Public international law: human rights Books

Book SynopsisDespite the conclusion of the International Military Tribunal at Nuremberg that aggression is the ''supreme international crime'', armed conflict remains a frequent and ubiquitous feature of international life, leaving millions of victims in its wake. This collection of original chapters by leading and emerging scholars from all around the world evaluates historic and current examples of the use of force and the context of crimes of aggression. As we approach the 75th anniversary of the Nuremberg War Crimes Tribunal, Seeking Accountability for the Unlawful Use of Force examines the many systems and accountability frameworks which have developed since the Second World War. By suggesting new avenues for enhancing accountability structures already in place as well as proposing new frameworks needed, this volume will begin a movement to establish the mechanisms needed to charge those responsible for the unlawful use of force.Trade Review'As we approach the third decade of the twenty-first century, wars continue to take their toll on untold numbers of innocent civilians; launching a nuclear war has become a topic of serious discussion; and from July 2018 the crime of aggression will fall within the jurisdiction of the International Criminal Court. It is hardly surprising that the global community continues its search for legal means to deter the resort to war, aggression and the commission of massive war crimes. Seeking Accountability for the Unlawful Use of Force, edited by Professor Leila Sadat, could not be more timely or important. It contains thoughtful and accessible essays by some of the leading experts in the field of international criminal law. They trace its modern history and consider the future of mechanisms of accountability for war crimes. This excellent collection is essential reading for all interested in the relationship between law and war.' Richard Goldstone, former Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda'Leila Sadat is a towering figure in the field of international law, and it is no surprise that she has assembled in this thought-provoking enterprise many prominent legal experts and contributors. In international criminal law, there is continued debate over what constitutes reasonable use of force and what measures may be appropriate to deter and punish acts of aggression. This book offers rare insight into the legal debates, and provides compelling arguments for a rational use of force within the existing framework of international law.' Mark S. Ellis, Executive Director, International Bar Association'The significance of this book cannot be underestimated. With the recent activation of the International Criminal Court's jurisdiction over the crime of aggression, the time is ripe to reflect on the way accountability for the unlawful use of force has been dealt with both by the ICC's predecessors as well as through other mechanisms. Moreover, it is important to take stock and reflect on the many challenges faced so far in order to better prepare for future accountability efforts. The collection brings together leading academics in the field who provide a holistic examination of the issue at hand, filling an important gap in the scholarship. I cannot recommend it highly enough.' Olympia Bekou, School of Law, University of Nottingham'This collection of essays, written by eminent scholars in the field, could not be more timely, as we approach the activation of the ICC's jurisdiction over the crime of aggression on 17 July 2018, the very day of its twentieth anniversary. Seeking Accountability for Unlawful Use of Force is an essential reading companion for those, scholars and practitioners alike, who seek a better understanding of the legacy of the Nuremberg and Tokyo trials against the backdrop of the shifting boundaries between ius ad bellum and ius in bello in the post-9/11 age.' Christine Van den Wyngaert, Judge at the International Criminal Court'This book is an encyclopedic, truly comprehensive treatment of a historic issue within the general topic of the use of violent force in international law. Highly recommended.' S. R. Silverburg, ChoiceTable of ContentsBiographies of contributors; Foreword Sir Geoffrey Robertson; Preface Leila Nadya Sadat; Introduction Donald M. Ferencz; Part I. Historic and Contemporary Perspectives on the Unlawful Use of Force: 1. The status of aggression in international law from Versailles to Kampala – and what the future might hold M. Cherif Bassiouni; 2. Nuremberg and aggressive war William A. Schabas; 3. The Tokyo IMT and crimes against peace (aggression) – is there anything to learn? Robert Cryer; 4. The just war in ancient legal thought Larry May; 5. Definitions of aggression as harbingers of international change Kirsten E. Sellars; 6. International humanitarian law in an age of extremes: unlawful uses of force by non-state actors David M. Crane; Part II. Mechanisms for Restraining the Unlawful Use of Force and Enhancing Accountability: 7. Commissions of inquiry and the Jus ad Bellum Larissa van den Herik and Catherine Harwood; 8. The international court of justice and the use of force Douglas J. Pivnichny; 9. The other enemy: transnational terrorists, armed attacks and armed conflict Carrie McDougall; 10. Towards the substantive convergence of international human rights law and the laws of armed conflict – the case of Hassan v. the United Kingdom Robin Geiß; 11. International law on the use of force: current challenges Sergey Sayapin; Part III. The Illegal Use of Force and the Prosecution of International Crimes: 12. The crime of aggression under customary international law Yoram Dinstein; 13. The crime of aggression and the international criminal court Jennifer Trahan; 14. Prosecuting aggression through other universal core crimes at the International Criminal Court Terje Einarsen; 15. The illegal use of armed force (other inhumane act) as a crime against humanity: an assessment of the case for a new crime at the International Criminal Court Manuel J. Ventura; 16. Aggression, atrocities, and accountability: building a case in Iraq John Hagan and Anna Hanson; Part IV. Imagining a Better World: 17. Rethinking the relationship between Jus in Bello and Jus ad Bellum: a dialogue between authors Federica D'Alessandra and Robert Heinsch; 18. Twenty-first-century paradigms on military force for humane purposes David J. Scheffer and Angela Walker; 19. The presumption of peace: illegal war, human rights, and humanitarian law Mary Ellen O'Connell; 20. The urgent imperative of peace Leila Nadya Sadat; Epilogue Benjamin B. Ferencz; Index.

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Book SynopsisEmilie McDonnell's experience in human rights and refugee issues includes roles at the Australian Human Rights Commission, Human Rights Watch and the Tasmanian Refugee Legal Service. She is an Adjunct Senior Researcher within the School of Law at the University of Tasmania, Australia.

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Book SynopsisThe standard work in its field, this updated and expanded edition presents an eminently practical "nuts-and-bolts" guide to international human rights law and practice. The contributors, all specialists in their areas of expertise, offer a panoramic yet meticulously detailed survey of the many techniques now available to protect human rights at global, regional, and national levels. Appendices include a bibliographic essay that serves as a mini-guide to contemporary human rights literature, in both print and on-line sources. Published under the auspices of the Procedural Aspects of International Law Institute (PAIL). Paperback version of this title is available for classroom adoption only at cost of $25.00/copy, 10 copy minimum. Published under the Transnational Publishers imprint.Table of ContentsAcknowledgments; Part I. Preliminary Considerations; 1. An Overview of International Human Rights Law, RICHARD B. BILDER; 2. Implementing Human Rights: An Overview of NGO Strategies and Available Procedures, HURST HANNUM; Part II. International Procedures for Making Human Rights Complaints Within the UN System; 3. Treaty-Based Procedures for Making Human Rights Complaints Within the UN System, SI N LEWIS-ANTHONY AND MARTIN SCHEININ; 4. United Nations Non-Treaty Procedures for Dealing with Human Rights Violations; NIGEL RODLEY AND DAVID WEISSBRODT; 5. Human Rights Complaint Procedures of the International Labor Organization, LEE SWEPSTON; 6. The Complaint Procedure of the United Nations Educational, Scientific and Cultural Organization, STEPHEN P. MARKS; Part III Regional Systems for the Protection of Human Rights; 7. The Inter-American Human Rights System, DINAH L. SHELTON; 8. Council of Europe, OSCE, and European Union, KEVIN BOYLE; 9. The African Charter on Human and Peoples’ Rights, CEES FLINTERMAN AND EVELYN ANKUMAH; Part IV Other Techniques and Forums forProtecting Rights; 10. International Reporting Procedures, STEPHANIE FARRIOR; 11. Quasi-Legal Standards and Guidelines for Protecting Human Rights, JIRI TOMAN; 12. The International and National Protection of Refugees, MARYELLEN FULLERTON; 13. The Role of Domestic Courts in Enforcing International Human Rights Law, RALPH STEINHARDT; Appendixes; A. Bibliographic Essay; B. Checklist to Help Select the Most Appropriate Forum; C. Model Communication; D. Addresses of Intergovernmental Organizations; E. Ratifications of Selected Human Rights Instruments; F. Citations for Major International Human Rights Instruments; Contributors; Index; Contents.

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Book SynopsisThe current edition is the fifteenth in the series. Over the years the structure of the yearbook has shifted from that of a journal to a thematic anthology. The main editorship as well as the thematic expertise for this volume has been the responsibility of the Danish Institute for Human Rights. As the title of this volume, “Human Rights and Local/Living Law”, indicates, its focus is on the various forms of local, informal and/or customary law and their interaction with human rights. The Human Rights in Development series takes its starting point in a development perspective and aims to be topical, comprehensive, and multi-disciplinary, exemplifying the “cross-fertilization” of theoretical and practical approaches. Contributions are sought from researchers and practitioners in both donor and recipient countries. To ensure an increased focus on Southern perspectives, participation in the editorial work and inclusion of authors from a broad geographical scope has been, and is continuously, sought. The volumes published in the Human Rights in Development series, which for historical reasons still carry the word Yearbook in their title, are the result of a long-term collaboration between human rights research institutes and centres. Currently, the partners in the project include the Christian Michelsen Institute, Bergen; the Danish Institute for Human Rights, Copenhagen; the Icelandic Human Rights Centre, Reykjavik; the Ludwig Boltzman Institute of Human Rights, Vienna; the Netherlands Institute of Human Rights, Utrecht; the Norwegian Centre for Human Rights, Oslo; the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund; and the Åbo Akademi University Institute for Human Rights, Turku/Åbo. As in previous years, the publication is aimed at a broad audience, including government agencies, donor agencies, embassies, the press, non-governmental organisations, and the academic community.Table of ContentsIntroduction Lone Lindholt; The Global and the Local. Reflection on Human Rights and Local/Living Law Sten Schaumburg-Müller; Legal Pluralism as an Approach to Indigenous and Tribal Peoples’ Rights Mireya Maritza Peña Guzmán; Traditional (in)Justice: Honour killings in Pakistan Are Knudsen; Indigenous Law and the Protection of Indigenous Peoples’ Rights in Ecuador Tiina Saaresranta; “San Bushmen Are Not Forever”: Human Rights Perspective of Land Access Issues of Hunter-Gatherer Societies in Southern Africa Boipuso Nkwae; Dilemmas Connected to Recognising Customary Law and Courts in South Africa Ragnhild L. Muriaas; Race and Gender Discrimination in a Socio-legal Perspective: the Experience of Chinese Indonesian Women in Indonesia Sulistyowati Irianto; Visions of the Right Order: Contrasts between Mayan Communitarian Law in Guatemala and International Human Rights Law Stener Ekern; Juvenile Justice and the Law in Uganda: Towards Restorative Justice Lillian Tibatemwa-Ekirikubinza; Legal Pluralism and Transitional Justice in Afghanistan: A Gender Perspective Karin Ask; Administering the African Society Through the Living Law Michelo Hansungule.

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Book SynopsisThe purpose of this book is to review and summarize international cases identified as being essential for the police. The cases embody the jurisprudence of courts and bodies established under international law to secure compliance with international human rights and humanitarian standards, and they are essential for the police, and anyone seeking to understand the theory and practice of policing, because they have a direct bearing on the exercise of police powers and the performance of police functions.

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Book SynopsisThis volume constitutes a commentary on Article 14 of the United Nations Convention on the Rights of the Child, guaranteeing the right to freedom of thought, conscience and religion. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of Abbreviations; Author Biography; Text of Article 14; Chapter One Introduction; Chapter Two Comparison with Related International Human Rights Provisions; 1. Freedom of Thought, Conscience and Religion (Article 14(1) and (3)); 2. Parental Guidance (Article 14(2) CRC); Chapter Three Scope of Article 14; 1. Introduction; 2. Para. 1: ‘States Parties shall respect the right of the child to freedom of thought, conscience and religion’; 2.1 Freedom of Thought; 2.2 Freedom of Conscience; 2.3 Freedom of Religion; 3. Para. 2: ‘States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.’; 4. Para. 3: ‘Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.’.

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Book SynopsisThis volume constitutes a commentary on Article 28 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of Abbreviations; Author Biography; Text of Article 28; Chapter One Introduction; Chapter Two Comparison with Related International Human Rights Standards; Chapter Three Scope of Article 28; 1. Article 28(1): The Right to Receive Education on the basis of Equal Opportunities and the Freedom to Choose Education; 1.1 The Right to Receive Education; 1.1.1 Definition of education; 1.1.2 Available and Accessible Education; 1.1.3 Free Education; 1.1.4 Compulsory Education; 1.1.5 Content of Education; 1.1.6 Forms of Education; 1.1.7 Educational and Vocational Information and Guidance; 1.1.8 School Attendance and Drop out Rates; 1.2 The Right to Equal Access to and Equal Opportunities in Education; 1.3 The Freedom to Choose Education; 1.4 The Nature of States Parties’ Obligations; 1.5 The Right-holders—Child Participation in Education; 2. Article 28(2): The Right to a Humane Disciplinary System; 3. Article 28(3): International Cooperation in Education.

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Book SynopsisThis volume constitutes a commentary on the First Optional Protocol to the United Nations Convention on the Rights of the Child, dealing with the involvement of children in armed conflicts. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of Abbreviations; Author Biography; Text of the Optional Protocol; Chapter One Introduction; Chapter Two Comparison with Related International Instruments; 1. Universal Instruments; 1.1 1977 Additional Protocols to the Geneva Conventions; 1.2 1989 Convention on the Rights of the Child; 1.3 1998 Rome Statute of the International Criminal Court; 1.4 1999 ILO Convention No 182 on the Worst Forms of Child Labour; 1.5 United Nations Resolutions and Recommendations; 2. Regional Instruments; 2.1 Binding Regional Instruments: the African Child Charter; 2.2 Other Regional Initiatives; Chapter Three Scope of the Optional Protocol Preamble; 1. Article 1: Direct Participation in Hostilities; 1.1 Direct Participation in Hostilities; 1.2 Members of their Armed Forces Younger than 18 Years; 1.3 Obligation of Means Resting on States Parties; 2. Article 2: Compulsory recruitment; 2.1 Compulsory Recruitment into their Armed Forces; 2.2 Persons Who Have Not Attained the Age of 18 Years; 2.3 Obligation of Result Resting on States Parties; 3. Article 3: Voluntary Recruitment; 3.1 Article 3(1): Higher Minimum Age; 3.2 Article 3(2): Binding Declaration; 3.3 Article 3(3): Minimum Safeguards; 3.4 Article 3(4): Strengthening of Declaration; 3.5 Article 3(5): Military Schools; 4. Article 4: Armed Groups; 4.1 Article 4(1): Recruitment or Use in Hostilities; 4.2 Article 4(2): Prevention; 4.3 Article 4(3): Legal Status of the Parties 5. Article 5: Safeguard Clause; 6. Article 6: Implementation, Dissemination, emobilisation and Recovery; 6.1 Article 6(1): Implementation and Enforcement; 6.2 Article 6(2): Dissemination; 6.3 Article 6(3): Demobilisation and Recovery; 7. Article 7: International Cooperation; 7.1 Article 7(1): Cooperation in the Implementation of the Protocol; 7.2 Article 7(2): Programmes or Fund; 8. Article 8: Reporting; 8.1 Article 8(1): Initial Reports; 8.2 Article 8(2): Periodic Reporting; 8.3 Article 8(3): Request for Further Information; 9. Article 9: Signature, Ratification/Accession; 10. Article 10: Entry into Force; 11. Article 11: Denunciation; 12. Article 12: Amendments; 13. Article 13: Authentic Versions, Deposit, Transmission of Copies.

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Book SynopsisThis volume constitutes a commentary on Article 24 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of abbreviations; Author biography; Text of article 24; Chapter I. Introduction; Chapter II. Comparison with Other International Human Rights Provisions; Chapter III. The Scope of Article 24.

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Book SynopsisThis volume constitutes a commentary on Article 17 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.Table of ContentsList of Abbreviations; Author’s Biography and Acknowledgements; Text of Article 17; Chapter One - Introduction; Chapter Two - Comparison with Related Human Rights Provisions; 1. Freedom of expression is made up of two different rights; 2. The duty to ensure a diversity in mass media sources; Chapter Three - Scope of Article 17; 1. The rules of interpretation; 2. The first sentence of Article 17; 2.1 Clause-by-clause analysis; 2.2 The implied ‘reasonableness’ element pertaining to the standard of the duty; 3. The second sentence of Article 17; 3.1 ‘States Parties shall encourage …’ ; 3.2 The six ‘shall encourage …’ paragraphs; 3.3 ‘To this end, States Parties shall …’; 3.4 Implied duties; 3.5 Is Article 17 an individually held right or a ‘group right’?; 3.6 Summary of the legal interpretation; 3.7 Legislative history; Chapter Four - Implementation of Article 17 as seen through the perspectives of the Committee; 1. Implementation as seen through the Days of Discussion; 2. Implementation as seen through the State Reports; 3. Implementation as seen through the Concluding Observations; Chapter Five - Challenges; 1. Dangers to children; 2. Media literacy; 3. Private Sector Guidelines; 4. The role of libraries in society; 5. The participation of children; 6. The Internet’s Influence on the Future; 7. Revising the Reporting Guidelines; Chapter Six - Conclusion; Bibliography; Appendix A – Concepts and Definitions; Appendix B – Society of Professional Journalists’ Code of Ethics; Appendix C – The Oslo Challenge.

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Book SynopsisThe alarmingly low health status of millions of people in many developing countries is now recognised as a major obstacle to the process of development. In response, increasing numbers of non-governmental organizations are championing the right to health of the disadvantaged, vulnerable and those living in poverty. They are using the right to health in their struggle for access to quality health services, as well as the underlying determinants of health, such as safe drinking water and adequate sanitation. In other words, the right to health, and other fundamental human rights, are seen as a way of promoting development. In a clear style and accessible format, this unique, timely and practical Manual shows health professionals, their associations and other interested non-governmental organizations, some of the practical ways in which they can promote, protect and monitor the right to health in their communities and countries. It considers the obligations of states in relation to individuals within their borders, as well as the human rights responsibilities of states beyond their borders. As befits a human rights manual, it has a particular preoccupation with the right to health of the vulnerable, marginalized and otherwise disadvantaged groups and those living in poverty.Table of ContentsForeword by Paul Hunt; Objectives of the Resource Manual; Abbreviations; Acknowledgements; Introduction – Understanding a Health and Human Rights Approach; Part I Gaining Knowledge: Understanding the Legal Framework Chapter 1 What Are Human Rights? The Legal Framework Chapter 2 What Is Meant by the Right to Health? Introduction to Part 2 Part II Moving Towards Action: Focusing on Obligations Arising from the Right to Health Chapter 3 The Nature of State Obligations Chapter 4 Focus on Core Obligations Chapter 5 Focus on Non-Discrimination and Vulnerable and Otherwise Disadvantaged Groups Chapter 6 Globalization, Obligations of Non-State Actors and International Obligations Arising from the Right to Health Introduction To Part 3 Part III Taking Action: Working with the Right to Health Chapter 7 Monitoring the Right to Health Chapter 8 Tools for Monitoring I: Working with Indicators, Benchmarks and Statistical Data Chapter 9 Tools for Monitoring II: Identifying Violations Chapter 10 Promoting the Right to Health: Activities to Promote and Protect the Right to Health at Community, National and International Levels Chapter 11 Reporting: Participation by NGOS in UN Procedures for Monitoring Compliance by Their Governments Chapter 12 Medical and Other Health Professionals: Working with the Right to Health Annex 1 Examples of International, Regional, and National Instruments Relevant to the Right to Health Annex 2 Examples of Global Goals, Targets and Indicators Relevant to Health Annex 3 Sources and Resources

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Book SynopsisThis book aims to contribute to the debate on global public goods, a debate which has been taking place for some time in the UN and the World Bank, among the regional development banks and bilaterally among states and donors. There is a need for new visions and strategies and to examine global infrastructure on the basis of the idea that global public goods, including human rights, contribute to cohesion at local, regional and international levels. The book investigates the possibilities and disadvantages of applying the idea of public goods in a global context. It explains the history of the concept and its significance for human rights. The authors include, in addition to academics, representatives from public institutions, civil society organizations, independent consultants, the media and the private sector.Table of ContentsPreface; Introduction Erik André Andersen and Birgit Lindsnæs; 1. Global public goods - concepts and definitions: The state and the citizen, Natural law as a public good Peter Wivel; Public goods, Concept, definition, and method Erik André Andersen and Birgit Lindsnæs; On human rights Lone Lindholt and Birgit Lindsnæs; The global and the regional outlook, How can global public goods be advanced from a human rights perspective?Birgit Lindsnæs2. Peace and security: Peace as a global public good Bjørn Møller; International institutions for preserving peace and security Erik André Andersen; The law of war Rikke Ishøy; The case of Bosnia and Herzegovina Erik André Andersen; 3. State and citizen, Is good governance a global public good? Hans-Otto Sano; Legal protection and the rule of law as a global public good Hans Henrik Brydensholt and Kristine Yigen; Curbing corruption: A global public good, The potential of international cooperation Kristine Yigen; Access to global public goods for socially and economically vulnerable groups Rie Odgaard and Kristine Yigen; 4. Access to information, The right to know Anders Jerichow; Internet access as a global public good Henrik Lindholt and Rikke Frank Jørgensen; Research, global public goods and welfare Peder Andersen; Education as a global public good Diego Bang; 5. examples of implementation, Health is global - and a moving target Poul Birch Eriksen, Ellen Bangsbo, Jens Kvorning, Lene Lange, Esben Sønderstrup, Uffe Torm and Ib Bygbjerg; (Fresh) water as a human right and a global public good Jannik Boesen and Poul Erik Lauridsen; The international trade system Christian Friis Bach; The global responsibility of private companies Henrik Brade Johansen, Helle Bank, Jørgensen and Jens Kvorning; 6. Conclusion, Problems and potentials in the application of global public goods Erik André Andersen, Peder Andersen and Birgit Lindsnæs; Appendices; Index.

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Book SynopsisThis volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective. All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are taken to task. Some of the essays have been previously published in a variety of legal periodicals, and have been reproduced in this volume in order to make them more widely accessible.Table of ContentsPreface; CHAPTER 1. THE RULES OF INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 2. THE CONCEPT OF “CONTINUING” VIOLATIONS OF HUMAN RIGHTS; CHAPTER 3. THE RULE OF LAW AND HUMAN RIGHTS (WITH SPECIAL REFERENCE TO THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS); CHAPTER 4. THE PROHIBITION OF DISCRIMINATION UNDER PROTOCOL 12 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 5. DETERMINING THE EXTRA-TERRITORIAL EFFECT OF THE EUROPEAN CONVENTION: FACTS, JURISPRUDENCE AND THE BANKOVIĆ CASE; CHAPTER 6. THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS OF PERSONS WITH DISABILITIES; CHAPTER 7. THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF CYPRUS v. TURKEY; CHAPTER 8. THE PROTECTION OF THE RIGHT TO PROPERTY IN OCCUPIED TERRITORIES; CHAPTER 9. FREEDOM OF EXPRESSION AND THE RIGHT TO REPUTATION; CHAPTER 10. ENVIRONMENTAL PROTECTION THROUGH THE JURISPRUDENCE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 11. QUESTIONS OF FAIR TRIAL UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS; CHAPTER 12. THE RIGHT OF ACCESS TO A COURT AND THE DOCTRINE OF POLITICAL ACTS. CHAPTER 13. THE RIGHT TO RETURN.

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Book SynopsisThe global community, dependent as always on the cooperation of nation states, is gradually learning to address the serious threats to the cultural heritage of our disparate but shared civilizations. The legacy of conquest, colonialization, and commerce looms large in defining and explaining these threats. The essays contained in this challenging volume are based on papers presented at an international conference on cultural heritage issues that took place at Willamette University . The conference sought to generate fresh ideas about these cultural heritage issues; offer a good sense of their nuances and complexities; and reveal how culture, law, and ethics can interact, complement, diverge, and contradict one another. This book seeks to accomplish these purposes. What it explores is the fact that, allong with an emerging blend of adversarial and collaborative processes to address cultural heritage issues, has come a substantial broadening of the normative framework in recent years. This framework now spans a welter of issues ranging from the creation of cultural safety zones during armed conflict, to the ongoing rectification of genocidal conquest during the European Holocaust and World War II, to the treatment of shipwrecks and their cargo, to the protection of folklore and other intangibles, to the promotion of traditional knowledge in the interest of biological diversity. All of these topics are controversial, as are the legal instruments that incorporate them, but the issues they embrace are vital to us all, whether our viewpoint is in the global arena, a national legislature, a courtroom, a classroom, an archaeological site, or a museum.Table of ContentsPreface and Acknowledgments James A.R. Nafziger and Ann M. Nicgorski; About the Editors and Authors; Introduction James A.R. Nafziger and Ann M. Nicgorski; Part I: Legacy of Indigenous Conquest Chapter 1. Who Controls Native Cultural Heritage?: “Art,” “Artifacts,” and the Right to Cultural Survival Rebecca Tsosie ; Chapter 2. Protection and Repatriation of Indigenous Cultural Heritage in the United States James A.R. Nafziger; Chapter 3. Repatriation of Cultural Material to First Nations in Canada: Legal and Ethical JustificationsCatherine Bell; Chapter 4. Taonga Maori Renaissance: Protecting the Cultural Heritage of Aotearoa/New Zealand Robert K. Paterson; Part II: Legacy of International Conquest and Colonization Chapter 5. Cultural Heritage Law: Recent Developments in the Laws of War and Occupation Sabine von Schorlemer; Chapter 6. Unraveling History: Return of African Cultural Objects Repatriated and Looted in Colonial Times Folarin Shyllon; Chapter 7. Colonization and Its Effect on the Cultural Property of Libya Nancy C. Wilkie; Chapter 8. Legal and Illegal Acquisition of Antiquities in Iraq, 19th Century to 2003 McGuire Gibson; Chapter 9. German Archaeological Institute’s Protection of Cultural Heritage in Iraq and Elsewhere in the Middle East Margarete van Ess; Part III: Protecting Cultural Heritage Today and Tomorrow (Keynote Lectures) Chapter 10. Whose Culture Is It, Anyway? Kwame Anthony Appiah; Chapter 11. Thieves of Baghdad: The Search for Iraq’s Stolen Heritage Colonel Matthew Bogdanos; Part IV: Legacy of Commerce in the Framework of International Law Chapter 12. Mythology of the Antiquities Market Ricardo J. Elia; Chapter 13. UNESCO International Framework for the Protection of the Cultural Heritage Lyndel V. Prott; Chapter 14. 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage Tullio Scovazzi; Chapter 15. Increasing Effectiveness of the Legal Regime for the Protection of the International Archaeological Heritage Patty Gerstenblith; Part V: Role of Governments Chapter 16. Preservation of Cultural Heritage: A Tool of International Public DiplomacyMaria P. Kouroupas; Chapter 17. Culture and Development: The Role of Governments in Protecting and Promoting Culture Anastasia Telesetsky; Part VI: Avoidance and Resolution of Cultural Heritage Disputes Chapter 18. Recovery of Art Looted During the Holocaust Lawrence M. Kaye; Chapter 19. Resolving Material Culture Disputes: Human Rights, Property Rights, and Crimes Against Humanity Robert K. Paterson; Chapter 20. Using UNIDROIT to Avoid Cultural Heritage Disputes: Limitation Periods Patrick O’Keefe; Part VII: Museums and Sites Chapter 21. Provenance Research: Litigation and the Responsibility of Museums Lawrence M. Kaye; Chapter 22. Museums as Sites of Reconciliation Claire L. Lyons; Index.

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Book SynopsisHuman rights law protects the rights and freedoms of individuals and groups within societies. Police officials are uniquely placed to ensure respect for, and secure protection of, those rights and freedoms. Those who exercise power on behalf of the people they serve need to be aware of the human rights standards they are required to meet, and the best practice in their fields of activity.

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Book SynopsisThe International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.Table of ContentsPreface; Acknowledgments; INTRODUCTION, Gerard Quinn and Oddný Mjöll Arnardóttir PART I FROM SOCIAL POLICY TO THE HUMAN RIGHTS LAW OF THE 21ST CENTURY 1. Disability Studies, the Social Model and Legal Developments, Rannveig Traustadóttir; 2. Future Prospects for the United Nations Convention on the Rights of Persons with Disabilities, Michael Ashley Stein and Janet E. Lord; 3. A Future of Multidimensional Disadvantage Equality? Oddný Mjöll Arnardóttir; 4. From Invisibility to Indivisibility: The International Convention on the Rights of Persons with Disabilities, Ida Elisabeth Koch PART II THE EUROPEAN CONTEXT 5. The United Nations Convention on the Rights of Persons with Disabilities and European Disability Law: A Catalyst for Cohesion? Anna Lawson; 6. Breaking New Ground: The Implications of Ratification of the UN Convention on the Rights of Persons with Disabilities for the European Community, Lisa Waddington; 7. The Protection of the Rights of Persons with Disabilities in the Case Law of the European Court of Human Rights, Davíð Þór Björgvinsson; 8. Extracting Protection for the Rights of Persons with Disabilities from Human Rights Frameworks: Established Limits and New Possibilities, Colm O´Cinneide PART III BRINGING THE TREATY HOME 9. General Themes Relevant to the Implementation of the UN Disability Convention into Domestic law: Who is Responsible for the Implementation and How should it be Performed? Holger Kallehauge; 10. Resisting the ‘Temptation of Elegance’: Can the Convention on the Rights of Persons with Disabilities Socialise States to Right Behaviour? Gerard Quinn; 11. The Implementation of the UN Convention and the Development of Economic and Social Rights as Human Rights, Brynhildur G. Flóvenz; 12. The UN Convention in Nordic Domestic law - Lessons Learned from other Treaties, Ragnhildur Helgadóttir; NOTES ON CONTRIBUTORS; INDEX.

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Book SynopsisThis volume explores the role of the ECtHR in protecting marginalised individuals and minorities. What factors and conditions have led growing numbers of such individuals and minorities to pursue their rights and freedoms in front of the ECtHR and how has the latter responded to these? Does the Convention and the jurisprudence of the Strasbourg Court enhance the protection of vulnerable groups at the national level and expand their rights? Or do they mainly tend to fill in relatively minor gaps or occasional lapses in national rights guarantees? Comprising a set of eight country-based case studies, this volume examines litigation on behalf of marginalised individuals and minorities, and the relevant ECtHR jurisprudence across the following countries: Austria, Bulgaria, Germany, Greece, France, Italy, Turkey and the UK.Trade Review"Overall, this volume offers a landmark analysis of processes and forces that have contributed to shape the mechanisms for human rights protection of minorities and disadvantaged individuals and groups in the interface between national contexts and Europe’s supranational legal system. Moreover, the processes described and explained in this book also shed light more generally on the complex relationships between actors and institutions involved in the working of the European human rights regime, and provide elements to analyze the recent evolution of the ECtHR. A final consideration regards the impressive methodology that sustains the structure of this book. It is, in fact, an excellent example of how a wide collaborative project can result in a cohesive and well-integrated volume. The book is superbly well-edited, and one of its strengths is that the country studies are developed following a consistent methodological layout, which makes this work an extraordinary resource as well as a solid base for further cross-country comparative studies in the European context, as well as for comparison with the role of human rights courts in other regional settings." Alba Ruibal, European Journal of Legal Studies, Vol. 4, Issue 1 (Summer 2011), p.225-230.Table of ContentsAcknowledgments; Table of Cases;List of Contributors; 1. The Strasbourg Court, Democracy and the Protection of Marginalised Individuals and Minorities Dia Anagnostou; 2. Protecting Individuals from Vulnerable Groups and Minorities in the ECtHR: Litigation and Jurisprudence in Austria Kerstin Buchinger, Barbara Liegl and Astrid Steinkellner; 3. Protecting Individuals from Minorities and Other Vulnerable Groups in the European Court of Human Rights, Litigation and Jurisprudence: The Case of Bulgaria Yonko Grozev; 4. Protecting Individuals from Minorities and Vulnerable Groups in the European Court of Human Rights: Litigation and Jurisprudence in France Emmanuelle Bribosia, Isabelle Rorive and Amaya Úbeda de Torres; 5. The Protection of Marginalised Individuals and Minorities in Germany: The Role of National and European Judicial Mechanisms Christoph Gusy and Sebastian Müller; 6. The European Court of Human Rights in Greece: Litigation, Rights Protection and Vulnerable Groups Evangelia Psychogiopoulou; 7. Protecting Individuals Belonging to Minority and Other Vulnerable Groups in the European Court of Human Rights: Litigation and Jurisprudence in the Italian System Serena Sileoni; 8. Protecting Marginalised Individuals and Minorities in ECtHR: Litigation and Jurisprudence in Turkey Dilek Kurban; 9. The European Court of Human Rights in the UK: Litigation, Rights Protection and Minorities Susan Millns, Christopher Rootes, Clare Saunders and Gabriel Swain; 10. Conclusions Yiorgos Kaminis; References; Index.

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Book SynopsisThroughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.Trade Review"Like the breadth of Professor Reisman's scholarship, this valuable collection has not compromised the depth that it offers. Readers seeking influential analyses of the not-so-easy to pigeonhole complexities of International Law will truly admire this insightful contribution to the letter and spirit of excellence in academic scholarship." American Society of International Law, Issue 42 (2011)Table of ContentsFor a full table of contents please check under the heading 'Extra' on this web page. Acknowledgements; Introduction; W. Michael Reisman: Publications; Part I W. Michael Reisman, The Person Chapter 1 An Appreciation Rosalyn Higgins; Chapter 2 Michael Reisman, Dean of the New Haven School of International Law Harold Hongju Koh; Chapter 3 L’honneur des juristes Prosper Weil; Chapter 4 Michael Reisman, Human Dignity, and the Law Siegfried Wiessner; Part II Theory About Making and Applying Law Chapter 5 Law as a Process of Communication: Reisman Meets Habermas Adeno Addis; Chapter 6 The Uses and Abuses of Illusion in International Politics Mahnoush H. Arsanjani; Chapter 7 Prelude to Decision: Michael Reisman, the Intelligence Function, and a Scholar’s Study of Intelligence in Law, Process, and Values James E. Baker; Chapter 8 Prologue to a Theory of Non-Treaty Norms Daniel Bodansky; Chapter 9 How Nongovernmental Actors Vitalize International Law Steve Charnovitz; Chapter 10 Between Façades and Operational Codes: Michael Reisman’s Jurisprudence of Suspicion Menachem Mautner; Chapter 11 Scholarship as Law Jan Paulsson; Chapter 12 Between Minimum and Optimum World Public Order: An Ethical Path for the Future Steven R. Ratner; Chapter 13 The Users of International Law Emmanuel Roucounas; Chapter 14 Rethinking Choice of Law: What Role for the Needs of the Interstate and International Systems? Gary J. Simson; Chapter 15 More Than What Courts Do: Jurisprudence, Decision, and Dignity—In Brief Encounters and Global Affairs Robert D. Sloane; Chapter 16 Reconfiguration of Authority and Control of the International Financial Architecture Eisuke Suzuki; Chapter 17 Remarks on Sovereignty in the Evolving Constitutional Features of the International Community Attila Tanzi; Chapter 18 International Law as a Coherent System: Unity or Fragmentation? Christian Tomuschat; Chapter 19 Entrenchment—Human and Divine: A Reflection on Deuteronomy 13:1-6 J.H.H. Weiler; Chapter 20 Obligation of Result Versus Obligation of Conduct: Some Thoughts About the Implementation of International Obligations Rüdiger Wolfrum; Part III Making and Applying Human Rights Law Chapter 21 Secession or Independence—Self-Determination and Human Rights: A Japanese View of Three Basic Issues of International Law Concerning “Taiwan” Nisuke Ando; Chapter 22 Reflections on the Torture Policy of the Bush Administration (2001–2008) M. Cherif Bassiouni; Chapter 23 Waivers in International and European Human Rights Law Lucius Caflisch Chapter 24 Reflections on the Current Prospects for International Criminal Justice Antonio Cassese; Chapter 25 Human Rights and World Public Order: Major Trends of Development, 1980–2010 and Beyond Lung-chu Chen; Chapter 26 U.N. Human Rights Council Fact-Finding Missions: Lessons from Gaza Christine Chinkin; Chapter 27 Choice of Gender Identity in International Human Rights Law Aaron Xavier Fellmeth; Chapter 28 The International Protection of Human Rights as an Element of World Order Jochen Abr. Frowein; Chapter 29 Toward Minimum Standards for Regional Human Rights Systems Christof Heyns and Magnus Killander; Chapter 30 Sabbatino, Sosa, and “Supernorms” Kenneth C. Randall and Chimene I. Keitner; Chapter 31 Some Remarks about the Realistic Idealism of the European Court of Human Rights Luzius Wildhaber; Part IV Making and Applying Investment and Trade Law Chapter 32 Investments, Fair and Equitable Treatment, and the Principle of “Respect for the Integrity of the Law of the Host State”: Toward a Jurisprudence of “Modesty” in Investment Treaty Arbitration Guillermo Aguilar Alvarez and Santiago Montt; Chapter 33 The Once and Future Foreign Investment Regime Jose E. Alvarez; Chapter 34 The Interpretation of National Foreign Investment Laws as Unilateral Acts Under International Law David D. Caron; Chapter 35 State Succession and Commercial Obligations: Lessons from Kosovo Tai-Heng Cheng; Chapter 36 Emergency Clauses in Investment Treaties: Four Versions Rudolf Dolzer; Chapter 37 Deconstruction of Constitutional Limitations and the Tariff Regime of the Philippines: The Strange Persistence of a Martial Law Syndrome Florentino P. Feliciano; Chapter 38 Softening Necessity Francisco Orrego Vicuna; Chapter 39 Truth and Efficiency: The Arbitrator’s Predicament William W. Park; Chapter 40 The Future of Investment Arbitration Christoph Schreuerv; Chapter 41 The Domestic Decision-Making Process and Its Implications for International Commitments: American Beef in Korea Hi-Taek Shin; Chapter 42 Dissenting Opinions by Party-Appointed Arbitrators in Investment Arbitration Albert Jan van den Berg; Chapter 43 China’s Practice in International Investment Law: From Participation to Leadership in the World Economy Guiguo Wang; Part V Making and Applying Law for the Resources of the Planet Chapter 44 On Rocks and Maritime Delimitation Bernard H. Oxman; Chapter 45 The Future of International Water Law: Regional Approaches to Shared Watercourses? Salman M.A. Salman; Part VI Making and Applying Law to the Use of Force Chapter 46 The Law on Asymmetric Warfare Eyal Benvenisti; Chapter 47 Precautionary Self-Defense and the Future of Preemption in International Law Elli Louka; Chapter 48 Le programme nucléaire de l’Iran et le régime de non-prolifération nucléaire Djamchid Momtaz; Chapter 49 U.N. Realities Nicholas Rostow; Part VII Making and Applying Law by International Tribunals Chapter 50 The Principle of Competence de la Competence in International Adjudication and Its Role in an Era of Multiplication of Courts and Tribunals Laurence Boisson de Chazournes; Chapter 51 Shaping the Future of International Law: The Role of the World Court in Law-Making Alain Pellet; Chapter 52 Gorbachev Embraces Compulsory Jurisdiction Stephen M. Schwebel; Contributors and Editors.

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Book SynopsisThis book investigates the concepts of equality and dignity under same-sex marriage jurisprudence. Having surveyed the multinational developments of same-sex marriage and arguments from proponents and opponents, the writer studies the two concepts with an aim to revealing their inadequacies as grounds for contentious rights claims such as same-sex marriage. To truly live up to the spirit of equality and equal dignity, the writer argues that the seemingly uncompromising disagreement over the issue requires people to explore common ground to make room for deliberation. It also requires the disagreeing parties to acknowledge that their disagreement is about the best interpretation of fundamental values that everyone shares, and not confrontation between conflicting worldviews neither of which is comprehensible to the other.Table of ContentsExcerpt of table of contents: Acknowledgments; List of Cases; Introduction; Chapter 1 Same-sex Marriage: History, Law, and Disagreements Chapter 2 The Classic Concept of Equality and the Case for Same-sex Marriage Chapter 3 Human Dignity and Same-sex Marriage Chapter 4 Human Dignity and its Role in the Equality Jurisprudence Looking Back and Looking Forward Bibliography, Index.

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Book SynopsisThe right to life stands at the heart of human rights protection. Individuals cannot enjoy any of the rights guaranteed to them unless their physical existence is ensured. All human rights instrument list the right to life as the first one of their safeguards. Nonetheless, in many situations human life finds itself under structural threat. Although obligated by law to protect the right to life, State authorities time and again engage in deliberate acts of killing. Fortunately, international review bodies have devised many imaginative counter-strategies. Another one of those structural threats is global warming. Obviously, armed conflict puts human life inevitably at risk; the limits of the ‘license to kill’ given by the laws of war must be scrupulously observed.Table of ContentsForeword; Part I. Introduction 1. Christian Tomuschat, The Right to Life – Legal and Political Foundations; Part II. The Right to Life as Defence against State Interference 2. Walter Kälin, ‘Death is different’ – The Death Penalty and the Right to a Fair Trial; 3. Paul Tavernier, Le recours à la force par la police; 4. Vera Rusinova, The Duty to Investigate the Death of Persons Arrested and/or Detained by Public Authorities; 5. Georg Nolte, The Bundesverfassungsgericht on the German Aerial Security Law: A Sonderweg from the Perspective of International Law?; 6. Rafaëlle Maison, Le crime de génocide dans la jurisprudence internationale : débats et hypothèses; Part III. The Right to Life in Situations of Armed Conflict 7. Vera Gowlland-Debbas, The Right to Life and the Relationship between Human Rights and Humanitarian Law; 8. Nils Melzer, The ICRC’s Clarification Process on the Notion of Direct Participation in Hostilities under International Humanitarian Law; 9. Stefan Oeter, Collateral Damages – Military Necessity and the Right to Life; 10. Michael Bothe, The Status of Captured Fighters in Non-International Armed Conflict; 11. Philippe Weckel, Les « combattants irréguliers » en situation d’occupation militaire; 12. Stefanie Schmahl, Targeted Killings – A Challenge for International Law?; 13. Hélène Tigroudja, Assassinats ciblés et droit à la vie dans la jurisprudence de la Cour suprême israélienne; Part IV. A Right of Resistance? 14. Jean d’Aspremont, Le tyrannicide en droit international; Part V. Positive Obligations Deriving from the Right to Life? 15. Emmanuel Decaux, Le droit à la vie et le droit à une alimentation suffisante; 16. Eibe Riedel, The Right to Life and the Right to Health, in particular the Obligation to Reduce Child Mortality; 17. Astrid Epiney, ‘Réfugiés écologiques’ et droit international; Part VI. Conclusions 18. Pierre d’Argent, Conclusions générales : « Le droit à la vie en tant que jus cogens donnant naissance à des obligations erga omnes ? » Contributors (Biographical Notes).

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Book SynopsisThis edited collection has sought contributions from some of the foremost scholars of refugee and Internally Displaced Persons (IDP) studies to engage with the conceptual and practical difficulties entailed in realising how the Responsibility to Protect (R2P) can be fulfilled by states and the international community to protect vulnerable persons. Contributors to this book were given one theme: to consider, based on their experience and knowledge, how R2P may be aligned with the protection of the displaced. Contributions explore the history and progress so far in aligning R2P with refugee and IDP protection, as well as examining the conceptual and practical issues that arise when attempting to expand R2P from words into deeds.Table of ContentsForced Migration, the Refugee Regime and the Responsibility to Protect, by Susan Martin; Reconciling R2P with IDP Protection, by Roberta Cohen; Something Old, Something New, Something Borrowed…Something Blue? The Protection Potential of a Marriage between R2P and IDPs, by Erin Mooney; EU Migration Policy: Evolving Ideas of Responsibility and Protection, by Emma Haddad; Regime-Induced Displacement and Decision-Making within the United Nations Security Council: The Cases of Northern Iraq, Kosovo, and Darfur, by Phil Orchard; Protection of Civilians in Uncivil Wars, by Alex J. Bellamy and Paul D. Williams, Protection of Persons in the Event of Natural Disasters, by Sara E. Davies; The International Community’s Responsibility to Protect, by Luke Glanville

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Book SynopsisThis work outlines available resources and proposed standards for international NGO fact-finding missions: Chapter One presents an introduction to the issue of NGO fact-finding. Chapter Two discusses the problems caused by the lack of any generally-accepted guidelines for NGO fact-finding, in contrast with contexts where NGOs have achieved consensus. Chapter Three surveys proposed guidelines for human rights and humanitarian NGOs. In addition, this section examines United Nations fact-finding standards, as well as examples of internal fact-finding standards for major NGOs. Chapter Four analyzes the fact-finding standards used in five specific cases: the International Crisis Group (Kosovo, 1999), the Independent International Fact-Finding Mission on the Conflict in Georgia (Georgia, 2008), United Nations Office of the High Commissioner for Human Rights Mapping Exercise on the Democratic Republic of Congo (1993-2003), Conflict Analysis Resource Center/University London study on Amnesty International and Human Rights Watch (Colombia, 1988-2004), and Human Rights Watch (Lebanon, 2006). The final chapter offers conclusions and recommendations.Table of ContentsAbout the Authors; About NGO Monitor; Acknowledgements CHAPTER ONE: INTRODUCTION CHAPTER TWO: THE NEED FOR STANDARDIZED FACT-FINDING METHODOLOGY CHAPTER THREE: GUIDELINES FOR NGOS CHAPTER FOUR: FACT-FINDING CASE STUDIES A) Documenting Violations of International Humanitarian Law in Kosovo (1999)—The International Crisis Group B) The International Fact-Finding Mission on the Conflict in Georgia (2008) C) Democratic Republic of Congo Mapping Exercise (1993-2003)—UN Office of the High Commissioner for Human Rights D) The Work of Amnesty International and Human Rights Watch: Evidence from Colombia (1988-2004) – Conflict Analysis Resource Center/University of London E) Human Rights Watch and the Lebanon War (2006) CHAPTER FIVE: ANALYSIS AND CONCLUSIONS APPENDICES; BIBLIOGRAPHY; INDEX .

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Book SynopsisFor decades, Professor Michael Freeman has without doubt been one of the world's most infuential scholars in international children's rights. His scholarship has been at the forefront of the field and has helped shape many of the developments within it. This collection offers the reader a thought-provoking snapshot of some of his most seminal essays, written and/or published over the past 30 years. Together they highlight above all the interdisciplinary nature of the issues he discusses. Legal doctrinal questions that make the case for recognising that children have rights are of course discussed. But aspects of moral and political philosophy are dealt with as well, in addition to, among other other disciplines, history, theology, psychology and antropology.

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Book SynopsisIn 1997, The Raoul Wallenberg Institute Compilation of Human Rights Instruments was published by Martinus Nijhoff Publishers as the first volume in the series “The Raoul Wallenberg Institute Human Rights Library”. In 2004, the second edition of that Compilation was published, and the present publication is the third, revised edition of the book. Since the second edition of the Compilation went out of print, major human rights treaties have entered, or are about to enter, into force, and a number of non-treaty instruments have been adopted. The dynamic development in international human rights law and the increasing number of instruments have brought about a revision in the selection of instruments to be included in this new edition of the Compilation. Like in the previous editions, the selection of instruments is based on the experience acquired by staff of the Raoul Wallenberg Institute; most of the reproduced texts are the subject of frequent references in courses, seminars and workshops organized by the Institute. The chosen treaties and non-treaty instruments are either universal or regional; some of them are of a general nature while others have specific or specialized contents. They cover, among others, civil, political, economic, social, cultural and solidarity rightsTable of ContentsI. Universal Instruments – General Part II. Regional Instruments – General Part III. Race IV. Women V. Religion VI. Children VII. Minorities and Indigenous Peoples VIII. Refugees and Migrants IX. Disabled Persons X. Education XI. Labour Standards XII. Torture XIII. Criminal Justice XIV. International Crimes XV. Intergovernmental Organizations

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Book SynopsisIn Beyond Parliament Horman Chitonge offers a unique combination of the conceptual dimensions with the practical examples of human rights discourse deployed as an instrument for social change in the global south. He uses the right to water and the right to food to illustrate that human rights are never given on a silver platter; giving effect to human rights is always an outcome of a continuous struggle to protect human dignity and value. To implement this view of human rights, the book argues, requires going beyond the parliamentary politics of recognising and acknowledging human rights in statutes and bill of rights to the radical democratic politics of giving effect to the recognised rights, especially among the poor and marginalised.Table of ContentsTables and Figures; Acronyms; 1 The Politics of Eating and Drinking 2 The Human Rights Discourse: An Overview 3 Human Rights Development: Building Bridges 4 Human Rights in Democratic Politics 5 The Right to Water: Foundation, Content and Scope 6 The Right to Food: Origin, Content and Scope 7 The Rights to Water and Food in International and Local Politics 8 The Rights to Water and Food: Strategies and Lessons from Global South Bibliography; index.

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Book SynopsisThis book is designed to provide an overview of the development and substance of international human rights law, and what is meant concretely by human rights guarantees, such as civil and political rights, and economic and social rights. It highlights the rights of women, globalization and human rights education. The book also explores domestic, regional and international endeavors to protect human rights. The history and role of human rights NGOs coupled with an analysis of diverse international mechanisms are succinctly woven into the text, which well reflects the scholarship and erudition of the authors. This lucidly written and timely volume will be of great help to anyone seeking to understand this area of law, be they students, lawyers, scholars, government officials, staff of international and non-international organizations, human rights activists or lay readers. Originally published in hardcover.Trade Review"The book is highly informative and thought-provocative." Professor Dr Tareq M R Chowdhury, globallawbooks.org August 2011. "The collection under review is a welcome addition to the already massive body of literature on the protection of human rights under international law. The essays provide a useful introduction to the main issues of that arise in this area of international law. The collection also offers a fascinating African perspective on the promotion and protection of human rights under international law. The chapters of globalisation, NGOs and human rights education, in particular, are illuminating and include useful bibliographic references that provide an excellent basis for further research." Anthony E Cassimatis, LAWASIA Journal, 2011, pp. 135-142.Table of ContentsPreface List of Contributors Introduction Progressive Nuances in International Human Rights Paradigm 1. The Historical Development of International Human Rights, Michelo Hansungule 1. Introduction 2. Some Historical Perspectives on Human Rights 3. Universal Rights 4. The European View 5. Human Rights as Moral Ideas in Diverse Societies, Religions, and Cultures 6. Africa 7. Middle East (Islamic World) 8. Asia 9. Post-War Developments 10. Conclusion 2. Civil and Political Rights, Joshua Castellino 1. Introduction 2. The Covenant 3. The Rights Package 4. Future Challenges 3. An Introduction to Economic, Social and Cultural Rights: Overcoming the Constraints of Categorization through Implementation, Vinodh Jaichand 1. Introduction 2. Historical Development 3. Similarities and Differences in Content of ICCPR and ICESCR 4. The Norms and Enforcement 5. On Justiciability: An Example of the Protection of ESC Rights in a Region 6. On Justiciability: Domestic Enforcement 7. Conclusion 4. Women’s Rights in International Law, Mmatsie Mooki, Rita Ozoemana, Michelo Hansungule 1. Introduction 2. Recognition of Women’s Rights: United Nations Charter and the International Bill of Rights 3. Women’s Rights in other United Nations Convention 4. Convention on the Elimination of all forms of Discrimination against Women 5. United Nations Groundbreaking Conferences 6. Violence Against Women 7. Conclusion 5. Globalization and Human Rights, Heli Askola 1. Introduction 2. Globalization 3. Economic Globalization and Human Rights 4. Political, Social and Cultural Globalization and Human Rights 5. Conclusion 6. Role of the UN in the Promotion and Protection of Human Rights, Elvira Domínguez-Redondo 1. Introduction 2. From Codification to Efficiency: The Different Phases of the Human Rights Discourse within the United Nations 3. Normative Development of the UN System of Protection and Promotion of Human Rights 4. “Charter-based” and “Treaty-based” Monitoring Mechanisms: Public Special Procedure and the Work of the Committees 7. Attributes of Successful Human Rights on-Governmental Organizations (NGOs) – Sixty Years After the 1948 Universal Declaration of Human Rights, George E. Edwards 1. Introduction 2. NGOs & Human Rights NGOs 3. Ten Characteristics of Successful Human Rights NGOs 4. NGO Self-Regulation Via Codes of Conduct and Ethics 5. Conclusion 8. Do States have an Obligation under International Law to Provide Human Rights Education?, Paula Gerber 1. Introduction 2. Human Rights Education (HRE) in International Law 3. Obstacles to the Realization of HRE 4. Conclusion 9. Application of International Standards of Human Rights Law at Domestic Level, Joshua Castellino 1. Introduction 2. The Codification of International Human Rights Standards as Law 3. Domestic Implementation of Rights: The ‘Engine Room’ of Universal Instruments of Human Rights 4. Conclusion 10. Role of Regional Human Rights Instruments in the Protection and Promotion of Human Rights, Azizur Rahman Chowdhury, V. Seshaiah Shasthri, Md. Jahid Hossain Bhuiyan 1. Introduction 2. European Human Rights Treaties and Their Implementation 3. The Inter-American Convention on Human Rights, 1969 4. The African Charter on Human and Peoples’ Rights, 1981 5. Concluding Remarks Index

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Book SynopsisThe book is meant to elucidate the concept of justice and its dictates in the various fields of life as well as the implications of injustice. Human rights, the rule of law and democracy are the offspring of justice. The Judiciary is the agent of justice, the persona of justice, trusted to uphold justice in the ever-changing circumstances of life. Of old, justice was perceived as encompassing all virtues. It has a pananthropic character charting the way for symmetry in life and the ascent of man. The book has a lego-philosophical character of interest to every anthropological and societal discipline.Table of ContentsDedication; Acknowledgments; PREFACE; PART I JUSTICE 1. Introduction 2. Justice 3. Justice and the Law 4. Justice and Human Rights 5. Justice and Human Nature 6. Justice and Constitutionalism 7. Justice and Morality 8. Justice and Peace 9. Justice in Daily Life 10. Justice and Politics PART II THE JUDICIARY 11. Object and Purpose 12. The Mission of the Judiciary 13. Criminal Law 14. Revisional Jurisdiction 15. Constitutional Jurisdiction 16. Judges 17. Fair Trial 18. The Requisites of a Fair Trial 19. Selection of Judges 20. International Judiciary 21. Exercise of Judicial Duties 22. Administration of Justice within a reasonable time 23. Fact-Finding process 24. Evaluation of Reasonableness of time 25. Elements of a Reasoned Judgment 26. Standard of Proof in Criminal Cases 27. Joinder of Offences – Joinder of Offenders 28. Reasoning of Judgment in Trials before Judge and Jury 29. Sentence Reasoning 30. Burden of Proof in Civil cases 31. Punishment of Crime 32. Procedural Rules 33. Epilogue 34. Index Annex

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Book SynopsisIn Unity in Connectivity? Evolving Human Rights Mechanisms in the ASEAN Region, Vitit Muntarbhorn discusses developments concerning the growth of human rights institutions and processes in the regional space known as the Association of Southeast Asian Nations (ASEAN). Several countries have now set up national human rights commissions. At the regional level, the ASEAN Intergovernmental Commission on Human Rights was established recently. This is complemented by a sectoral body dealing with women’s and children’s rights, and another body dealing with migrant workers. Vitit Muntarbhorn analyses these developments from the angle of key challenges facing the region, the need for more checks and balances, and prospects for more effective protection of human rights. This publication has been facilitated by the Ateneo Human Rights Centre of Ateneo de Manila University, the Philippines.Table of ContentsPreface; Chapter 1 The Context: Human Rights in the ASEAN Region Chapter 2 The Setting: Initiatives at the National Level A. Countries i.The Philippines ii.Indonesia iii.Thailand iv.Malaysia B. Other Institutions and Processes C. Stakeholders/Actors D. Promotion and Protection ? Chapter 3 Developing Regional Mechanisms: Process and Progress A. Background B. Initial Developments in ASEAN C. Human Rights Activities and Community-Building D. ASEAN Charter E. Drafting the Terms of Reference (TOR) of the ASEAN human rights mechanism F. The TOR of the ASEAN Intergovernmental Commission on Human Rights G. The Other Mechanisms: on Women/Children and on Migrant Workers H. Role of Civil Society I. Observations Chapter 4 Concerns and Challenges A. Conceptualization and/or Implementation ? B. Promotion and/or Protection ? C. International Law and/or National Law ? D. Non-interference and/or International Jurisdiction ? E. Institution-building and/or Popularized Process ? Chapter 5 ASEAN Inter-Connection A. Effective Mechanisms: National and Regional B. Dispute Settlement and Settlement C. An ASEAN Court D. People’s ASEAN E. ASEAN Convention F.Systemic Inter-Connection Select Bibliography; Appendices; Index.

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Book SynopsisThis collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.Table of ContentsExcerpt of table of contents: I. About the Authors and Editors II. Foreword III. Acknowledgements IV. Introduction Part One – Addresses from the Joakim Dungel Lectures in International Justice V. An Analysis of Whether the Actions of the 7th Cavalry at Wounded Knee Creek on 29 December 1890 Were Crimes Under the Applicable Law of the Time VI. About Responsibility VII. Drones and the Law of Armed Conflict: the State of the Art Part Two – The Protection of Non-Combatants During Armed Conflict VIII. Protecting Children in Armed Conflict Through Complementary Processes of Political Engagement and International Criminal Law IX. Target practice: Do United Nations Sanctions Protect Civilians against Al-Qaida? X. The United Nations in Afghanistan: Policy as Protection? XI. A Deterrent Effect of Domestic German Prosecutions for Crimes Committed by German Military in Afghanistan? – Protecting Civilians from Inadvertent Attacks by Friendly Foreign Forces XII. Criminalising the Denial of a Fair Trial as a Crime Against Humanity XIII. The Place of International Criminal Law Within the Context of International Humanitarian Law XIV. Disproportionate Attacks in International Criminal Law XV. Judicial ‘Law-Making’ in the Jurisprudence of the ICTY and ICTR in Relation to Protecting Civilians from Mass Violence: How Can Judge-Made Law be Brought into Coherence with the Doctrine of the Formal Sources of International Law? XVI. The African Court on Human and Peoples’ Rights and the Use of Provisional Measures for the Protection of the Civilian Population in Armed Conflict Situations Part Three – Safeguarding the Rights of Victims in Post-Conflict Society XVII. Promoting and Protecting the Long-term Needs of Victims of Armed Conflict: The Potential Role of National Human Rights Institutions XVIII. La Reconnaissance du Bénéfice de l’Indemnisation aux Victimes de Violations des Droits de l'Homme par la Cour Internationale de Justice XIX. The ICC Reparations Scheme: Promise for Victims or Recipe for Failure? – A Critical Discussion of Joakim Dungel’s Unpublished Article ‘Reparations and the ICC: Is the Court Ready for the Job?’ XX. Index.

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Book SynopsisFor the Liber Amicorum, dedicated to Professor Budislav Vukas, his colleagues and former students have contributed essays on topical issues of contemporary international law, primarily in the fields that were the focus of Professor Vukas’s interest during his long-lasting academic and international career at the University of Zagreb, Faculty of Law, the International Tribunal for the Law of the Sea, the International Labour Organization, the Institut de Droit International and many other law schools and international institutions and organizations. The essays in this collection, thus, deal with current developments concerning the subjects of international law (i.a. jurisdictional immunities of states, responsibility of states, international organizations, other non-state entities), the law of the sea (i.a. jurisdictional zones, delimitation, piracy, underwater cultural heritage protection, fisheries, land-locked states), human rights law, including minorities’ protection (i.a. European Court of Human Rights, humanitarian assistance, protection in the event of disasters, social and labour rights, rights of the child), and dispute settlement (i.a. International Court of Justice, International Tribunal for the Law of the Sea, arbitration, diplomatic means). Of the 49 essays written by scholars and practitioners from different parts of the world six are in French.

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Book SynopsisThis book has emerged out of the author's experience as Director of an innovative peacemaking, peacekeeping and humanitarian initiative, the International Conference on the Former Yugoslavia, between 1992 and 1996. What was striking about this conference was the experiment of two full-time Co-Chairmen, one from the United Nations and one from the European Union, who laboured tirelessly for peace in different parts of the former Yugoslavia for three and a half years. The strategies and organization of the conference had to be pieced together from the start by the Co-Chairmen and their colleagues; only in retrospect could the question whether there might have been experiences of international peace conferences that might have been useful at the beginning of this process be reviewed. This research is contained in Part One of this book, which offers a review of the role of international peace conferences in history. Part Two contains a case study of the strategies and experiences of the International Conference on the Former Yugoslavia.Table of ContentsPreface; Foreword: Martti Ahtisaari; Part One: International Peace Conferences Introduction Chapters I. International Peace Conferences : A Historical Overview II. The Institutional Architectures III. Conflict Prevention IV. Peacemaking V. Peacekeeping VI. Peacebuilding VII. Human Rights VIII. Justice Conclusion Part Two: The Art of The Possible in UN Peacemaking, Peacekeeing and Humanitarianism: Yugoslavia 1992 - 1996 Introduction: The UN Idea and the Art of the Possible Chapters I. Conflict Containment and Prevention: Successes and Misses A. Containment in Croatia B. Successful Prevention in Macedonia C. Successful Prevention on Geece-Macedonia D. International Monitors on the Drina E. Miss on Kosovo? II. Peacemaking: Success on Greece-Macedonia III. Peacemaking: Success on the Danube Region of Croatia IV. Peacemaking: Successes and Sabotage on Bosnia V. Humanitarianism: Heroism in the Face of Inhumanity VI. Peacekeeping in the face of Ingratitude, Opportunism, and Treachery VII. Peacekeeping: Negotiating the Peacekeeping Mandate in Croatia VIII. Human Rights: How to Protect in the Heart of Darkness? IX. Political Leadership: The First War-Time SRSG Conclusion: The UN Served Magnificently in Practising the Art of the Possible Bibliography; Index.

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Book SynopsisIn Responsibility to Protect and Women, Peace and Security: Aligning the Protection Agendas, editors Sara E. Davies, Zim Nwokora, Eli Stamnes and Sarah Teitt address the intersections of the Responsibility to Protect (R2P) principle and the Women, Peace, and Security (WPS) agenda. Contributions from policy-makers and academics consider both the merits and the utility of aligning the protection agendas of R2P and WPS. A number of actionable recommendations are made concerning a unification of the agendas to best support the global empowerment of women and the prevention of mass atrocities.Table of ContentsIntroduction Sara E. Davies, Zim Nwokora, Eli Stamnes and Sarah Teitt Chapter One The responsibility to protect: Integrating gender perspectives into policies and practices Eli Stamnes Chapter Two Translating UNSCR 1325 into Practice: Lessons Learned and Obstacles Ahead Katrina Lee Koo Chapter Three WPS and R2P: Theorising Responsibility and Protection Lucy Hall and Laura J. Shepherd Chapter Four Responsibility to Protect or Prevent? Victims and perpetrators of sexual violence crimes in armed conflicts Inger Skjelsbæk Chapter Five Gender-sensitive protection and the Responsibility to Prevent: Lessons from Chad John Karlsrud and Randi Solhjell Chapter Six Implementing UN Security Council Resolution 1325: Putting the Responsibility to Protect into Practice Sahana Dharmapuri Chapter Seven Beyond ‘Cultural Constraint’: Gender, Security and Participation in the Pacific Islands Nicole George Chapter Eight The Obstacles of Aligning Women Peace and Security and the Responsibility to Protect in UN Practice Melina Lito

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Book SynopsisClemens N. Nathan has devoted a lifetime to the pursuit of Human Rights – to understanding and reflecting upon the concept of Human Rights; to participating in, and sometimes helping to create, organisations and mechanisms for the protection and promotion of Human Rights; to helping those who have been denied their Human Rights and to encouraging and supporting research into and scholarship on Human Rights. All this has been achieved by a man who has had no formal training in the field, but who has become a recognised expert through his extensive reading, through working with leading exponents, and by drawing upon his lively intellect, his wealth of culture and his knowledge of history, philosophy and religions. This volume, published under the auspices of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, offers insight into the challenging relationship between religion and human rights.Trade Review"Drawing on his own personal experience of persecution, Clemens Nathan has produced a wide-ranging and fascinating treatment of the relation of human rights and religion today, which makes a welcome contribution to current debates.” The Rev Prof Richard A. Burridge FKC, Dean of King’s College London & Professor of Biblical Interpretation. “Clemens Nathan weaves together a fascinating, personal and profound reflection on the relationship between religion and human rights. Anyone interested in the role religion plays in society today will benefit from reading this book.” Dr Edward Kessler, Woolf Institute of Abrahamic Faiths, Cambridge, UK. “This is a remarkable study from someone who both understands the theory of human rights discourse and at the same time has lived within many of the practical debates. It is informed, rich, and powerful. I recommend it highly.” Rev Prof Ian Markham, Professor of Theology and Ethics and Dean of Hartford Seminary, USA.Table of ContentsForeword; Table of Contents; Preface; Acknowledgements; 1 Introduction; 2 Human Rights: Origins and Definitions; 3 The Scope of Religion: Some Contemporary Views; 4 Delineating the Interplay between Rights and Religion 5 The Impact of Religious Symbolism in Europe: Wearing the Hijab and Burqha; 6 The Decline of Capital Punishment; 7 Religion for Rights: The Success of Establishing Rights through Religion; 8 Conclusion; 9 Appendices; An Autobiographical Sketch; Index.

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Book SynopsisThis collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.Table of ContentsIntroduction Alison Diduck, Noam Peleg, and Helen Reece I Law and Stories: Culture, Religion and Philosophy Professing Jurisprudence Roger Cotterrell Laws, Values, Cultures John Eekelaar Philosophy of Law: Secular and Religious (With Some Reference to Jewish Family Law) Bernard S. Jackson Rules of Forgiveness and the Role of Narratives in Talmudic Law David Nelken The People’s Choice: Law in Culture and Society Lawrence M. Friedman ‘A Child’s Mind as a Blank Book’: Myth, Childhood, and the Corporation Anne McGillivray II Law and Rights Taking Children’s Rights Seriously: The Need for a Multilingual Approach John Tobin The Jurisprudence of Making Decisions Affecting Children: An Argument to Prefer Duty to Children’s Rights and Welfare Lucinda Ferguson Michael Freeman’s Contribution to Childhood Rights Mark Henaghan Michael Freeman’s View of Children’s Rights and Some Ideas Arising from His Views Priscilla Alderson What if Children had been Involved in Drafting the United Nations Convention on the Rights of the Child? Laura Lundy, Elizabeth Welty, Beth Blue Swadener, Natasha Blanchet-Cohen, Kylie Smith, and Dympna Devine Ending Corporal Punishment in Childhood: Advancing Children’s Rights to Dignity and Respectful Treatment Bernadette J. Saunders III Law and the Coercive State Refl ections on Michael Freeman’s ‘Law and Order in 1984’ Robert Reiner Children’s Rights and Children’s Criminal Responsibility Heather Keating Michael Freeman and Domestic Violence Helen Reece The Spirit and the Corruption of Cricket Peter Alldridge Children’s Rights: Preventing the Use of State Care and Preventing Care Proceedings Judith Masson IV Law and Personal Living Michael Freeman and the Rights and Wrongs of Resolving Private Law Disputes Felicity Kaganas and Christine Piper Best Interests of the Child in Relocation: The Work and Views of Lawyers in England and Wales Ghislaine Lanteigne Surrogacy Law: From Piecemeal Tweaks to Sustained Review and Reform Amel Alghrani, Danielle Griffi ths, and Margaret Brazier The Right to Responsible Parents? Making Decisions about the Healthcare of Young and Dependent Children Jo Bridgeman The Abuse of Parents by Children Jonathan Herring An Unnatural Union? – British Conservatism and the Marriage (Same Sex Couples) Act 2013 Andrew Gilbert V Law and International Living The Family Law World of Michael Freeman Sanford N. Katz The Contribution of the South African Constitutional Court to the Jurisprudential Development of the Best Interests of the Child Meda Couzens Assisted Reproduction and the Child’s Right to Know His or Her Origins: Sweden’s Response to its International Law Obligations and New Challenges raised by Surrogacy Jane Stoll Sometimes as a Child, Sometimes as an Adult: Children and Access to Justice in Italy Maria Federica Moscati The Application of the United Nations Convention on the Rights of the Child in Dutch Legal Practice Coby de Graaf Michael Freeman And International Family Justice The Rt. Hon. Sir Mathew Thorpe Thirty Years of the Hague Abduction Convention: A Children’s Rights Perspective Rhona Schuz VI Law and Michael Freeman Thinking About Children’s Rights Sociologically Michael Freeman Law and … Michael Freeman: The Scholar, The Man, the Modern Renaissance Humanist Carrie Menkel-Meadow About the Contributors.

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Book SynopsisMinority Governance in and beyond Europe offers a review of contemporary developments in minority relations. The publication addresses normative and institutional developments in a pan-European context. It tackles the theoretical and practical implications of power-sharing; the dichotomy of ‘old’ and ‘new’ minorities; human rights violations; public institutions for minority protection and abating discrimination; theoretical reflections on minority activism; political participation of minorities; justifications of minority protection; the evolution of language rights, and minorities in relation to EU law. It offers a lens that provides the reader with a clearer understanding about academic thinking and indicates where political will is needed to advance the minority rights protection regime in the future. Compiled to celebrate the 10th anniversary of the European Yearbook of Minority Issues, and offering a selection of the most important articles published in the Yearbook, this collection will be of great interest to scholars, students and policy-makers engaging in minority-related activities and interested in multiethnicity and cultural pluralism in EuropeTable of ContentsForeword Joseph Marko and Tove Malloy; Power-Sharing and Ethnic Conflict: The Consociational-Integrative Dichotomy and Beyond Carmen Kettley; The Rights of ‘Old’ versus ‘New’ Minorities Asbjorn Eide; ‘Ethnic Cleansing’ and Genocide: Similarities and Distinctions William A. Schabas ; Ombudsmen and Similar Institutions for Protection against Racial and Ethnic Discrimination Andrea Krizsan; Ethnic Minority Entrepreneurship, Diversity and Competitiveness David Smallbone ; Political Participation of Minorities Rainer Hofmann; Shifts in the Multiple Justifications of Minority Protection Sia Spiliopoulou Akermark; The European Convention on Human Rights and Language Rights: Is the Glass Half Empty or Half Full? Roberta Medda-Windischer ; Defi ning the Indefi nable: A Defi nition of ‘Minority’ in EU Law Gulara Guliyeva ; The European Union and the Roma: An Analysis of Recent Institutional and Policy Developments Peter Vermeersch ; Index.

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