book SynopsisUtilizing the ethos of human rights, this insightful book captures the development of the moral imagination of these rights through history, culture, politics, and society. Moving beyond the focus on legal protections, it draws attention to the foundation and understanding of rights from theoretical, philosophical, political, psychological, and spiritual perspectives.The book surveys the changing ethos of human rights in the modern world and traces its recent histories and process of change, delineating the ethical, moral, and intellectual shifts in the field. Chapters incorporate and contribute to the debates around the ethics of care, considering some of the more challenging philosophical and practical questions. It highlights how human rights thinkers have sought to translate the ideals that are embodied in the Universal Declaration of Human Rights into action and practice.Interdisciplinary in nature, this book will be critical reading for scholars and students of human rights, international relations, and philosophy. Its focus on potential answers, approaches, and practices to further the cause of human rights will also be useful for activists, NGOs, and policy makers in these fields.Trade Review‘We live in a moment of overlapping crises: in a radically unequal and dangerously warming world, populism, xenophobia, and closing space for dissent are the background conditions to which the acute calamities of a global pandemic and its dire economic consequences have been added. These intersecting emergencies have left human rights advocates searching for frameworks capable of generating new visions bold enough to tackle the challenges we face. Moving beyond legal foundations, The Changing Ethos of Human Rights, edited by Hoda Mahmoudi, Alison Brysk and Kate Seaman, offers perspectives on rights rooted in traditions such as philosophy, spirituality, and feminism. In these spaces, the contributors find an ethos of care that centers the interdependence of all human beings, offering a pathway forward in the midst of peril.’Table of ContentsContents: Introduction to The Changing Ethos of Human Rights 1 Hoda Mahmoudi 1 Values and human rights: implications of an emerging discourse on virtue ethics 14 Michael L. Penn 2 Dignity and treating others merely as means 35 Samuel Kerstein 3 Making rights rhetoric work: constructing care in a post-liberal world 52 Alison Brysk 4 Race and feminist care ethics: intersectionality as method 66 Parvati Raghuram 5 Difficult care: examining women’s efforts in the Islamic Republic of Iran 93 Hoda Mahmoudi 6 Empathy, caring, and the defense of human rights in a digital world 111 Kate Seaman 7 Cultural heritage, cultural rights and care ethics 136 Matthew S. Weinert Index 157

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Book SynopsisThis innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples. Providing an excellent grounding for scholars seeking to understand the major topics within the discipline, this topical book is accessible to the novice human rights scholar, yet of great interest to the most seasoned human rights researcher. It will strongly appeal to law academics as well as students and practitioners of human rights.Trade Review‘This Handbook will quickly become the first stop for all interested in human rights, whether they are academics, activists or civil servants. It provides a clear and accessible guide to international human rights law, but never sacrifices sophistication for simplicity. The authors cover a great range of human rights issues in an imaginative way and alert the reader to the major debates and controversies. This is a valuable contribution to the international protection of human rights.’ -- Hilary Charlesworth, The Australian National University, Australia‘The advance of global human rights is a kind of miracle. This book furthers the enterprise with a collection of cutting edge chapters on the legal issues of the second half of the 20th century. Those who want to stay ahead in this adventure in the 21st century will need to know the challenges that appear on every page.’ -- The Hon. Michael Kirby AC CMG, Former Judge of the High Court of Australia 1996–2009Table of ContentsContents: Preface 1. The United Nations and Human Rights Sarah Joseph and Joanna Kyriakakis 2. Economic, Social and Cultural Rights: An Examination of State Obligations Manisuli Ssenyonjo 3. Extraterritoriality: Universal Human Rights Without Universal Obligations? Sigrun I. Skogly 4. Non-state Actors and International Human Rights Law Robert McCorquodale 5. NGOs and Human Rights: Channels of Power Peter J. Spiro 6. Human Rights in Economic Globalisation Adam McBeth 7. Human Rights and Development Stephen P. Marks 8. Gender and International Human Rights Law: The Intersectionality Agenda Anastasia Vakulenko 9. Refugees and Displaced Persons: The Refugee Definition and ‘Humanitarian’ Protection Susan Kneebone 10. International Criminal Law Elies van Sliedregt and Desislava Stoitchkova 11. The Four Pillars of Transitional Justice: A Gender-Sensitive Analysis Ronli Sifris 12. The International Court of Justice and Human Rights Sandesh Sivakumaran 13. The Council of Europe and the Protection of Human Rights: A System in Need of Reform Virginia Mantouvalou and Panayotis Voyatzis 14. The Inter-American Human Rights System: Selected Examples of its Supervisory Work Diego Rodríguez-Pinzón and Claudia Martin 15. African Human Rights Law in Theory and Practice Magnus Killander 16. The Political Economy and Culture of Human Rights in East Asia Michael C. Davis 17. Islam and the Realization of Human Rights in the Muslim World Mashood A. Baderin 18. Religion, Belief and International Human Rights in the Twenty-first Century Peter Cumper 19. DRIP Feed: The Slow Reconstruction of Self-determination for Indigenous Peoples Melissa Castan 20. Counter-Terrorism and Human Rights Alex Conte 21. Human Rights Education: A Slogan in Search of a Definition Paula Gerber Index

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Book SynopsisThis book examines and critiques the WTO's Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), asking whether it strikes an appropriate balance between conflicting domestic health protection and trade liberalization objectives. It pays particular attention to situations likely to occur but not yet fully examined either in the literature or in WTO law; most importantly, where public opinion demands regulation in the face of scientific uncertainty as to the existence or otherwise of a health risk. Tracey Epps concludes that the SPS Agreement's science-based framework is capable of dealing with the differing objectives of health and trade, and that it provides countries with more flexibility to respond to scientific uncertainties and public sentiment than many critics contend. This conclusion is strongly influenced by a positive analysis of domestic regulatory decision-making, which finds potential for regulatory capture by domestic protectionist interests and thus emphasizes the importance of ensuring that decisions are made on a sound and principled basis. Including a historical overview of disputes over trade and health since the 1800s, this book provides a comprehensive analysis of and new perspective on an important area of intersection between international trade law and domestic policy. It will be of interest to a wide-ranging audience including legal and non-legal academics, policy makers and analysts in the field of risk regulation, trade law practitioners in governments, and lawyers and analysts in international institutions.Trade Review'This detailed and fully referenced text is a valuable resource both for practitioners and academics.' -- Michael Blakeney, International Trade Law and Regulation'Interspersing law with societal context, this volume by Dr Epps stands out among WTO analysis. The author offers a delightfully balanced view on the nature and origin of SPS measures (including references to history) whilst at the same time mastering the hard law of the SPS Agreement in detail. Practitioners will enjoy the detailed analysis of WTO dispute settlement. A reference book for practice and academia, and also a very, very good read.' -- Geert Van Calster, Katholieke Universiteit, Leuven, BelgiumTable of ContentsContents: Part I: Background and Overview 1. Introduction 2. What’s Health Got to do With It? The Linkage between Health and International Trade 3. Through the (Historical) Looking-Glass: Health and Trade in Context 4. Looking to the Future: Forces of Change Part II: Health and Trade: Conflicting Objectives? 5. Foundations of Tension between Health Protection and Trade Liberalization 6. Identifying Tension: The ‘Difficult’ (or ‘Amber’) Cases 7. Resolving the Tension: Balancing Trade and Health Objectives in the WTO Part III: Regulating to Protect Health: Where and How? 8. Setting the Standards: Home or Away? 9. Perception of Risks: The Role of Public Perceptions 10. Analysis of Risks: The Role of Science Part IV: The WTO: Rules and Cases 11. A Science-based Approach 12. The Facts of the Health Cases 13. Analysis of the Health Cases Part V: Conclusion 14. Conclusion Bibliography Index

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Book SynopsisNoted international scholars from a range of disciplines present in this book Japanese and East Asian perspectives on the changed prospects for international peace post September 11. Because East Asia has not been preoccupied with the ongoing conflicts in the Middle East, the authors' views serve as a balance to the war on terror declared in the United States.The book begins with chapters that explore the attacks from an historical perspective, and discuss whether they were indeed watershed events that changed the world. Further chapters explore pacifism in philosophy and religion through Kant, Christianity, Islam and constitutional pacifism in postwar Japan. The concluding chapters discuss concrete ways to move toward peace in the twenty-first century. Scholars of international studies and politics, the Middle East and religion will find this insightful book a valuable addition to their library.Trade Review'The book is a major contribution to our understanding of peace movements and pacifism after 11 September. While most people tend to take the importance of 11 September for granted, the book challenges the general understanding of the development and implications of the events. . . In addition, the philosophical, religious and theoretical discussion enriches peace research scholarship.' -- Jian Yang, New Zealand International ReviewTable of ContentsContents: Preface PART I: PEACE AND WAR AFTER SEPTEMBER 11 1. Peace Issues in the ‘Post-9/11’ World Yoshikazu Sakamoto 2. War and Peace in an Age of Terror and State Terrorism Richard Falk 3. Searching for Peace in a World of Terrorism and State Terrorism Johan Galtung 4. Diaspora, Empire, Resistance: Peace and the Subaltern as Rupture(s) and Repetition(s) Lester Edwin J. Ruiz PART II: PACIFISM, PHILOSOPHY, RELIGION 5. Kant and Anti-War Pacifism: The Political Theory of the Post-9/11 World Osamu Kitamura 6. Christian Pacifism After 9/11: A Mennonite Perspective Atsuhiro Katano 7. The Problem of Peace and World Order in an Islamic Context: The Case of Modern Japan Norio Suzuki 8. On Constitutional Pacifism in Post-War Japan: Its Theoretical Meanings Shin Chiba PART III: TOWARD PEACE DIPLOMACY, PACIFISM, AND PEACE MOVEMENTS TODAY 9. Upon What Principles Should Foreign Policy Be Based in the 21st Century? Thomas J. Schoenbaum 10. Foreign Policy Pragmatism and Peace Movement Moralism: Can the Gap be Bridged – or Tertium Non Datur? Johan Galtung 11. Globalization and the 21st Century US Peace Movement T.V. Reed 12. A Peaceful Superpower: The Movement Against War in Iraq David Cortright Index

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Book SynopsisIn the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.Trade Review‘. . . very refreshing. . . a valuable contribution to the debate.’ -- European Intellectual Property Review‘The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy.’ -- Madhu Sahni, Journal of Intellectual Property Rights‘Gathering together essays by leading commentators, Professor Willem Grosheide’s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues.’ -- Graeme Austin, University of Arizona, USTable of ContentsContents: Preface PART I: SETTING THE STAGE: THE LAW AND ITS TRENDS 1. General Introduction Willem Grosheide 2. Human Rights Law Status Report Cees Flinterman 3. Expansion and Convergence in Copyright Law Madeleine de Cock Buning 4. Patents and Human Rights: Where is the Paradox? Rochelle Cooper Dreyfuss PART II: INTELLECTUAL PROPERTY RIGHTS AS HUMAN RIGHTS 5. Introduction Jerzy Koopman COPYRIGHT LAW AND PATENT LAW: TO ITS RECOGNITION – DIFFERING VIEWS 6. Is Copyright Fit for the 21st Century? No! Joost Smiers 7. Intellectual Property Rights, Human Rights and the Right to Health Duncan Matthews 8. On Patents and Human Rights Jan Brinkhof 9. Current Patent Laws Cannot Claim the Backing of Human Rights Wendy J. Gordon PART III: HUMAN RIGHTS AS RESTRICTIONS TO INTELLECTUAL PROPERTY RIGHTS 10. Introduction Lucky Belder COPYRIGHT LAW AND PATENT LAW: TO ITS ENFORCEMENT – DIFFERING VIEWS 11. A Practical Analysis of the Human Rights Paradox in Intellectual Property Law: Russian Roulette Charlotte Waelde and Abbe E.L. Brown 12. Human Rights’ Limitations in Patent Law Geertrui Van Overwalle 13. Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge Charles R. McManis 14. A Comment on ‘Human Rights as a Constraint on Intellectual Property Rights: The Case of Patent and Plant Variety Protection Rights, Genetic Resources and Traditional Knowledge’ Martin J. Adelman Index

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Book SynopsisThis innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples. Providing an excellent grounding for scholars seeking to understand the major topics within the discipline, this topical book is accessible to the novice human rights scholar, yet of great interest to the most seasoned human rights researcher. It will strongly appeal to law academics as well as students and practitioners of human rights.Trade Review‘This Handbook will quickly become the first stop for all interested in human rights, whether they are academics, activists or civil servants. It provides a clear and accessible guide to international human rights law, but never sacrifices sophistication for simplicity. The authors cover a great range of human rights issues in an imaginative way and alert the reader to the major debates and controversies. This is a valuable contribution to the international protection of human rights.’ -- Hilary Charlesworth, The Australian National University, Australia‘The advance of global human rights is a kind of miracle. This book furthers the enterprise with a collection of cutting edge chapters on the legal issues of the second half of the 20th century. Those who want to stay ahead in this adventure in the 21st century will need to know the challenges that appear on every page.’ -- The Hon. Michael Kirby AC CMG, Former Judge of the High Court of Australia 1996–2009Table of ContentsContents: Preface 1. The United Nations and Human Rights Sarah Joseph and Joanna Kyriakakis 2. Economic, Social and Cultural Rights: An Examination of State Obligations Manisuli Ssenyonjo 3. Extraterritoriality: Universal Human Rights Without Universal Obligations? Sigrun I. Skogly 4. Non-state Actors and International Human Rights Law Robert McCorquodale 5. NGOs and Human Rights: Channels of Power Peter J. Spiro 6. Human Rights in Economic Globalisation Adam McBeth 7. Human Rights and Development Stephen P. Marks 8. Gender and International Human Rights Law: The Intersectionality Agenda Anastasia Vakulenko 9. Refugees and Displaced Persons: The Refugee Definition and ‘Humanitarian’ Protection Susan Kneebone 10. International Criminal Law Elies van Sliedregt and Desislava Stoitchkova 11. The Four Pillars of Transitional Justice: A Gender-Sensitive Analysis Ronli Sifris 12. The International Court of Justice and Human Rights Sandesh Sivakumaran 13. The Council of Europe and the Protection of Human Rights: A System in Need of Reform Virginia Mantouvalou and Panayotis Voyatzis 14. The Inter-American Human Rights System: Selected Examples of its Supervisory Work Diego Rodríguez-Pinzón and Claudia Martin 15. African Human Rights Law in Theory and Practice Magnus Killander 16. The Political Economy and Culture of Human Rights in East Asia Michael C. Davis 17. Islam and the Realization of Human Rights in the Muslim World Mashood A. Baderin 18. Religion, Belief and International Human Rights in the Twenty-first Century Peter Cumper 19. DRIP Feed: The Slow Reconstruction of Self-determination for Indigenous Peoples Melissa Castan 20. Counter-Terrorism and Human Rights Alex Conte 21. Human Rights Education: A Slogan in Search of a Definition Paula Gerber Index

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Book SynopsisIn this topical collection, Professor Abdullah Saeed brings together seminal articles encompassing key issues in the debates surrounding Islam and human rights. Topics covered in this comprehensive research review include approaches to international human rights, freedom of expression, the right to equality under Islamic law and Islamic human rights schemes. The editor has also included a number of case studies which greatly enhance the depth of the collection.Table of ContentsContents: Volume 1: Key Issues in the Debates Acknowledgements Introduction Abdullah Saeed PART I DEFENSIVE AND EMBRACIVE APPROACHES TO INTERNATIONAL HUMAN RIGHTS 1. Ann Elizabeth Mayer (2007), ‘The Islam and Human Rights Nexus: Shifting Dimensions’ 2. Mashood A. Baderin (2007), ‘Islam and the Realization of Human Rights in the Muslim World: A Reflection on Two Essential Approaches and Two Divergent Perspectives’ 3. Recep Senturk (2005), ‘Sociology of Rights: “I Am Therefore I Have Rights”: Human Rights in Islam between Universalistic and Communalistic Perspectives’ 4. Mohammad H. Fadel (2007), ‘Public Reason as a Strategy for Principled Reconciliation: The Case of Islamic Law and International Human Rights Law’ PART II CRITIQUES OF HUMAN RIGHTS FROM A MUSLIM PERSPECTIVE 5. Mohamed Berween (2003), ‘International Bill of Human Rights: An Islamic Critique’ 6. Robert Carle (2005), ‘Revealing and Concealing: Islamist Discourse on Human Rights’ PART III THE DEBATE ON HUMAN RIGHTS VS. HUMAN OBLIGATIONS OR DUTIES 7. Jason Morgan-Foster (2001), ‘Third Generation Rights: What Islamic Law Can Teach the International Human Rights Movement’ PART IV HUMAN RIGHTS AND SECULARISM 8. Karima Bennoune (2007), ‘Secularism and Human Rights: A Contextual Analysis of Headscarves, Religious Expression, and Women’s Equality Under International Law’ PART V CHALLENGES TO UNIVERSALISM, UNIVERSALITY AND CULTURAL RELATIVISM 9. Catherine E. Polisi (2004), ‘Universal Rights and Cultural Relativism: Hinduism and Islam Deconstructed’ 10. Eva Brems (2004), ‘Reconciling Universality and Diversity in International Human Rights: A Theoretical and Methodological Framework and Its Application in the Context of Islam’ 11. Heiner Bielefeldt (2000), ‘“Western” Versus “Islamic” Human Rights Conceptions?: A Critique of Cultural Essentialism in the Discussion on Human Rights’ 12. Abdullahi A. An-Na’im (1997), ‘The Contingent Universality of Human Rights: The Case of Freedom of Expression in African and Islamic Contexts’ PART VI ISLAMIC HUMAN RIGHTS SCHEMES 13. Abul A’la Mawdudi (1977), ‘Islamic Political Framework’, ‘Human Rights, the West and Islam’, ‘Basic Human Rights’, ‘Rights of Citizens in an Islamic State’, and ‘Rights of Enemies at War’ 14. Tabet Koraytem (2001), ‘Arab Islamic Developments on Human Rights’ 15. Ebrahim Moosa (2000-01), ‘The Dilemma of Islamic Rights Schemes’ 16. The Organisation of the Islamic Conference (1990), The Cairo Declaration on Human Rights in Islam 17. Islamic Council (1981), Universal Islamic Declaration of Human Rights PART VII CASE STUDIES –HUMAN RIGHTS DISCOURSES IN PARTS OF THE MUSLIM WORLD 18. Donna E. Artz (1990), ‘The Application of International Human Rights Law in Islamic States’ A Yemen 19. Abdullahi A. An-Na’im (2001), ‘Human Rights in the Arab World: A Regional Perspective’ B Saudi Arabia 20. Anon (2008), ‘Saudi Courts – Women’s Rights – General Court of Qatif Sentences Gang-Rape Victim to Prison and Lashings for Violating “Illegal Mingling” Law’ C Turkey 21. Jenny B. White (2001), ‘The Islamist Movement in Turkey and Human Rights’ 22. Yeşim Arat (2001), ‘Women’s Rights as Human Rights: The Turkish Case’ 23. Talip Kucukcan (2003), ‘State, Islam, and Religious Liberty in Modern Turkey: Reconfiguration of Religion in the Public Sphere’ D Iran 24. Shahra Razavi (2006), ‘Islamic Politics, Human Rights and Women’s Claims for Equality in Iran’ 25. Ziba Mir-Hosseini (2007), ‘How the Door of Ijtihad Was Opened and Closed: A Comparative Analysis of Recent Family Law Reforms in Iran and Morocco’ 26. Ann Elizabeth Mayer (1996), ‘Islamic Rights or Human Rights: An Iranian Dilemma’ E Indonesia 27. Hasnil Basri Siregar (2008-9), ‘Lessons Learned from the Implementation of Islamic Shari’ah Criminal Law in Aceh, Indonesia’ 28. Lily Zakiyah Munir (2005), ‘Domestic Violence in Indonesia’ 29. Nadirsyah Hosen (2007), ‘Human Rights Provisions in the Second Amendment to the Indonesian Constitutions from Shari‘ah Perspective’ F Malaysia 30. Nurjaanah Abdullah and Chew Li Hua (2007), ‘Legislating Faith in Malaysia’ 31. Mohamed Azam Mohamed Adil (2007), ‘Law of Apostasy and Freedom of Religion in Malaysia’ Volume 2: ‘Contentious Rights and Case Studies’ Acknowledgements Introduction An introduction to both volumes by the editor appears in Volume I PART I WOMEN’S RIGHTS A General Approaches 1. Niaz A. Shah (2006), ‘Women’s Human Rights in the Koran: An Interpretative Approach’ 2. Rebecca Barlow and Shahram Akbarzadeh (2006), ‘Women’s Rights in the Muslim World: Reform or Reconstruction?’ 3. Jennifer Kristen Lee (2009), ‘Legal Reform to Advance the Rights of Women in Afghanistan Within the Framework of Islam’ B Domestic and Other Violence 4. Manuela Marín (2003), ‘Disciplining Wives: A Historical Reading of Qur’ân 4:34’ C Marriage/Divorce 5. Alex B. Leeman (2009), ‘Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions’ 6. Javaid Rehman (2007), ‘The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory and Practice of Polygamy and Talaq’ 7. Yakaré-Oulé Jansen (2007), ‘Muslim Brides and the Ghost of the Shari’a: Have the Recent Law Reforms in Egypt, Tunisia and Morocco Improved Women’s Position in Marriage and Divorce, and Can Religious Moderates Bring Reform and Make It Stick?’ D Women and Hudud Offences 8. Katherine M. Weaver (2007), ‘Women’s Rights and Shari’a Law: A Workable Reality? An Examination of Possible International Human Rights Approaches Through the Continuing Reform of the Pakistan Hudood Ordinance’ 9. Abdel Salam Sidahmed (2001), ‘Problems in Contemporary Applications of Islamic Criminal Sanctions: The Penalty for Adultery in Relation to Women’ E Veiling 10. Ziba Mir-Hosseini (2007), ‘The Politics and Hermeneutics of Hijab in Iran: From Confinement to Choice’ PART II THE RIGHT TO HEALTH 11. Anthony Tirado Chase and Abdul Karim Alaug (2004), ‘Health, Human Rights, and Islam: A Focus on Yemen’ PART III SEXUAL/REPRODUCTIVE RIGHTS 12. Codou Bop (2005), ‘Islam and Women’s Sexual Health and Rights in Senegal’ 13. Carla Makhlouf Obermeyer (1995), ‘A Cross-Cultural Perspective on Reproductive Rights’ PART IV FREEDOM OF EXPRESSION 14. Mohamed Azam Mohamed Adil (2007), ‘Restrictions in Freedom of Religion in Malaysia: A Conceptual Analysis with Special Reference to the Law of Apostasy’ 15. Niaz A. Shah (2005), ‘Freedom of Religion: Koranic and Human Rights Perspectives’ PART V CHILDREN’S RIGHTS 16. Shabnam Ishaque (2008), ‘Islamic Principles on Adoption: Examining the Impact of Illegitimacy and Inheritance Related Concerns in Context of a Child’s Right to an Identity’ 17. Kamran Hashemi (2007), ‘Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation’ 18. Masoud Rajabi-Ardeshiri (2009), ‘The Rights of the Child in the Islamic Context: The Challenges of the Local and the Global’ PART VI THE ADMINISTRATION OF JUSTICE 19. Mashood A. Baderin (2006), ‘A Comparative Analysis of the Right to a Fair Trial and Due Process under International Human Rights Law and Saudi Arabian Domestic Law’ 20. Osita Nnamani Ogbu (2005), ‘Punishments in Islamic Criminal Law as Antithetical to Human Dignity: The Nigerian Experience’ PART VII THE RIGHT TO LIFE 21. Elizabeth Peiffer (2008), ‘The Death Penalty in Traditional Islamic Law and as Interpreted in Saudi Arabia and Nigeria’ PART VIII THE RIGHT TO EQUALITY UNDER THE LAW 22. Zainah Anwar and Jana S. Rumminger (2007), ‘Justice and Equality in Muslim Family Laws: Challenges, Possibilities, and Strategies for Reform’ 23. Jørgen S. Nielsen (2003), ‘Contemporary Discussions on Religious Minorities in Muslim Countries’ PART IX THE PROHIBITION ON TORTURE, CRUEL AND INHUMAN TREATMENT 24. Anon (2004), ‘Saving Amina Lawal: Human Rights Symbolism and the Dangers of Colonialism’ 25. Reza Aslan (2003–4), ‘The Problem of Stoning in the Islamic Penal Code: An Argument for Reform’

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Book SynopsisThis insightful book addresses human rights from the perspective of those groups whose rights are especially vulnerable to abuse, with particular reference to stateless or internally-displaced persons, linguistic, cultural and sexual minorities and disabled people.Table of ContentsContents: Acknowledgements Introduction David Weissbrodt and Mary Rumsey PART I NON-CITIZENS AND INTERNALLY DISPLACED PERSONS A Refugees 1. Tom J. Farer (1995), ‘How the International System Copes with Involuntary Migration: Norms, Institutions and State Practice’ B Asylum Seekers 2. Jacqueline Bhabha (2002), ‘Internationalist Gatekeepers?: The Tension Between Asylum Advocacy and Human Rights’ C Migrant Workers 3. Ryszard Cholewinski (2007–2008), ‘The Human and Labor Rights of Migrants: Visions of Equality’ D Stateless People 4. David Weissbrodt and Clay Collins (2006), ‘The Human Rights of Stateless Persons’ E Internally Displaced Persons 5. Walter Kälin (1998), ‘The Guiding Principles on International Displacement – Introduction’ F Non-citizens Generally 6. David Weissbrodt and Stephen Meili (2010), ‘Human Rights and Protection of Non-citizens: Whither Universality and Indivisibility of Rights?’ PART II LINGUISTIC, CULTURAL AND SEXUAL MINORITIES A Generally 7. Nigel S. Rodley (1995), ‘Conceptual Problems in the Protection of Minorities: International Legal Developments’ B Indigenous Peoples 8. Robert T. Coulter (2009), ‘The U.N. Declaration on the Rights of Indigenous Peoples: A Historic Change in International Law’ 9. Elsa Stamatopoulou (1994), ‘Indigenous Peoples and the United Nations: Human Rights as a Developing Dynamic’ C Gays and Lesbians 10. Douglas Sanders (2010), ‘Out at the UN’ 11. Suzanne M. Marks (2006), ‘Global Recognition of Human Rights for Lesbian, Gay, Bisexual, and Transgender People’ D Linguistic Minorities 12. Robert Dunbar (2001), ‘Minority Language Rights in International Law’ PART III PEOPLE WITH DISABILITIES A HIV / AIDS 13. Ellen M. Walker (2007), ‘The HIV/AIDS Pandemic and Human Rights: A Continuum Approach’ B The Elderly 14. Diego Rodríguez-Pinzón and Claudia Martin (2003), ‘The International Human Rights Status of Elderly Persons’ C Children 15. Rita Shackel (2003), ‘The UN Convention on the Rights of the Child: A Review of its Successes and Future Directions’ D Mental Disabilities 16. Lawrence O. Gostin and Lance Gable (2004), ‘The Human Rights of Persons with Mental Disabilities: A Global Perspective on the Application of Human Rights Principles to Mental Health’ E Disabilities Generally 17. Michael Ashley Stein (2007), ‘Disability Human Rights’

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Book SynopsisThe World Bank and the Asian Development Bank are two of the world's major institutions conducting development projects. Both banks recognize the importance of transparency, participation and accountability. Responding to criticisms and calls for reform, they have developed policies that are designed to protect these values for people affected by their projects. This original and timely book examines these policies, including those recently revised, through the prism of human rights, and makes suggestions for further improvement. It also analyzes the development of the Banks' stance to human rights in general.This unique book contains valuable and deeply insightful information drawn from extensive face-to-face interviews with relevant actors, including key personnel from both banks, consultants to the banks and members of civil society organizations. It expands the scope of research/discussion on the human rights obligation of International financial institutions that will prove insightful for both academics and students. Practitioners will gain a great deal from the detail given on the standards of transparency, participation and accountability and their applicability to the day-to-day operations of development institutions.Contents: Foreword by Paul Hunt Introduction 1. The World Bank, Asian Development Bank and Human Rights 2. Human Rights Critique of the World Bank and Asian Development Bank's Information Disclosure Policy 3. Human Rights Critique of the World Bank and Asian Development Bank's Participation Policy 4. Human Rights Critique of the World Bank and Asian Development Bank's Inspection Policy 5. Case Studies: Human Rights Analysis of Inspection Cases of the World Bank and Asian Development Bank Conclusion Bibliography IndexTrade ReviewSanae Fujita's book, The World Bank, Asian Development Bank and Human Rights is a significant scholarly contribution to important issues of global governance in our increasingly interconnected world. The book is an excellent treatment of the emergence of participatory rights and accountability in the context of international finance and international organizations more generally. Particularly valuable is the in-depth treatment of transparency and accountability at the Asian Development Bank, an important and often-overlooked institution critical to international governance. --David Hunter, American University, Washington College of LawDr Fujita reminds us of the critically important role that human rights can play. Opening up new perspectives, this book is a major and original contribution to the literature. --From the foreword by Paul HuntTable of ContentsContents: Foreword by Paul Hunt Introduction 1. The World Bank, Asian Development Bank and Human Rights 2. Human Rights Critique of the World Bank and Asian Development Bank’s Information Disclosure Policy 3. Human Rights Critique of the World Bank and Asian Development Bank’s Participation Policy 4. Human Rights Critique of the World Bank and Asian Development Bank’s Inspection Policy 5. Case Studies: Human Rights Analysis of Inspection Cases of the World Bank and Asian Development Bank Conclusion Bibliography Index

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Book SynopsisLaw and Migration is an authoritative volume which draws on statutory and case law to expose the limitations of the law in protecting the individual caught in the complex web of national and regional constraints on migration. International law provides for the exercise of the sovereign power of states to control the entry of non-nationals. However, more recent international conventions have shown a growing awareness of the failure of the law to protect individuals and their families from violation of their human rights and civil liberties. Whilst avoiding open conflict with the principle of sovereignty, national courts have strived to comply with the spirit of human rights conventions and have often decided in favour of individuals. Despite this, border and internal controls on entry continue to proliferate. Globally the failure to establish an adequate legal framework which takes account of forced migration caused by wars and natural disasters has provoked a debate beyond the traditional legal norms. This volume presents a selection of published work from a variety of countriest and addresses the theoretical questions and policy issues which will continue to tax lawyers in the twenty first century.Trade Review'Law and Migration provides the reader with an impressive compilation of articles on immigration law and its effects on the individual within a transitory global society. . . . Law and Migration, through its efficient presentation of important recent scholarship, succeeds in providing a series of articles that focus on some of the most pressing issues in Western immigration law.'Table of ContentsPart I International law and the protection of human rights. Part II International law and refugees. Part III Constiutionalism, due process and the courts. Part IV Race, gender and class issues in immigration and asylum law.

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Book SynopsisThe Human Rights Act came into effect on 2nd October 2000, giving every citizen a clear statement of their rights and responsibilities. For public authorities - such as the NHS - the Act makes it a legal duty to respect and foster the rights of citizens as set out in the European Convention on Human Rights. This timely book has been written by nursing-related professionals who are nationally recognised for their experience in nursing and its relation to ethics and the law. Intended to be of practical use for nurses in their day to day relationships with patients and clients, this guide explores the impact of The Human Rights Act on key areas such as health law and ethics, patient rights and non-discrimination. Particular emphasis is placed on the role of the nurse in safeguarding patients rights and several case studies are included to illustrate issues raised by the Act. Written for nurses and other healthcare professionals, this guide provides an informed overview of the Human Rights Act and its ramifications for healthcare services in the twenty-first century.Table of ContentsIntroduction. Chapter 1: Context and General Importance. European Convention. Human Rights Act Legislation Chapter 2: How the HRA will Relate to Healthcare. Resources. Right to Life. Research. Chapter 3: Other Countries. American Bill of Rights. Canada. Patients Charter. Code of Professional Conduct Chapter 4. Nursing Perspectives. Patients Perspectives. Chapter 5: Case Studies. Confidentiality. Data Protection. Consent. Abortion. Transplantation. Children. Withdrawal of Treatment. Euthanasia. Treatment Choices. Research. Appendices. Convention Rights Incorporated into the Human Rights Act 1998. ICN Code for Nurses. References. Resources. Index.

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Book SynopsisThe Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Book SynopsisLa Charte des Nations Unies a été signée en 1945 par 51 pays représentant l’ensemble des continents, ouvrant ainsi à la création de l’Organisation des Nations Unies le 24 octobre 1945. Le Statut de la Cour internationale de Justice fait partie intégrante de la Charte. La Charte a pour but de préserver l’humanité du fléau de la guerre; de réaffirmer les droits fondamentaux de l’homme et la dignité et la valeur de la personne humaine, de proclamer l’égalité de droits des hommes et des femmes, ainsi que des nations, grandes et petites; et de garantir la prospérité de l’humanité tout entière. Elle est le fondement de la paix et de la sécurité internationales.

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Book SynopsisIn English and French

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Book SynopsisIn English and French

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Book SynopsisIn English and French

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Book SynopsisIn English and French

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Book SynopsisOpposite pages bear duplicate numbering. Volume 2. Memorial of Germany (continuation); Counter-memorial of the United States of America

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Book SynopsisThe Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

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Book SynopsisThis publication aims to assist the United Nations system to mainstream and integrate indigenous peoples' issues in processes for operational activities and programmes at the country level. It sets out the broad normative, policy and operational framework for implementing a human rights-based and culturally sensitive approach to development for and with indigenous peoples, provide lines of action for planning, implementation and evaluation of programmes involving indigenous peoples and duly integrating the principles of cultural diversity into United Nations country programmes. It 1) provides an overview of the situation of indigenous peoples and the existing international norms and standards adopted to ensure the realization of their rights and resolve some of the crucial issues that they face; 2) presents a practical table and checklist of key issues and related rights; and 3) discusses specific programmatic implications for UNCTs for addressing and mainstreaming indigenous peoples' issues.

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Book SynopsisWith hundreds of references to the jurisprudence of United Nations human rights mechanisms, this handbook provides human rights and electoral practitioners with a clear picture of the close interplay between elections and international human rights law. The handbook discusses international human rights standards regarding electoral processes and political participation, and how these standards apply to specific aspects of elections. Current issues such as gender-based violence in politics, disinformation and data manipulation, and the impact of Internet shutdowns are considered in the light of international human rights law and the recommendations of United Nations experts

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Book SynopsisThis training guide is designed to enable participants to understand the human rights perspective on migration, and how human rights laws and standards can be operationalised to make migration safer and an empowering experience for all. It provides an introduction to related principles and issues and is designed for persons with limited knowledge of human rights or migration. The training guide contains session plans for the trainer and is supported by sample slide presentations and associated materials, including activities and handouts for participants, which are available electronically as individual components on the OHCHR website

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Book SynopsisThe Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Book SynopsisThe Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Book SynopsisThe Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasises the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Book SynopsisThe Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasises the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Book SynopsisThis book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of children’s environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024. Table of ContentsChapter 1. Setting the Scene: From Environment as an Object to be Protected towards an Environmental Right(s)-based Approach - The International and EU Law Perspective.- Chapter 2. The Convention on the Rights of the Child: The Legal Basis for Environment-related Children’s Rights.- Chapter 3. A Child-centred Approach between the Lines of International and EU Environmental Law.- Chapter 4. Children in Pursuit of Environmental Human Rights: Current Practice and Future Prospects.- Chapter 5. Concluding Remarks.- Index.

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

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

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

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

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

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

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

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

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Book SynopsisThe formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate.Trade ReviewDisability human rights talk is ubiquitous, but disability human rights thought is scarce. This book helps fill that gap, by subjecting human rights rhetoric to rigorous but supportive interrogation. An excellent roster of authors show us what is needed to promote the flourishing of disabled people. Professor Tom Shakespeare, University of East Anglia.Table of ContentsTable of ContentsAcknowledgment * Chapter 1 General Introduction: Human Rights and Disability - Interdisciplinary PerspectivesAlicia Oullette *Part 1: Human Rights and Disability – Different Voices *Chapter 2 Remarks on a Disability-Conscious BioethicsJohn-Stewart Gordon *Chapter 3 Theology, Disability, and Human Rights: Difficult Past, Promising Future Johann-Christian Põder *Part 2: Human Development and Inclusion *Chapter 4 Grounding Disability and Human Rights with the Capabilities ApproachChristopher A. Riddle *Chapter 5 Human Rights and Persons with Intellectual and Developmental Disabilities: An Elusive but Emerging ParadigmDonato Tarulli, Dorothy Griffiths and Frances Owen *Chapter 6 On Human Rights and Human Duties: Is there a Moral Obligation to Inclusion?Holger Burckhart and Bennet Jäger *Chapter 7 The Right to Inclusive Education: Practical Implications in German SchoolsPetr Frantik *Part 3: Justice and Legal Protection *Chapter 8 Disability Rights, Legal and MoralHans Reinders *Chapter 9 From Manifesto to Action: Transforming the Aspiration of Disability Human Rights into Accountable Government ActionJerome Bickenbach *Chapter 10 Human and Civil Models of Rights: Healthy and Ill Disabled and Access to Healthcare Anita Silvers and Leslie Pickering Francis *Chapter 11 Agency and Disability. A Rights-Based ApproachMichael Boylan *Chapter 12 AfterwordAkiko Ito *Index *Contributors *Bibliography *

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Book SynopsisThis book explores the convergence of law and public policy. Drawing on case studies from Asia, Europe, the Middle East and Australia, it examines how judicial and political institutions are closely linked to the socio-economic concerns of the citizens. The essays argue for the utilization of both legislative and executive, private and public spheres of society as vehicles for transformative social change and to safeguard against violations of socio-economic rights.The volume will be of great interest to both public and private stakeholders, as well as professionals, including NGOs and think tanks, working in the areas of law, government, and public policy. It will also be immensely useful to academics and researchers of constitutionalism, policymaking and policy integration, social justice and minority rights.Trade Review‘Ranging from the local to the global, the contributions collected in this remarkable volume make a persuasive case for the alignment of public policy and law demonstrating that the notions of justice underpinning them are not revealed but constructed.’—Armando Barrientos, Professor Emeritus of Poverty and Social Justice, Global Development Institute, University of Manchester, U.K.‘Grounded in empirical research and rooted in theories of social justice, Transformative Law and Public Policy explores the shifting intersections between law and public policy in the developing world. Its detailed case studies and reflective essays provide an engaging view of how those two realms can come together to address poverty and build more inclusive societies.’—Joan Dassin, Professor, Heller School for Social Policy and Management, Brandeis University ‘The weaving together of different public policy areas and the application of the law offers a deeper understanding of the realities on the ground that resonates with many countries in the Global South. The book is a great resource not only for academia but public policy architects and implementers as well.’—Grace Bantebya-Kyomuhendo, Professor, Makerere University‘Critically important book to social scientists and legal scholars interested in current debates about international public policy and law. It contains up to date information and discerning commentaries that will be of value to scholars everywhere. It deserves to be widely read.’—James Midgley, Professor of the Graduate School, University of California, BerkeleyTable of ContentsPreface. 1. Why is law central to policy processes in Global South? Babu Mathew, Sony Pellissery and Arvind Narrain 2. The rise of an anti- global doctrine and strikes in public services Lilach Litor 3. Scrutiny of Sovereign Border Policy for ‘Operational Matters’: A New Political Role for an Old Legal Dichotomy in Australia? Suzanne Bevacqua and John Bevacqua 4. Sovereign Debt Restructuring: Locating Indian Law and Jurisprudence in the Contemporary International Legal Order Ansari Salamah 5. The Legal and Policy Questions in Foreign Direct Investment: An Assessment using Indian Case Priya Misra and Praveen Tripathi 6. Politics of Making and Unmaking of the Indian Planning Commission: Destiny of non-statutory institutions Sony Pellissery, S. Sharada and Anusha Chaitanya 7. Constitutional Promise vs Practices of Participation and Representation of Minorities in South Asia Mushtaq Malla 8. Growing up in families with low income – the state’s legal obligation to recognize the child’s right to adequate standard of living Julia Köhler-Olsen 9. Implementers of law or policymakers too? A study of street-level bureaucracy in India Amrutha Jose Pampackal 10. Production of space in Urban India: Legal and Policy challenges of land assembly Varun Panickar 11. Rawls, Nozick and Dworkin in an Indian village: Land alienation and multiple versions of distributive justice Naivedya Parakkal, Sony Pellissery and Rajesh Sampath 12. Concluding Reflections: Transformative Constitutionalism as a framework for law and policy integration in the global south Avinash Govindjee. Index.

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