Public international law: human rights Books

Book SynopsisThis timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.Trade Review‘Books abound on the question whether states of emergency can be legally controlled. But Frankenberg’s account stands out because of his mastery of the political and legal contexts in which the terms of the debate about states of emergency were framed for us – the situation of Weimar and the constitutional reaction in postwar Germany. In addition, Frankenberg has an astonishing command of the history of political theory from Hobbes to the present. His innovative but scholarly analyses permit him to construct a narrative about the potential of the rule of law to respond to emergencies that includes detailed examinations of Schmitt, Foucault, Habermas, Agamben, and many others. His treatments of these figures seek to draw out the genuine insights they might offer, so that, even though none of the figures escapes the force of his criticism, his argument will challenge the assumptions of all involved in the debate.’ -- David Dyzenhaus, University of Toronto, CanadaTable of ContentsContents: Preface 1. A Critique of Political Technology 2. Visions of Political Technology 3. Constellations of Law-Rule and the State of Exception 4. The State of Exception as Mindset and Doctrine 5. Political Extremism and the Militancy of Law-Rule 6. Normalizing the State of Exception: Counter-Terrorism and ‘Whatever it Takes’ 7. Normalizing Torture as a Technique of Governing: What the ‘Exigencies of War’ Demand? Afterword

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Book SynopsisThis timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.Trade Review‘Books abound on the question whether states of emergency can be legally controlled. But Frankenberg’s account stands out because of his mastery of the political and legal contexts in which the terms of the debate about states of emergency were framed for us – the situation of Weimar and the constitutional reaction in postwar Germany. In addition, Frankenberg has an astonishing command of the history of political theory from Hobbes to the present. His innovative but scholarly analyses permit him to construct a narrative about the potential of the rule of law to respond to emergencies that includes detailed examinations of Schmitt, Foucault, Habermas, Agamben, and many others. His treatments of these figures seek to draw out the genuine insights they might offer, so that, even though none of the figures escapes the force of his criticism, his argument will challenge the assumptions of all involved in the debate.’ -- David Dyzenhaus, University of Toronto, CanadaTable of ContentsContents: Preface 1. A Critique of Political Technology 2. Visions of Political Technology 3. Constellations of Law-Rule and the State of Exception 4. The State of Exception as Mindset and Doctrine 5. Political Extremism and the Militancy of Law-Rule 6. Normalizing the State of Exception: Counter-Terrorism and ‘Whatever it Takes’ 7. Normalizing Torture as a Technique of Governing: What the ‘Exigencies of War’ Demand? Afterword

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Book SynopsisIs there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur'an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.Trade Review‘This is a fascinating, accessible and informative analysis of the potential for harmonisation between international human rights standards and Islamic law. It is well researched and engagingly written.’ -- Ian Freckelton, Law Institute JournalTable of ContentsContents: Introduction 1. Human Rights and Islamic Legal Sources 2. Development of Human Rights and Some Basic Conceptions 3. Islamic Human Rights Instruments 4. Human Rights and the Idea of ‘Clash of Civilisations’ 5. Islam and the state 6. Religion, the State, and Human Rights 7. Islam, Human Rights, and Women 8. The rights of the child 9. Freedom of expression 10. Islam and religious freedom 11. Human rights and war 12. Conclusion Bibliography Index

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Book Synopsis[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.'- Páll Hreinsson, EFTA-Court'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.'- Gudmundur Alfredsson, University of Akureyri, IcelandWhat are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice.The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.Trade Review‘[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.’ -- Páll Hreinsson, EFTA-Court‘This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.’ -- Gudmundur Alfredsson, University of Akureyri, IcelandTable of ContentsContents: PART I INTRODUCTION 1. Introduction PART II THEORIES ON THE RELATIONSHIP BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW 2. The Main Theories PART III MONISM AND DUALISM IN PRACTICE 3. The Treaty-making Process and Ratification of Treaties 4. Automatic Incorporation or Transformation 5. Direct Effect 6. Principle of Consistent Interpretation 7. Remarks on the Judgment of the Supreme Court in the Ægisson-case 8. Remedies and Reparations 9. Application of Incorporated Treaties Index

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Book SynopsisThere are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Björgvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. UsackaTrade Review'Constitutionalism is a system whereby legislatures and governments are bound by higher norms, often human rights norms. In this book, the focus is on the role of national and international courts in upholding these norms. Some observers say that there is nowadays an erosion of the rule of law and human rights. The book comes at the right time. It reminds the courts of their responsibility in this area, and public authorities of the need to respect their decisions.' --Paul Lemmens, Judge, European Court of Human RightsTable of ContentsContents: Preface 1. Introduction Helle Krunke and Martin Scheinin PART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL 2. On Judging Aharon Barak 3. The Changing Understanding of Judicial Legitimacy Or Bassok 4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human Rights Helle Krunke PART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE 5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United Kingdom David Hope (The Lord Hope of Craighead) 6. The Judiciary and the Surveillance State: General Trends and German Experiences Wolfgang Hoffmann-Riem 7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative Perspective TJ McIntyre 8. Procedural Fairness and Judicial Review of Counter-Terrorism Measures David Jenkins 9. The Judiciary in Times of Terrorism and Surveillance: A Global Perspective Martin Scheinin PART III THE JUDICIARY IN TIMES TRANSITION 10. The Role of the Judiciary in Egypt´s Failed Transition to Democracy Antoni Abat i Ninet 11. The Russian Constitutional Court in International Legal Dialogues Bakhtiyar Tuzmukhamedov 12. Guides and Guardians: Judiciaries in Times of Transition Ebrahim Afsah PART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES 13. Constitutionalism and Human Rights at the International Criminal Court Anita Ušacka 14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights System Carlos Ayala 15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the Individual David Thór Björgvinsson 16. The Task of Regional and International Courts in Guarding Constitutionalism and Human Rights Marina Aksenova and Geir Ulfstein Index

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Book SynopsisInternational economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law.Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. VadiTrade Review'This is a timely volume on the long-standing debate on the relationship between trade and human rights. The chapters are contributed by some of the leading scholars in the field and cover both theoretical and practical aspects of the relationship. It not only highlights the tensions and conflicts between the two, but also explores ways on how the potentials of trade may be harnessed to serve the needs of human rights protection at the local level. Therefore, it will not only inspire researchers on these issues, but also provide invaluable practical lessons to policy makers and activists.' --Henry Gao, Singapore Management University'Today's world is beset, once again, with surges of nationalism and libertarianism that challenge the enforcement of human rights and international trade law. This much-needed collection of essays by leading scholars explores the policy space in national legal systems for effectively coordinating the sometimes disparate requirements of the two regimes of international law. Building on proposed theoretical frameworks for effective local engagement with these requirements, several highly instructive case studies from North America, Europe and Asia illuminate institutional and cultural predispositions within the acceptable margins of appreciation for enforcement.' --James Nafziger, Willamette University College of Law, US'This is a timely and valuable contribution to the current discourse on trade globalization development. In a very refreshing way the book explores both theoretical and practical dimensions and challenges facing the inter-relationship between trade law and human rights standards in the local context to interpret and implement international norms. Its interdisciplinary approach and the original analyses make the book very readable and stimulating. The excellent scholarship on comprehensive socio-legal conceptualization deserves a special recognition.' --Xianchu Zhang, The University of Hong KongTable of ContentsContents: Introduction Ljiljana Biukovic and Pitman Potter Part I: Re-imagining local engagement with international law 1. International Trade, Human Rights and Policy Space Thomas Cottier 2. Cosmopolitan Constitutionalism: Linking Local Engagement with International Economic Law and Human Rights Ernst-Ulrich Petersmann Part II: Structural Aspects of Trade and Investment 3. Transparency Evolution: More than the Right to Know Ljiljana Biukovic 4. Challenging an Investment Agreement in Canada: Hupacasath First Nation’s Application for Judicial Review against the CCFIPPA Naayeli E. Ramirez-Espinosa 5. The Impact of Mexico’s 2011 Human Rights Constitutional Amendment on Arbitral Practice: A View from Local Actors Erika Cedillo Part III: The Impact of Communities and Local Culture 6. Demarcating the International Community: Where do International Practices Come from? Mor Mitrani 7. Local Communities, Cultural Heritage and International Economic Law Valentina Vadi 8. Identity Matters: The Enforcement of Global Human Rights Treaties by European Union's Trade Instruments Moshe Hirsch 9. Observing the Small Gestures: Human Rights Vectors in the Vietnamese Trade Law Environment Lisa Toohey Part IV: Dilemmas of Local Performance: The Case of China 10. Coordinating Human Rights and Trade Policy in China: The Case of Environmental Protection Pitman B. Potter 11. Structuring China’s Engagement with International Human Rights: The Case of Wage Protection Law and Practice Sarah Biddulph Index S. Biddulph

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Book SynopsisThis groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organisations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations.Trade Review'As calls for a better balance between the immunity of international organizations and the legal protection of individuals become louder, this timely study not only analyses the tension between these two fundamental legal principles, but also presents a number of recommendations to solve the problem. This book is an essential contribution to a debate that has direct implications for all of those affected by the decisions of international organizations.' --Ramses A. Wessel, University of Twente, the Netherlands'Accountability fares high on the agenda of international lawyers. In this context, international organizations, long the embodiment of progress, have become suspect and the object of intense scrutiny. In his book, Pierre Schmitt provides us with a comprehensive and timely treatment of the legal avenues (and the limitations thereof) by virtue of which international organizations can be held accountable for human rights violations while also making audacious proposals. In doing so, he usefully continues international lawyers' quest for greater accountability in international society.' --Jean d'Aspremont, University of Manchester, UK and University of Amsterdam, the Netherlands'This book tackles a complex question of contemporary international law and international life - legal remedies for individuals vis-a-vis international organizations. Focusing on human rights violations, it carefully analyses the institutional and procedural aspects of the right of access to justice, the procedural remedies currently available, and the effects of an intersection with immunity law. The book is an important resource for anyone working with the theory or practice of international organizations and human rights.' --Catherine Brolmann, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. Setting the scene 2. International organizations’ human rights obligations 3. Right of access to justice 4. International dispute settlement mechanisms 5. National jurisdictions and the immunities of international organizations 6. General conclusions and normative proposals Index

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Book SynopsisThis book aims to introduce concrete and innovative proposals for an holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law. Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures. This book's novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.Trade Review'The emergence of a human rights jus commune, the product of dialogue across jurisdictions and of the integration of "soft law" in the reasoning of human rights courts and expert bodies, has triggered fears of unpredictability as well as hopes of greater coherence across human rights systems and further progress in the protection of human rights. Do the advantages compensate for the potential risks? To provide an answer, human rights scholars have been asked to re-imagine certain leading cases in the light of such an ''integrated approach'' to human rights. The results are enlightening, making a significant contribution to the debate.' --Olivier De Schutter, University of Louvain (UCL) and UN Committee on Economic, Social and Cultural Rights'The creativity of this international team of excellent professors and scholars in human rights have produced an original and fascinating book. This exercise of ''redrafting'' some landmark cases decided by different supranational judicial and monitoring bodies reveals the unexpected resources of a holistic approach to fundamental rights, leaving space for external sources. This innovative book is a must read for all those who want to think and to mobilise human rights differently.' --Francoise Tulkens, Former Vice-President, European Court of Human RightsTable of ContentsContents: 1. Introduction: Rewriting Decisions from a Perspective of Human Rights Integration Eva Brems Part I Civil and political rights 2. Questions of Method : the Use of “External Sources” in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR) Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot 3. Standing Alone or Together: The Human Rights Committee’s Decision in A.P. v Russian Federation Gerald L. Neuman 4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and Peoples’ Rights, Zongo v Burkina Faso Magnus Killander 5. Same-Sex Marriage in Polarized Times: Revisiting Joslin v New Zealand (HRC) Malcolm Langford Part II Economic and Social Rights 6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty Valeska David 7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR) Wouter Vandenhole Part III Women’s rights 8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later Rhona Smith 9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary Eva Brems 10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive Part IV Disability rights 11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability Helena De Vylder 12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR) Marijke De Pauw and Paul De Hert 13. Another look at Glatzel (ECJ). Of principles and discriminations Antoine Bailleux and Isabelle Hachez Part V Indigenous peoples’ rights 14. Taking seriously indigenous peoples’ right of self-determination and the principle of ‘free, prior and informed consent’. Human Rights Committee, 2102/2011, Paadar et al. v Finland Martin Scheinin 15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples’ Rights): Pushing Indigenous Peoples’ Rights in Africa Forward Stefaan Smis and Derek Inman 16. Moving Human Rights Jurisprudence to a Higher Gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR) Lieselot Verdonck and Ellen Desmet Index

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Book SynopsisRefugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit. Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.Trade Review'This pioneering book weaves together international human rights law as well as international humanitarian and refugee law in order to address the plight of an estimated 10 million disabled refugees in the world. It tracks the steady evolution of international humanitarian and refugee law to keep pace with the insights and new standards in the UN convention on the rights of persons with disabilities, complementing legal analysis with a detailed and highly accessible examination of the situation on the ground. This work will endure as the standard reference work on refugees with disabilities, opening up a new field and doubtlessly attracting many others to contribute to it. It has a major role to play in framing a reform agenda to narrow the gap between the majestic generalities of the UN disability treaty and the actual living conditions of many millions of persons with disabilities.' --Gerard Quinn, National University of Ireland'At a time when the whole world is in an emotional state about refugees, with escalating polarization and discrimination, it is easy to invoke antagonistic feelings about the ''other''. Sadly, our ideal of "living together" is being replaced by the word ''security'' each day and it is time we remember that there is another side to security. This is why I am honored to endorse this great book by Crock, Smith-Khan, McCallum and Saul; for reminding us of the protection issues and rights of refugees with disabilities, making them visible again. This book does not only provide a rich variety of field findings, identifying the complex issues related to forced displacement and disability in the field, but also offers great guidance on how to overcome these challenges through the utilization of international law.' --Safak Pavey, MP, Turkish Parliament and former member of the UN Convention on the Rights of Persons with DisabilitiesTable of ContentsContents: Part I Setting the Scene 1. Disability in refugee populations 2. Paradigm shift: The CRPD, international law and disability in displacement 3. Responding to disability in displacement: Country reports 4. Identifying disability 5. Lived experience of disability in displacement 6. Disability, intersectionality and context Part II Towards a rights regime for refugees with disabilities 7. Access to protection: Refugee rights and status determination processes 8. Disability rights, maritime interdiction and immigration detention 9. The right to survive: Disability and access to basic humanitarian assistance 10. Beyond mere survival: Rights to education, employment and community participation 11. The other ‘durable solutions’ for refugees with disabilities: resettlement and repatriation 12. Strategies for realising rights for refugees with disabilities Index

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Book SynopsisThis original and insightful book explores and examines the impact that building mega-dams has on the human rights of indigenous peoples living in surrounding areas, who are often significantly affected. It demonstrates the many ways in which human rights are violated by governments and other institutions in relation to large dam projects, and the wider effect this can have on these regions. Compiling case studies from around the world, Itzchak Kornfeld provides clear examples of how human rights violations are perpetrated and compounded, as the construction of and flooding that results from these dams destroys livelihoods, cultural legacies and the local ecology, and promises of resettlement from governments are routinely broken. With chapters examining historical, recent and ongoing dam projects, the book also highlights the involvement of development banks and their failure to respect even their own policies in relation to issues such as environmental impact assessments. This incisive book will be valuable to lawyers, political scientists, and other professionals working in the area of human rights, as well as academics and students. It will also be of interest to those working for government agencies, international organizations, and others involved in dam construction and similar large-scale projects.Table of ContentsContents: Preface and Acknowledgements 1. The Twentieth Century: Dams and the Epic Struggle to Control Nature 2. America and the Age of Dams 3. A Brief Survey of Human Rights Law 4. Funding Mega-Dams: The Multilateral Banks 5. The Yacyretá Dam: Adiós to Paradise and the Destruction of Human Rights 6. Dark Lessons from the Senegal River 7. The Southeastern Anatolia Project (GAP): The loss of cultural heritage 8. The Narmada Dam, India: The courage of tribals 9. Zambia’s Kariba Dam 10. The Xayaburi Dam on the Mekong River 11. The Oldman Dam, Alberta, Canada Epilogue Index

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Book SynopsisThis authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. In addition to offering critical insights on the historical evolution of the business and human rights field and its relationship with the domain of corporate social responsibility, contributions to this comprehensive Research Handbook are split into several thematic parts to facilitate cohesive analysis. Chapters explore the themes of corporate human rights due diligence, regulatory role of states, human rights intersection with trade, investment and finance, heightened risks for certain groups and contexts, and corporate accountability. Containing a detailed examination of the challenges and the potential solutions in the field, the Research Handbook on Human Rights and Business will be an indispensable resource for scholars, researchers, policymakers and practitioners working at the intersection of business and human rights. Contributors include: D.D. Bradlow, H. Cantú Rivera, D. Cassel, L. Catá Backer, D. Chimisso dos Santos, J. Coleman, K.Y. Cordes, S. Deva, N. Jägers, L. Johnson, J. Kolieb, M. Krajewski, J. Kyriakakis, J. Letnar ernic, R. Mares, J. Martin, O. Martin-Ortega, C. Methven O Brien, A. Naudé Fourie, J. Nolan, M.M. Rahim, J.G. Ruggie, S.L. Seck, B. Stephens, M.B. Taylor, T. Van Ho, M. van Huijstee, F. Wettstein, J. Wilde-RamsingTrade Review‘The Research Handbook on Human Rights and Business provides a thorough analysis of the complex issues associated with business and human rights by some of the most prominent scholars in the field. This book is integral to legal scholars and advocates for understanding both the shortcomings in the UNGP and current mechanisms for protecting human rights and the pathways to reforming the human rights and business paradigm in a way that obligates corporations and states to treat human rights as an objective in itself, rather than a hindrance to profit maximization.’ -- Sue Silverman, International Journal of Legal Information‘The Research Handbook is a timely, welcome and extensive research publication, with chapters from experts, which looks both at the field of business and human rights (BHR) and deconstructs and critiques the guiding principles.’ -- Krishnendu Mukherjee, Journal of the Indian Law Institute'The Research Handbook on Human Rights and Business surveys many of the most important issues that anyone interested in ensuring human rights protections must understand and address. It challenges the current state of the field, calls into question 'co-opting' human rights rhetoric to advance economic interests, and offers some correctives to counter the increasing corporate capture of policy making processes. The contributions contained in this volume serve to explain and to expand a fast moving and growing field of inquiry exploring the interactions between human rights and different areas of law. The Handbook is a critical reference for anyone who seeks to better understand the past and future of business and human rights.' --Erika George, University of Utah, US'The Research Handbook on Human Rights and Business is simply the most magisterial treatment of this fast growing, but challenging, field I have seen in the last 20 years; rich in its diversity of opinions, comprehensive in its coverage of issues, and commanding as regards the depth and rigour of each contribution. There is a refreshing authenticity in the voices expressed in this Handbook by the various authors, all of whom have worked in this field for a considerable period of time. The Handbook is work of outstanding scholarly standard that should earn prime space on the bookshelves of all those interested in policy making, implementation and enforcement of standards, research and postgraduate teaching on business and human rights.' --Danwood Chirwa, University of Cape Town, South Africa'This book provides vital and intelligent insights into the rapidly developing area of business and human rights. The chapters cover a broad variety of key issues and are written by some of the leading experts in their fields, who provide excellent analysis and critiques of the policies, practices and law in this area. It should be an essential part of corporate, government, international organisation, civil society and academic reading - and action - in this area.' --Robert McCorquodale, University of Nottingham and Brick Court Chambers, UKTable of ContentsContents: 1. From ‘Business or Human Rights’ to ‘Business and Human Rights’: What Next? Surya Deva A. Human Rights and Business: History and Evolution 2. The History of ‘Business and Human Rights’ and its Relationship with ‘Corporate Social Responsibility’ Florian Wettstein 3. The Rise and Fall of the Alien Tort Statute Beth Stephens 4. The Social Construction of the UN Guiding Principles on Business and Human Rights John Gerard Ruggie B. Corporate Human Rights Due Diligence 5. Human Rights Due Diligence in Theory and Practice Mark B. Taylor 6. Human Rights Due Diligence and the (Over)-Reliance on Social Auditing in Supply Chains Justine Nolan and Nana Frishling 7. Humanizing the Global Supply Chain: Building a ‘Decent Work’ Environment in the Ready-made Garments Supply Industry in Bangladesh Mia Rahim 8. Human Rights Due Diligence and Extractive Industries Daniela Chimisso Dos Santos and Sara L. Seck C. Regulatory Role and Tools of States 9. The Use of Disclosure-Based Regulation to Advance the State’s Duty to Protect Jena Martin 10. State Jurisdiction over Transnational Business Activity Affecting Human Rights Doug Cassel 11. Human Rights Responsibilities of State Owned Enterprises Larry Catá Backer 12. Human rights and public procurement of goods and services Claire Methven O’Brien and Olga Martin-Ortega D. Human Rights’ Interaction with Trade, Investment and Finance 13. Framing the Broader Context of Business and Human Rights: The Impact of Trade Agreements on Human Rights Markus Krajewski 14. Human Rights Law and the Investment Treaty Regime Jesse Coleman, Kaitlin Y. Cordes and Lise Johnson 15. The Multilateral Development Banks and the Management of the Human Rights Impacts of their Operations Danny Bradlow and Andria Naude Fourie E. Heightened Human Rights Risks: Groups and/or Operating Context 16. Business and Indigenous Peoples’ Human Rights Jernej Letnar Černič 17. Protecting the Most Vulnerable: Embedding Children’s Rights in the Business and Human Rights Project Jonathan Kolieb 18. Business and Human Rights in Transitional Justice: Challenges for Complex Environments Tara Van Ho F. Access to Remedy and Corporate Accountability: Opportunities and Challenges 19. Access to Effective Remedy: The Role of Information Nicola Jägers 20. The Role of Civil Society and Human Rights Defenders in Corporate Accountability David Birchall 21. Liability within Corporate Groups: Parent Company’s Accountability for Subsidiary Human Rights Abuses Radu Mares 22. The Relationship Between Non-Judicial Grievance Mechanisms and Access to Remedy for Business-Related Human Rights Abuses Mariëtte van Huijstee and Joseph Wilde-Ramsing 23. National Human Rights Institutions and their (Extended) Role in the Business and Human Rights Field Humberto Cantú Rivera 24. Atrocities and Victim Redress: The Opportunities and Challenges of International Criminal Justice Joanna Kyriakakis Index

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Book SynopsisBuilding on the previously established Millennium Development Goals, which ran from 2000-2015, the 2015 Sustainable Development Goals (SDGs) provide the UN with a roadmap for development until 2030. This topical book explores the associated legal and normative implications of these SDGs, which in themselves are not legally binding.The 17 goals and 169 targets of the SDGs cover areas as crucial as poverty reduction, climate change, clean water and access to justice. Combining both thematic and goal-specific analysis, expert contributors establish the relevance not just of international law, but also of a broader range of normative frameworks including constitutional norms, domestic regulatory law and human rights. Connecting the SDGs to wider debates in international law and politics, this book ultimately demonstrates that law has an important constitutive and instrumental role to play in both implemention and analysis.The first of its kind to offer a specific focus on the relationship between law and the SDGs, this much-needed book will prove invaluable for scholars in the field of international sustainable development. Its insightful observations will also provide food for thought for both related international organizations and national government officials.Contributors include: S. Adelman, H. Aust, M. Barnard, L. Collins, N. Cooper, A. du Plessis, D. French, L. Kotzé, G. Long, O. McIntyre , K. Morrow, N. Sánchez Castillo-Winckels, W. Scholtz, N. SoininenTrade Review'A must read for those who aim to understand the limitations and potentialities of the SDGs. Using the lens of law, this volume presents a critical analysis of whether the SDGs, rooted in neoliberalism and anthropocentrism, will be able to realize the promise that ''no one will be left behind''. Or, as Long writes in his chapter, ''given that our world is unjust, and a more just world is possible, what role can the SDGs play in getting there from here?''.' --Ellen Hey, Erasmus University Rotterdam, the Netherlands'This book addresses the questions around the importance and relevance of the SDGs that many lawyers have often wondered but struggled to articulate. It is an honest and deeply interrogated account of the different perspectives on the SDGs and the emerging trend of ''governance through goals''. The editors are to be commended on their thoughtful arrangement of these discussions and views.' --Olivia Rumble, University of Cape Town, South Africa'The Sustainable Development Goals aim to transform our world. Although a drastic change in the way we use the Earth is urgently needed, the question arises whether the SDG's sufficiently facilitate such a transformation. This excellent new book, edited by the world's leading legal scholars in the broad area of sustainable development law, provides clear answers to that pressing question and is a must read for all academics and policy makers involved in steering human behaviour toward a more sustainable track.' --Jonathan Verschuuren, Tilburg University, the NetherlandsTable of ContentsContents: 1. Introduction Duncan French and Louis J. Kotzé PART I GENERAL THEMES 2. The Sustainable Development Goals, Anthropocentrism and Neoliberalism Sam Adelman 3. The Sustainable Development Goals: An Existential Critique Alongside Three New-millennial Analytical Paradigms Louis J. Kotzé 4. Sustainable Development Goals and Human Rights: Challenges and Opportunities Lynda M. Collins 5. Underpinning Commitments of the Sustainable Development goals: Indivisibility, universality, leaving no one behind Graham Long 6. How the Sustainable Development Goals Promote a New Conception of Ocean Commons Governance Nadia Sánchez Castillo-Winckels PART II A SELECTIVE ANALYSIS OF PARTICULAR GOALS 7. Gender and the Sustainable Development Goals Karen Morrow 8. International Water Law and SDG 6: Mutually Reinforcing Paradigms Owen McIntyre 9. Good Urban Governance as a Global Aspiration: On the Potential and Limits of SDG 11 Helmut Philipp Aust and Anél du Plessis 10. The Environment and the Sustainable Development Goals: ‘We are on a Road to Nowhere’ Werner Scholtz and Michelle Barnard 11. Torn by (un)certainty – Can There be Peace Between Rule of Law and Other Sustainable Development Goals? Niko Soininen 12. SDG 17: Partnerships for the Goals - Cooperation within the Context of a Voluntarist Framework Nathan Cooper and Duncan French Index

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Book Synopsis'James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.'- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association'Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth - the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that Human Rights and the Environment envelops.'- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist Much has been written, discussed, advocated and litigated about human rights and the environment over the last two decades. With 45 structured entries from a global collection of expert scholars, this volume of the Elgar Encyclopedia of Environmental Law provides an authoritative source of reference and features new commentary on the role of the rule of law in responding to the variegated impacts of environmental challenges on the human condition.This comprehensive volume offers fresh perspectives to the conversation by focusing especially on four subjects that shed new light on the subject of environmental human rights: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment, the recognition of the indivisibility of human rights and environmental law, the centrality of the right to human dignity as the lodestar of human rights law, and the uniqueness of geographic particularities. Fundamentally, the entries demonstrate that there is much to do, learn and share on this vital topic.Offering thoughtful critical perspectives on a timely subject, this volume will be an essential resource for academics and students, as well as policymakers and practitioners.Contributors include: S. Adelman, N. Ahuja, C. Anant Malviya, A. Awal Khan, L. Benjamin, D. Bonilla Maldonado, R. Bratspies, C. Bruch, M. Burger, C. Butler, A. Carlson, C. Cournil, P. Coventry, E. Daly, K. Davies, R. Dhingra, R.J. Donato Quan, E. Gebre, C. Guneratne, A.M. Hammadeen, B. Hudson, C. Iorns Magallanes, V. Karageorgou, A. Kariuki, A. Kenmogne Simo, J.H. Knox, G.J. Kounga, A. Kreilhuber, S. Lamdan, R. Libel Waldman, K.E. Makuch, S.-J.-T. Manga, P. Martin, J.R. May, A. Mboya, S.O. McKenzie, M.A. Mekouar, D. Misiedjan, E. Mrema, R. Mwanza, D.S. Olawuyi, N. Osborne, O.W. Pedersen, J. Pendergrass, M.-C. Petersmann, M. Prieur, S.R. Rajan, L. Reins, J.M. Rivero Godoy, D.N. Scott, A. Solntsev, M. Stevenson, D.B. Suagee, A. Thomas, S.J. Turner, G. Van Hoorick, L. Vandenhende, J. Wentz, W. Yun SantosoTrade Review‘This book demonstrates the rapidly changing nature of law and the environment in the new millennium and the dynamic capacity for moulding and reshaping legal concepts to enhance environmental protection. It provides an authoritative collection of scholarship that offers new perspectives on human rights and the environmen. This book is quite simply a work that postgraduate students, seasoned academics, judges and jurists will return to as a source of information and imagination.’ -- Trevor Daya-Winterbottom, Waikato Law Review‘James R. May and Erin Daly, household names in global environmental constitutionalism, have produced a magnum opus on human rights and the environment. An encyclopedia studded with precious research, analysis and wisdom from eminent voices from all over the world. The timing of the publication is auspicious. It coincides with the first ever Report of the UN Secretary General on International Environmental Law towards a Global Pact for the Environment. The encyclopedia is a must have for all students and scholars of human dignity and sustainable development, and particularly for those that will, hopefully, craft the Global Pact for the Environment into hard law on the model of the International Covenants on Human Rights.’ -- Parvez Hassan, IUCN World Commission on Environmental Law and Pakistan Environmental Law Association‘Is the Environment about the birds and the bees, the flowers and the trees? Or is It about the vital organs of Life on Earth – the Land, Air, and Waters? (LAW). This marvelous work by James R. May and Erin Daly, and the contributors, world champions of the human right to Life and to the Sources of Life, could not be more timely. When we finally understand that the Environment is Life itself, then we will truly care for the LAW of Life that the Encyclopedia volume on Human Rights and the Environment envelops.’ -- Antonio Oposa, Jr., Litigator, Educator, Organizer and Activist'James R. May and Erin Daly have curated a highly original analysis of Human Rights and the Environment through the lenses of legality, indivisibility, dignity and geography. The stellar array of authors offer their insights into the intersections between Human Rights and Environmental Constitutionalism, climate change, gender, property, water, biodiversity, energy and Indigenous rights, to mention a few. The intercontinental reach of the contributions is unique. The editors and contributors are to be congratulated on bringing this impressive and timely encyclopaedia to fruition.' --Rosemary Lyster, University of Sydney, Australia'James R May and Erin Daly set out to create an 'encyclopedia' of human rights and the environment, and a stellar encyclopedic effort is what they have delivered. Divided into four major analytical parts covering the field, the May and Daly tome includes 44 contributions by world leading authorities. The volume is designed to not only capture the essence of the entries, but also to move our thinking forward - something vital in this important emerging area of law.' --Donald K Anton, Griffith Law School, Australia'This excellent volume is highly recommended to everyone interested in human rights and environment and human rights in general. The authors, who are the leading experts in their fields offer challenging insights into human rights and the environment. This publication is especially timely after the seminal 2017 Advisory Opinion of the Inter-American Court of Human Rights on the extraterritorial application of environmental human rights. Although much has been written and debated about human rights and the environment, this encyclopedia has adopted a novel and original approach offering new insights into the debate by analyzing four subjects, which approach environmental human rights from different perspectives. Its analytical focus is on four overarching themes: the challenges of identifying the fundamental legal sources for the protection of human rights and the environment (legality), the recognition of the indivisibility of human rights and environmental law (indivisibility), the centrality of the right to human dignity as the lodestar of human rights law (dignity), and the uniqueness of geographic particularities (geography). I have no doubt that this volume of the encyclopedia, will be a very significant contribution to further development of knowledge in the field of environmental human rights due to its novel and challenging approach.' --Malgosia Fitzmaurice, Queen Mary, University of London, UKTable of ContentsContents: Introduction: New Dimensions in Human Rights and the Environment James R. May and Erin Daly PART I LEGALITY 1. Advancing Human Rights through the Environmental Rule of Law Naysa Ahuja, John Pendergrass, Arnold Kreilhuber, Elizabeth Mrema and Carl Bruch 2. The United Nations Mandate on Human Rights and the Environment John H. Knox 3. An International Covenant on the Right of Human Beings to the Environment Michel Prieur, Mohamed Ali Mekouar and Erin Daly 4. New Frontiers in Environmental Constitutionalism: Environmental Rule of Law and the Sustainable Development Goals Arnold Kreilhuber and Angela Kariuki 5. In Defense of Constitutionalizing Environmental Rights Rosemary Mwanza 6. Human Rights Developments in Global Environmental Constitutionalism James R. May and Erin Daly 7. Human Rights and Human Benefits: the Implementation Gap Paul Martin 8. Sovereignty and Environmental Human Rights Sam Adelman 9. The Human Right to Environmental Information Rebecca Bratspies and Sarah Lamdan 10. Implementing Human Rights-Related Environmental Principles with e-Technology Innovation Under the Aarhus Convention Sylvestre-José-Tidiane Manga 11. Access to Justice in Environmental Matters: Recent Developments at International and Regional Level and the Repercussions at the National Level Vasiliki (Vicky) Karageorgou PART II INDIVISIBILITY 12. Indivisibility of Human and Environmental Rights Erin Daly and James R. May 13. Identifying Legal Claims to Human Rights and the Environment S. Ravi Rajan, Kirsten Davies and Catherine Iorns Magallanes 14. Climate Change and Human Rights Michael Burger and Jessica Wentz 15. Climate Change, Mobility, Law and Human Rights Christel Cournil and Emnet Gebre 16. Protecting The Right to Food When Implementing Climate Change Mitigation Strategies in Developing Countries Philip Coventry 17. Human Rights And the Gender Dynamics of Climate Change Ryan Jeremiah Donato Quan 18. Sustainability and Environmental Human Rights Chetna Anant Malviya and Ricardo Libel Waldman 19. Moral Limitations on Property Rights in the United States as Human Rights Blake Hudson 20. Land Use Restrictions and the Right to Property Geert Van Hoorick and Lise Vandenhende 21. Conflicts between Environmental Protection and Human Rights Marie-Catherine Petersmann 22. Biodiversity and Human Rights Wahyu Yun Santoso 23. The Rights of Nature and a New Constitutional Environmental Law Daniel Bonilla Maldonado PART III DIGNITY 24. Environmental Dignity Rights Erin Daly and James R. May 25. The Human Right to Water Daphina Misiedjan and Scott O. McKenzie 26. The Human Right to Landscape Michel Prieur 27. Understanding the Nexus of Environment, Energy and Human Rights Leonie Reins 28. Business Practices, Human Rights and the Environment Stephen Turner 29. Environmental Rights of Children Karen E. Makuch 30. Indigenous Peoples and Environmental Rights Alexander Solntsev 31. Indigenous Peoples and Conservation of Biodiversity Ritu Dhingra 32. Human Rights Based Environmental Remedy for Allotment Era Legacy in Indian Country Dean B. Suagee 33. Human Rights to the City: Urban Ecologies and Indigenous Justice Natalie Osborne, Anna Carlson & Chris Butler 34. Environmental Justice and the Hesitant Embrace of Human Rights Dayna Nadine Scott PART IV GEOGRAPHY 35. European Court of Human Rights and Environmental Rights Ole W. Pedersen 36. Vida Digna and Environmental Human Rights in the Inter American System Juan Manuel Rivero Godoy 37. Human Rights and the Environment in the Middle East and North African Region: Trends, Limitations and Opportunities Damilola S. Olawuyi 38. Non-Economic Losses and Human Rights in Small Island Developing States Lisa Benjamin, Adelle Thomas and Michael Stevenson 39. The Effectiveness of Access Rights in Sri Lanka in Issues of Environment and Development Camena Guneratne 40. Human Rights and Climate Change Displaced People: Bangladesh Perspective Md Abdul Awal Khan 41. Evaluation of Human Rights and the Environment in Jordan Aisa M. Hammadeen 42. Human Rights and Environmental Justice in Development Projects in Central Africa: from the Pipeline Chad-Cameroon to the Mbalam-Nabéba Iron Ore Project Guy Jules Kounga and Alain Kenmogne Simo 43. Human Vulnerability and Environmental Rights: The Endorois Welfare Council v. Kenya Case Atieno Mboya Samandari 44. Legal Personality for the Environment in Aotearoa New Zealand Catherine Iorns Magallanes 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 SynopsisThe Inter-American Court of Human Rights continues to build justiciability to determine the social rights of marginalised individuals and groups in the Americas. In this engaging book, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court's contribution to human rights policy in the Global South.This innovative book offers a thorough and complete examination of the Inter-American Court's jurisprudence over its forty years of existence, within the framework of Economic and Social Rights (ESR). The author offers a concise discussion of both the historic and landmark cases in regards to ESR, and its theoretical basis, as well as giving insight into how to further improve and protect the lives of the most vulnerable people in the Americas. This book also exposes the possibility of enforcing legal remedies for poverty and structural discrimination in order to seek social justice.Contemporary and insightful, this book will be vital reading for legal scholars and students interested in human rights more broadly, as well as social justice and social rights specialists. Judges, practitioners and policymakers will also find this book a thought-provoking read.Trade Review'In recent years, inequality and the denial of social rights have gained increasing prominence on the human rights agenda in response to the return of the worst features of the Gilded Age. This up-to-date review of the past twenty years of the relevant jurisprudence of the Inter-American Court of Human Rights highlights impressive recent initiatives taken by the Court. It is an important reference work for understanding the evolution of this major system of rights protection.' --Philip Alston, New York University, School of Law, US'Isaac de Paz González provides a valuable survey of the jurisprudence of the Inter-American Court of Human Rights dealing with the rights of indigenous peoples and children, the rights of labour, and the right to health. The book is an important resource for students and scholars to reflect on important questions about the interactions among rights, about complex remedies, and about compliance with human rights.' --Mark Tushnet, Harvard University, USTable of ContentsContents: 1. Constitutional law and international human rights law in the Inter-American system: approaches, tensions and setting the social rights scene 2. Indigenous rights: old issues, new methods? protecting excluded groups 3. Deprivation of life and marginalisation: trends in children’s social rights 4. Jurisprudence On the Right to Health and Education 5. Labour rights: the path to a direct interpretation of Article 26 ACHR 6. Slavery and poverty on trial: light and shadow Conclusions

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Book SynopsisContrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users.The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law.Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look.Contributors include: E. Brems, E. Bribosia, P. De Hert, E. Desmet, E.K. Dorneles de Andrade, M. Holvoet, D. Inman, B. Oomen, S. Ouald-Chaib, I. Rorive, S. Smis, O. Van der Noot, S. Van DrooghenbroeckTrade Review'This book presents a thorough and inspiring analysis of the current trend towards fragmentation in the domain of human rights. There is a serious risk that fragmentation will lead to a race to the bottom in terms of human rights protection. In addition to the excellence of the individual contributions, on issues that range from specialisation to contextualisation of human rights law, and from human rights experimentation to strategic choice in human rights litigation, this book comes at the right time. It is a must read.' --Paulo Pinto de Albuquerque, European Court of Human Rights and Catholic University, PortugalTable of ContentsContents: Introduction Saïla Ouald-Chaib 1. Methodologies to study human rights law as an integrated whole from a users’ perspective: lessons learnt Ellen Desmet 2. Understanding International Criminal Law from a Users’ Perspective: Pluralism Due to Contestation, Integration through Collaboration Mathias Holvoet and Paul De Hert 3. Fragmentation, Harmonization and the Users’ Perspective: The Munduruku Peoples’ View on Land and the Developing Standards on Indigenous Peoples’ Land Rights Derek Inman, Stefaan Smis and Edson ‘Krenak’ Dorneles de Andrade 4. Fragmentation/Integration of human rights law - a users’ perspective on the CRPD Barbara Oomen 5. Human Rights Integration in action: making equality law work for trans people in Belgium Emmanuelle Bribosia and Isabelle Rorive 6. Between assimilation and exclusion: is there room for an ‘integrated’ approach towards constitutional and international protection of human rights? Sébastien Van Drooghenbroeck and Olivier Van der Noot 7. Smart Human Rights Integration Eva Brems Index

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Book SynopsisThis Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.Trade Review‘The Research Handbook on Torture is a staggeringly valuable collection of essays that more than satisfies the promise of its title ... how incredibly valuable this book will be to anyone who works on the legal and medical issues that torture generates.’ -- John T. Parry, Criminal Law and Criminal JusticeTable of ContentsContents: 1. Addressing Torture: An Introduction Malcolm Evans and Jens Modvig 2. The Ticking Bomb Scenario: Evaluating Torture as an Interrogation Method Michelle Farrell 3. Effective Torture Prevention Richard Carver and Lisa Handley 4. Fragility, States and Torture Tobias Kelly, Steffen Jensen and Morten Koch Andersen 5. An Overview of International Protection Moritz Birk and Manfred Nowak 6. Torture and ill treatment: The United Nations Human Rights Committee Christof Heyns, Carmen Rueda and Daniel du Plessis 7. The Committee Against Torture: Implementing the Prohibition against Torture Felice Gaer 8. The Mandate of the Special Rapporteur on Torture: Role, Contributions, and Impact Juan E. Méndez and Andra Nicolescu 9. The Council of Europe and the European System Christine Bicknell 10. The prohibition of torture and cruel, inhuman or degrading treatment or punishment in the Inter-American Human Rights System: Systems, Methods and Recent Trends Diego Rodríguez-Pinzón 11. Ensuring Freedom from Torture under the African Human Rights System Lawrence Murugu Mute 12. The Prevention of Torture Malcolm D Evans 13. International Law, Crime and Torture Robert Cryer 14. The use of information obtained by torture or other ill-treatment Matt Pollard 15. Torture and Non Refoulement Carla Ferstman 16. Universal and Extraterritorial Jurisdiction for Torture Lutz Oette 17. Foreign State Immunities as a Barrier to Accessing Remedies Lorna McGregor 18. Torture and International Medical Ethics Standards Vivienne Nathanson 19. Torture Methods and their Health Impact José Quiroga and Jens Modvig 20. Psychological Torture Pau Pérez-Sales 21. Medico-Legal Documentation of Torture and Ill Treatment Vincent Iacopino 22. Rehabilitation in Article 14 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Nora Sveaass, Felice Gaer, and Claudio Grossman 23. Psychological care for torture survivors, their families and communities Nimisha Patel 24. Treating pain after torture Kirstine Amris, Lester E Jones and Amanda Williams 25. Perspectives: A Series of Reflections on the Current Realities of Torture and Ill-Treatment (A) Torture in the 21st Century: 3 stories, 3 lessons Yuval Ginbar (B) Torture Today Tom Porteous (C) Some Reflections on Torture Prevention Barbara Bernath Index

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Book SynopsisThis edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law.After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention.This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.Trade Review'Childhood obesity is a hugely serious human rights problem. The contributions to this volume engage in a thoughtful and thought-provoking way with the topic. In doing so, they focus on the potential - and limitations - of law as part of a multisectoral, multi-level human rights-based response to childhood obesity as a human, health social, economic, ecological, development and legal challenge. The contributions address key sub-disciplines of law, particularly international economic law to international human rights law, in order to demonstrate their respective relevance with regard to efforts to address childhood obesity.' -- Aoife Nolan, University of Nottingham, UK'To my fellow economists, this book will provide a stimulating approach to childhood obesity policies. The key underlying idea - a brilliant one - is to reconsider these policies in the light of the legal corpus governing children's protection and their right to health. The book then mixes conceptual analyses and case studies to propose a precise and pragmatic vision of the legal issues raised by the regulation of food markets, in particular the compatibility of national policies with international trade rules. A must-read for anyone interested in why and how the latest economic analyses play a crucial role in contemporary debates on the legitimacy and legal feasibility of public health policies!' -- Fabrice Etile, Paris School of Economics and INRAE, France'This book is a unique and new contribution to the now extensive policy-related work on ending childhood obesity. The authors take a human rights approach to this very pressing and important problem arguing persuasively that the law can and should be mobilised against it. The major targets for such intervention are food and other multinational corporations, whose practices come under close scrutiny. This volume is an essential read and resource for policy makers involved in health matters and for all who are involved in childhood obesity intervention.' -- Stanley Ulijaszek, University of Oxford, UK'Ending Childhood Obesity is an authoritative source that advances the case for a greater role of law in tackling the root causes of obesity as a public health emergency within the current global food environment. It is a must read for all those who are engaged - be they public health professionals, policymakers or health advocates - in combating NCDs both locally and globally.' -- Alberto Alemanno, HEC Paris, FranceTable of ContentsContents: 1 Ending childhood obesity: Introducing the issues and the legal challenge 1 Amandine Garde, Joshua Curtis and Olivier De Schutter PART I HUMAN RIGHTS APPROACH TO CHILDHOOD OBESITY PREVENTION 2 International human rights and childhood obesity prevention 30 Sarah A Roache and Oscar A Cabrera 3 The child’s right to health as a tool to end childhood obesity 57 Katharina Ó Cathaoir and Mette Hartlev 4 Human rights, childhood obesity and health inequalities 86 Marine Friant-Perrot and Nikhil Gokani PART II UTILISING THE SPACE AVAILABLE FOR REGULATORY MEASURES UNDER INTERNATONAL ECONOMIC LAW 5 Sugar as commodity or health risk: The unmaking or remaking of international trade law? 112 Gregory Messenger 6 Using food labelling laws to combat childhood obesity: Lessons from the EU, the WTO and Codex 138 Caoimhín MacMaoláin 7 Investment protection agreements, regulatory chill, and national measures on childhood obesity prevention 161 Mavluda Sattorova 8 International trade and childhood obesity: A Caribbean perspective 185 Nicole Foster PART III ADDITIONAL TOOLS AVAILABLE UNDER HUMAN RIGHTS LAW 9 Can the United Nations system be mobilized to promote human rights-based approaches in preventing and ending childhood obesity? 219 Wenche Barth Eide and Asbjørn Eide 10 Combatting obesogenic commercial practices through the implementation of the best interests of the child principle 251 Amandine Garde and Seamus Byrne 11 Multinational food corporations and the right to health: Achieving accountability through mandatory human rights due diligence? 282 Oliver Bartlett 12 Bridging governance gaps with extraterritorial human rights obligations: Accessing home State courts to end childhood obesity 309 Joshua Curtis 13 Overcoming the legal challenge to end childhood obesity: Pathways towards positive harmonization in law and governance 339 Joshua Curtis and Amandine Garde Index 370

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

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Book SynopsisThis ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising for Indigenous peoples. Offering readers an engaging review of ongoing lawmaking, adoption and implementation processes from both a global and regional perspective, it also investigates the important elements of Indigenous rights and economic issues, including trade, investment and economic growth. Furthermore, it offers timely coverage of environmental rights, land and natural resources. This essential Handbook will provide a useful discussion point for practitioners on Indigenous rights developments and scholars looking for an innovative approach on cutting-edge issues. Policymakers wanting to understand the major issues with the implementation of the UN Declaration on the Rights of Indigenous People (UNDRIP) will also find this invaluable.Trade Review‘This Research Handbook not only examines key issues concerning the origins, content and purpose of the international Indigenous rights regime but also explores less obvious themes such as the question of collective religious rights and the intersections between Indigenous rights and the rights of other ethno-cultural groups. The volume attaches special importance to the economic dimension of Indigenous peoples’ rights, featuring a number of chapters focused on the timely questions of trade, investment and economic growth. This edited collection is a welcome addition to the literature and represents an important resource for the continued study of the international law of Indigenous peoples’ rights.’ -- Mauro Barelli, City, University of London, UK‘The Research Handbook on the International Law of Indigenous Rights provides a comprehensive account of Indigenous peoples in international law from orthodox, critical, realist, practical, interdisciplinary and aspirational perspectives. The breadth of topics covered, especially those less-examined in existing literature, as well as the inclusion of both well-established commentators with emerging scholars from around the globe, reflects the originality of this contribution and is to be highly commended.’ -- Claire Charters, University of Auckland, New ZealandTable of ContentsContents: Preface xiv Note to readers on capitalization of Indigenous xv PART I INTRODUCTION 1 Internationalization of the law of Indigenous rights 2 Dwight Newman PART II ONGOING LAWMAKING ON INDIGENOUS RIGHTS IN GLOBAL AND REGIONAL CONTEXTS 2 Regional Indigenous rights and the (dis)contents of translation: a view from Latin America 10 Lucas Lixinski 3 The American Declaration on the Rights of Indigenous Peoples: the law-making, adoption and implementation processes 25 Leonardo A. Crippa 4 The emergence and evolution of the global Indigenous rights movement 43 Ken Coates and Carin Holroyd 5 Evaluation of Indigenous peoples’ influence during the drafting process of UNDRIP 56 Lola Ayotunde PART III INDIGENOUS SELF-DETERMINATION, PARTICIPATORY RIGHTS, AND NATURAL RESOURCES 6 Self-determination rights 75 Alexandra Xanthaki 7 Free prior and informed consent and Indigenous rights: a bulwark against discrimination and platform for self-determination 96 Cathal Doyle 8 Indigenous resource rights at their core (and what these are not) 129 Mattias Åhrén PART IV INDIGENOUS LAND, RESOURCE, AND ENVIRONMENTAL RIGHTS 9 Indigenous peoples’ right to self-determination and the principle of state sovereignty over natural resources: a human rights approach and its constructive ambiguity 148 Dorothée Cambou 10 Indigenous peoples’ environmental human rights – from objects of protection towards stewardship: assessment of current international standards 169 Leena Heinämäki 11 Indigenous participation in resource development: the promise and limitations of international safeguards 202 George K. Foster 12 Models of Indigenous territorial control in common law countries: a functional comparison 226 Malcolm Lavoie PART V INDIGENOUS RIGHTS, INVESTMENT, TRADE, AND ECONOMIC GROWTH 13 Indigenous peoples in international investment law: a TWAIL/UNDRIP reading 256 Ibironke T. Odumosu-Ayanu 14 Indigenous rights and trade: the USMCA and contemporary issues 280 Shannon Hale 15 Participation of Indigenous peoples in global economic activity 308 Ken Coates and Carin Holroyd PART VI INDIGENOUS CULTURAL HERITAGE, INTELLECTUAL PROPERTY RIGHTS, AND RELIGIOUS FREEDOM 16 Indigenous cultural heritage and international law 332 Federico Lenzerini 17 Indigenous peoples’ rights in equitable benefit-sharing over genetic resources: digital sequence information (DSI) and a new technological landscape 354 Chidi Oguamanam 18 Indigenous religious freedom in international law: a discussion of the potential of Articles 12 and 25 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 376 Adrienne Tessier PART VII COMPLEXITIES OF INDIGENOUS PEOPLES, PLACES, AND IDENTITIES 19 Fiji and the UN Declaration on the Rights of Indigenous Peoples: indigeneity and the right to self-determination in a majority-Indigenous context 397 Dominic O’Sullivan 20 Transboundary rights and indigenous peoples between two or more states 413 Harum Mukhayer 21 Definitional complexities and the boundaries of the concept of Indigenous peoples 438 Nnaemeka Ezeani and Dwight Newman Appendix 459 Index 492

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Book SynopsisImportant new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption. Public procurement accounts for a significant share of the global economy, and nearly 30% of government expenditure across OECD countries. But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights.Through legal analysis and practice-focused case studies, the expert contributors interrogate the role and potential of public procurement as a driver for responsible business conduct. Highlighting the character of public procurement as an interface for multiple normative regimes and competing policies, the book advances a compelling case for a shift to a new paradigm of sustainable procurement that embraces human rights as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.Topical and thought-provoking, Public Procurement and Human Rights will be an essential read for academics and students of human rights law, public procurement law, and business and human rights, as well as practitioners in public procurement and sustainability, and government officials.Contributors include: B.S. Claeson, E. Conlon, C. Emberson, P. Göthberg, O. Martin-Ortega, A. Marx, C. Methven O'Brien, C. Nicholas, O. Outhwaite, G. Quinot, D. Russo, A. Sanchez-Graells, J. Sinclair, R. Stumberg, A. Trautrims, N. Vander Meulen, S. Williams-ElegbeTrade Review'Olga Martin-Ortega and Claire Methven O’Brien have edited an important book that centres the human rights questions arising from public procurement processes. The 14 chapters in Martin-Ortega and O’Brien’s edited book fill an important gap by undertaking an incisive and insightful analysis of the human rights implications of public procurement processes from a cross-disciplinary perspective.' -- Olabisi D Akinkugbe, Business and Human Rights Journal‘Olga Martin-Ortega and Claire Methven O’Brien have collected the most sophisticated legal analyses of the different issues faced when considering human rights in buying procedures as they arise in different legal environments. They have included deeply thought through case studies on actual practices already at work in most relevant sectors such as electronics and apparel. This book will enlighten academics and policy-makers and help practitioners. Overall, it is conveying a very important message: human rights must be taken seriously in public procurement procedures!’ -- Roberto Caranta, University of Turin, ItalyTable of ContentsContents: Editors’ preface PART I INTRODUCTION 1. Public procurement and human rights: interrogating the role of the state as buyer Olga Martin-Ortega and Claire Methven O’Brien PART II FRAMEWORKS AND ACTORS 2. Human rights and national procurement rules in the World Trade Organization Agreement on Government Procurement Opi Outhwaite 3. Human rights in the context of public procurements financed by the World Bank Sope Williams-Elegbe 4. The human rights responsibilities of international organizations as procuring authorities Deborah Russo 5. Constitutionalising public procurement through human rights: lessons from South Africa Geo Quinot 6. Public procurement and ‘core’ human rights: a sketch of the European Union legal framework Albert Sanchez-Graells 7. Civil liability for abuses of ILO core labour rights in European Union government supply chains: Ireland as a case study Eamonn Conlon 8. Public procurement and human rights: current role and potential of voluntary sustainability standards Axel Marx PART III OPPORTUNITIES AND CHALLENGES: INSIGHTS FROM PRACTICE 9. Outsourcing and bonded labour in military and diplomatic security services James Sinclair 10. Public procurement and human rights in the healthcare sector: the Swedish county councils’ collaborative model Pauline Göthberg 11. Public procurement and modern slavery risks in the English adult social care sector Caroline Emberson and Alexander Trautrims 12. Making rights effective in public procurement supply chains: lessons from the electronics sector Björn Skorpen Claeson 13. Supply chain transparency in public procurement: lessons from the apparel sector Robert Stumberg and Nicole Vander Meulen PART IV CONCLUSION 14 Public procurement and human rights: towards legal and policy coherence in pursuit of sustainable market economies Claire Methven O’Brien and Olga Martin-Ortega Index

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Book SynopsisWith this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe.These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.Trade Review'A tireless and fearless human rights defender, personally acquainted with every aspect of the available UN and regional systems, let alone the American institutions, Professor Connie de la Vega gives here one more proof of her lifelong dedication to the cause. This wide-ranging guide to the international and regional organs and mechanisms, now so numerous as to form a maze difficult to penetrate, goes far beyond a description of their components. It teaches NGOs and other civil society actors how to make proper use of the different instances, bodies and procedures, with advice on how to choose and put to use those that may best serve one's endeavour. Clear knowledge of options available is, therefore, the first need to be fulfilled in order to avoid pitfalls and obstacles. This guide is certainly a most welcome contribution to all of those who still believe that universal human rights are now the only hope for social progress in a world where dominant politics seems determined to move backwards.' --José Lindgren-Alves, Member of the Advisory Committee to the UN Human Rights Council and former member of CERD, Brazil'International human rights and international criminal law procedures for upholding the rights of victims represent a great breakthrough in theory, but they are of limited utility unless they are accessible to, and can be used effectively by, the victims and civil society advocates. This book is an invaluable guide to the complexities of these procedures and how they can be used to bring real change.' --Philip Alston, New York University, School of Law, US and UN Special Rapporteur on extreme poverty and human rights'This is a wonderfully practical and straightforward guide for victims and those representing them on how to make international human rights bodies actually work. It explains in clear, accessible language how to get your issue or case before the UN, regional human rights bodies and the International Criminal Court, and what you can expect when you do so. The book fills the gap between theory and implementation nicely, and should be the go-to handbook for those doing human rights work to carry with them wherever they go.' --Naomi Roht-Arriaza, Hastings College of the Law, USTable of ContentsContents Introduction 1. International Human Rights Procedures 2. Regional Human Rights System 3. Advocacy at the International Criminal Court Conclusion Index

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Book SynopsisWith this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe.These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.Trade Review'A tireless and fearless human rights defender, personally acquainted with every aspect of the available UN and regional systems, let alone the American institutions, Professor Connie de la Vega gives here one more proof of her lifelong dedication to the cause. This wide-ranging guide to the international and regional organs and mechanisms, now so numerous as to form a maze difficult to penetrate, goes far beyond a description of their components. It teaches NGOs and other civil society actors how to make proper use of the different instances, bodies and procedures, with advice on how to choose and put to use those that may best serve one's endeavour. Clear knowledge of options available is, therefore, the first need to be fulfilled in order to avoid pitfalls and obstacles. This guide is certainly a most welcome contribution to all of those who still believe that universal human rights are now the only hope for social progress in a world where dominant politics seems determined to move backwards.' --José Lindgren-Alves, Member of the Advisory Committee to the UN Human Rights Council and former member of CERD, Brazil'International human rights and international criminal law procedures for upholding the rights of victims represent a great breakthrough in theory, but they are of limited utility unless they are accessible to, and can be used effectively by, the victims and civil society advocates. This book is an invaluable guide to the complexities of these procedures and how they can be used to bring real change.' --Philip Alston, New York University, School of Law, US and UN Special Rapporteur on extreme poverty and human rights'This is a wonderfully practical and straightforward guide for victims and those representing them on how to make international human rights bodies actually work. It explains in clear, accessible language how to get your issue or case before the UN, regional human rights bodies and the International Criminal Court, and what you can expect when you do so. The book fills the gap between theory and implementation nicely, and should be the go-to handbook for those doing human rights work to carry with them wherever they go.' --Naomi Roht-Arriaza, Hastings College of the Law, USTable of ContentsContents Introduction 1. International Human Rights Procedures 2. Regional Human Rights System 3. Advocacy at the International Criminal Court Conclusion Index

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Book SynopsisThis unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.Trade Review'This book is pioneering in empirically documenting how human rights accountability of outsourced bilateral development and export credit agencies is taking shape. It also offers a robust forward-looking legal analysis of what accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings should look like, drawing on concepts of state and corporate responsibility.' --Wouter Vandenhole, University of Antwerp, BelgiumTable of ContentsContents: Introduction Part I: Setting the scene 1. Human rights in development cooperation 2. Human rights in official export credits Part II: Human rights responsibilities for development and export credit agencies’ conduct 3. Host state responsibility 4. Home state responsibility 5. Corporate responsibility Part III: Conclusions and recommendations 6. Conclusions 7. Recommendations Bibliography Index

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Book SynopsisThis comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.Taking an interdisciplinary approach, the Research Handbook explores the legal and political considerations that shape compliance, using a combination of both international and comparative law analysis in the assessment of regional human rights regimes. Chapters written by leading scholars and practitioners from around the globe cover a wide range of jurisdictions from Europe, Latin America and Africa and their interactions with regional human rights courts. The Research Handbook also discusses the limits of, and possible alternatives to, compliance as a framework for analysis, offering a fuller understanding of the effectiveness of international human rights law.Scholars, students and practitioners of public international law, international human rights law and comparative law will find this Research Handbook an invaluable resource. It will also benefit officials and lawyers working with international organisations who deal with human rights issues on a regular basis.Trade Review‘This Research Handbook offers a paradigmatic shift towards understanding compliance through the lenses of social impact. A precise and novel examination of forms of non-compliance and contested international human rights norms leads to a broader analytical framework on processes of transformation. In particular, the compelling comparative review of emerging interactions between the three international human rights courts offers an exceptional account of a dialogical international human rights protection. This book is a guide for future research and a renewed understanding of compliance.’ -- Eduardo Ferrer Mac-Gregor, Judge of the Inter-American Court of Human Rights‘This wide-ranging Research Handbook touches on the many facets of compliance across the world’s main human rights systems, with special attention to the roles played by different actors: local and transnational civil society, international organizations, and the many different levels of actors within the state. With a rich array of country studies alongside system-level analyses, it is an essential and thought-provoking resource for human rights scholars and practitioners. It will also be of interest to those interested in the impact of international law and organizations more generally. Ultimately, compliance to human rights judgments and resolutions is a complex and all-too-human political process. This Research Handbook beautifully captures its messiness as well as its potential.’ -- Alexandra Huneeus, University of Wisconsin-Madison, US‘This Handbook provides a fresh look at non-compliance in international human rights law. It is indispensable for all those who want to understand the problems underlying non-compliance, the dynamics of the different actors involved, and the range of options available for tackling non-implementation. The book’s key features include its stringent structure, its well-elaborated comparative approach, and its thought-provoking ideas for combatting neglectful state attitudes. This book sets a new standard for the state of the art in compliance research.’ -- Helen Keller, University of Zurich, Switzerland and former Judge of the European Court of Human RightsTable of ContentsContents: Preface xiii List of abbreviations xiv 1 Compliance in international human rights law: issues, concept, methodology 1 Rainer Grote, Mariela Morales Antoniazzi and Davide Paris PART I EUROPE 2 Securing the survival of the system: the legal and institutional architecture to supervise compliance with the ECtHR’s judgments 12 Raffaela Kunz 3 The ECHR as a constitutional rights catalogue: compliance in Austria 42 Christina Binder and Philipp Janig 4 Compliance in France: a ‘dialogue without words’ 58 Laurence Burgorgue-Larsen 5 Under the watchful eyes of the Federal Constitutional Court: compliance in Germany 75 Nicola Wenzel 6 The chances of observing human rights in an illiberal state: diagnosis of Hungary 95 Eszter Polgári and Boldizsár Nagy 7 Changing me softly? Actors, tools and techniques of international human rights compliance in Italy 121 Giorgio Repetto 8 Assessing Russia’s responses to judgments of the European Court of Human Rights: from (non)-compliance to defiance 136 Ausra Padskocimaite 9 The ‘indirect constitutionalization’ of international human rights law in Spain 183 Encarna Carmona Cuenca and Sara Turturro Pérez de los Cobos 10 Compliance in the UK in the ‘age of subsidiarity’ 202 Alice Donald PART II LATIN AMERICA 11 Compliance as transformation: the Inter-American System of Human Rights and its impact(s) 225 Rene Urueña 12 Argentina: strong linkage between IHRL and domestic law 248 Laura Clérico and Celeste Novelli 13 A multi-level process: compliance with international human rights law in Brazil 272 Flávia Piovesan and Julia Cortez da Cunha Cruz 14 Chile: compliance after ‘kind’ reminders 289 Judith Schönsteiner and Marcela Zúñiga 15 Compliance with international human rights obligations in Colombia: assessing the normative evolution and practical challenges 313 Juana Acosta-López and Giovanny Vega-Barbosa 16 Reparation without access to justice: the incomplete compliance with the judgments of the Inter-American Court of Human Rights in Mexico 329 Guillermo E. Estrada Adán and Patricia Cruz Marín 17 Venezuela: from the structural non-compliance with judgments of the IACtHR to the denunciation of the ACHR and the OAS Charter (a pending matter for a future democratic state) 346 Carlos Ayala Corao PART III AFRICA 18 Forging a credible African system of human rights protection by overcoming state resistance and institutional weakness: compliance at a crossroads 362 Frans Viljoen 19 Compliance with international human rights decisions in Cameroon: mechanisms in place but a lack of transparency 391 Debra Long 20 A pick and pay approach: Burkina Faso’s compliance with international human rights law 407 Kounkinè Augustin Somé PART IV THE UN HUMAN RIGHTS SYSTEM – THE CASE OF THE ICCPR 21 Compliance monitoring under the International Covenant on Civil and Political Rights 425 Anja Seibert-Fohr and Christine Weniger PART V CROSS-CUTTING ISSUES 22 A dialogue with the deaf? The political branches as compliance partners 449 Rainer Grote 23 Judicial compliance in the regional human rights systems 465 Davide Paris 24 NGOs: A critical link to understanding and strengthening compliance of international decisions 484 Mariela Morales Antoniazzi and Viviana Krsticevic 25 Conclusion: moving beyond compliance without neglecting compliance in international human rights law 509 Rainer Grote, Mariela Morales Antoniazzi and Davide Paris Index

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Book SynopsisFor several decades, social rights lacked proper recognition in international law, being qualified as aspirational goals rather than rights, and therefore not enjoying the same level of protection or status as other human rights. This comprehensive Research Handbook provides a comparative overview of the history, nature and current status of social rights at the universal and regional level. Tracing their evolution from rather modest beginnings, to becoming the category of rights responding most accurately to the 21st century's policy objectives of poverty eradication and equitable resource allocation, this Research Handbook assesses the mechanisms used to enhance the implementation and enforcement of social rights. Offering in-depth discussion of current debates in the field of social rights and international law, expert contributors analyse the ability of these rights to act as a tool to fight inequality, as well as to protect and ensure diversity. In so doing, they examine how social rights now play a central role in the shift from a state-centred to a value-based global order. This Research Handbook will be a useful resource for students and academics working on social rights in international human rights law and other fields of public international law. It will also be of value to lawyers, NGOs and state officials concerned with the enforcement and implementation of social rights. Contributors include: V. Bílková, C. Binder, J.P. Bohoslavsky, D.M. Chirwa, A. Constantinides, J. Cortez da Cunha Cruz, E. De Brabandere, M. de Carvalho Hernandez, E. Dermine, M. Dobri , E. Ferrer Mac-Gregor, M. Goldmann, M. Góngora-Mera, J.A. Hofbauer, D. Ikawa, P. Janig, Z. K dzia, A. Kendrick, T. Kleinlein, E. López-Jacoiste, K. Lukas, S. McInerney-Lankford, A. Mkhonza, M. Morales Antoniazzi, A. Müller, Y. Negishi, M. Nowak, K. Olaniyan, L.C. Pautassi, F. Piovesan, E. Schmid, J. Schönsteiner, F. Seatzu, A. Úbeda de Torre, F. Viljoen, R. Wilde, I.T. WinklerTrade Review'Economic and social rights have for a long time been the wallflowers in international human rights. Fortunately, this seems to be changing. We witness increasing acceptance of social rights as genuine human rights, albeit demanding an open mind, and overcoming many obstacles, in making them effective. Legal and social science literature driving this has grown remarkably in recent years. The Research Handbook now succeeds in integrating these new streams of thinking in a comprehensive, complete and compact way. It is the most efficient and up-to-date tool to acquaint us with the state of the field. As a veteran of the UN efforts to have international social rights taken seriously, I applaud its editors and authors on an achievement that is both academically respectable and useful in practice.' --Bruno Simma, University of Michigan, US and Former Member of the UN Committee on Economic, Social and Cultural Rights'This Research Handbook, written by recognized experts, presents a timely and much-needed appraisal of the theory and recent practice of social rights in international law. It examines carefully the general aspects of international law and social rights, followed by in-depth studies of universal and regional analyses of the protection of social rights. The Handbook concludes with a series of lucidly written chapters showing the inter-linkages with other international regimes.' --Eibe Riedel, University of Mannheim, GermanyTable of ContentsContents: Introduction: International Law and Social Rights Christina Binder, Jane A Hofbauer, Flávia Piovesan, Amaya Úbeda de Torres Part 1 General Aspects of International Law and Social Rights 1. Social Rights in International Law: Categorizations versus Indivisibility Manfred Nowak 2. The Nature of Social Rights as Obligations of International Law – Resource Availability, Progressive Realization and the Obligations to Respect, Protect, Fulfil Veronika Bílková 3. Justiciability and Social Rights Amaya Úbeda de Torres 4. Pursuing Global Socio-Economic, Colonial and Environmental Justice through Economic Redistribution: The Potential Significance of Human Rights Treaty Obligations Ralph Wilde Part 2 The Protection of Social Rights in International Human Rights Law A. Universal Protection 5. Social Rights Protection in the ICESCR and its Optional Protocol – The Role of the Committee on Economic, Social and Cultural Rights Zdzisław (Dzidek) Kędzia 6. Social Rights Protection through Core International Human Rights Treaties beyond the ICESCR Thomas Kleinlein B. Regional Protection 7. The European Social Charter Karin Lukas 8. Social Rights in the Jurisprudence of the European Court of Human Rights Eugenia López-Jacoiste 9. The Protection of Social Rights by the Inter-American Commission on Human Rights Rights Flávia Piovesan, Mariela Morales Antoniazzi, Julia Cortez da Cunha Cruz 10. Social Rights in the Jurisprudence of the Inter-American Court of Human Rights Eduardo Ferrer Mac-Gregor 11. Social Rights in the African System for the Protection and Promotion of Human and Peoples’ Rights Frans Viljoen C. Social Rights as a Tool to Fight Inequality and to Protect and Ensure Diversity 12. The Social Rights of African Descendants, with Focus on the Americas Manuel Góngora-Mera 13. Social Rights as Persons with Disabilities’ Rights Francesco Seatzu 14. Stateless Persons and Social Rights Marija Dobrić, Philipp Janig 15. Social Rights of Minorities Aris Constantinides Part 3 The Implementation and Enforcement of Social Rights 16. Monitoring the Implementation of Social Rights through Indicators with Special Focus on the Inter-American Level Laura C Pautassi 17. The Role of Domestic Actors in the Implementation and Enforcement of Social Rights Andreas Th Müller 18. The Role of Civil Society Organizations in the Protection of Social Rights Daniela Ikawa 19. The Proceduralization of Social Rights: Access to Information, Justice and Remedies Yota Negishi Part 4 Crisis and Social Rights / Challenges to Social Rights 20. Austerity Measures and Women’s Social and Economic Rights: We Need to Look Deeper Abby Kendrick, Juan Pablo Bohoslavsky 21. Corporations and Social Rights Judith Schönsteiner 22. The Implications of Corruption on Social Rights Kolawole Olaniyan 23. Social Rights Adjudication and the Future of the Welfare State Elise Dermine 24. Social Rights in Armed Conflict Situations Amrei Müller Part 5 Social Rights in Perspective: Interlinkages with Other International Regimes 25. International Investment Law and Social Rights: Interactions and Encounters Eric De Brabandere 26. Financial Institutions and Social Rights: From Foes to Friends? Matthias Goldmann 27. Social Rights and the Sustainable Development Goals Inga T Winkler, Matheus de Carvalho Hernandez 28. The Environment and Social Rights Danwood Mzikenge Chirwa, Amanda ZT Mkhonza 29. Climate Change and Social Rights: Perspectives on Legal Obligations Siobhán McInerney-Lankford 30. International Criminal Law and Social Rights Evelyne Schmid Index

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

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

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Book SynopsisThis multi-disciplinary book addresses the ever-expanding notion of human rights within the 21st century. By analyzing the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability, Brysk and Stohl assess the potential and limitations of global reforms. Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility. This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign.Contributors include: J. Alley, C. Apodaca, P. Ayoub, M. Baer, A. Brysk, S. Hertel, R. Howard-Hassmann, V. Hudson, F.G. Isa, H. Jo, W. Sandholtz, C. Stohl, M. Stohl, K. TsutsuiTrade Review'Rather than focus on states, international and regional organizations, and major nongovernmental organizations, this volume looks more to the edges and margins of the struggle for human rights. An excellent group of authors offer a diverse but coherent set of perspectives on how new actors, new claims, and new responsibilities are (and in a few cases are not) expanding the meaning and range of human rights in order to make human rights a more effective tool in a greater range of struggles for social justice.' --Jack Donnelly, University of Denver, US'This volume brings together first-rate, novel approaches to the myriad of changes and challenges operative in human rights practice unfolding in diverse thematic and geographic arenas. By pushing scholars to expand the parameters of their focus and guiding queries, and to attend more to process and leverage in normative change about rights, it enriches our scholarship significantly. And it presents the reader with an ongoing agenda for both disciplinary and multidisciplinary human rights research in the future.' --George A. Lopez, University of Notre Dame, US'A prevalent view holds that internationally recognized human rights are currently much violated, hence one should institute a moratorium on new rights claims until existing norms become more effective. By comparison, in this volume Brysk, Stohl, and their colleagues argue mostly for new perspectives, new rights, and new or newly invigorated procedures for implementation. At the same time some authors here continue to emphasize the power of the repressive state to block progress. The resulting mix of views provides a stimulating commentary on human rights in our times.' --David P. Forsythe, University of Nebraska, USTable of ContentsContents: PART I Introduction 1. Expanding Human Rights Alison Brysk PART II Expanding Actors 2. A Struggle for Recognition and Rights: Expanding LGBT Activism Philip M. Ayoub 3. How Do Global Human Rights Expand? A Case of Japan’s Burakumin Going Global Kiyoteru Tsutsui 4. Indigenous Peoples: From Objects Of Protection To Subjects Of Rights Felipe Gómez Isa PART III Expanding Claims 5. Expanding Rights: New Frames For Violence Against Women Alison Brysk 6. The Human Right to Water and Sanitation: Champions and Challengers in the Fight for New Rights Acceptance Madeline Baer 7. Human Rights and Corporate Social Responsibility Michael Stohl and Cynthia Stohl PART IV Expanding Mechanisms 8. Forging Alternative Routes to Norms Change: Economic Rights Protagonists Shareen Hertel 9. Expanding Rights: Norm Innovation in the European and Inter-American Courts Wayne Sandholtz 10. Feminist Foreign Policy as State-Led Expansion of Human Rights Valerie M. Hudson PART V Expanding Responsibilities 11. Janus-faced: Rebel Groups and Human Rights Responsibility Hyeran Jo and Joshua Alley 12. Expanding Responsibilities: The Consequences of World Bank and IMF Policies on Child Welfare Clair Apodaca 13. Human Rights Contraction: Sovereignty and Denial of the Right to Food Rhoda E. Howard-Hassmann PART VI Conclusion 14. Conclusions on Norms, Institutions and Processes Michael Stohl Index

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Book SynopsisThis exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights. Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and/or create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s. This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for advocates, scholars and students interested in international human rights as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights. Contributors include: R. Balakrishnan, J. Bourke-Martignoni, M.V. Bras Gomes, L. Chenwi, J. Chowdhury, A. Corkery, C. de Albuquerque, K. Donald, J. Dugard, S. Gloppen, M. Gomez, J. Heintz, D. Ikawa, V. Krsticevic, C. O'Cinneide, K. Paterson, B. Porter, V. Roaf, I. Saiz, M. Sepúlveda, C. Vallejo, F. Veriava, S. Wilson, A.E. YaminTrade Review‘This welcome volume provides a useful, and thoughtful, resource for human rights scholars, students and practitioners of economic, social and cultural rights.’ -- Jessie Hohmann, Australian Journal of Human Rights‘The book addresses the international community as well as all levels of governance. It can complement the teaching of ESCR, offering a great resource and comprehensive overview of the existing legal framework of rights protection. Thus, the book can give new impulses to academic discourse regarding the contemporary challenges emerging from the strategies and approaches to ESCR protection globally, regionally, and domestically.’ -- Effrosyni Bakirtzi, European Journal of Social Security'Contested and marginalized in legal research, the field of economic, social and cultural rights has experienced a bloom in scholarly attention over the past ten years. With contributions by leading scholars and practitioners, this Research Handbook represents an up-to-date and in-depth analysis of the most salient mechanisms, doctrines and cross-cutting issues in the field. It constitutes an indispensable resource for policy-makers, scholars and advocates interested in the contribution of human rights to the eradication of poverty and inequality.' --Professor Sandra Liebenberg, Chair in Human Rights Law, University of Stellenbosch, South AfricaTable of ContentsContents: Introduction to the Research Handbook on Economic, Social and Cultural Rights xviii Bruce Porter, Jackie Dugard, Daniela Ikawa and Lilian Chenwi PART I THE HUMAN RIGHTS FRAMEWORK FOR ESCR 1 The international human rights system 2 Jackie Dugard 2 The International Covenant on Economic, Social and Cultural Rights and the Optional Protocol 14 Daniela Ikawa 3 The African system 28 Lilian Chenwi 4 The European system 49 Colm O’Cinneide 5 The Inter-American System 68 Viviana Krsticevic PART II CONTENT OF THE RIGHTS 6 The right to social security 90 Magdalena Sepúlveda 7 The right to education 114 Faranaaz Veriava and Kate Paterson 8 The right to food 138 Joanna Bourke-Martignoni 9 The right to health 160 Alicia Ely Yamin 10 The right to adequate housing 181 Stuart Wilson 11 The human rights to water and sanitation 203 Catarina de Albuquerque and Virginia Roaf 12 The right to work and rights at work 227 Virginia Brás Gomes PART III CROSS-CUTTING ISSUES 13 Unpacking the minimum core and reasonableness standards 251 Joie Chowdhury 14 Progressive realization using maximum available resources: the accountability challenge 276 Allison Corkery and Ignacio Saiz 15 Interdependence of human rights 302 Bruce Porter 16 Advancing economic and social rights through national human rights institutions: Interdependence of human rights 328 Mario Gomez 17 Economic policy and human rights 351 Radhika Balakrishnan and James Heintz 18 The 2030 Agenda for Sustainable Development: opportunity or threat for economic, social and cultural rights? 367 Kate Donald 19 The climate crisis: litigation and economic, social and cultural rights 387 Siri Gloppen and Catalina Vallejo Index

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Book SynopsisWhile the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons. Scholars in the field of forced migration and law, policy-makers and international agencies will recognize the significance of the author's thorough examination of The Internally Displaced Person in International Law.Trade Review'Our planet counts over 45 million internally displaced persons. Internal displacement is complex and politically fraught, thus often overlooked. Dr Adeola has produced a highly informative compendium of the international, regional and especially - despite scarce sources - national legal regimes of all African countries, which allows for a much clearer picture of the frailty of their legal condition.' --François Crépeau, McGill University, Canada'Everyone looking for a succinct but comprehensive overview of the law relevant for the protection of today's more than 40 million internally displaced persons should turn to this book. The author's focus on regional and African national perspectives is a particularly welcome contribution to the literature in this field.' --Walter Kälin, University of Bern, SwitzerlandTable of ContentsContents: Foreword 1. An Internally Displaced Persons Described 2. Complementary International Legal Protection Regimes 3. The United Nations Guiding Principles On Internal Displacement 4. Regional Approaches To The Protection Of Internally Displaced Persons 5. National Perspectives To The Protection Of Internally Displaced Persons 6. Institutional Protection 7. Conclusion And Recommendations Bibliography Index

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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