Public international law: human rights Books

Book SynopsisUnlocking Human Rights will ensure that you grasp the main concepts of this fascinating and dynamic area of law with ease, providing you with an indispensible foundation in the subject. The book explains in detailed, yet straightforward, terms: The nature of human rights European Convention on Human Rights Human Rights Act Right to life Torture, inhuman or degrading treatment or punishment Public order, police powers, freedom of association and assembly Right to a fair trial Freedom of expression Privacy, private life and marriage Right to liberty and security Prohibition of discrimination Terrorism Freedom of thought, conscience and religion Property rights Contemporary themes of UN human rights review of the UK, constitutional reform, and securityThe book provides practical knowledge to help you apply the understanding of these tTrade Review"This book covers all the main topic areas on undergraduate and professional law syllabuses and it provides a full understanding of each with supporting resources from the ‘unlockingthelaw.co.uk’ website which will give the student an indispensable foundation of understanding of the subject." - Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersTable of Contents1. Introductory concepts 2. European Convention on Human Rights 3. Human Rights Act 1998 4. Right to life 5. Torture, inhuman or degrading treatment or punishment 6. Public order, police powers, freedom of association and assembly 7. Fair trial 8. Freedom of expression 9. Privacy, private life and marriage 10. Right to Liberty and Security 11. Prohibition of Discrimination 12. Terrorism 13. Freedom of thought, conscience and religion 14. Property rights 15. Themes

Read more less

Book SynopsisThis book, originally published in 2005, considers the role of corporations within the trading system, including actions of corporations and their motives. The book assesses remedial devices such as Codes of Conduct and Human Rights instruments, seeking reasons for the failure of trade to reduce poverty, and considers the role of companies in globalisation.Trade ReviewReview of the hardback: 'Dine's book will be a valuable resource.' Human Rights QuarterlyTable of ContentsPreface; Table of statutes, agreements, covenants and treaties; Table of cases; List of abbreviation; 1. A global crisis?; 2. Why we are here; 3. The institutional framework; 4. Relationship between Companies and Human Rights Law; 5. Corporate social responsibility; 6. Understanding property rights: companies, states and the duty of international co-operation; Bibliography; Index.

Read more less

Book Synopsis

Read more less

Book SynopsisThis book examines the Colombian experiment with robust rights protections and traces how those rights came to be meaningful in citizens' everyday lives, allowing them to claim access to goods like healthcare. It develops a novel approach to legal mobilization that is both relational and interactive.Trade Review'Taylor's excellent book details how rights, etched into the surface of a society and its politics through inclusion in a constitutional text, slowly begin to sink down and structure interactions among citizens, the relationship between citizens and the state, and the state itself. Using extensive fieldwork and original data from Colombia and South Africa, Taylor shows how legal mobilization moves this process along – a process she describes as the social and legal embedding of the constitution. The book fills an important gap in constitutional studies by addressing the transition from rights on paper to rights in action.' Daniel M. Brinks, University of Texas at Austin'The Social Constitution describes the process through which social rights transit from the constitutional text to the core of the normative and empirical expectations of regular citizens, judges, and sociopolitical actors. Cycles of legal claim-making and judicial receptivity to demands of healthcare or housing breathe life into constitutional rights, progressively weaving the social fabric. Because the success of these processes is contingent and by no means assured, The Social Constitution insightfully identifies the conditions that make it more likely. Combining clear conceptualization, straightforward arguments, and careful in-depth empirical analysis on Colombia, Whitney Taylor's book is an outstanding contribution to one of the fundamental issues in constitutional theory, judicial politics, and sociolegal analysis.' Julio Ríos-Figueroa, ITAM (Mexico City)'The Social Constitution is a brilliant, important contribution to the scholarship on legal mobilization, institutional innovation, and social change. Professor Taylor offers a theoretically sophisticated argument analyzing legal arrangements that are practical, democratic alternatives to neoliberalism in and beyond the Global South. The project is anchored in compelling bottom-up empirical research attentive to both the positive possibilities and vexing constraints of embedded law for advancing social justice. Highly recommended!' Michael McCann, University of Washington'Whitney Taylor is emerging as a leading thinker in a new wave of scholarship on law and courts. In The Social Constitution, she draws on a wealth of data to carefully unpack the social and legal dimensions of the embedding of social constitutional rights. Moving beyond the field's traditional focus on countries in the Global North and an emphasis on civil and political rights, Taylor sheds new light on how and why constitutions matter.' Lisa Vanhala, University College London'In this uncommonly elegant book, Whitney Taylor single-handedly reframes our understanding of the social welfare promises found in many of the world's constitutions, showing with rich and subtle data that rights to healthcare, housing, clean water, and so much more have the potential to become real in the lives of ordinary people when supported from below by ongoing litigation, and from above by receptive judicial rulings. A compelling analysis, brimming with important ideas, and powerfully supported with a range of evidence.' Charles Epp, The University of KansasTable of Contents1. Introduction: the social constitution; 2. Constitutional embedding through legal mobilization; 3. Expectations and transformations of Colombian constitutional law; 4. Social embedding; 5. Legal embedding; 6. Challenges to embedding: legal legibility; 7. Challenges to embedding: power struggles; 8. Challenges to embedding: workload; 9. Partial constitutional embedding: the case of South Africa; 10. Conclusion. Social constitutionalism and the politics of rights; Appendix: interviewees.

Read more less

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

Read more less

Book SynopsisThis book examines the concept of witness protection which is still at an early developmental stage in several African countries including Nigeria, from a legal and institutional perspective. Recent developments in Nigeria highlight the need to clarify legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, the book illustrates some obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. Specifically, this book draws from the existing literature and practices of witness protection and adopts two distinct perspectives: the criminal justice perspectives and human rights perspectives as heuristic tools for analysing the concept and to separate the disparate influences that shape how it is construed. These distinctions are utilised throughout the book as an integrated way of conceptualising the concept of witness protection. By discussing the practice of witness protection within the Nigerian context, the book contributes to African conversations on the topic of witness protection. The clarifications made in this book are utilised in making normative proposals for developing a legal framework for witness protection in Nigeria. They are also useful for other African countries interested in developing a witness protection framework as part of criminal justice reform. This book will serve as a reference point for legal scholars, researchers, academics, (postgraduate) students and policy makers interested in the concept of witness protection. It would also be useful for courses âconcerned with comparative criminology where there is an interest in developments in the Global South.â

Read more less

Book SynopsisThis book analyzes how over the last two decades, immigration regimes in three primary refugee-receiving states in the Global North â Canada, Australia, and the United Kingdom â have engaged with allegations about witchcraft-driven violence made by asylum seekers coming from Anglophone countries across the African continent.The work intervenes at the nexus of anthropological, historical, legal, developmental, and human rights literatures to offer fresh insights into extrajudicial violence and global migration. Taking witchcraft-based asylum cases as its focal point, it argues that the recent dramatic expansion in claims to refugee protection under the âparticular social groupâ category of the 1951 UN Refugee Convention reflects immigration authoritiesâ increasing willingness to consider how legally recognizable persecution can derive from cultural practices and beliefs. Reflecting critically on such cases, it advances understandings of how witchcraft beliefs and practices have persisted as significant engines of violence in the contemporary world. It sheds light both on the limits of legal pluralism and cultural relativism in asylum adjudication and on how social scientific expertise contributes not simply to the flow of ideas, but also to the channelling of people across national, cultural, and epistemological boundaries.The book will be essential reading for students and researchers in legal anthropology, African studies, human rights, transnational history, migration and refugee law and policy, and the history and anthropology of witchcraft.

Read more less

Book SynopsisThe main objectives of media regulation in Europe are to protect media freedom, to ensure the social responsibility of the media, and to prevent harm caused by speech published through the media. This book examines the way in which these are reflected in European legal regimes and jurisprudence at the supranational, regional, and national levels.It addresses the theoretical considerations behind the protection and restriction of media freedom. It starts from the assumption that there is a common European ideal of media freedom as a human right. Apart from EU law, and in many cases similar national regulations, many common points can be identified across Europe in the theoretical underpinnings of this right, and the history of struggles for this freedom in different European countries also shows common features.While the focus is on media freedom in Europe, the work also discusses the uniquely distinct concept of freedom of expression and of the media that is prevalent

Read more less

Book SynopsisThis book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely Poland, Hungary and Turkey, as this phenomenon gravely affects the functioning of constitutional courts. The work is divided into three parts. The first contains contributions of a theoretical nature dedicated to the current shape of constitutional review, in particular in the light of the emergence of illiberal constitutionalism. This part of the book also deals with the collapse of the centralised constitutional review in Poland and the attempts to resolve the constitutional crisis. The second is focused on discussing specific, current problems with constitutional review, on the basis of states such as Hungary, Romania, Turkey and Poland. The third relates to other forms of constitutional revTable of Contents1. Turbulent times in the constitutionalism of Central and Eastern European countries; Part I. Basic Problems of Activity of Constitutional Courts in an Illiberal Constitutionalism; 2. Constitutional jurisdiction and primacy of the Constitution; 3. Constitutionality of law without a constitutional court in the Polish setting; 4. The problem of the so-called dispersed judicial review of parliamentary acts in Poland – traditions and current perspectives; 5. Admissibility of judicial review in states with a centralised model of constitutional review – in search of effective means of constitutional protection; 6. Parliamentary constitutional review in times of the constitutional crisis in Poland; Part II. Problems of Activity of Constitutional Courts in Selected Countries; 7. From guarding the constitution to serving politics – the decline of the Hungarian Constitutional Court; 8. For now, we see in a mirror dimly – a current perception of Hungarian constitutional justice from an international and comparative national perspective; 9. A missed dialogue: the European Court of Justice and the Romanian Constitutional Court; 10. The Turkish Constitutional Court and emergency regimes in the age of democratic backsliding; 11. Constitutional review in the abusive constitutionalism (continuation, corruption, or disappearance?); Part III. The Variety of Forms of Guaranteeing Constitutionality of Law; 12. The curious case of the Netherlands – reflections on the question whether the dismantling of democracy and the rule of law can be stopped by courts of law; 13. The Finnish Constitutional Exceptionalism: the pluralist system of constitutional review combining ex ante and ex post functions of review; 14. Conclusion. What next?

Read more less

Book SynopsisThis book analyses the case law of the European Court of Human Rights (ECtHR) from the point of view of argumentative tools used by the Court to persuade the audience States, applicants and public opinion of the correctness of its rulings. The ECtHR judgments selected by the authors concern justification of some of the most difficult issues. These are matters related to human life, human dignity and the right to self-determination in matters concerning one's private life. The authors looked for paths and repetitive patterns of argumentation and divided them into three categories of argumentative tools: authority, deontological and teleological. The work tracks how ECtHR judges aim to find a consensual, universal and, at the same time, pragmatic and axiologically neutral narrative on the collisions of rights and interests in the areas under discussion. It analyses whether the voice of the ECtHR carries the overtones of an ethical statement and, if so, to which arguments it appeals.Table of ContentsIntroduction 1 Challenges of judicial reasoning in beginning and end-of-life cases 2 Ways of judicial reasoning – outline 3 Ways of reasoning in medically assisted procreation and surrogacy cases 4 Ways of reasoning in abortion cases 5 Ways of reasoning in end-of-life situations Conclusion Index

Read more less

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

Read more less

Book SynopsisMeasures taken by states in the name of countering terrorism constantly give rise to new international legal issues. Helen Duffy brings the law to life via detailed case studies which show what the war on terror means in practice for affected individuals and for the rule of law more broadly.Table of Contents1. Introduction; Part I. Terrorism and Responsibility: 2. 'Terrorism' in international law; Part II. Responding to Terrorism: 3. Legal framework and practice; 4. Criminal justice; 5. The use of force; 6. International humanitarian law; 7. International human rights law; Part III. Case Studies: 8. Case study 1: Guantanamo Bay detentions under international human rights and humanitarian law; 9. Case study 2: justice done? The killing of Osama bin Laden; 10. Case study 3: extraordinary rendition; 11. The role of the courts: human rights litigation in the war on terror; 12. Conclusion.

Read more less

Book SynopsisMigration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.Trade Review'Migration and Refugee Law is a thorough examination of immigration and refugee law in Australia, taking pains to articulate a dichotomy between the two that the authors admit is 'nonexistent at a formal level'. While refugee law is not extensive, it is complex and contentious, and it is treated accordingly in this text, of which roughly half is devoted to issues relating to claiming asylum.' Migration AustraliaTable of Contents1. Historical context to migration; 2. Immigration control: an overview; 3. Basic migration legislation and policy; 4. The visa system and application procedures; 5. Family and interdependency migration and other Australia-based visas; 6. Business and investment visas; 7. Skill-based visas; 8. Temporary visas; 9. Miscellaneous visas; 10. Common visa requirements; 11. Compliance: unlawful non-citizens, removal and deportation; 12. History of the refugees convention and definitional framework; 13. Refugee and humanitarian visas: the statutory structure; 14. Convention grounds; 15. Persecution; 16. Well-founded fear of persecution; 17. Limits on protection of refugees – cessation, exclusion exceptions and protection by another country; 18. Time for a fundamental re-think: need as the criterion for assistance; 19. The determination and review process for migration and refugee decisions.

Read more less

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

Read more less

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

Read more less

Book SynopsisThe responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims'' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.Table of ContentsIntroduction: private prosecution, access to justice, and rule of law; 1. Private prosecution as an accountability tool; 2. Private prosecution as a victim's right in Latin America; 3. David and Goliath: private prosecution in Guatemala; 4. Against oblivion: private prosecution in Chile; 5. Discovering the power of rights: private prosecution in Mexico; Conclusions: prosecutorial accountability and rule of law from below.

Read more less

Book SynopsisMigration and Integration clarifies and proposes answers for all of the politically toxic questions associated with large-scale migration from the Global South to the Western liberal democracies. Driven by the conviction that the Alt-Right is using the issues of migration and integration effectively to batter the defenses of liberal democracy, Professor Tom Farer argues that despite its strength, the moral case for open borders should be rejected and that while broadly tolerant of different life styles, the state should enforce core liberal values. Examining closely the policies and practices of various European states, Farer draws on their experience, contrasts it with that of the United States, and provides a detailed strategy for addressing the issues of who should be allowed to enter, how migrant families should be integrated and cultural conflicts resolved. This remarkable elaboration of a liberal position on migration and integration to which moderate conservatives could adhere cTrade Review'This short cri de coeur, by a brave liberal lion unafraid to tackle liberal pieties, casts a long shadow across the right/left spectrum. Farer argues that rich states have a legal and moral right to bar migrants from the Global South and that tolerant national communities are worth defending - even if it takes biometric identity cards, off-shore sites for asylum claims, and litmus tests for determining entry. Not everyone will embrace his prescriptions but all will benefit from his thoughtful defense of liberal nationalism. His book sets the standard for thoughtful and eloquent commentary on the age's most inflammatory subject.' José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University'Farer is one of the sharpest legal minds of our era, with an unsurpassed ability to combine fierce liberalism with the unique ability to bring imagination into fundamental issues of our time. He broadens and deepens our field of vision, challenging us constantly to think creatively. This book is an excellent example of his inquisitive mind.' Claudio Grossman, Member of the UN International Law Commission, Dean Emeritus at American University'An indispensable response to the migration challenge that is at once humane and intelligently sensitive to the delicate issues at stake. I consider Tom Farer's brilliantly reasoned and lucidly written argument for a liberal nationalist-solution-oriented approach to migration as required reading for anyone concerned with preserving robust democracies in Europe and North America.' Richard Falk, Princeton University, New Jersey and author of Power Shift: On the New Global Order'The moderate center in American and European politics is bleeding votes to the right and the left because it has failed to come up with realistic policies on migration. Tom Farer, a distinguished human rights defender and international lawyer, addresses this challenge head-on with a witty, erudite, and passionate defense of a 'liberalism with borders' – a migration policy that reconciles human rights and national sovereignty in a tough-minded yet compassionate synthesis which deserves to redefine the debate on this key issue in modern politics.' Michael Ignatieff, President and Rector, Central European University, Budapest'Tom Farer's deeply researched, elegantly written, and humane book Migration and Integration confronts the question of how well-to-do, well-functioning countries in the North, particularly in Europe, should cope with the migration crisis. What should they do about the large numbers of people of diverse ethnic and religious backgrounds who are leaving or fleeing turbulent, dangerous, and impoverished countries of the Global South to settle among them? Should the countries of the North accommodate the 'looming wave' of migrants? Can Europe's predominantly secular societies absorb and integrate millions of Muslim migrants while maintaining the best attributes of their own societies, including those that have become liberal cultural norms? Professor Farer is unblinking in describing the difficulties. He does not evade any hard questions. Asserting that 'My highest priority is the survival of liberal democracy, an outcome by no means assured', his thoughtful answers are based on that priority. Tom Farer's important book is essential reading for those who share that priority.' Aryeh Neier, Open Society Foundations and Founding Director of Human Rights Watch'Tom Farer has produced … the best possible statement of the liberal nationalist approach to migration and integration. It is, as it claims, 'liberalism without tears, conservatism without hate'. Farer argues that liberal democrats can meet the challenge of twenty-first-century mass migration, but only if they can rediscover the courage of their convictions while shedding policy dogmatism. The stakes could not be higher.' Tom Pegram, University College London'A timelier and better case for a liberal nationalism than Tom Farer's account cannot be imagined.' Monica Serrano, El Colegio de Mexico'Farer (Univ. of Denver) offers a conventional analysis of migration and integration through the lens of the liberal political tradition.' A. H. Fabos, Choice'… leaves readers with further knowledge on today's migration crisis, proposals for solutions, and the ambition to preserve liberal democracy for future generations.' Quinn Muscatel, AmeriQuestsTable of ContentsIntroduction, challenges to liberalism with borders; Part I. Entry and Integration: 1. The looming wave; 2. Sovereignty, nationalism, and human rights; 3. Integration and cultural difference: the liberal's dilemma; Part II. Exemplary National Experiences: 4. Nordic states: Sweden, Norway, and Denmark; 5. The United Kingdom; 6. France; Part III. Hard Choices: 7. Migration and integration: options for the liberal state; 8. A model: problematical means for liberal ends.

Read more less

Book SynopsisMigration and Integration clarifies and proposes answers for all of the politically toxic questions associated with large-scale migration from the Global South to the Western liberal democracies. Driven by the conviction that the Alt-Right is using the issues of migration and integration effectively to batter the defenses of liberal democracy, Professor Tom Farer argues that despite its strength, the moral case for open borders should be rejected and that while broadly tolerant of different life styles, the state should enforce core liberal values. Examining closely the policies and practices of various European states, Farer draws on their experience, contrasts it with that of the United States, and provides a detailed strategy for addressing the issues of who should be allowed to enter, how migrant families should be integrated and cultural conflicts resolved. This remarkable elaboration of a liberal position on migration and integration to which moderate conservatives could adhere cTrade Review'This short cri de coeur, by a brave liberal lion unafraid to tackle liberal pieties, casts a long shadow across the right/left spectrum. Farer argues that rich states have a legal and moral right to bar migrants from the Global South and that tolerant national communities are worth defending - even if it takes biometric identity cards, off-shore sites for asylum claims, and litmus tests for determining entry. Not everyone will embrace his prescriptions but all will benefit from his thoughtful defense of liberal nationalism. His book sets the standard for thoughtful and eloquent commentary on the age's most inflammatory subject.' José E. Alvarez, Herbert and Rose Rubin Professor of International Law, New York University'Farer is one of the sharpest legal minds of our era, with an unsurpassed ability to combine fierce liberalism with the unique ability to bring imagination into fundamental issues of our time. He broadens and deepens our field of vision, challenging us constantly to think creatively. This book is an excellent example of his inquisitive mind.' Claudio Grossman, Member of the UN International Law Commission, Dean Emeritus at American University'An indispensable response to the migration challenge that is at once humane and intelligently sensitive to the delicate issues at stake. I consider Tom Farer's brilliantly reasoned and lucidly written argument for a liberal nationalist-solution-oriented approach to migration as required reading for anyone concerned with preserving robust democracies in Europe and North America.' Richard Falk, Princeton University, New Jersey and author of Power Shift: On the New Global Order'The moderate center in American and European politics is bleeding votes to the right and the left because it has failed to come up with realistic policies on migration. Tom Farer, a distinguished human rights defender and international lawyer, addresses this challenge head-on with a witty, erudite, and passionate defense of a 'liberalism with borders' – a migration policy that reconciles human rights and national sovereignty in a tough-minded yet compassionate synthesis which deserves to redefine the debate on this key issue in modern politics.' Michael Ignatieff, President and Rector, Central European University, Budapest'Tom Farer's deeply researched, elegantly written, and humane book Migration and Integration confronts the question of how well-to-do, well-functioning countries in the North, particularly in Europe, should cope with the migration crisis. What should they do about the large numbers of people of diverse ethnic and religious backgrounds who are leaving or fleeing turbulent, dangerous, and impoverished countries of the Global South to settle among them? Should the countries of the North accommodate the 'looming wave' of migrants? Can Europe's predominantly secular societies absorb and integrate millions of Muslim migrants while maintaining the best attributes of their own societies, including those that have become liberal cultural norms? Professor Farer is unblinking in describing the difficulties. He does not evade any hard questions. Asserting that 'My highest priority is the survival of liberal democracy, an outcome by no means assured', his thoughtful answers are based on that priority. Tom Farer's important book is essential reading for those who share that priority.' Aryeh Neier, Open Society Foundations and Founding Director of Human Rights Watch'Tom Farer has produced … the best possible statement of the liberal nationalist approach to migration and integration. It is, as it claims, 'liberalism without tears, conservatism without hate'. Farer argues that liberal democrats can meet the challenge of twenty-first-century mass migration, but only if they can rediscover the courage of their convictions while shedding policy dogmatism. The stakes could not be higher.' Tom Pegram, University College London'A timelier and better case for a liberal nationalism than Tom Farer's account cannot be imagined.' Monica Serrano, El Colegio de Mexico'Farer (Univ. of Denver) offers a conventional analysis of migration and integration through the lens of the liberal political tradition.' A. H. Fabos, Choice'… leaves readers with further knowledge on today's migration crisis, proposals for solutions, and the ambition to preserve liberal democracy for future generations.' Quinn Muscatel, AmeriQuestsTable of ContentsIntroduction, challenges to liberalism with borders; Part I. Entry and Integration: 1. The looming wave; 2. Sovereignty, nationalism, and human rights; 3. Integration and cultural difference: the liberal's dilemma; Part II. Exemplary National Experiences: 4. Nordic states: Sweden, Norway, and Denmark; 5. The United Kingdom; 6. France; Part III. Hard Choices: 7. Migration and integration: options for the liberal state; 8. A model: problematical means for liberal ends.

Read more less

Book SynopsisThe emergence of human rights within development and the evolving relationship was increasingly brought to bear upon key debates and policies over the last couple of decades. This book provides a critically informed, comprehensive and multi-disciplinary entry-level account of this engagement between human rights and development. It is theoretically and practically grounded and explores three over-arching questions and themes: First, why and how have human rights made this breakthrough? Second, is there agreement on human rights as a concept and how it is being used and understood within diverse development practices at global, national and local levels? Third, how can we gauge the impact of human rights based approaches upon development outcomes? The book concludes with what the future may hold for human rights and development. In-depth understanding of human rights as a development challenge and development as a human rights one, is presented and delineates the diversTable of Contents1. The Relevance of Human Rights and Development 2. Development in Theory and Practice 3. Globalisation and Shifting Worlds of Development 4. Human Rights Controversies and Convergences 5. Actors and Institutions in Human Rights and Development 6. Intersections – Rights-Based Approaches to Development 7. The Human Right to Health and Responses to the COVID-19 Pandemic 8. Impact in Rights-Based Approaches: Aligning Actors, Institutions and Interests 9. Shaping Human Rights and Development Futures

Read more less

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

Read more less

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

Read more less

Book SynopsisIs it possible to achieve cybersecurity while safeguarding the fundamental rights to privacy and data protection? Addressing this question is crucial for contemporary societies, where network and information technologies have taken centre stage in all areas of communal life. This timely book answers the question with a comprehensive approach that combines legal, policy and technological perspectives to capture the essence of the relationship between cybersecurity, privacy and data protection in EU law. The book explores the values, interconnections and tensions inherent to cybersecurity, privacy and data protection within the EU constitutional architecture and its digital agendas. The work’s novel analysis looks at the interplay between digital policies, instruments including the GDPR, NIS Directive, cybercrime legislation, e-evidence and cyber-diplomacy measures, and technology as a regulatory object and implementing tool. This original approach, which factors in the connections between engineering principles and the layered configuration of fundamental rights, outlines all possible combinations of the relationship between cybersecurity, privacy and data protection in EU law, from clash to complete reconciliation. An essential read for scholars, legal practitioners and policymakers alike, the book demonstrates that reconciliation between cybersecurity, privacy and data protection relies on explicit and brave political choices that require an active engagement with technology, so as to preserve human flourishing, autonomy and democracy.Table of ContentsIntroduction Part One: Introducing Cybersecurity, Privacy and Data Protection Law and their Interplay 1. Cybersecurity, Privacy and Data Protection: An Analytical Framework 2. The EU Cybersecurity Policy 3. Privacy: The Right to Respect for Private and Family Life 4. The Right to the Protection of Personal Data Part Two: Technology and the Triad in the DSM, the AFSJ and the EA 5. Cybersecurity, Privacy and Data Protection as Techno-Legal Objects: Investigating the Role of Technology 6. The DSM: Network and Information Security (NIS), Privacy and Data Protection 7. The AFSJ: The Fight against Cybercrime, e-Evidence, Privacy and Data Protection 8. The EA: ‘Cyber’ External Action, Privacy and Data Protection Conclusion

Read more less

Book SynopsisCan universal human rights and different national citizenship regimes ever be compatible? This book argues that they can’t, setting out a legal-philosophical critique of the tension between both. It explores whether the emergence of postnational models of citizenship that aim at decoupling human rights and citizenship succeed in overcoming tensions between the universal (multiculturalism; universal human rights; postnational values) and the particular (citizenship; borders; national values and diverse local narratives). As a result of this exploration, the author argues that it is illegitimate to speak of universal human rights, universal human dignity, or universal social justice. It is only by recognising this reality that a much needed transformation of human rights and citizenship can be undertaken in a meaningful way. This provocative and compelling work will appeal to both human rights and citizenship lawyers, as well as others involved in human rights law at NGOs, governments, international organisations – and indeed anyone with an interest in the subject of how human rights evolved and new concepts for the future.Table of ContentsTable of Legislation Introduction 1. Philosophical Roots of the Concept of Humanity I. Ancient Greek Ideas Regarding Humanity and Citizenship II. Stoic Ideas of Humanity III. The Christian Idea of Humanity IV. The Enlightenment, Abstract Humanity and Universalism V. Kant’s Conception of Humanity VI. Marx, Nietzsche and Freud: Towards a New Idea of Humanity and Political Subjectivity? 2. Foundations of Dignity and Human Rights I. Introduction II. The Human Soul in Greek Philosophy III. Dignity in the Christian Tradition IV. The Enlightenment, Kant and Human Dignity V. The Early French and US Declarations of Human Rights VI. Human Dignity in the Modern Human Rights Discourse 3. Ideas of Universal Human Rights versus Citizenship I. Introduction II. The Problem with Decoupling Human Rights and Citizenship III. Human Rights Dichotomies IV. Questioning the Universality of Human Rights 4. Ideas of World Citizenship: Attempting to Overcome the Conflict between the Exclusive and the Universal I. Introduction II. The Origins of Cosmopolitanism III. Global Citizenship and Human Rights 5. A New Framework of Global Human Rights I. Introduction II. A Postmodern Global Society without Borders? III. New Conceptions of Global Human Rights IV. A Theory of Global Human Rights Bibliography Index

Read more less

Book SynopsisThis book describes how human rights have given rise to a vision of benevolent governance that, if fully realised, would be antithetical to individual freedom. It describes human rights’ evolution into a grand but nebulous project, rooted in compassion, with the overarching aim of improving universal welfare by defining the conditions of human well-being and imposing obligations on the state and other actors to realise them. This gives rise to a form of managerialism, preoccupied with measuring and improving the ‘human rights performance’ of the state, businesses and so on. The ultimate result is the ‘governmentalisation’ of a pastoral form of global human rights governance, in which power is exercised for the general good, moulded by a complex regulatory sphere which shapes the field of action for the individual at every turn. This, unsurprisingly, does not appeal to rights-holders themselves.Trade Review'A formidable corpus of case law and other normative outputs have been developed in justification of positive human rights obligations and in favour of expansion of their scope and content. Critical theory and human rights: From compassion to coercion shows the inadequacy of an account of positive obligations that fails to seriously appreciate their intrusiveness and power of coercion. The book shows how human rights law interpreted as imposing ever more expanding positive obligations, runs the risk of undermining the very reason for which it was historically established - preserving individual freedoms.'Dr Vladislava Stoyanova, Associate Professor of Public International Law at Lund University in Sweden -- .Table of ContentsIntroduction1 Solipsism and imperialism2 Between nomos and telos3 Human rights’ directing idea4 The governmentalisation of global human rights governance5 Tactics rather than laws6 Nothing but rejoicingConclusionIndex

Read more less

Book SynopsisWith contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.Table of Contents1. Introduction: Values, Participation, and Mental Capacity Laws in International Comparative Perspective – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene 2. Mental Capacity Law in England and Wales: A Value-Laden Jurisdiction – Rebecca Stickler 3. Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland – Jill Stavert 4. The Fusion Approach to Mental Capacity Law in Northern Ireland: Possibilities and Challenges – Gavin Davidson, Martin Daly, Moira Harper, Danielle McIlroy and Lorna Montgomery 5. Judging Values in a Time of Transition: An Irish Perspective – Mary Donnelly 6. US Laws Relating to Decision-Making on Behalf of P – Stephen Latham 7. Indigenous Peoples With Disabilities and Canadian Mental Capacity Law – Ruby Dhand 8. Capacity, Participation and Values in Australian Guardianship Laws – Cameron Stewart 9. Navigating Values in Aotearoa New Zealand – Kris Gledhill 10. Values and Participation of Individuals Without Mental Capacity in Hong Kong – Daisy Cheung 11. Asian Values and Confucianism: How P’s Ability To Participate in Court Proceedings in Singapore Is Influenced by P’s Cultural Milieu – Yue-En Chong 12. Respect for the Will and Preferences of People With Mental Disorders in German Law – Tanje Henking and Matthé Scholten 13. The Place of Values and P’s Participation in Mental Capacity Law: Themes, Synergies, and Tensions – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene

Read more less

Book SynopsisHow big a problem is torture? Are the right things being done to prevent it? Why does the UN appear at times to be so impotent in the face of it? In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to bring about change. The author draws on over ten years’ experience as Chair of the UN Subcommittee on Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, or not been able to achieve – and most importantly, why.Trade Review"Writing eloquently and accessibly, Evans dwells on the readily achievable. This is an essential text for those interested in questions of detention, monitoring and anti-torture." Human Rights Law ReviewTable of ContentsPart 1: The Solution 1. What Is Torture? 2. Why Prevention? 3. Establishing the Optional Protocol to the United Nations Convention against Torture 4. What the Optional Protocol to the United Nations Convention against Torture Requires 5. The Visiting Mandate of the UN Subcommittee on Prevention of Torture 6. The UN Subcommittee on Prevention of Torture and National Preventive Mechanisms Part 2: The Problem 7. Visits: An Insider’s Story 8. Accepting the Unacceptable 9. Excusing the Inexcusable 10. Prescribing the Inappropriate 11. Working with Fictions 12. Thinking Positively about Prevention

Read more less

Book SynopsisWhen Business Harms Human Rights uses reported narrations to discuss and analyze the experiences of individuals and communities from around the world, and examines the impact that business activities has had on their lives. The volume is situated within the broader subject area of business and human rights, and uses various methodologies to share the perspectives of affected individuals and communities. The narratives collected here follow rights holders in their attempts to secure remedies, and examine the impact of the emerging legal regime of business and human rights.Trade Review"This is an important book that provides an overview how communities are affected negatively by business activities and their struggles to access remedies. The editors recognise that these are not necessarily new stories considering their main themes, but they are particular stories, which remind us of our shared humanity. — Hannah Gracher, Nordic Journal of Human Rights "Table of ContentsPreface; Acknowledgements; Introduction; Chapter 1 Complicity in False Arrest, Imprisonment and Theft by a Fairtrade-Certifi ed Company, Madeline Hung; Chapter 2 Hindrances to Access to a Remedy in Business- Related Cases in Colombia: The Case of Gilberto Torres, Piergiuseppe Parisi and Gareth Sims; Chapter 3 The Global Pursuit for Justice for DBCP- Exposed Banana Farmers, Daysheelyn Anne P. Brillo; Chapter 4 The Rupturing of the Dam and the Community’s Social Fabric: A Testimony from an ‘Atingido’ from Bento Rodrigues, Brazil, Rajiv Maher and Adriana Bravin; Chapter 5 Taming the Dragon, Unpacking Options for Access to Remedy for Violations by Chinese Multinational Corporations Operating in Chiadzwa, Zimbabwe, Bellinda Chinowawa; Chapter 6 Máxima Acuña: The Story of How a Business Impacted Human Rights Defenders, Marianne Bertrand and Ariadna Tovar; Chapter 7 Community Interrupted, ‘Life Projects’ Disrupted: Cajamarca, Ibagué, and the La Colosa Mine in Colombia, Tara L. Van Ho with residents of Cajamarca Ibague and surrounding areas; Chapter 8 Occupational Health as a Human Right: A Case Study in a Turkish Free Trade Zone, Cigdem Cimrin and Yucel Demiral; Chapter 9 The Price of the ‘Black Dollar’: Veteran Coal Miners and the Right to Health, Jennifer D. Oliva with contributions from Jena Martin; Chapter 10 Abandoned: A Tale of Two Mine Closures in South Africa, Michael Clemens and Maria Isabel Cubides; Conclusion; Appendices; List of Contributors; Index.

Read more less

Book SynopsisThis textbook presents a range of classical philosophical approaches in order to show that they are unsuitable as a foundation for human rights. Only the conception of human dignity –based on the Kantian distinction between price and dignity – can provide a sufficient basis. The derivation of human rights from the principle of human dignity allows us to identify the most crucial characteristic of human rights, namely the protection of personhood. This in turn makes it possible (1) to distinguish between real moral human rights and spurious ones, (2) to assess the scope of protection for many codified human rights according to the criteria of “core” and “yard,” and (3) offers a point of departure for creating new, unwritten human rights. This philosophical basis supports a substantial reassessment of the case law on human rights, which will ultimately allow us to improve it with regard to legal certainty, clarity and cogency.In the second edition, errors have been corrected in numerous places, the text has been made clearer and easier to understand. In addition, more recent human rights issues have been newly included, especially those related to the Corona epidemic and climate change. The textbook is primarily intended for advanced law students who are interested in a deeper understanding of human rights. It is also suitable for humanities students, and for anyone in the political or social arena whose work involves human rights and their enforcement.Each chapter is divided into four parts: Abstracts, Lecture, Recommended Reading, and Questions to check reader comprehension. Sample answers are included at the end of the book. Table of Contents

Read more less

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

Read more less

Book SynopsisPillay, a trailblazer in Human Rights Law, was born in 1941 to a humble Indian family in apartheid South Africa. She faced enormous obstacles to her aspirations for further education and a meaningful career. However, in 1967 she was the first black woman in South Africa to set up a law practice which she used to defend many anti-apartheid activists. She also used her skills to protect the rights of political prisoners and remarkably, in 1973, she succeeded in obtaining legal representation and basic amenities for the inmates of Robben Island.In 1995 when the first democratic government was formed in South Africa, Nelson Mandela nominated Pillay as the first black female judge in the Supreme Court. In the same year she joined the International Criminal Tribunal for Rwanda. Since then Pillay has become one the world's leading advocates in the field of human rights.The biography of Navi Pillay is part of Arcadia's BlackAmber Inspiration series edited by Rosemarie Hudson, founder of BlackAmber. These pocket-sized biographies, aimed at students and general readers alike, celebrate African, Caribbean and Asian heroes.

Read more less

Book SynopsisAs constitutional law globalizes, the quest for a common grammar or ''generic constitutional law'' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy''s predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for decidiTable of ContentsIntroduction ; 1. The Structure of the Proportionality Test ; 2. Rights, Interests, and Trumps ; 3. The Method of Balancing ; 4. Discretion and Deference ; 5. Positive Rights and Proportionality Analysis ; 6. Epistemic Reliabilities in Proportionality Analysis ; 7. Case Analysis: Otto-Preminger-Institut v Austria ; 8. Results

Read more less

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

Read more less

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

Read more less

Book SynopsisThe legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a criTable of ContentsPart I: Restorative Justice: Origins, Nature and Promises: Conditions of successful reintegration ceremonies: dealing with juvenile offenders, John Braithwaite and Stephen Mugford; Conflicts as property, Nils Christie; Juvenile justice in New Zealand: a new paradigm, Allison Morris and Gabrielle M. Maxwell; Fundamental concepts of restorative justice, Howard Zehr and Harry Mika. Part II: Restorative Perspectives: Restorative justice - the real story, Kathleen Daly; Reconsidering restorative justice: the corruption of benevolence revisited?, Sharon Levrant, Francis T. Cullen, Betsy Fulton and John F. Wozniak; New wine and old wineskins: four challenges of restorative justice, Daniel W. Van Ness; Restorative police cautioning in Aylesbury � from degrading to reintegrative shaming ceremonies?, Richard Young and Benjamin Goold. Part III: Juridical Perspectives: Responsibilities, rights and restorative justice, Andrew Ashworth; The use of mediation to resolve criminal cases: a procedural critique, Jennifer Gerarda Brown; Prosecuting violence: a colloquy on race, community and justice. Goodbye to Hammurabi: analyzing the atavistic appeal of restorative justice, Richard Delgado; Reparation and retribution: are they reconcilable?, Lucia Zedner. Part IV: Race and Gender Perspectives: A just measure of shame? Aboriginal youth and conferencing in Australia, Harry Blagg; Community conferencing and the fiction of indigenous control, Chris Cunneen; Domestic violence and the restorative justice initiatives: the risks of a New Panacea, Stephen Hooper and Ruth Busch; Restorative justice: the challenge of sexual and racial violence, Barbara Hudson. Part V: Social Justice Perspectives: Conservative conflict and the reproduction of capitalism: the role of informal justice, Richard L. Abel; Truth, reconciliation and justice: the South African experience in perspective, Kader Asmal; Youth development circles, John Braithwaite; Punishment and the changing face of the governance, Clifford Shearing; Name index

Read more less

Book SynopsisThe US detention center at Guantanamo Bay has long been synonymous with torture, secrecy, and the abuse of executive power. This book provides an insider's view of the detention of enemy combatants and an accessible explanation of the complex forces that keep these systems running.Trade ReviewDeftly connecting Guantánamo to other secret prisons, law to politics, secrecy to terror, and the efforts of the courts to frame and reframe the ancient writ of habeas corpus for a modern era, Hafetz explores what was lost when habeas became a legal question as opposed to an answer. Anyone seeking a way forward on the issues of detention, incarceration, and the rule of law that continue to plague us would be well advised to start looking here for the answers. -- Dahlia Lithwick * Slate *Hafetzs incisive and insightful volume is more than just a summary of where we have been; it is an impassioned case for the proper way forward with regard both to the substance of national security detention policy and the role courts should play in reviewing and constraining it. Certain to become one of the indispensable accounts of the role that the & Great Writ has played both historically and after September 11, this book provides a powerful and timely testament to the foresight of the Founding Fathers in expressly enshrining the & privilege of the writ of habeas corpus in our Constitution. -- Stephen Vladeck,Professor of Law, American UniversityThe right to habeas corpus is the linchpin of a free nation, and the post-9/11 attack on this safeguard is thus one of the most significant erosions of freedom in many decades. Jonathan Hafetz provides the most thorough account yet of why this right matters so much and what should be done to preserve it. -- Glenn Greenwald * Salon *We all have snatches of the conversation in our heads: Guantánamo, habeas corpus, enemy combatant, military commissions, Bagram, rendition and torture. This book by one of the key lawyers on the front lines in the post-9/11 legal battles puts these pieces together; what emerges is not pretty. If you want to understand how a country that claimed it was the paradigm of fair treatment in its criminal justice system has tailored its laws to expediency, read this disturbing book. -- Michael Ratner,President, Center for Constitutional RightsHafetz's book is an excellent account of the five major Supreme Court cases addressing habeas corpus and constitutional rights to a fair trial after 9/11. * Choice *Habeas Corpus after 9/11 is an impassioned and exhaustive examination of the lack of legal safeguards afforded to detainees at such places as Guantánamo, Bagram, Abu Ghraib, and to those who were the subjects of extraordinary rendition. . . .Thoughtful and well-researched responses to the conditions of the time . . . provide[s] political scientists and historians with perspectives on habeas corpus that they need to consider. * Law and Politics Book Review *Table of ContentsAcknowledgments Introduction Part 1 1 Laying the Foundation for the "War on Terror" 2 Guantanamo: Microcosm of a Prison beyond the Law 3 Guantanamo beyond Guantanamo: Toward a Global Detention System 4 Crossing a Constitutional Rubicon: The Domestic "Enemy Combatant" CasesPart 2 5 Habeas Corpus and the Right to Challenge Unlawful Imprisonment 6 The Seeds of a Global Constitution Part 3 7 A Modest Judicial Intervention: The First Supreme Court "Enemy Combatant" Decisions 8 The Battle for Habeas Corpus Continues 9 Tackling Prisons beyond the Law: Guantanamo Revisited ContentsPart 4 10 Toward a Better Understanding of Habeas Corpus: Individual Rights and the Role of the Judiciary during Wartime 11 The Elusive Custodian: Some Potential Limits of Habeas Corpus 12 Terrorism as Crime: Toward a Lawful and Sustainable Detention Policy 13 Continuity and Change: The Detention Policy of a New Administration Notes Index About the Author

Read more less

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

Read more less