Public international law: human rights Books

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Book SynopsisIn English and French

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Book SynopsisIn English and French

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Book SynopsisIn English and French

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Book SynopsisIn English and French

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

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