Public international law: human rights Books

Book SynopsisIn Europe and the Americas: Transatlantic Approaches to Human Rights, leading scholars of different disciplines offer new insight into transatlantic approaches to human rights. At a time when global challenges (economic crises, poverty, terrorism, mass migration and climate change) have a profound impact on the universal development of human rights and democracy, a common transatlantic understanding of human rights may prove instrumental in meeting these challenges. Through conceptual discussions, by analysing different human rights topics in different periods and regions (Europe, the United States and Latin America), and by focusing on a diverse range of actors, from policy makers and judicial institutions to academics and civil society, the authors identify key developments of human rights within a transatlantic framework.Table of ContentsIntroduction Erik André Andersen and Eva Maria Lassen Part I. Negotiating concepts and definitions The Beginning of the International Human Rights Era 1 When Peers are Pressing for Progress: The Clash between Hersch Lauterpacht and John Humphrey over the Universal Declaration of Human Rights Eva Maria Lassen 2 Race, Social Struggles and “Human” Rights: Contributions from the Global South Julia Suárez-Krabbe 3 The Latin-American influence on European Human Rights Law Jonas Christofffersen 4 The Jamaican Broker: UN Diplomacy and the Transformantion of International Human Rights, 1962-1968 Steven L. B. Jensen 5 The Past Discontinued: American and European Views on International Criminal Tribunals, 1918-1945 Erik André Andersen Discourses Discussed 6 From “Rights Talk” to “Human Rights Talk”: Transatlantic Dialogues on Human Rights Helle Porsdam 7 Law as Identity – Diffferent Identities and Diffferent Human Rights Conceptions in Europe and the United States Sten Schaumburg-Müller Part II. Erratic frontiers of human rights Countries in Transition 8 Regime Change in a Transitional Society: The Case of Ukraine Srdjan Darmanovic 9 Human Rights in and around Cuba: Monolithic Discourse or Actual Alternatives? Jan Gustafsson 10 The Latin American Spring: New Constitutions, Rights and Obligations? Annali Kristiansen Human Rights Borders Under Pressure 11 Torture: Europe and the Americas Manfred Nowak and Karolina Miriam Januszewski 12 The Loaded Gun: The Obama Administration and the Legacy of George W. Bush’s “War on Terror” Niels Bjerre-Poulsen 13 The Extraterritorial Use of Armed Drones and International Human Rights Law: Diffferent Views on Legality in the US and Europe? Peter Vedel Kessing 14 Losing the Right to Have Rights: EU Externalization of Border Control Martin Lemberg-Pedersen Index.

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Book SynopsisThe papers by international and Ethiopian scholars included in Human Rights and Development: Legal Perspectives from and for Ethiopia focus on the interconnectedness between the protection of human rights and the achievement of development. The book adds to the international debate by providing a unique insight into the Ethiopian perspective on the nexus between rights and development and by discussing how this nexus manifests itself in the Ethiopian context. The comparative and international frameworks and examples constitute a valuable resource for the debate on human rights and development in Ethiopia, which is currently taking place in the context of the developmental state approach pursued by the Ethiopian government.Table of ContentsList of Tables and Charts; Notes on Contributors; Introduction The Nexus between Human Rights and Development from International and Ethiopian Perspectives Eva Brems, Christophe Van der Beken and Solomon Abay Yimer; The Right to Development Chapter 1 The Right to Development in Africa Koen De Feyter; Chapter 2 Human Rights and Development in Africa: Assessing COMESA’s Experience Adolphe Kilomba Sumaili; Chapter 3 The Right to Development in Ethiopia Abdi Jibril Ali; Development as a Threat to Human Rights Chapter 4 Ethiopia: Development with or without Freedom? Assefa Fiseha Yeibyio; Chapter 5 Addressing the Rights of Indigenous Peoples in the Development of Ethiopia: a Difficult Compromise or a Compelling Necessity? Dorothée Cambou; Chapter 6 Foreign Direct Investment in Ethiopian Land: The Good, the Bad, and the Lessons to Be Learned Genny Ngende; Integrating Human Rights in Development Chapter 7 Market Development and Human Rights Protection: Enforcing the UN Guiding Principles on Business and Human Rights in Ethiopia Solomon Abay Yimer; Chapter 8 The Quest for Effective Remedies in the Home States of Transnational Corporations: Legal Realism versus Legal Reality Lieselot Verdonck; Chapter 9 The Role of Grants in Local Development Efforts: Case Study on Local Autonomy and Accountability from a Human Rights-Based Approach in Ethiopia Solomon Negussie Abesha; Chapter 10 Environmental Rights and Investment in Ethiopia: a Strenuous Relationship Zerihun Yimer Geleta; Human Rights for Development: A Wide Range of Fora Chapter 11 Poverty and Human Rights: A European Perspective Laurens Lavrysen; Chapter 12 The Human Rights Commission of Ethiopia and Issues of Forced Evictions: A Case-oriented Study of its Practice Mohammed Abdo Mohammed; Chapter 13 Gender Equality, Women’s Rights, and Environmental Sustainability: The Case of Climate Change Nicky Broeckhoven; Index.

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Book SynopsisThe Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people.Table of ContentsArticles I. Air and Missile Warfare A. Targeting and Protection Targeting in Air Warfare Kenneth Watkin; Active and Passive Precautions in Air and Missile Warfare Marco Sassòli and Anne Quintin; The Protection of Civilians and Civilian Objects from the Effects of Air and Missile Warfare: Are there any Differences Between the Immediate Battlefield and the Extended Battlefield? Charles H.B. Garraway; B. Extra-Territorial Effects Reflections on the Law of Neutrality in Current Air and MissileWarfare Peter Hostettler; Jus ad Bellum and Jus in Bello Considerations on the Targeting of Satellites: the Targeting of Post-Modern Military Space Assets Michel Bourbonnière and Ricky J. Lee; II. International Humanitarian Law Combatants’ Life and Human Dignity Asa Kasher; The Role of International Criminal Prosecutions in Increasing Compliance with International Humanitarian Law Robert Cryer; Issues Relating to the Use of Civilian “Human Shields” Yoram Dinstein; III. Discrimination Between Intentional Discrimination and Discriminatory Side Effects Iddo Porat; Judicial Decisions Judgments of the Supreme Court of Israel Relating to Human Rights Fania Domb; I. H.C. 7804/05, Hassan et al. v. National Insurance Institute II. H.C. 8870/11, Gonzales v. Minister of the Interior III. H.C. 7146/12, Adam et al. v. The Knesset IV. H.C. 236/13, Power for Israel et al. v. Chairman of the Central Elections Committee V. H.C. 5129/13, Ramhi v. IDF Commander

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Book SynopsisMigration is an increasingly important reality for sub-national autonomous territories characterized by large historical communities or minorities. The diverse claims of these groups, on the one hand, and of new communities arising from migration, on the other, bring complexity to the management of migration issue in the territories. Migration and Autonomous Territories, edited by Roberta Medda-Windischer and Andrea Carlà, draws on the fields of migration and minority studies, to analyze the challenges associated with the need to reconcile diversity and unity in autonomous territories. The volume compares the cases of South Tyrol and Catalonia, characterized both by the presence of large historical communities and minorities, and significant migration aims, and sheds new light on how sub-national units deal with migration.Table of ContentsIntroduction Roberta Medda-Windischer and Andrea Carlà Part I General Section 1. Immigration and Integration in Multilevel Systems: A Challenge between Autonomy and Intergovernmental Cooperation Karl Kössler Part II South Tyrol 2. Tensions and Challenges between New and Old Minorities: Political Party Discourses on Migration in South Tyrol Andrea Carlà 3. Migration and Old Minorities in South Tyrol: Beyond a ‘Nimby’ Approach? Roberta Medda-Windischer Part III Catalonia 4. Immigration in Catalonia and Spain: the Evolution of Shared Competence Giovanni Poggeschi 5. Immigrant Associations and Political Participation: When Language Matters. The Catalan Case Vicent Climent-Ferrando and Juan Carlos Triviño Salazar 6. Linguistic Citizenship - Immigration and Language Policy in Catalonia Saul Mercado Conclusions Old and New Minorities: the Road Ahead Roberta Medda-Windischer and Andrea Carlà List of Contributors Annex I Migration and Cohabitation in the Province of Bozen/Bolzano. Recommendations for a Civic Citizenship in South-Tyrol, Roberta Medda-Windischer and Andrea Carlá (eds.) (Eurac Research, Bolzano/Bozen, 2013) Annex II National Agreement on Immigration. An agreement to live together (Government of Catalonia, 2008). Index.

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Book SynopsisIn Children and the Responsibility to Protect, Bina D’Costa and Luke Glanville bring together more than a dozen academics and practitioners from around the world to examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection. Contributors consider themes including how the agency and vulnerability of children is represented and how their voices are heard in discussions of R2P and child protection, and the merits of drawing together the R2P and Children and Armed Conflict (CAAC) agendas, as well as case studies of children’s lives in conflict zones, child soldiers, and children born of conflict-related sexual violence. This collection of essays was first published in the journal Global Responsibility to Protect (vol.10/1-2, 2018) as a special issue. Contributors are: J. Marshall Beier, Letícia Carvalho, Bina D’Costa, Myriam Denov, Luke Glanville, Michelle Godwin, Erin Goheen Glanville, Cecilia Jacob, Dustin Johnson, Atim Angela Lakor, Katrina Lee-Koo, Ryoko Nakano, Jochen Prantl, Jeremy Shusterman, Hannah Sparwasser Soroka, Timea Spitka, Jana Tabak, Shelly Whitman.Table of ContentsContents List of Contributors Children and R2P: An Introduction   Luke Glanville Two Agendas: R2P and Children and Armed Conflict ‘Children Heard, Half-Heard?’: A Practitioners’ Look for Children in the Responsibility to Protect and Normative Agendas on Protection in Armed Conflict   Jeremy Shusterman and Michelle Godwin ‘The Intolerable Impact of Armed Conflict on Children’: The United Nations Security Council and the Protection of Children in Armed Conflict   Katrina Lee-Koo R2P and the Prevention of Mass Atrocities: A Child-Centric Approach   Cecilia Jacob The Politics of Norm Glocalisation: Limits in Applying R2P to Protecting Children   Jochen Prantl and Ryoko Nakano Representing Children Responsibility to Protect the Future: Children on the Move and the Politics of Becoming   Jana Tabak and Letícia Carvalho R2P and the Novel: The Trope of the Abandoned Refugee Child in Stella Leventoyannis Harvey’s The Brink of Freedom   Erin Goheen Glanville Ultimate Tests: Children, Rights, and the Politics of Protection   J. Marshall Beier Case Studies Children on the Front Lines: Responsibility to Protect in the Israeli/Palestinian Conflict   Timea Spitka Post-War Stigma, Violence and ‘Kony Children’: The Responsibility to Protect Children Born in Lord’s Resistance Army Captivity in Northern Uganda   Myriam Denov and Atim Angela Lakor Prevent to Protect: Early Warning, Child Soldiers, and the Case of Syria   Dustin Johnson, Shelly Whitman and Hannah Sparwasser Soroka Conclusion Of Responsibilities, Protection, and Rights: Children’s Lives in Conflict Zones   Bina D’Costa Bibliography

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Book SynopsisThe remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.Table of ContentsAbout the Authors; Foreword Introduction : The Charter of Fundamental Rights as a Living Instrument: Instructions for Use Giuseppe Palmisano The EU Charter of Fundamental Rights as a Legal Instrument: General Issues 1 The EU Charter: Moving from a European Fundamental Rights Ornament to a European Fundamental Rights Order Gabriel N. Toggenburg 2 The Scope and Efffects of the Charter of Fundamental Rights in the Case Law of the European Court of Justice Nicole Lazzerini 3 The Impact of the Charter of Fundamental Rights on European Union Policies and Legislation Lorenza Violini 4 The Importance of the European Convention on Human Rights for the Interpretation of the Charter of Fundamental Rights of the European Union Giovanni Carlo Bruno The Charter and Social Rights 5 Implementation and Protection of Workers’ Fundamental Rights. Innovations in the Post-Lisbon Treaty Landscape Maria Elena Gennusa and Andrea Rovagnati 6 Social Security, Social Assistance and Health Care in the Charter of Fundamental Rights Andrea Crescenzi 7 The Charter of Fundamental Rights and the Protection of Vulnerable Groups: Children, Elderly People and Persons with Disabilities Rosita Forastiero 8 The Principle of Equality and Non-discrimination within the Framework of the EU Charter and its Potential Application to Social and Solidarity Rights Colm O’Cinneide 9 The Fundamental Rights Charter of the European Union and the European Social Charter of the Council of Europe: Partners or Rivals? Karin Lukas Assessing the Legal Impact of the Charter at the National Level 10 The Legal Importance and Implementation of the Charter in Austria Michael Frahm and Alisa Mayer 11 The Legal Importance and Implementation of the Charter of Fundamental Rights in Italy Giulia Tiberi, Stefania Ninatti and Alessandra Osti 12 The Legal Value and Implementation of the Charter of Fundamental Rights in Poland Mirosław Wróblewski 13 The Legal Importance and Implementation of the Charter in Spain Luis Jimena Quesada 14 The Role of the Charter in the Croatian Legal Order Goran Selanec Case Law ; Legislation and Normative Acts ; Index.

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Book SynopsisIn National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.Table of ContentsIntroduction; 1. Nationalism; 2. Living Together in Multinational States: Self-determination of Peoples and Multiculturalism ; 3. Federalism and Three Case Studies: Canada, Belgium, and Spain; 4. A Model of Citizenship (Stage I): Liberalism, Multiculturalism, and Civic Nationalism; 5. A Model of Citizenship (Stage II): Civic-Nationalism-Plus; 6. Multicultural Education and Multicultural Citizenship: Toward Civic Equality; 7. Case Study: The Jewish–Palestinian National Conflict in Israel; I. The Zionist Project: Israel as the Homeland of the Jews; II. The Formation of an Israeli Identity; III. Civic-Nationalism-Plus in Israel: Toward a New Israeli Identity; Conclusion; Appendices; I. Re Secession of Quebec [1998]; II. Belgium's National Anthem: “La Brabançonne” (French, Dutch, and German lyrics and English translation); III. Canada's National Anthem: “O Canada” (English and French lyrics); IV. The Canadian Flag; V. The Israeli Flag; VI. Israel’s National Anthem (Hebrew Lyrics and English translation); VII. Israel’s Proclamation of Independence (14 May 1948); Index

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Book SynopsisThis book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.Table of ContentsList of Contributors; CHAPTER 1 25 YEARS CRC: REFLECTING ON SUCCESSES, FAILURES AND THE FUTURE Ton Liefaard and Julia Sloth-Nielsen PART I REFLECTIONS ON DIFFERENT CHILDREN’S RIGHTS PERSPECTIVES CHAPTER 2 THE CONVENTION ON THE RIGHTS OF THE CHILD: 25 YEARS AND BEYOND Vitit Muntarbhorn CHAPTER 3 PROTECTING CHILDREN ACROSS BORDERS: THE INTERACTION BETWEEN THE CRC AND THE HAGUE CHILDREN’S CONVENTIONS Hans Van Loon CHAPTER 4 LEGAL CHALLENGES AND STRATEGIES FOR COMBATING ONLINE SEXUAL VIOLENCE AGAINST CHILDREN: MAKING CHILDREN’S RIGHTS FUTURE-PROOF Corinne Dettmeijer-Vermeulen CHAPTER 5 ARE ‘BEST INTERESTS’ A PILLAR OR A PROBLEM FOR IMPLEMENTING THE HUMAN RIGHTS OF CHILDREN? Nigel Cantwell CHAPTER 6 CHILD RIGHTS IN THE UNITED STATES: 25 YEARS LATER AND COUNTING Yvonne Vissing PART II TOWARDS MORE EFFECTIVE IMPLEMENTATION CHAPTER 7 CRC DIALOGUES: DOES THE COMMITTEE ON THE RIGHTS OF THE CHILD ‘SPEAK’ TO THE NATIONAL COURTS? Meda Couzens CHAPTER 8 ACCESS TO JUSTICE: A FUNDAMENTAL RIGHT FOR ALL CHILDREN Laurene Graziani CHAPTER 9 THE ROLE OF THE PROFESSIONS IN EFFECTIVE IMPLEMENTATION OF THE CRC Jane Williams CHAPTER 10 CLOSING THE GAP BETWEEN SOCIAL AND FORMAL ACCOUNTABILITY: EXPLORING THE ROLE OF INDEPENDENT HUMAN RIGHTS INSTITUTIONS FOR CHILDREN Vanessa Sedletzki CHAPTER 11 THE ROLE OF INTERNATIONAL LAW IN THE JUDICIAL INTERPRETATION OF NEW AFRICAN CHILDREN’S LAWS: THE KENYAN EXAMPLE Godfrey O. Odongo CHAPTER 12 THE BEST INTERESTS OF THE CHILD: A GUIDING PRINCIPLE IN ADMINISTERING CROSS-BORDER CHILD-RELATED MATTERS? Mirela Župan CHAPTER 13 THE EUROPEAN COURT OF HUMAN RIGHTS’ JURISPRUDENCE REGARDING THE SEGREGATION OF ROMA SCHOOLCHILDREN: A CHILDREN’S RIGHTS PERSPECTIVE Zsuzsanna Nyitray CHAPTER 14 THE MAIN CHALLENGES OF IMPLEMENTING THE PROCEDURAL RIGHTS OF THE CHILD IN THE FAMILY JUSTICE SYSTEMS OF SOME SOUTHEAST EUROPEAN COUNTRIES Aras Kramar and Milas Klarić CHAPTER 15 (WHY) SHOULD CHILDREN HAVE RIGHTS? A PHILOSOPHICAL PERSPECTIVE Marieke Hopman CHAPTER 16 THE VOICE OF THE CHILD IN JUVENILE JUSTICE PROCEDURES Stephanie Rap CHAPTER 17 WILL NEW ZEALAND’S YOUTH JUSTICE SYSTEM TAKE THE NEXT STEP? Alison Cleland CHAPTER 18 CHILDREN’S RIGHTS AND AUSTRALIAN MIGRATION LAW: ARE THEY MUTUALLY EXCLUSIVE? Anna Copeland CHAPTER 19 UNACCOMPANIED AND UNPROTECTED: THE SYSTEMIC VULNERABILITY OF UNACCOMPANIED MIGRANT CHILDREN IN SOUTH AFRICA Kirsten Anderson, Kara Apland and Elizabeth Yarrow CHAPTER 20 THE PREVENTION OF CHILD STATELESSNESS AT BIRTH: A MULTILEVEL PERSPECTIVE Peter Rodrigues and Jill Stein CHAPTER 21 PROTECTION OF INTERNALLY DISPLACED CHILDREN AND THE GUIDING PRINCIPLES OF INTERNALLY DISPLACED PERSONS Rita Nunes CHAPTER 22 PROTECTING THE VICTIMS OF CHILD TRAFFICKING Philip E. Veerman PART III FRONTIERS OF CHILDREN’S RIGHTS RESEARCH CHAPTER 23 CHILD RIGHTS RESEARCH FOR 2040: A EUROPEAN COMMISSION PERSPECTIVE Margaret Tuite CHAPTER 24 A FUTURE OF MESS, CONFUSION AND COMPLEXITY? LINKING CHILDREN’S RIGHTS AND KNOWLEDGE MANAGEMENT IN A CRITICAL RESEARCH AGENDA BEYOND 25 YEARS OF THE CONVENTION ON THE RIGHTS OF THE CHILD Sara Lembrechts CHAPTER 25 PROTECTING THE LOCUS OF VULNERABILITY: PRELIMINARY IDEAS FOR GUIDANCE ON PROTECTING THE RIGHTS OF THE CHILD IN INTERNATIONAL COMMERCIAL SURROGACY Claire Achmad CHAPTER 26 TAKING STOCK OF BULLYING AND CYBERBULLYING RESEARCH AND INTRODUCING A CHILD RIGHTS PERSPECTIVE Mona Paré, Tara Collins and Miad Ranjbar CHAPTER 27 CHILD RIGHTS AS A BASIS FOR THE REGULATION OF FOOD MARKETING: THE ROLE OF THE UN CONVENTION ON THE RIGHTS OF THE CHILD Katharina Eva Ó Cathaoir CHAPTER 28 A CHILDREN’S RIGHTS AUDIT OF THE INTERNATIONAL CRIMINAL COURT: INTRODUCING A MEASUREMENT MATRIX FOR MONITORING INSTITUTIONS Annelotte Walsh CHAPTER 29 CHILDREN BEHIND BELGIAN BARS: RIGHTS AND RESISTANCE AGAINST THE PAINS OF IMPRISONMENT Esther de Graaf, Jenneke Christiaens and Els Dumortier CHAPTER 30 WHAT THE CHILDREN THOUGHT: SOME METHODOLOGICAL AND ETHICAL CONSIDERATIONS IN COMPARATIVE CHILD RESEARCH Elisabeth Backe-Hansen CHAPTER 31 THE LEGAL EFFECT OF BEST-INTERESTS-OF-THE-CHILD REPORTS IN JUDICIAL MIGRATION PROCEEDINGS: A QUALITATIVE ANALYSIS OF FIVE CASES Daan Beltman, Margrite Kalverboer, Elianne Zijlstra, Carla van Os, Daniëlle Zevulun CHAPTER 32 ARTICLE 12: THE TRANSLATION INTO PRACTICE OF CHILDREN’S RIGHT TO PARTICIPATION IN HEALTH CARE Ana Guerreiro and Kjersti Fløtten PART IV TIME FOR ACTION: LEGISLATION, POLICY DEVELOPMENT AND ADVOCACY CHAPTER 33 LEARNING FROM PRACTICE: SAFE AND MEANINGFUL CHILD PARTICIPATORY CHILD RIGHTS SITUATION ANALYSIS METHODOLOGY IN (POST-)CONFLICT SETTINGS Annabel Trapp CHAPTER 34 TO BE HEARD AND SEEN: YOUTH PARTICIPATION AS A GOAL AND AS A MEANS TO IMPROVE CHILDREN’S RIGHTS SITUATIONS Karin Kloosterboer CHAPTER 35 THE POST-2015 DEVELOPMENT AGENDA: EFFECTIVE, STRUCTURED AND SUSTAINABLE PARTICIPATION OF CHILDREN IN DECISION-MAKING, IMPLEMENTATION AND FOLLOW-UP Alice Kooij Martinez CHAPTER 36 ENHANCING CHILDREN’S PARTICIPATION AND THE ENFORCEMENT OF THEIR RIGHTS: THE KENYAN EXPERIENCE Noah M.O. Sanganyi CHAPTER 37 UNICEF: ENGAGING STAKEHOLDERS ON CHILDREN’S RIGHTS FLORENCE CHARRIÈRE CHAPTER 38 SOCIO-LEGAL DEFENCE MODEL: REALISING CHILDREN’S RIGHTS Benoit van Keirsbilck and Anna D. Tomasi CHAPTER 39 ADVANCING CHILDREN’S RIGHTS THROUGH PARENT SUPPORT SERVICES Pia M. van den Boom CHAPTER 40 TWO FOR THE PRICE OF ONE: BUILDING A CHILD PROTECTION SYSTEM THROUGH SOCIAL PROTECTION MECHANISMS Mayke Huijbregts and Sumaira Chowdhury CHAPTER 41 TOWARDS AN EFFECTIVE SYSTEM FOR CHILD PROTECTION AND PREVENTION OF VIOLENCE AGAINST CHILDREN IN SOUTH AMERICA Akemi Kamimura, Vanessa Orban Aragão Santos and Paula R. Ballesteros CHAPTER 42 LISTENING TO CHILDREN AND PARENTS: SEVEN DIMENSIONS TO UNTANGLE HIGH-CONFLICT DIVORCE Sietske Dijkstra CHAPTER 43 AMENDMENT OF THE DUTCH CHILD PROTECTION SYSTEM: AN IMPROVEMENT FOR CHILDREN? Goos Cardol CHAPTER 44 CHILD PARTICIPATION IN POST-DIVORCE OR -SEPARATION DISPUTE RESOLUTION Astrid Martalas CHAPTER 45 JUVENILE JUSTICE AND ADOLESCENCE: A COMPARISON WITHIN THE KINGDOM OF THE NETHERLANDS Annemarie Marchena-Slot CHAPTER 46 JUVENILE JUSTICE IN THE REPUBLIC OF KAZAKHSTAN: AN OVERVIEW Anara Zholdybayeva.

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Book SynopsisChild-friendly Justice assesses how the UN Convention on the Rights of the Child has affected the development of child law and the promotion of children’s rights in the past twenty-five years. Its 24 studies probe a broad variety of issues relating to children’ s contact with civil, administrative and criminal justice systems, the protection of child integrity and their right to participation, information and proper representation. The contributors - all experts on child-related matters - represent international organisations, academia and NGOs. They provide a clear picture of the origins of the current problems in realising child-friendly justice, and they discuss possible solutions.Table of ContentsPreface and Acknowledgments; Abbreviations; Contributors; Introduction; Part I- Basic Components of Child-friendly Justice Systems A Quarter of a Century with the UN Convention on the Rights of the Child Mats Melin Children’s Rights, Freedom from Violence and Criminal Justice Marta Santos Pais Reflections on Child-friendly Justice Paulo Sérgio Pinheiro Best Interests of the Child Jean Zermatten Corporal Punishment, Crime and Human Rights: Lessons for Child-friendly Justice Ashley Stewart-Tufescu & Joan E. Durrant Relational Representation: The Empowerment of Children in Justice Systems Hrefna Friðriksdóttir Children’s Right to be Heard from Their Unique Perspectives Ann-Christin Cederborg Children’s Evidence and the Convention on the Rights of the Child: Improving the Legal System for Children Deborah A. Goldfarb, Gail S. Goodman & Michael J. Lawler Child- Sensitive Justice for Children of Imprisoned Parents Adele Jones & Alex Hirschfield Challenges in Implementing Child Rights – a Call for Innovative Governance for Children Trond Waage Part II- Children and Criminal Justice Systems It Is Not Child-friendly to Make Children Criminals Peter Newell From the Inside – Children and Young People on Life in Police Cells and in Remand Prisons Fredrik Malmberg Without Resorting to Judicial Proceedings’: Diversion and Mediation Rusudan Mikhelidze Children’s Houses – Barnahus: Today and in the Future Anna Kaldal & Carl Göran Svedin Child Victims and Witnesses of Crime in India Asha Bajpai Evidential Difficulties in Criminal Proceedings Concerning Alleged Child Sexual Abuse against Children with Neuropsychiatric Disorders Katrin Lainpelto Part III- Children and Civil and Administrative Justice Justice for the Migrant Child: The Protective Force of the Convention on the Rights of the Child Mary E. Crock Unaccompanied and Separated Asylum-Seeking Minors: Implementing a Rights-Based Approach in the Asylum Process Rebecca Thorburn Stern The Child’s Right to Protection of Private Life and Family Life Elisabeth Gording Stang The Right to a Fair Trial from a Child’s Perspective – Reflections from a Comparative Analysis of two Child-protection Systems Pernilla Leviner Part V- Child-friendly Justice: Continental Perspectives Europa: Children and Justice Nils Muižnieks &Françoise Kempf European Court of Human Rights Elisabet Fura Africa: What’s in a Name? ‘Child friendly’ Justice in Africa Julia Sloth-Nielsen Americas: Access to Justice in the Inter-American System: Standards and Challenges Rosa Maria Ortiz

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Book SynopsisMass Atrocities, Risk and Resilience examines the relationship between risk and resilience in the prevention of genocide and other mass atrocities and explores two broad areas of neglect. In terms of prevention, there is very little research that analyzes how local and national actors manage the risk associated with mass atrocities. In the field of comparative genocide studies, to date there has been very little interest in examining negative cases. Although much is known about why mass atrocities occur, much less is established about why they do not occur. The contributions in this book address this neglect in two important ways. First, they challenge commonly-accepted approaches to prevention. Second, they explore negative cases in order to better understand how local and national actors have mitigated risk over time.Table of ContentsList of Tables Acknowledgements 1. Introduction – Exploring Risk and Resilience: Implications for comparative genocide studies, and mass atrocity prevention Stephen McLoughlin PART I: CONCEPTUAL APPROACHES TO PREVENTION 2. The Next ‘Spring’ is Certain to Come – and Certain to be Missed: Deficits in conflict prevention and research Witold Mucha 3. ‘Who is the subject of atrocities prevention?’ Bridget Conley-Zilkic 4. Rethinking the Structural Prevention of Mass Atrocities Stephen McLoughlin PART II: INVESTIGATING THE NON-OCCURRENCE OF GENOCIDE AND OTHER MASS ATROCITIES 5. International Affinity and the Prevention of Genocide: Implications for R2P Manus I. Midlarsky 6. Rethinking Approaches to Prevention under the Responsibility to Protect: Agency and Empowerment within Vulnerable Populations Deborah Mayersen 7. Indigenous State-building: 'Local' actors in Somaliland's stabilization Michael Walls 8. Iran 1998-2008: Insight on the containment of risk Sara E. Davies 9.Azerbaijan 1998-2008: Ceasefire, stalemate and simmering tensions Stephen McLoughlin Bibliography About the Authors Index

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Book SynopsisIn EU Environmental Law, International Environmental Law, and Human Rights Law: The Case of Environmental Responsibility, Armelle Gouritin offers a critical appraisal of EU environmental responsibility law and asserts a new rights-based approach to international environmental law. This book addresses environmental damage, environmental harm, the grounds for environmental responsibility and the exceptions to the responsibility principle. A critical appraisal of EU Directives 2004/35 and 2008/99 is complemented by an analysis of the input of the European Court on Human Rights and international environmental law with a view to filling the gaps identified in the Directives. Gouritin offers a full analysis of the potential and limits of the rights-based approach applied to environmental responsibility.Table of ContentsEXECUTIVE SUMMARY CHAPTER 1. INTRODUCTION. METHODOLOGY, TERMINOLOGY, BASIC CONCEPTS AND TENSIONS 1.1 What : subject, questions, thesis and hypothesis 1.2 How: the comparative approach applied in the book. A particular focus on the human rights approach 1.2.1 Identification of gaps in EU environmental responsibility law 1.2.2 Gaps in EU environmental responsibility law, international environmental law, and human rights law: the gap filling exercise. Cases of accumulation, complement, confirmation, and conflict 1.2.3 A few norms of international environmental law as potential gap fillers 1.2.4 Introduction to the interplay between environmental protection and human rights protection 1.2.5 Two human rights approaches applied: environmental substantive rights and environmental procedural rights 1.2.5.1 Environmental substantive human rights 1.2.5.2 Environmental procedural rights 1.2.6 Two human rights approaches not applied: the autonomous right to a healthy environment and environmental technical standards 1.2.6.1 The autonomous (human) right to a healthy and protected environment 1.2.6.2 The setting of environmental standards 1.2.7 Potential and limits of Council of Europe human rights law as a gap filler in environmental law 1.2.7.1 EU law before the European Court of Human Rights: jurisdiction of the Court 1.2.7.2 The EU´s accession to the European Convention on Human Rights: insights for the interplay between EU law and the Convention 1.2.7.3 The potential to address structural causes: fair balance requirement and pilot judgments 1.2.7.4 Questioning the potential: four structural difficulties 1.2.7.5 Questioning the potential: the anthropocentric and individual nature of the rights guaranteed 1.3 Introduction to environmental responsibility 1.3.1 Research limited to environmental responsibility: fault, due diligence and obligation of result 1.3.2 (In)Dependence of environmental responsibility: from environmental law and responsibility law to environmental responsibility law 1.3.3 Three functions of environmental responsibility: compensation, prevention and sanction 1.3.3.1 Restoration and compensation 1.3.3.2 Prevention and deterrence 1.3.3.3 Sanction and punishment 1.4 Foundational difficulties encountered by the EU legislator that are addressed in the book 1.4.1 Introduction to the nature of the Directives: the public-private law divide 1.4.2 Introduction to conflicts of competence at the EU level: explaining the economy and gaps of Directives 2004/35 and 2008/99 1.4.2.1 Competence justified on EU environmental law rationale 1.4.2.2 Directive 2008/99: conflict between the Commission and the Council 1.4.2.3 Directive 2004/35: conflict within the European Parliament 1.4.3 Introduction to the tensions concerning the Directives’ content which explain the economy and gaps of Directives 2004/35 and 2008/99 Chapter 2. International environmental law and human rights partially conflict but mainly confirm the anthropocentric conceptions of the Directives 2.1 Gaps in the Directives: definition of damage and harm. The anthropocentric and regulatory approaches 2.1.1 Introduction to environmental damage and harm 2.1.1.1 The environmental wrong: damage is distinct from harm. Both are addressed in the book 2.1.1.2 “What”: the environmental elements captured by law, and “how”: legal approaches to the environmental elements 2.1.1.3 The Directives’ definitions as baselines: they extend to risk of damage and harm and more extensive definitions at the national level 2.1.2 Water, air and land: Criticising the choices made by the EU legislator regarding the definition of environmental damage and harm. Directive 2004/35 2.1.2.1 Generic definition. Art. 2(2) and 2(12) 2.1.2.2 Damage excluded in the dual approach. Art. 3(1)(b) 2.1.2.3 Harm to water resources: an intrinsic approach. Art. 2(1)(b) 2.1.2.4 Harm to waters and the threshold condition. Art. 2(1)(b) 2.1.2.5 Harm to land: an anthropocentric approach. Art. 2(1)(c) 2.1.3 The definition given by the EU legislator in Directive 2008/99 2.1.4 Critical assessment of the definition of damage and harm to water, air and land: limited definition, the threshold condition and the largely anthropocentric approach 2.1.4.1 Limited application to water, air and land 2.1.4.2 The threshold requirement: two criticisms 2.1.4.3 Directive 2004/35 and harm to land: two criticisms 2.1.5 Damage and harm to living species, habitats and ecosystems: the choices made by the EU legislator 2.1.5.1 Damage: the definition given by the EU legislator in Directive 2004/35 2.1.5.2 Harm: the definition given by the EU legislator in Directive 2004/35 2.1.5.3 Damage: the definition given by the EU legislator in Directive 2008/99 2.1.5.4 Harm: the definition given by the EU legislator in Directive 2008/99 2.1.6 Critical assessment of damage and harm to species, habitats and ecosystems 2.1.6.1 Features not covered by the Directives: three common criticisms 2.1.6.2 Directive 2004/35 and damage to protected species and habitats: two criticisms 2.1.7 Definition of damage and harm to natural resource services: the choices made by the EU legislator and critical assessment 2.1.7.1 Definition given by the EU legislator in Directives 2004/35 and 2008/99 2.1.7.2 Critical assessment: the services and ecological services not covered 2.2 gaps in the directives: the grounds for responsibility. Limits of the public and regulatory approach 2.2.1 Introduction: grounds for responsibility trigger the application and the regulatory approach of the Directives 2.2.1.1 A mitigating factor in case of interplay or concurrence between parallel responsibility regimes 2.2.1.2 The Directives: instrumental to enforce EU environmental law 2.2.1.3 Effects of enforcement matters on the regulatory approach and responsibility paradigm 2.2.2 Directive 2004/35: the polluter pays principle is not a ground for environmental responsibility 2.2.2.1 Directive 2004/35 and the polluter pays principle, an economic principle 2.2.2.2 Explaining the polluter pays principle’s overwhelming presence 2.2.2.3 Rejecting the Polluter Pays Principle as grounding environmental responsibility 2.2.3 Directive 2004/35: risk as the main ground and fault as a subsidiary ground for responsibility 2.2.3.1 The dual approach to environmental responsibility: risk and fault 2.2.3.2 Risk as grounding environmental responsibility: general theoretical aspects 2.2.3.3 EU environmental law framing the application of the risk-based responsibility 2.2.3.4 EU environmental law: three forms of prevention obligations 2.2.4 Directive 2008/99: unlawfulness grounding environmental responsibility 2.2.4.1 Grounds for environmental criminal responsibility: three models 2.2.4.2 Unlawfulness as a ground for environmental responsibility: rejection of the autonomous offence 2.2.4.3 Nine environmental offences 2.2.4.4 Definition of unlawfulness: EU environmental law and obligations binding private persons 2.2.4.5 Mens rea: intention and EU definition of “serious negligence” 2.2.5 Identification of the responsible persons. Directive 2004/35: the operator’s responsibility 2.2.5.1 Operation or control of the activity or legally delegated decisive economic power 2.2.5.2 Requirement to establish the causal link 2.2.5.3 Causal link, presumption and diffuse, widespread pollution: the ERG case. 2.2.5.4 Several responsible persons: multiple party causation 2.2.6 Identification of the responsible persons. Directive 2008/99: natural and legal responsible persons 2.2.6.1 Corporate environmental criminals as main environmental offenders 2.2.6.2 Definitions of legal persons and conditions to have them criminally responsible 2.2.7 Impact and limits of the regulatory approach regarding the grounds for responsibility and identification of the responsible person 2.2.7.1 Shift of paradigm: negative effect for the protection and prevention approaches 2.2.7.2 Gaps in EU environmental law mirrored in EU environmental responsibility law: the “boomerang” effect 2.2.7.3 The “boomerang effect”: limits of substantive EU environmental law 2.2.7.4 EU environmental law underpinned by economic interests of lobby groups 2.2.7.5 Structural gaps of EU environmental law. Four issues 2.2.8 Specific gaps of Directive 2008/99: dependence of environmental criminal law upon administrative law and lack of details in relation to “serious negligence” 2.2.8.1 Dependence of environmental criminal law upon administrative law 2.2.8.2 “Serious” negligence: a useless and contested specification 2.2.9 Specific gaps of Directive 2004/35: grounds for responsibility ignored and the ambiguous notion of operator 2.2.9.1 Rejection of profit and guarantee as grounds for responsibility 2.2.9.2 The ambiguous notion of operator 2.3 International environmental law partialy conflicts with the Directives: natural resources vs. biodiversity 2.3.1 Biodiversity and international environmental law: the Biodiversity Convention 2.3.1.1 The Biodiversity Convention: a brief presentation 2.3.1.2 Definition of biodiversity: Article 2 2.3.1.3 EU notion of habitats, services and natural resources: a portion of biodiversity 2.3.1.4 The Biodiversity Convention does not recognise biodiversity’s intrinsic value 2.3.2 Biodiversity and the European Court of human Rights 2.3.2.1 The European Convention on Human Rights: limited potential regarding natural resources and biodiversity 2.3.2.2 The purely instrumental value of environmental elements 2.4 International environmental law and human rights comfirm the Directives through policy diffusion: damage and harm to natural resources 2.4.1 Damage and harm to biodiversity and international environmental law: the Biosafety Protocols 2.4.1.1 A brief presentation 2.4.2.2 Objectives, definitions and scope of application 2.4.2.3 Definition of damage and harm 2.4.2.4 The threshold requirement 2.4.2.5 Pollutions having a “diffuse character” 2.4.2.6 The Biosafety Protocols: confirmation through policy diffusion 2.4.2 Damage and harm to biodiversity and the European Court of Human Rights 2.4.2.1 Damage and harm to environmental values: confirmation 2.4.2.2 Pollutions having a “diffuse character”: (partly) conflict 2.5 Conclusion CHAPTER 3. CONFLICT WITH HUMAN RIGHTS: DEFERENCE TO THE INTERNATIONAL CIVIL LIABILITY FRAMEWORKS THAT APPLIES TO OIL SPILLS IN DIRECTIVE 2004/35 3.1 Limited scope of application of the Directive: the exclusions of responsibility mechanisms 3.1.1 Directive 2004/35 and “diffuse” environmental damage. Art. 4(5) 3.1.2 Directive 2004/35 and previously identified damage. Art. 2(1) 3.1.3 Directive 2004/35. The facts and activities that generate damage: six exceptions. Art. 4(1), (4), (6), and 8(3) 3.1.4 Directive 2008/99. No responsibility if no illicitness. Art. 3 3.1.5 Directive 2004/35: environmental damage already covered by international Conventions. Art. 4(2) to 4(4) 3.1.5.1 Maritime accidents 3.1.5.2 Nuclear accidents 3.1.5.3 Critical appraisal of deference to international environmental law 3.2 Deference to international law conflicts with human rights : the case of the exclusion of oil-spill damage 3.2.1 The right to property is mobilised to challenge the international regime that applies to oil-spills 3.2.2 The international regime for the compensation of oil pollution damage: A classic example of limited responsibility 3.2.2.1 General overview of the international civil liability regime 3.2.2.2 First limit: the victim’s burden of proof 3.2.2.3 Second limit: the timeframe for considering claims and awarding payments 3.2.2.4 Third limit: definition of damage. Article 1(6) of the Civil Liability Convention 3.2.2.5 Fourth limit: the awarding of compensation. Article 4(5) of the Fund Convention 3.2.2.6 Fifth limit: responsibility channelled to the owner of the ship. Article 3(4) of the Civil Liability Convention 3.2.2.7 Sixth limit: exceptions to override the owner’s limited compensation and channelled liability 3.2.3 Right to Property under the European Convention of Human Rights 3.2.4 The international liability regime is not compatible with the right to property: a conflict case 3.2.4.1 Two cases on limited responsibility and oil-spills: the Pressos and Mangouras cases 3.2.4.2 The application of Article 1 of the first protocol: legal definition of possession and horizontal effect 3.2.4.3 From being party to an international convention to the recognition of interference on behalf of a State 3.2.4.4 The “lawfulness test”: presumption of conformity 3.2.4.5 The “general interest test”: presumption of conformity 3.2.4.6 General functioning of the “proportionality test”: rule, principles, and application criteria 3.2.4.7 Considering the harm suffered and the possibility to obtain compensation in an oil pollution claim 3.2.5 (No)Compatibility of the international regime with right to property: consequences for Directive 2004/35 3.2.5.1 The (no) compatibility finding extended to the other Conventions deferred to 3.2.5.2 The (no)compatibility finding: matters of legality and legal coherence 3.3 Conclusion CHAPTER 4. HUMAN RIGHTS AND PROCEDURAL LIMITATIONS IN THE DIRECTIVES: COMPLEMENT AND CONFLICT 4.1 Gaps in the Directives that have a procedural dimension 4.1.1 Identifying the victim of the wrong: critical assessment of the public nature of the Directives 4.1.1.1 Introduction. The victim of an environmental wrong: who can be the holder of environmental rights 4.1.1.2 Choice of the EU legislator: environmental rights holders without a direct cause of action 4.1.1.3 Criticising the choice of the EU legislator: the trustee as a screen 4.1.2 The development risk defence. Directive 2004/35, Art. 8(4)(b) 4.1.2.1 Introduction to development risks: either grounding responsibility or grounding exceptions to the responsibility principle 4.1.2.2 Two components of the legal definition of development risk: risk inherence and indiscernibleness 4.1.2.3 Legal treatment: a regulatory choice. The clause as a defence or grounding responsibility 4.1.2.4 Choice of the EU legislator: development risks ground an exception to the responsibility principle 4.1.2.5 Legal definitions: inherence and indiscernibleness in Directive 2004/35 4.1.2.6 Legal definitions: the defence before the European Court of Justice 4.1.2.7 Knowledge quality requirement: the most advanced level of scientific and technical knowledge: the European Commission v. UK case 4.1.2.8 Additional obligations binding the operator to successfully invoke the defence: not possible with Directive 85/374: the European Commission v. France case 4.1.2.9 Additional obligations binding the operator to successfully invoke the defence: possible with Directive 2004/35 4.1.3 The permit defence. Directive 2004/35, Art. 8(4)(a) 4.1.3.1 The EU legislator endorses and justifies the permit defence 4.1.3.2 The permit defence rationae materiae: scope of application and legal treatment 4.1.4 Critical assessment of the permit and development risk defences 4.1.4.1 The permit and development risk defences were highly contested during the legislative process: outcome of the trade-offs 4.1.4.2 Three common criticisms to the development risk defence and permit defence: deficits in harmonisation, coherence and consistency 4.1.4.3 The development risk clause as a defence: questioning the regulatory choice 4.1.4.4 Application and interpretation of development risks: concerns that relate back to the temporal dimension and precautionary principle 4.1.5 Rationae temporis matters that limit the possibility to set environmental responsibility into motion 4.1.5.1 Two temporal limitations: non-retroactivity and prescription 4.1.5.2 The specific temporal limitation clarified in the ERG case 4.2. Impartiality and independence requirements and the discretion of public authorities : a complement case 4.2.1 An illustration: the F

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Book SynopsisLarge-scale land acquisitions, or ‘land grabbing’, has become a key research topic among scholars interested in agrarian change, development, and the environment. The term ‘land acquisitions’ refers to a highly contested process in terms of governance and impacts on livelihoods and human rights. This book focuses on South-East Asia. A series of thematic and in-depth case studies put ‘land grabbing’ into specific historical and institutional contexts. The volume also offers a human rights analysis of the phenomenon, examining the potential and limits of human rights mechanisms aimed at preventing and mitigating land grabs' negative consequences. Contributors include: Maria Lisa Alano, Ioana Cismas, Olivier De Schutter, Michael Dwyer, Christophe Gironde, Christophe Golay, Andreas Heinimann, Martin Keulertz, Marcel Mazoyer, Peter Messerli, Hafiz Mirza, Vong Nanhthavong, Gerben Nooteboom, Patricia Paramita, Amaury Peeters, Emily Polack, Laurence Roudart, Oliver Schoenweger, Gilda Senties, Sokbunthoeun So, Mohamad Shohibuddin, William Speller, Eckart Woertz, and James Zhan.Table of ContentsForeword Preface List of Figures List of Tables List of Acronyms and Abbreviations Notes on Contributors PART 1: Setting the Scene: History, State and Law 1 Large-Scale Land Acquisitions: A Historical Perspective  Laurence Roudart and Marcel Mazoyer 2 States as Actors in International Agro-Investments  Martin Keulertz and Eckart Woertz 3 The Role of Property Rights in the Debate on Large-Scale Land Acquisitions  Olivier De Schutter PART 2: Land Dynamics and Livelihoods in South-East Asia 4 The Impact of Larger-Scale Agricultural Investments on Communities in South-East Asia: A First Assessment  James Zhan, Hafiz Mirza, and William Speller 5 Sweet and Bitter: Trajectories of Sugar Cane Investments in Northern Luzon, the Philippines, and Aceh, Indonesia, 2006–13  Mohamad Shohibuddin, Maria Lisa Alano, and Gerben Nooteboom 6 Marginal Land or Marginal People? Analysing Patterns and Processes of Large-Scale Land Acquisitions in South-East Asia  Peter Messerli, Amaury Peeters, Oliver Schoenweger, Vong Nanhthavong, and Andreas Heinimann 7 From Lagging Behind to Losing Ground: Cambodian and Laotian Household Economy and Large-Scale Land Acquisitions  Christophe Gironde and Gilda Senties Portilla 8 ‘Better-Practice’ Concessions? Lessons from Cambodia’s Leopard-Skin Landscape  Michael B. Dwyer, Emily Polack and Sokbunthoeun So PART 3: Human Rights and Large-Scale Land Acquisitions 9 Identifying and Monitoring Human Rights Violations Associated with Large-Scale Land Acquisitions: A Focus on United Nations Mechanisms and  South-East Asia  Christophe Golay 10 Large-Scale Land Acquisitions in Cambodia: Where Do (Human Rights) Law and Practice Meet?  Ioana Cismas and Patricia Paramita 11 Large-Scale Land Acquisitions, Livelihoods and Human Rights in South-East Asia  Christophe Gironde and Christophe Golay Index

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Book SynopsisIn the first Commentary on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons – known colloquially as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the restitution rights of persons who have faced forced displacement and the loss of their homes, lands and properties. The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.Table of ContentsExcerpt of table of contents: Foreword; Preface; Acknowledgements PART I - Commentary Introduction; Preamble Section I. Scope and Application 1. Principle 1. Scope and application Section II. The right to housing and property restitution 2. Principle 2. The right to housing and property restitution Section III. Overarching principles 3. Principle 3. The right to non-discrimination 4. Principle 4. The right to equality between men and women 5. Principle 5. The right to be protected from displacement 6. Principle 6. The right to privacy and respect for the home 7. Principle 7. The right to peaceful enjoyment of possessions 8. Principle 8. The right to adequate housing 9. Principle 9. The right to freedom of movement Section IV. The right to voluntary return in safety and dignity 10. Principle 10. Section V. Legal, policy, procedural and institutional implementation mechanisms 11. Principle 11. Compatibility with international human rights, refugee and humanitarian law and related standards 12. Principle 12. National procedures, institutions and mechanisms 13. Principle 13. Accessibility of restitution claims procedures 14. Principle 14. Adequate consultation and participation in decision-making 15. Principle 15. Housing, land and property records and documentation 16. Principle 16. The rights of tenants and other non-owners 17. Principle 17. Secondary occupants 18. Principle 18. Legislative measures 19. Principle 19. Prohibition of arbitrary and discriminatory laws 20. Principle 20. Enforcement of restitution decisions and judgments 21. Principle 21. Compensation Section VI. The role of the international community, including international organizations 22. Principle 22. Responsibility of the international community Section VII. Interpretation 23. Principle 23. Interpretation Annex: The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (‘The Pinheiro Principles’) PART II – Travaux Préparatoires 1. A/51/482, Seventh meeting of persons chairing the human rights treaty bodies (1996). 2. Comprehensive examination of thematic issues relating to the elimination of racial discrimination, E/CN.4/Sub.2/1997/31, 27 May 1997E/CN.4/Sub.2/1997/31, CERD (fiftieth session – 1997). 3. Comprehensive examination of thematic issues relating to the elimination of racial discrimination, Letter of CERD Chairperson dated 19 March 1997, E/CN.4/Sub.2/1997/31, 27 May 1997, CERD (fiftieth session – 1997). 4. Racism and racial discrimination, Sub-Commission Resolution 1997/5. 5. Criteria for new studies, Sub-Commission Decision 1997/112. 6. Housing and property restitution in the context of the return of refugees and internally displaced persons, Sub-Commission Resolution 1998/26. 7. Internally displaced persons, Commission Resolution 1999/47. 8. Housing and property restitution in the context of the return of refugees and internally displaced persons, Sub-Commission decision 1999/108. 9. The return of refugees’ or displaced persons’ property, Sub-Commission on Human Rights Decision 2001/122, E/CN.4/Sub.2/2002/17. 10. Sub-Commission on the promotion and protection of human rights, 54th session, Summary record of the 10th meeting, ‘Working Paper’, 6 August 2002, E/CN.4/Sub.2/2002/17. 11. Housing and property restitution in the context of refugees and other displaced persons, 14 August 2002, Sub-Commission on Human Rights resolution 2002/7. 12. Housing and property restitution in the context of refugees and other displaced persons, 16 June 2003, E/CN.4/Sub.2/2003/11, Commission on Human Rights Decision 2003/109. 13. Extrait du compte rend analytique du debat de la Sous-Commission lors de la 14eme séance, 11 novembre 2003, E/CN.4/Sub.2/2003/SR.14. 14. Extract of the Summary Record of the Sub-Commission debate (presentation of the working paper) at its 15th meeting, 8 August 2003, E/CN./Sub.2/2003/SR.15. 15. Housing and property restitution, Sub-Commission resolution 2003/18, 13 August 2003. 16. Housing and property restitution in the context of the return of refugees and internally displaced persons, 2 June 2004, E/CN.4/Sub.2/2004/22. 17. Housing and property restitution in the context of the return of refugees and internally displaced persons, 2 June 2004, Draft commentary on the draft principles, E/CN.4/Sub.2/2004/22/Add.1. 18. Extract of the Summary Record of the Sub-Commission debate (presentation of the working paper) at its 11th meeting, 4 August 2004, E/CN.4/Sub.2/2004/SR.11. 19. Housing and property restitution, Sub-Commission resolution 2004/2, 9 August 2004. 20. Revisions to the draft Principles on housing and property restitution for refugees and displaced persons. 21. Housing and property restitution in the context of the return of refugees and internally displaced persons, Final report of the Special Rapporteur, Paulo Sergio Pinheiro, Principles on housing and property restitution for refugees and displaced persons, 28 June 2005, E/CN.4/Sub.2/2005/17. 22. Housing and property restitution in the context of the return of refugees and internally displaced persons, Final report of the Special Rapporteur, Paulo Sergio Pinheiro, Addendum Explanatory Notes on the Principles on housing and property restitution for refugees and displaced persons, 11 July 2005, E/CN.4/Sub.2/2005/17/Add.1. 23. Extract of the Summary Record of the Sub-Commission debate (presentation of the working paper) at its 10th meeting, 4 August 2005, E/CN.4/Sub.2/2005/SR.10. 24. Sub-Commission resolution 2005/21, Housing and property restitution for refugees and displaced persons, 11 August 2005. PART III – Annotated Bibliography 1. Books; 2. Articles; 3. Reports of the UN Secretary-General/Procès Verbaux; 4. General Assembly Resolutions; 5. Security Council Resolutions; 6. Documents of the General Assembly and Subsidiary Bodies (UN Human Rights Council, ECOSOC (Commission on Human Rights and Sub-Commission); 7. UN Committee on the Rights of the Child (CRC); 8. UN Committee on the Elimination of Racial Discrimination (CERD); 9. Statements, Declarations, et al.; 10. Council of Europe-Parliamentary Assembly; 11. Judgments/Decisions; 12. Selected Agreements, Legislative Authority and Accessory Jurisprudence.

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Book SynopsisIn A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.Table of ContentsExcerpt of Table of Contents Preface; Introduction; Chapter 1: Minority Rights: Laws, Concepts, Contestations: 0. Introduction; 1. Historical Evolution of the Notion of Minority Rights; 2. Laws: International, Regional, National; 3. Concepts: Legal, Political, Social; Chapter 2: Liberal Ideals, the Nature of Identity, Minority Rights: 0. Introduction; 1. Taxonomies of Group Rights; 2. Necessity of Group Rights; 3. Theoretical Validity and Moral Defensibility of Group Rights; 4. Group Interests, ‘Illiberal Group Rights’, the Principle of Toleration; 5. The Dialogical Nature of Cultural Identity, of Minority Rights; 6. 'Proximity' and a Dialogic Concept of Minority Rights; Chapter 3: A Dialogical Translation of the Concept of Minority Rights: 1. Substantive, Procedural, Dialogical: What's In A Name?; 2. Legitimacy of Law and Dialogical Minority Rights; 3. A Dialogical Concept of Minority Rights; 4. Minority Rights and their Prioritisation 5. Conclusion: Contextualizing Dialogical Processes; Chapter 4: Minority Rights against the State: 0. Introduction; 1. Minority Rights held by the Group against the State; 2. Rights held by Members of the Minority Group against the State; 3. Conclusion; Chapter 5: Rights against the Minority Group: 0. Introduction; 1. Why is this limb of minority rights necessary?; 2. The Right to Equal Concern 3. Well-being and the Right to Internal Dialogue; 4. Theory in Practice: Cases; 5. The Right of Exit Chapter 6: Group Agency and the Capacity to Self-Govern: 0. Introduction; 1. Moral Agency, Capacity and Group Rights; 2. The Practical Necessity of Internal Decision-Making Bodies; 3. Upgrading Capacities of Self-Government; 4. Conclusion; Chapter 7: The Future of Minority Rights: The Conclusion: 1. Minority Rights in Human Rights System: Pros and Cons; 2. Minority Rights and Dialogue: Limits, Challenges, Possibilities; 3. Conclusion: The Rights Culture vs. A Dialogical Rights Culture; Bibliography; Diagram; index

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Book SynopsisIn The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.Table of ContentsAcknowledgements List of Abbreviations Introduction Part 1: Protecting People Fleeing Indiscriminate Threats: Law and Practice within the European Union Introduction to Part 1 1 Preliminary Remark: Member States’ Obligations under International Human Rights Law are Unaltered by eu Membership 2 European Union Law Relevant to Asylum 3 Relevant Provisions of International Human Rights Law 4 Member States’ Non-harmonised Protection Responses 5 Conclusions of Part 1 Part 2: Testing Existing Refugee Law, Human Rights Law and Practices through the Prism of Environmental Disasters Introduction to Part 2 6 Environmentally-Displaced Persons as Beneficiaries of International Protection under Refugee Law? 7 Under International Human Rights Law 8 State Practice in Response to Disasters and Other Humanitarian Crises 9 Conclusions of Part 2 Part 3: Exploring Means of Protecting “environmental refugees” in International Law Introduction to Part 3 10 Solutions Based on Existing Asylum Law and Relevant Norms International Human Rights Law 11 Can (and Should) States be Held Responsible for Environmental Displacement? 12 A Sui Generis Framework to Address Environmental Displacement and Migration 13 Conclusion of Part 3 General Conclusion Annex Bibliography Index

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Book SynopsisThis book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.Trade Review"Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ), volume 57, number 2, April 2008, pp. 491). "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights 15 (2008) pp.117–131)Table of ContentsPreface About the author; Table of Cases; Table of Instruments; List of abbreviations; Introduction Territoriality: The Thread of Indigenous Cultures PART I: INDIGENOUS PEOPLES AS VICTIMS: THEORIES OF DISPOSSESSION Chapter 1: Means of Acquisition A. The Conquest of Indigenous Territories 1. Justifications of Conquest: Commerce, Christianity and Civilization; 2. Discriminatory Rules of Conquest B. The Occupation of Indigenous Territories 1. The Post-Westphalian Order: Dichotomy Between Nations and Indigenous Communities; 2. Occupation of ‘Vacant’ Territories: Terra Nullius as a Legal Fiction; 3. Terra Nullius by Other Means: Contemporary Forms of Denial Chapter 2: Means of Extinguishment A. The Extinguishment of Indigenous Territorial Sovereignty by Colonial Treaties 1. A Process of Retrogression: From International Law to “Domestic Dependent Nations”; 2. The “Trail of Broken Treaties”: Contemporary Enforcement of Colonial Treaties B. Theories of Extinguishable Indigenous Land Rights 1. Discovery: A Theory of Extinguishable Right of Occupancy; 2. Contemporary Theories of Extinguishable Indigenous Title PART II: INDIGENOUS PEOPLES AS SUBJECTS: THEORIES OF PROTECTION Chapter 3: Land Rights as Proprietary Rights A. Property Rights: Sources and Content 1. Weaknesses and Promises of the Property Rights Discourse; 2. Indigenous Peoples’ Right to Collective Land Ownership B. Effective Measures of Protection and Demarcation 1. Restriction on Land Transferability: The Danger of Paternalism; 2. Land Identification and Demarcation C. Reparation, Restitution and Compensation 1. The Right to Restitution; 2. Addressing Past Dispossession: The Role of Human Rights Chapter 4: Land Rights as Cultural Rights A. Land is Life: Land Rights as Subsistence Rights 1. Land Rights as a Means to a Collective Existence; 2. Right to Subsistence, Access to Livelihood and the Right to Life B. Land Rights as a Way of Life: Traditions and Spirituality 1. The Minority Rights Approach; 2. Religion, Spirituality and Land Rights C. Land Rights as Cultural Heritage: Towards a Right to Cultural Integrity 1. The Cultural Heritage Approach: The Danger of Compartmentalisation; 2. The Holistic Approach: Land Rights as Cultural Integrity PART III INDIGENOUS PEOPLES AS ACTORS: NEGOTIATING LAND RIGHTS Chapter 5: Self-Determination, Territoriality and Consent A. The Self-Determination and Land Rights Nexus 1. The Caveat of Self-Determination: States’ Territorial Integrity; 2. The Relational and Interpretative Values of Self-determination B. Self-determination, Natural Resources and Consent 1. Self-determination, Land Rights and Natural Resources; 2. Self-determination and Free, Prior and Informed Consent Chapter 6: Development, Globalisation and Land Rights A. Development, Participation and Land Rights 1. ‘Development Aggression’, the Right to Development & Land Rights; 2. Development, Effective Participation and Consent B. Ownership and Control of Natural Resources: From Subsistence to Benefit-Sharing 1. Ownership and Control of Natural Resources: A Right to Subsistence?; 2. Towards a Right to Benefit-Sharing? C. Nature Conservation, Exploitation of Natural Resources, and Private Actors 1. Nature Conservation, Tourism & Indigenous Peoples’ Land Rights: towards co-management?; 2. Corporations, Human Rights Law and Land Rights Conclusion; Selected Bibliography; Index.

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Book SynopsisThis volume contains several analyses of health rights issues related to children. The various chapters provide an overview of this captivating area and may be of special interest to lawyers, health care professionals, ethicists, psychologists, judicial institutions, policy makers, interest groups, students and all others who are concerned with the children’s rights perspective on health care.

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Book SynopsisAi Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.Table of ContentsExcerpt of table of contents: Foreword by William G. O’Neill Abstract; Acknowledgement; List of Cases; List of Treaties; Acronyms; CHAPTER 1: INTRODUCTION 1. The issue; 2. The evolution of UN Peace Operations; 3. The scope of this work; 4. Issues outside the scope of this work; 5. Structure; 6. Definitions and clarifications; 7. Conclusion; CHAPTER 2: UN POLICE IN PEACE OPERATIONS 1. Evolution of the functions of the UN Police in UN Peace Operations; 2. The growth in size of the UN Police; 3. Ensuring the deployment of the required types of personnel; 4. Conclusion; CHAPTER 3: EVIDENCE OF THE COMMISSION OF CRIMES BY UN POLICE 1. Findings regarding particularized allegations; 2. Possible patterns of criminal conduct; 3. Evidence of prosecution; 4. Conclusion; CHAPTER 4: CURRENT UN MACHINERY FOR COLLECTINGINFORMATION FOR DOMESTIC CRIMINAL PROCEEDINGS 1. Benchmarks; 2. Evolution of the approach to, and the mechanisms for, dealing with criminal misconduct; 3. Analysis of the mechanisms’ performance; CHAPTER 5: CRIMINAL JURISDICTION UNDER INTERNATIONAL LAW AND NATIONAL LAW 1. Introduction; 2. Criminal laws to which the UN Police are subject; 3. International law governing jurisdiction; 4. National laws dealing with jurisdiction; 5. Conclusion; CHAPTER 6: IMMUNITY AS A POTENTIAL LEGAL BARRIER 1. The law of immunity; 2. Application of immunity in practice; 3. Conclusion; CHAPTER 7: IS THERE AN OBLIGATION TO INVESTIGATE AND PROSECUTE? 1. IHRL monitoring mechanisms; 2. A State’s obligation to investigate and prosecute UN Police officers, in relation to serious crimes; 3. Scope of the obligation; 4. The obligation of the host State to investigate and prosecute; 5. The sending State’s obligation; 6. Special circumstances pertaining to Formed Police Units (FPUs); 7. Does immunity have any impact on the State’s obligation to prosecute?; 8. Does the UN have an obligation to investigate and prosecute crimes committed by UN Police officers?; 9. Conclusion; CHAPTER 8: CONCLUSION; Index.

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Book SynopsisMigration on the Move examines the dynamics of migration and asylum law over the past two decades and highlights profound changes that have taken place in these fields as a result of growing EU competences to deal with migration and asylum questions. The book maps the transformation of the migration field by focusing on three interrelated issues: the effects of Europeanization and the shifting power relations that it implies; placing Europe’s laws and policies in a global migration context, and critically examining to whom ‘project’ Europe belongs. The contributors offer a multidisciplinary analysis of key aspects of the migration and refugee crisis and their implications for policies, principles of law, and the treatment of people in Europe today.Table of ContentsList of Figures About the Authors 1 Migration on the Move: An Introduction  Carolus Grütters, Sandra Mantu and Paul Minderhoud Part 1: Changing Focus 2 Changing Paradigms in Migration Law Research  Thomas Spijkerboer 3 Sexuality, Race and Masculinity in Europe’s Refugee Crisis  Betty de Hart 4 Free Movement of Workers: Some Reflections  Paul Minderhoud 5 Two Decades eu Migration Law for Third Country Nationals  Tineke Strik Part 2: Europe in the World 6 Current Protection Dilemmas in the European Union  Jens Vedsted-Hansen 7 Governing Migration in an age of Globalization  James Hollifield and Rahfin Faruk 8 Hotspots, Cold Fact. Managing Migration by Selecting Migrants  Marie-Laure Basilien-Gainche 9 Turkey’s Role in eu Migration Law and Policy: Turkeys Voting for Christmas  Margarite Helena Zoeteweij and Ozan Turhan Part 3: People’s Europe 10 eu Inclusion and Exclusion: From Workers to Citizens to People  Elspeth Guild 11 Alternative Views on eu Citizenship  Sandra Mantu 12 Access to Justice for Asylum Seekers Is the Right to Seek and Enjoy Asylum Only Black Letter Law?  Ashley Terlouw 13 Navigating Migration Policies in Europe: Insights from the Field  Asuncion Fresnoza-Flot 14 Brexit: Free Movement of Union Citizens and the Rights of Third-Country Nationals under Threat?  Kees Groenendijk Index

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Book SynopsisIn Feminicides of Girl Children in the Family Context: An International Human Rights Law Approach, Clara Chapdelaine-Feliciati examines the issue of feminicide, more specifically female infanticide, and the extent to which it is addressed under international law. For this purpose, she explores the origins of son preference and ‘daughter devaluation’, and the myriad factors that underpin female infanticide. Legal semiotics is employed to analyse legislation and case law, and assess whether the provisions of the International Covenant on Civil and Political Rights(ICCPR 1966) sufficiently protect girl children. Amendments to the ICCPR are proposed to clarify States parties’ duty of due diligence and ensure that the crime of female infanticide is effectively prohibited, investigated, and prosecuted.Table of ContentsContents Feminicides of Girl Children in the Family Context: An International Human Rights Law Approach  Clara Chapdelaine-Feliciati Abstract Keywords  Part 1: Introduction  Part 2: Feminicide and Female Infanticide  Part 3: Protection under the International Covenant on Civil and Political Rights  Part 4: Conclusion and Recommendations  Acknowledgements  References

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Book SynopsisThe Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 1 is ISIS and Implications for Human Rights and Humanitarian LawTable of ContentsEditorial; 1. Focused Theme: ISIS & Implications for Human Rights and Humanitarian Law I. Nazir Afzal, Increasing the Civic Society Contribution to Tackling Extremism: We need a new Civic Response to Tackle Extremism II. Michael Wood, Michael Legal Aspects of the Use of Force against ISIS III. Mohamed Badar, The Self-Declared Islamic State and Ius ad Bellum under Islamic International Law IV. Ignacio DeLa Rasilla, Ignacio An International Counter Terrorism Court in Nuce in the Age of International Adjudication? V. Silvia Venier, & Denise Venturi, ISIS and the violations of human rights of sexual minorities: Is the international community responding adequately? 2. General Articles I. Matthias Vanhullebusch, Fighting for Self-Determination: On equality of peoples and belligerents II. Viviane Weng, Domestication of International Human Rights Norms in Taiwan: A dialogue through conventionality review under construction III. Maartje de Vissier, Cultivating Judicial Conversations on Human Rights Protection under the Auspices of a Regional Rights Regime IV. Rawa Al-Makky, The League of Arab States and the Arab Charter on Human Rights: an assessment 3. Recent Developments & State Practice I. Eunwon Yi, Analysis of the Second Universal Periodic Review of the DPRK: Universality and Politicisation of Human Rights II. Guo Sanzhuan, Independence of National HR Instiutions and linkage between International law and domestic law: A case study of National Human Rights Commission of Korea III. Alessandra La Vaccara, IHL’s Achilles Heel: Ensuring compliance after the 32nd International Conference of the Red Cross and Red Crescent 4. Documents SAARC Conventions: SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia; Additional Protocol (to the SAARC Regional Convention on Suppression of Terrorism); The Arab League: Arab Charter on Human Rights; Organisation of Islamic Cooperation: The Cairo Declaration on human rights in Islam; Statute of the OIC Independent Permanent Human Rights Commission; Covenant on the Rights of the Child in Islam; Index.

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Book SynopsisThe Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention’s implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities. In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements. The volume thus updates and augments previous assessments.Trade Review"The volume is a valuable snapshot of the monitoring work of the ACFC and a respectful analysis of the FCNM through the prism of the interpretations given by the ACFC throughout twenty years of practice. (...) The aim of the editors “to support all stakeholders and beneficiaries in their work with the FCNM” (p. XI) has been certainly fulfilled, with the remark that the volume addresses rather advanced readers, who already have background knowledge about the FCNM and the ACFC approach to minority protection." Ljubica Djordjević, European Yearbook of Minority Issues, Volume 18 (2019).Table of ContentsPreface Abbreviations in the Commentaries Part 1: General Articles Introduction  Rainer Hofmann, Tove H. Malloy and Detlev Rein 1 Beyond Adhocism – Advancing Minority Rights through the United Nations  Antti Korkeakivi 2 The protection of minority rights by the European Union: the European Citizens’ Initiative as a test case  Gabriel N. Toggenburg Part 2: Commentaries article-by-article 3 Commentary of the Preamble of the Framework Convention for the Protection of National Minorities  Alan Phillips 4 Commentary of Article 1 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 5 Commentary of Article 2 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 6 Commentary of Article 3 of the Framework Convention for the Protection of National Minorities  Stéphanie Marsal and Francesco Palermo 7 Commentary of Article 4 of the Framework Convention for the Protection of National Minorities  Barbara Wilson 8 Commentary of Article 5 of the Framework Convention for the Protection of National Minorities  Petra Roter 9 Commentary of Article 6 of the Framework Convention for the Protection of National Minorities  Doris Angst 10 Commentary of Article 7 of the Framework Convention for the Protection of National Minorities  Anna Fontaine 11 Commentary of Article 8 of the Framework Convention for the Protection of National Minorities  Tove H. Malloy 12 Commentary of Article 9 of the Framework Convention for the Protection of National Minorities  Günther Rautz and Mahulena Hofmann 13 Commentary of Article 10 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 14 Commentary of Article 11 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 15 Commentary of Article 12 of the Framework Convention for the Protection of National Minorities  Sia Spiliopoulou Åkermark 16 Commentary of Article 13 of the Framework Convention for the Protection of National Minorities  Detlev Rein 17 Commentary of Article 14 of the Framework Convention for the Protection of National Minorities  Brigitta Busch 18 Commentary of Article 15 of the Framework Convention for the Protection of National Minorities  Tove H. Malloy 19 Commentary of Article 16 of the Framework Convention for the Protection of National Minorities  Tove H. Malloy 20 Commentary of Articles 17 and 18 of the Framework Convention for the Protection of National Minorities  Emma Lantschner 21 Commentary of Article 19 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 22 Commentary of Articles 20, 21, 22 and 23 of the Framework Convention for the Protection of National Minorities  Hans-Joachim Heintze 23 Commentary of Articles 24–26 of the Framework Convention for the Protection of National Minorities  Detlev Rein 24 Commentary of Article 27 of the Framework Convention for the Protection of National Minorities  Detlev Rein 25 Commentary of Article 28 of the Framework Convention for the Protection of National Minorities  Detlev Rein 26 Commentary of Article 29 of the Framework Convention for the Protection of National Minorities  Detlev Rein 27 Commentary of Article 30 of the Framework Convention for the Protection of National Minorities  Detlev Rein 28 Commentary of Article 31 of the Framework Convention for the Protection of National Minorities  Detlev Rein 29 Commentary of Article 32 of the Framework Convention for the Protection of National Minorities  Detlev Rein Bibliography fcnm Commentary

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Book SynopsisTo which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.

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Book SynopsisNon-discrimination is a fundamental principle of international human rights law. This volume discusses the international legal framework on this principle and comparatively elaborates the definition of discrimination as well as the grounds of discrimination in the various general and specialised international human rights treaties, including the International Labour Organisation conventions. The element of special measures as an integral aspect of this principle is also raised. A comparative discussion on the incorporation of international standards on the principle of non-discrimination established in the international treaties in regional as well as national human rights frameworks is also set forth to provide practical illustrations of the application of these standards in more specific and localised perspectives. Selected regional frameworks discussed are the African, American and European human rights regional frameworks and the national frameworks are South Africa and Brazil.

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Book SynopsisIn Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination. This volume is an essential guide for researchers seeking to acquaint themselves quickly with a comparative view of cutting-edge issues concerning sexual orientation and gender identity rights. Other titles published in this series: - Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447 - International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461 - Comparative Discrimination Law; Age as a Protected Ground, Lucy Vickers; isbn 9789004345539Table of ContentsSexual Orientation and Gender Identity Discrimination  Holning Lau  Abstract  Keywords  Introduction  I Terminology, Scope, and Methodology  II SOGI Discrimination as Sex Discrimination  III SOGI as Protected Categories of Their Own  IV Sequential Development of SOGI Discrimination Protections  V Drawbacks of SOGI Discrimination Protections  VI Exemptions from SOGI Discrimination Bans  Conclusion  Acknowledgment  References

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Book SynopsisThis comparative review of age as a protected ground in discrimination law explores the underpinning questions and themes related to two main dimensions of age discrimination. The first dimension is structural, economic and labour market driven, whereby age is used to allocate a range of rights, obligations and benefits within society. The second is the social justice and equality dimension, in which age is understood as an aspect of individual identity that is worthy of protection against indignity or detriment. The review then considers the law on age discrimination in a number of jurisdictions, the EU law, the UK, Sweden, USA, Canada and South Africa, and assesses the extent to which the underpinning questions explain the developing case law.

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Book SynopsisThis volume in the Brill Research Perspectives in Comparative Discrimination Law compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution sex discrimination protection in human rights law in three treaty-bodies - the CEDAW Committee, the HRC and the CESCR. Second, it traces the development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, it compares the development of sex discrimination protection in international law with its development in the domestic laws of the three countries and analyses the implications of that comparison. Despite differences in the translation of international approaches to sex discrimination into domestic law and differences in social, political and cultural contexts, women appear to face similar limitations in accessing justice through sex discrimination frameworks.Table of ContentsSex as a Protected Ground in International and Domestic Law  Christine Forster and Vedna Jivan Abstract Keywords  Introduction  Part 1: Sex as a Protected Ground  Part 2: Sex as an Internationally-Protected Ground in Human Rights Law  Part 3: Translating International Sex Discrimination Law into Domestic Law  Part 4: Comparing International and Domestic Sex Discrimination Law

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Book SynopsisThis fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Canada, France, South Africa, Brazil, Colombia, Peru, Hong Kong, Japan, Korea, Israel, India, and others). The goal is to analyze the strengths and weaknesses of various kinds of anti-discrimination legal devices to aid in the study of law reform efforts across the globe centered on racial equality.Table of ContentsRacial Discrimination  Tanya Kateri Hernandez  Abstract  Keywords  Part 1: Comparative Law’s Resistance to Race  Part 2: Procedural Law Comparisons as to Equality Claims  Part 3: Definitions of Discrimination, Equality and Race Discrimination  Part 4: Criminal v. Civil Law  Part 5: Multiple Discrimination/Intersectionality  Part 6: Affirmative/Positive Action Remedies for Race Discrimination  Part 7: Conclusion  References

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Book SynopsisPositive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.Table of ContentsThe Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality: A Comparative Global Perspective  David B. Oppenheimer  Abstract  Keywords  Introduction  Part 1: Positive Measures and Labor/Employment Law  Part 2: Positive Measures in Higher Education  Part 3: Parity Democracy – State Legislative Bodies  Part 4: Positive Measures and Corporate Boards  Part 5: Conclusion – The Global Ubiquity of Positive Measures  Acknowledgements  Bibliography

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Book SynopsisIn Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria, Ahmed Salisu Garba provides an account of how states in Northern Nigeria have enacted laws to regulate religious preaching in the spheres of influence. The work examines the debates surrounding the laws and how the state in collaboration with dominant religious groups persecuted members of minority religious in the states. The author applied an argumentative approach to raise and analyse issues relating to the reasonability of the laws in Nigeria, reasons for their enactment, judicial review mechanisms employed in the determination of the reasonability of the laws in democracies, and how they accord with the freedom of religion clause in the Nigerian Constitution.

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Book SynopsisThis collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.

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Book SynopsisIn The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach.Table of ContentsForeword Acknowledgements List of Acronyms Introduction  1 Setting the Scene: The ilo and the Perennial Uncertainty around the Requirement of Consultation with Indigenous Peoples  2 Research Questions and Methodology  3 Structure of the Book 1 General Background  1 The ilo and Its Standard System in a Nutshell   1.1 The ilo’s Broad Mandate   1.2 Tripartism   1.3 The ilo Functioning   1.4 International Labour Standards   1.5 ilo Supervisory System  2 Historical Development of ilo Standards Concerning Indigenous Peoples   2.1 Standards on Indigenous Workers   2.2 Concern for Indigenous Populations in ilo Regional Conferences   2.3 Standards on ‘indigenous populations’ and the Question of ilo Competence   2.4 Criticism against ilo Convention No. 107 and the Genesis of Convention No. 169 2 Consultation with Indigenous Peoples: Conception and Normative Dimensions  1 The Notion of Consultation in the ilo Regime  2 Overview of the Provisions on Consultation in ilo Convention No. 169  3 History of the Concept of Consultation with Indigenous Peoples   3.1 Early Developments in the Context of ilo Convention No. 107   3.2 Debates Within the Development Process of ilo Convention No. 169  4 Dimensions of the Concept of Consultation with Indigenous Peoples   4.1 Consultations with Indigenous Organizations during the Negotiation of Convention No. 169   4.2 Consultation as a Guiding Principle of ilo Convention No. 169   4.3 The Human Rights Dimension of the Requirement of Consultation  5 Conclusions and Outlook 3 State Practice  1 Preliminary Considerations   1.1 Incorporation of International Norms   1.2 The Need for the Adoption of Implementing Legislation   1.3 The Role of National Courts  2 State Practice on Consultation among States Parties to ilo Convention No. 169   2.1 Convention No. 169 as a Support for Democracy in Latin America   2.2 Convention No. 169 in the Commonwealth of Nations: Dominica   2.3 Scandinavian Countries: Progress in Consultation Mechanisms   2.4 Asia and Oceania: Consultation in a Contested Terrain   2.5 Convention No. 169 in the Central African Republic: Consultation in a Context of Armed Conflict in Africa  3 Comparison and Conclusions 4 Practice of the ilo Supervisory Bodies  1 Regular Reporting System (Art. 22 of the ilo Constitution)   1.1 The ceacr and its Contested ‘interpretive functions’   1.2 Examination of State Reports Concerning ilo Convention No. 169: Procedural Aspects   1.3 Possibility for Indigenous Peoples to Provide Comments on State’s Reports   1.4 The Requirement of Consultation with Indigenous Peoples in the Jurisprudence of the ceacr  2 Debates over Consultation Within the cas 132  3 Consultation with Indigenous Peoples in the Context of Representations (Art. 24 of the ilo Constitution)   3.1 Tripartite Committees’ General Approach   3.2 The Requirement that Consultation Should be Prior   3.3 Subjects Entitled to Consultation and the Question of Indigenous Representation   3.4 Measures to be Consulted on with Indigenous Peoples  4 Conclusions and Outlook 5 Consultation with Indigenous Peoples in International Human Rights Law  1 The Requirement of Consultation and Free, Prior and Informed Consent under the un System of Human Rights   1.1 Indigenous Peoples in the un in a Nutshell   1.2 The Requirement of Consultation and Free, Prior and Informed Consent under the undrip   1.3 Consultation and Free, Prior and Informed Consent in the Practice of the Human Rights Treaty Bodies   1.4 Consultation and Free, Prior and Informed Consent in the Work of the un Special Rapporteur on the Rights of Indigenous Peoples   1.5 Consultation and Free, Prior and Informed Consent in the Studies of the Expert Mechanism on the Rights of Indigenous Peoples  2 The Notion of ‘consultation’ with Indigenous Peoples in Regional Human Rights Systems   2.1 The Contribution of the Inter-American System of Human Rights   2.2 Indigenous Peoples and the Question of Consultation in the African Human Rights System  3 Evaluation   3.1 Consultation with Indigenous Peoples, an Evolving Norm of Customary International Law?   3.2 A Treaty Norm vs. a Customary Rule on Consultation with Indigenous Peoples   3.3 Consultation with Indigenous Peoples as a General Principle of International Law 6 Overall Assessment  1 Reconsidering Flexibility  2 Rectifying Indeterminacy   2.1 The Option of a Supplementary Recommendation to ilo Convention No. 169   2.2 A Resolution of the International Labour Conference   2.3 A Need for an icj Advisory Opinion?   2.4 Clarification by the International Labour Office   2.5 The Failed Attempt to Undertake a General Survey on ilo Convention No. 169   2.6 Standard Review Mechanism 1  3 Revisiting the Interpretive Practice of ilo Supervisory Bodies   3.1 The Inappropriateness of the Current Interpretive Approach   3.2 A Human Rights-Oriented Interpretive Approach to ilo Convention No. 169  4 Institutional Considerations   4.1 Re-reading the ilo Mandate   4.2 The ilo Cooperation with the un in the Promotion of Indigenous Peoples’ Rights   4.3 A Special Committee to Deal with C169? Conclusions List of References Index

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Book SynopsisThis collection of essays by a variety of scholars, compiled to celebrate the silver anniversary of The International Journal of Children’s Rights, builds on work already in the literature to reveal where we are now at and how the law concerned with children is reacting to new developments. New, or relatively new subject matter is explored, such as film classification, intersex genital mutilation, the right to development. Rights within the context of sport are given an airing. We are offered new perspectives on discipline, on the significance of “rights flowing downhill,” on the so-called six “ General Principles.“ The uses to which the CRC is put in legal reasoning in some legal systems is critically examined. Though not intended as an audit, the collection offers a fascinating image of where the field of children's right is at now, the progress that has been made, and what issues will require work in the future.Table of ContentsIntroduction Do Rights Still Flow Downhill?  Katherine Hunt Federle Does Exactly What it Says on the Tin? A Critical Analysis and Alternative Conceptualisation of the So-called “General Principles” of the Convention on the Rights of the Child  Karl Hanson and Laura Lundy Common Criticisms of Children’s Rights and 25 Years of the ijcr  Priscilla Alderson Philosophy with Children: A Rights-based Approach to Deliberative Participation  Claire Cassidy The Role of Canada’s Child and Youth Advocates: A Social Constructionist Approach  Daniella Bendo and Richard C. Mitchell What is “Discipline” in the Age of Children’s Rights?  Joan E. Durrant and Ashley Stewart-Tufescu Developing the Right to Development  Noam Peleg Intersex Genital Mutilation – A Western Version offgm  Melinda Jones Norwegian Children’s Rights in Sport and Coaches’ Understanding of Talent  Jan Emil Ellingsen and Anne G. Danielsen Children’s Participation Rights in Film Classification Systems  Tim Covell Teaching and Learning Traditions in Children’s Human Rights Curriculum Emphases in Theory and Practice  Lotta Brantefors and Nina Thelander Stand up to Children’s Rights: An Exercise in Listening in English as a Foreign Language  Rigoberto Castillo, Natalia A. Gabalo and Natalia Segura Use of the uncrc in Family Law Cases in England and Wales  Stephen Gilmore Words Matter: Textual Abuse of Childhood in the English-Speaking World, and the Role of Language in the Continuing Denial of Children’s Rights  Bernadette J. Saunders Article 12 of the un Convention on the Rights of Children Where Have We Come from, Where Are We Now and Where to from Here?  Professor Mark Henaghan Tales of the Apocalypse: The Child’s Right to a Secure Climate  Anne McGillivray Index

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Book SynopsisThe People’s Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). This unique volume gives a voice to the different religious communities affected by the current laws and practices in force in Bangladesh. The reader will find an overview and gain understanding of the legal issues that need to be addressed in each case.Table of ContentsForeword  Meghna Guhathakurta Foreword  Cécile Insinger Preface  Kamal Hossain Acknowledgments List of Illustrations Notes on Contributors Introduction 1 Civil Laws Governing Christians in Bangladesh A Proposal for Reform  Faustina Pereira 2 Combating Gender Injustice: Women and the Hindu Law of Personal Status in Bangladesh A Comparative Analysis  Shahnaz Huda 3 Muslim Women’s Rights under Bangladesh Law Provisions, Practices and Policies Related to Custody and Guardianship  Nowrin Tamanna, Muhammad Amirul Haq and Sara Hossain 4 Gender, Personal Laws and Practices of the Bengali Barua Buddhists of Bangladesh  Shahnaz Huda 5 Personal Laws of the Indigenous Peoples of the Chittagong Hill Tracts, Bangladesh: A Gender Perspective  Rani Yan Yan and Raja Devasish Roy Annex i Hindu Marriage Registration Act, 2012 Annex ii Guardians and Wards Act, 1890 Index

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Book SynopsisIncitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, perhaps most challenging of all, how does social media and the nature of communication and engagement in today’s virtual world change or complicate how we think about and can respond to incitement?Table of ContentsList of Contributors Introduction Part 1: Foundational Issues Freedom of Expression, Hate Speech, and Incitement to Terrorism and Genocide: Resonances and Tensions  Gregory S. Gordon Public International Law and Cyber Incitements to Violence  Sean Watts Incitement to Terror and Freedom of Speech  Micah Lakin Avni Part 2: Comparative Perspectives Wrestling with Freedom of Expression and the Spread of Extremism: A uk Perspective  Ronald Thwaites French Law and eu Rules in the Fight against Incitement to Terrorism or Violent Extremism  Sylvie Schlanger Canadian Legal Perspectives on Incitement to Terrorism Containing the Proliferation of Incitement: A Canadian Perspective  Christian Leuprecht Incitement and Related Matters in Israeli Law Fighting Incitement: The Work and Practice of the Israeli Prosecution 2014–2016  Erez Padan The un and Incitement  Anne Bayefsky Part 3: Incitement, Terrorism and War Targeting Speech in War  Rachel VanLandingham Criminal and Military Incitement Response Tools: Prosecution and Security Detention  Geoffrey S. Corn Imminence Reconsidered  Asa Kasher Part 4: Emerging Issues and Challenges Inciting Terrorism on the Internet: The Limits of Tolerating Intolerance  Amos Guiora Combating Incitement to Violence on the Internet through Service Provider Action  David Matas Police and Incitement to Terrorism: The Challenge of Countering Violent Narratives  Robert R. Friedmann Index

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Book SynopsisIn Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.Table of Contents1 Introduction  1 Discriminatory Violence as a Global Phenomenon  2 The Need for a More Significant Role for the ECtHR In Addressing and Combating the Phenomenon of Discriminatory Violence  3 Scope and Structure of this Book  4 Some Final Words 0n Methodology 2 Contextualising Discriminatory Violence within the Council of Europe  1 Introduction  2 The Substantive Legal Framework: Anti- Discrimination Law in the Council of Europe  3 General Features of Article 14 Echr and their Impact on Complaints of Discriminatory Violence  4 Important Taxonomies to Categorise Discrimination Complaints   4.1Formal and Substantive Equality   4.2Direct and Indirect Discrimination  5 Conclusion 3 Ordering Discriminatory Violence: Three Types of Complaints  1 Introduction  2 The Negative Duty of State Officials to Refrain from Inflicting Discriminatory Violence  3 The Positive Duty of State Officials to Effectively Investigate Discriminatory Violence and to Identify and Punish those Responsible  4 The Positive Duty of State Officials to Take Preventive Measures against Discriminatory Violence  5 The remaining Cases of Discriminatory Violence: Complaints Connected to Provisions other than Article 2 or Article 3 ECHR  6 Conclusion 4 The Collection of Facts and the Actors Involved in Fact- Finding at the ECtHR  1 Introduction  2 The legal Framework for the Examination of a Case by the ECtHR  3 How Applicants and Respondent States are Engaged in Fact- finding during the Procedure before the ECtHR   3.1Presenting an Application to the Court   3.2The Parties’ Obligation to Cooperate with the Court  4 Fact- finding Missions Conducted by the ECtHR  5 Contributions to Fact- Finding by External Actors  6 Conclusion 5 The Standard of Proof in Cases of Discriminatory Violence  1 Introduction  2 Some General Observations on The Notion of ‘Standard of Proof’  3 Standards of Proof in ECtHR Case Law  4 ‘Beyond Reasonable Doubt’ in ECtHR Case Law   4.1The ECtHR Definition of ‘Beyond Reasonable Doubt’ and the Origins of this Standard of Proof   4.2Testing the ‘Beyond Reasonable Doubt’ Standard in Cases of Discriminatory Violence  5 Conclusion 6 The Distribution of the Burden of Proof in Cases of Discriminatory Violence  1 Introduction  2 Some General Observations on the ‘Burden of Proof’  3 Presumptions and Inferences  4 The Influence of Presumptions and Inferences on the Distribution of the Burden of Proof in Violence Cases   4.1Cases in which Individuals were Injured, Died or Disappeared while in the Hands of State Agents   4.2Presumptions and Inferences in Cases in which Evidence Discloses an Administrative Practice   4.3Interim Conclusion  5 The Distribution of the Burden of Proof in Cases in which a Discriminatory Nature of Violence is Alleged   5.1The Circumstances Under which the Burden of Proof May Shift   5.2Exploring New Criteria to Shift the Burden of Proof in Cases of Discriminatory Violence  6 Conclusion 7 Evidentiary Material Used to Prove Discriminatory Violence at the ECtHR  1 Introduction  2 Admissibility of Evidence in ECtHR Proceedings  3 Factual Elements from the Domestic Case File Pointing to Discriminatory Violence   3.1Confessions   3.2Instructions   3.3Discriminatory Remarks   3.4Extremist Groups   3.5The Remaining Factual Elements   3.6Interim conclusion  4 Statistics   4.1General Views on Statistics as Evidence   4.2The ECtHR Approach: Statistics Gaining Ground as Evidence in Cases of Indirect Discrimination   4.3The Use of Statistics in Cases of Discriminatory Violence  5 Reports Issued by Intergovernmental Organisations and NGO s  6 Conclusion 8 Conclusion  1 Introduction  2 Discrimination’ and ‘Discriminatory Violence’ in ECtHR Case Law: A Call for a More Substantive Conception of Equality in Cases Concerning Discriminatory Violence  3 Most Notable Means of Gathering Facts and Evidence in the Context of Complaints of Discriminatory Violence at the Court  4 The Adequacy of the Evidentiary Framework in Cases of Discriminatory Violence   4.1Standard of Proof   4.2Burden of Proof   4.3Evidentiary Material   4.4Synopsis: Evaluating the Evidentiary Framework in ECtHR Cases of Discriminatory Violence  5 Epilogue and Outlook: The Ecthr as the Guardian of the Rights of Disadvantaged Groups Bibliography Index

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Book SynopsisIn Religion and belief in United Kingdom employment law, Frank Cranmer discusses the relationships between religion and employment in the wider context. It is a particularly complex area of law that touches on a wide variety of issues, ranging from the basic question, ‘exactly what constitutes a “religion” or “belief”?’ to ‘what kinds of religious dress do my employees have a right to wear to work?’ and ‘what religious standards – if any – can I, as an employer, demand of my employees?’. The purpose of the study is to provide an overview of some of the current issues and problems surrounding the law relating to employment by religious organisations and the manifestation of religion in the workplace. Because the complexity of the law means that individual outcomes in disputed cases are often depend heavily on the facts, it does so primarily by examining recent case-law.

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Book SynopsisIn Protecting Stateless Persons: The Implementation of the Convention Relating to the Status of Stateless Persons across EU States, Katia Bianchini offers an in-depth comparative study of legislation, case-law and decision-making concerning the treatment of stateless persons in ten EU States. Focusing on whether and why statelessness determination procedures are needed, what their constituent elements should be, how the definition of "stateless person" is interpreted and applied, and what rights are attached to the granting of status, Katia Bianchini critically examines current national legal frameworks, and points a way forward for more effective legislation and practice in the area of statelessness. Against this backdrop, she adds insights into the wider debate on how human rights treaties should be implemented.Table of ContentsAcknowledgements List of Tables List of Abbreviations Introduction Part 1: Background and Framework for Understanding Statelessness and the 1954 Convention 1 The Scope of the Book 2 The Problem of Statelessness and the International Response 3 Protecting Stateless Persons: Strengths and Weaknesses of the 1954 Convention Part 2: National Implementation of the 1954 Convention Compared 4 Building a Cross-National Comparison of Incorporation of the 1954 Convention in National Legal Systems 5 Procedures to Determine Statelessness in States under Category One 6 General Standards to Determine Statelessness in States under Category Two 7 Procedures and Practice in States with No Provisions to Identify Stateless Persons – States under Category Three 8 The Implementation of the Definition of ‘Stateless Person’ 9 Grant of Status and Rights Part 3: Conclusions and Recommendations 10 Summary and Comparative Analysis of the Implementation of the 1954 Convention 11 Beyond the 1954 Convention: Reflections on the Wider Issue of Implementation of Human Rights Treaties 12 Recommendations towards Best Practices Annex: Meaning of the Terms ‘Deportation’, ‘Removal’ and ‘Expulsion’ Table of Cases Table of Legislation United Nations Materials List Of National Informants References Index

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Book SynopsisHuman and Societal Security in the Circumpolar Arctic addresses a comprehensive understanding of security in the Arctic, with a particular focus on one of its sub-regions – the Barents region. The book presents a comparative and interdisciplinary perspective to which the Arctic is placed as referent, and special attention is paid to the viewpoint of local and indigenous communities. Overarching topics of human and societal security are touched upon from various angles and disciplinary approaches, The discussions are framed in the broader context of security studies. The volume specifically addresses the challenges facing the Arctic population which are important to be looked at from human security perspectives.Table of ContentsPreface Notes on Contributors Part 1: Introduction Understanding Human Security as a Tool to Promote Societal Security in the Arctic  Kamrul Hossain, Miguel Roncero and Anna Petrétei Part 2: Overview of Human and Societal Security in the Circumpolar Arctic: Local Actors and Governance Frameworks 1 Policies and Strategies for the Arctic: A Review of the Approaches to Human Security in the Arctic  Jose Miguel Roncero 2 The Interplay of the Human Security and Sustainable Development Concepts: The Case of Russia’s Arctic Industrial Centers  Alexander Sergunin 3 Human Security, Risk and Sustainability in the Swedish Policy for the Arctic  Sara Nyhlén, Katarina Giritli Nygren, Anna Olofsson and Johanna Bergström 4 Colonialism, Statehood, and Sámi in Norden and the Norwegian High North  Wilfrid Greaves 5 Outer Space and Indigenous Security: Sweden’s ESRANGE Launch Site and the Human Security of the Sami  Michael Sheehan Part 3: Arctic Societies: Local Implications of Global Developments 6 The Value of the Barents Region: More than a Resource Provider  Corinna Casi 7 Whether and How Social Work Could Address the Long-term Socio-environmental Risks Caused by the Mining Industry in Northern Finland  Satu Ranta-Tyrkkö 8 Achieving Human and Societal Security in Oil Producing Regions: A Komi-Izhma Community Perspective from Pripechor’e, Russia  Julia Loginova 9 The Role of Hydrocarbon Development in Arctic Governance: A Suitable Approach for Human Development in the Region?  Gerald Zojer 10 Arctic Society and Societal Security: A Reference to Extractive Developments in Northern Fennoscandia  Kamrul Hossain, Anna Petrétei 11 Indigenous Rights and Livelihoods as Concerns in the Decision-Making on Extractive Industries in Finland  Stefan Kirchner Part 4: Identity, Culture, Business and Community Values 12 Innocence Challenged: Perceptions and Constructions of Human Security in Scandinavian Literature on the Arctic  Helene Peterbauer and José Miguel Roncero Martín 13 Digital Storytelling: A Bottom-Up Approach to Gender & Human Security in the Barents Region?  Tahnee Lisa Prior 14 Cultural Identity in Families with “The Finnish Origin,” Living in a Russian Speaking Environment (According to Material of Murmansk Region)  Elena Busyreva 15 Favorite and Least Favorite Places of the Northern Border Cities (As Exemplified in the Drawings of Schoolchildren of Nikel and Kirkenes)  Tatiana Zhigaltsova Part 5: Conclusion The Arctic – A Region in Motion  Kamrul Hossain, Miguel Roncero and Anna Petrétei Index

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Book SynopsisThis book provides a detailed examination of how norms concerning human rights, civilian protection and prevention of mass atrocities have fared in the regions of Southeast Asia and Africa. Originated as a spin off of the journal GR2P (vol. 8/2-3, 2016), it has been enriched with new chapters and revised contents, which contrast the different experiences of those regions and investigates the expression of human protection norms in regional organisations and thematic policy agendas as well as the role of civil society mechanisms/processes. Hunt and Morada have brought together scholar-practitioners from across the world.The collection identifies a range of insights that provide rich opportunities for south-south exchange and mutual learning when it comes to promoting and building capacity for human protection at the regional level.Table of ContentsAcknowledgements Notes on Contributors Introduction: Regionalism and Human Protection: Reflections from Southeast Asia and Africa  Charles T. Hunt and Noel M. Morada Southeast Asian Regionalism, Norm Promotion and Capacity Building for Human Protection: An Overview  Noel M. Morada ASEAN Human Rights Regime and Mainstreaming the Responsibility to Protect: Challenges and Prospects  Sriprapha Petcharamesree Building the Women, Peace and Security Agenda in the ASEAN through Multi-Focal Norm Entrepreneurship  Ma. Lourdes Veneracion-Rallonza Bridging the Protection Gap: Rethinking the ‘three pillars’ to Eliminate Sexual and Gender-Based Violence in ASEAN  Maria Tanyag ASEAN and Human Protection in Myanmar: From Non-Interference to Non-Indifference?  Noel M. Morada Atrocity Prevention: From Promise to Practice in the Asia Pacific  Alex J. Bellamy Human Protection in Africa’s Regional Arrangements: Regional Perspectives and Institutional Expressions  Charles T. Hunt The African Union as a Norm Entrepreneur: The Limits of Human Protection and Mass Atrocities Prevention  Tim Murithi The Role of CSOs in Promoting Human Rights Protection, Mass Atrocities Prevention, and Civilian Protection in Armed Conflicts  Chukwuemeka B. Eze A Regional Responsibility to Protect? Towards ‘Enhancing Regional Action’ in Africa  Obinna Franklin Ifediora Regionalizing Protection: AU and ASEAN Responses to Mass Atrocity Crimes against Internally Displaced Persons  Phil Orchard Conclusion: Learning Lessons across and between Regions: Norm Promotion and Capacity Building for Human Protection  Charles T. Hunt and Noel M. Morada Bibliography Index

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Book SynopsisThe adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific article-by-article analysis and reflection of the negotiation history and evolution over time of each one of the rights enshrined therein.Table of ContentsForeword Völker Turk, UN High Commissioner for Human Rights Acknowledgments Notes on Contributors The 75th Anniversary of the Universal Declaration of Human Rights   Humberto Cantú Rivera 1  Dignity and Equality   Francisco J. Rivera Juaristi 2 Non-discrimination   Aderomola Adeola 3 The Right to Life, Liberty and Security   Danielle Anne Pamplona 4 The Prohibition of Slavery   Daria Davitti 5 The Prohibition of Torture   Etienne Henry 6 Recognition before the Law   Alonso E. Illueca 7 Equality before the Law and Equal Protection of the Law   Dorothy Estrada-Tanck 8 The Right to an Effective Remedy   Humberto Cantú Rivera 9 The Prohibition of Arbitrary Detention   José Antonio Guevara Bermúdez 10 The Right to a Fair Trial   Dinah Shelton 11 The Principle of Legality   Andrew Novak 12 The Rights to Privacy and Family Life   Audrey Lebret 13 Freedom of Movement and the Right of Residence   Karlos A. Castilla Juárez 14 The Right to Asylum   Javier Tous 15 The Right to a Nationality   Leonardo S. C. Castilho 16 The Right to Marry and to Found a Family   Ana Cláudia Ruy Cardia Atchabahian 17 The Right to Property   Carolina Olarte-Bácares 18 Freedom of Thought, Conscience and Religion   Pablo Contreras and Belén Saavedra 19 Freedom of Opinion and Expression   David Kaye and Azin Tadjdini 20 The Right to Freedom of Peaceful Assembly and Association   Alejandra Ancheita and Michael Rolla Negrete Cárdenas 21 Political Rights   Anna Glazewski 22 The Right to Social Security   Magdalena Sepúlveda Carmona 23 The Right to Work   Larry Catá Backer 24 The Right to Just and Favourable Conditions of Work   Nicolas Bueno 25 The Right to an Adequate Standard of Living The Right to Housing   Jessie Hohmann 25.1 The Right to an Adequate Standard of Living The Right to Food   Ana María Suárez Franco 25.2 The Right to Social Security   Virginia Bras Gomes 26 The Right to Education   Daniel Iglesias Márquez 27 Cultural Rights   Daniel Cerqueira 28 The Right to a Social and International Order   Emmanuel Decaux 29.1 Duties to the Community   Laurent Trigeaud 29.2 Limitations in the Exercise of Rights   Alfredo Crosato Neumann 30 The Non-abuse Clause   Nicolás Carrillo-Santarelli Index

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Book SynopsisTom Lantos was a Hungarian-born U.S. Congressman remembered for raising awareness and respect for human rights around the world. He was elected to the United States House of Representatives in 1980 becoming the only Holocaust survivor ever to serve in the Congress. In 1983 he co-founded and chaired the Congressional Human Rights Caucus renamed in his honour as the Tom Lantos Human Rights Commission. With articles authored by leading academics this Festschrift remembers Tom Lantos’s extensive human rights activism on the human rights themes he was passionately involved with around the world. The essays offer new insights on a range of topical human rights issues, such as human rights education, religious freedom, post-conflict justice, minority rights and identity politics.Table of ContentsTribute  Joe Biden Preface  Katrina Lantos Swett Foreword  Anna-Mária Bíró Notes on Contributors 1 The Human Rights Legacy of Congressman Tom Lantos  Robert R. King  Photo Section 2 Religious Freedom in Iran and the Middle East: The Case of the Baháʾís in Selected Countries  Geoffrey Cameron and Nazila Ghanea 3 Friends in High Places? The Externalisation of Hungarian Minority Rights Claims  Myra A. Waterbury 4 Dealing with the Past in the Post-Yugoslav Space: Truth, Memory and Identity after Atrocity  Edin Hodžić 5 Human Rights Education and Training: Global Standards and Efforts Underway in China  Gudmundur Alfredsson and Zhang Wei 6 Minority Rights in Myanmar: Negotiating Identity Politics and Human Rights  Andrew Fagan 7 Sudan: A Country of Many Identities Subdued to One  Rania El Rajji 8 Contemporary Forms of the Oldest Hatred: Modern Antisemitism in the Visegrád Countries  Ildikó Barna, Anikó Félix, Grigorij Mesežnikov, Rafal Pankowski and Veronika Šternová

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Book SynopsisThis volume contains a selection of the edited and in some cases translated papers presented at the first South-South Human Rights Forum held in Beijing. The conference was jointly sponsored by the State Council Information Office and the Chinese Ministry of Foreign Affairs. The event drew hundreds of participants, mainly scholars and government officials from developing countries and international organizations. Its main theme was “Building a Human Community with a Shared Future”, which built on a proposal launched by President Xi Jinping. The papers are mostly short and often policy-oriented, offering a unique insight into the thinking and planning associated with this South-South exchange and thus a wealth of information of interest to scholars. The topics covered emerge primarily from development-related issues, such as the rights to food, education, health and poverty reduction. Though much of the volume thus focuses on economic and social rights and the right to development, civil and political rights are also discussed in the context of the need for legal guarantees for the exercise of human rights and judicial protection of rights.Table of ContentsPreface  Gudmundur Alfredsson & Zhang Wei List of Figures Notes on Contributors 1 South-South Human Rights Cooperation Has a Common Basis and Common Need   LI Junru 2 South-South Inclusive Development and Realization of Human Rights   María Soledad Pérez Tello 3 Chinese Proposal for Construction of New Mode of Global Governance in the New Era   FU Zitang 4 Towards a New Southern Approach of Human Rights   Lionel Vairon 5 The Contribution of South-South Cooperation to the Development of Global Human Rights   CHANG Jian and YIN Haozhe 6 How Will China Promote Development of Global Human Rights Agenda in South-South Cooperation?   ZHANG Wei 7 Inclusive Development and Realization of South-South Human Rights   Bruna Mara Liso Gagliardi 8 Cooperation between China and South-South Countries  Opening a New Chapter for World Human Rights Development   ZHANG Guobin 9 Promote Global Human Rights Governance for a Human Community with a Shared Future   XIAO Junyong 10 China’s Contribution and Practice in Terms of Concept-Building in South-South Human Rights Governance  From the Perspective of Global Human Rights Governance   Zhao Shukun and Mao Kui 11 Building a Human Community with a Shared Future to Drive New Progress in the Global Governance of Human Rights   CHEN Youwu 12 Building a Human Community with a Shared Future  New Thinking on Advancing Global Human Rights Governance   ZHANG Xiaoling and ZHAO Mingxia 13 The United Nations Charter and a Human Community with a Shared Future   ZHANG Guihong 14 A Human Community with a Shared Future in Global Governance Modernization  China’s Theoretical Expression and Practice   QIAN Jinyu 15 The Significance of China and South-South Cooperation for the Development of Global Human Rights Undertakings   Yonette Decina Cummings-Edward 16 Building a Human Community with a Shared Future and Promoting Global Human Rights Governance   Mikhail Alexandrovich Lebedev 17 Building a Human Community with a Shared Future by Adopting a Comprehensive Southern Vision on Human Rights   Tom Zwart 18 Construction of South-South Cooperative Community and South-South Cooperation in Global Human Rights Governance   LIU Ming 19 An Initial Discussion on Building a Human Community with a Shared Future and the Right to Peace   DU Xuewen 20 Legal Guarantee of Chinese Women’s Right to Health   XIA Yinlan 21 The Belt and Road Initiative and the Realization of the Right to Development   LI Yunlong 22 A New Platform for Human Rights Development under South-South Cooperation  The Belt and Road Disability Cooperation   ZHANG Wanhong 23 Realizing the Right to Development Through South-South Cooperation  Sharing the Chinese Experience with the World   WANG Xigen 24 Peace Studies and Global Human Rights Governance   LIU Cheng and LUO Qingyun 25 Opportunities and Challenges Brought by the Belt and Road Construction to the Development of South-South Human Rights   CHEN Bateer and LI Shuanglong 26 Increase Judicial Cooperation among Countries under South-South Cooperation and Boost the Development of Global Human Rights   LI Xiao 27 Strengthen South-South Cooperation on Safeguarding the Rights of Children and Lay a Solid Foundation for Building a Human Community with a Shared Future   TONG Lihua 28 Expand the Coverage of Social Security and Protect Citizens’ Social Security Rights and Interests—China’s Practice and Experience in Maintaining Social Security Rights and Interests of Citizens   FEI Ping 29 On China’s Aid to Africa and Human Right Protection in Africa   GAO Xinman 30 Poverty Reduction and Development in Chinese Ethnic Minority Regions  A Case Study of Targeted Poverty Alleviation in Xiangxi Tujia and Miao Autonomous Prefecture, Hunan Province   ZHANG Qing’an 31 Mongolia-China Economic Cooperation and Green Development   Nasanbat Tumur 32 Implement the Strategy of Healthy China for the Right to Health of People   HAN Dayuan 33 Further Policies and Measures for the Promotion of Growth and Development of Women in Science and Technology   ZHANG Liqin 34 China and South-South Cooperation – Important Role in Promoting Human Rights Development in the World a Perspective from Malaysia   Peter Thiam Chai CHANG 35 The Right to Development in Chinese Practice  Poverty Alleviation and Relief in China   CHENG Yanjun and LI Pai 36 New Economic World Order Outlining a Framework to a Shared Future for Sustainable Development   Yubaraj Sangroula 37 South-South Cooperation and Realization of the Right to Development  Challenges and Opportunities   Mohammad Reza Ghaebi 38 The Realization of South-South Development Rights  Examples of Poverty Alleviation, Health, Education and Job Creation   Bamazi Kossi Tchaa 39 Realization of South-South Right to Development – Poverty Alleviation, Health, Education and Employment as Examples   Limpho Masilo-Motsamai 40 The Realization of South-South Development Rights  A Case Study of Kenya   Claries Gatwiri Kariuki 41 Human Rights as a Principle, Means and End of Peace Building in Colombia   Mateo Gómezvásquez Index

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Book SynopsisAdvocating Social Change through International Law, edited by Professors Daniel Bradlow and David Hunter, explores the use of hard and soft international law in advocating for social change. Using case studies rooted in inter alia human rights, international crimes, environmental protection, public heath, and financial regulation, the book focuses on both state and non-state actors’ strategic choices regarding the use of hard and soft international law in advocating for social change. Looking through the social change lens provides new insights into the interplay between soft and hard international law, the perceived costs and benefits associated with hard and soft international law in different contexts, and the factors affecting the effectiveness of hard and soft approaches to international law.Table of ContentsAcknowledgements List of Abbreviations Notes on Contributors 1 Introduction: Exploring the Relationship between Hard and Soft International Law and Social Change  Daniel D. Bradlow and David B. Hunter 2 The Softening of Hard Law and the Hardening of Soft Law: an Extended Synopsis  Upendra Baxi 3 Promoting Social Change through Treaties and Customary International Law: the Experience of the Inter-American Human Rights System  Claudio Grossman 4 Children’s Rights: Social Change through the Application of Hard and Soft International Law  Ann Skelton 5 The International Criminal Court and the Use of Hard Law in the Quest for Accountability for Core International Crimes  Angela Mudukuti 6 The Hard Choices in Promoting Environmental Access Rights  Natalia Gomez Peña and David B. Hunter 7 The Hard Choice for Soft Commitments in the Climate Change Regime  David B. Hunter 8 A Turning Point in a Slow Revolution: the who Framework Convention on Tobacco Control  Patricia Anne Lambert 9 Soft International Law and the Promotion of Financial Regulation and Responsibility  Daniel D. Bradlow 10 Levers for and Obstacles to Social Change: Bank Lending, the Law and the Equator Principles  Sheldon Leader and Luis Felipe Yanes 11 Non-Judicial Grievance Mechanisms: Hardening the Soft Law of Corporate Accountability?  Nikki Reisch 12 Hard and Soft International Law and Their Contribution to Social Change: the Lessons Learned  Daniel D. Bradlow and David B. Hunter Index

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Book SynopsisThis volume in the Brill Research Perspectives in Comparative Discrimination Law addresses intersectionality from the lens of comparative antidiscrimination law. The term ‘intersectionality’ was coined by Kimberlé Williams Crenshaw in 1989. As a field, intersectionality has a longer history, of nearly two hundred years. Meanwhile, comparative antidiscrimination law as a field may be just over a few decades old. Thus, intersectionality’s tryst with antidiscrimination law is a fairly recent one. Developed as a critique of antidiscrimination law, intersectionality has had a significant influence on it. Yet, intersectionality’s logic does not seem to have infiltrated the logic of antidiscrimination law completely. Comparative antidiscrimination law continues to develop with intersectionality in sight, but rarely, in step. On the occasion of the 30th anniversary of Crenshaw’s seminal article that coined the term in the context of antidiscrimination law, Shreya Atrey explores this irony. Her article provides a meta-narrative of the development of the two fields with the purpose of showing what appear to be orthogonal trajectories.Table of ContentsIntersectionality and Comparative Antidiscrimination Law: The Tale of Two Citadels  Shreya Atrey  Abstract  Preface  Part 1: The Tale of Two Citadels  Part 2: Intersectionality  Part 3: Comparative Antidiscrimination Law  Conclusion

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Book SynopsisIn Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home, Pauline Maillet proposes to render visible the mechanisms by which states make their territory disappear to prevent asylum seekers’ arrival. Using legal analysis and ethnography, this book traces how several states have created spaces deemed extra-territorial.Table of ContentsAcknowledgments List of Illustrations List of Abbreviations Introduction Part 1 The Creation and Expansion of Nowhere Countries through the Law or Lack Thereof 1 The Establishment of the International Zone at French Airports as an Abject, Extra-Territorial Space  1 Refugee Policies in Council of Europe Member States in the 1980s and 1990s  2 France in the 1980s: the Rise of Xenophobia and Restrictive Migration Laws in the Midst of Economic Difficulties  3 Long-Term Confinement in the International Zone in Inhumane Conditions  4 Detention in the International Zone in a Legal Limbo Premised on Extra-Territoriality  5 The Coalescence of Activism inside and outside of the International Zone  6 Legal Activism: the Use of the “Legal Fiction” Argument to Challenge the Extra-Territoriality Thesis  7 Factors that Contributed to the Establishment of the International Zone as an Abject Space 2 The Birth of French Waiting Zones or the Manufacturing of an Illiberal Law through Regular Democratic Mechanisms  1 Context of the Marchand Amendment  2 The Marchand Amendment: a Less Protective Provision Premised on Extra-Territoriality  3 Persisting Ambiguity Regarding the Status of the Transit Zone  4 The Government’s Justification for the Amendment: Emphasis on Progress, Security and the Upcoming Litigation’s Danger  5 The Role of the Constitutional Council in the Manufacturing of an Illiberal Law  6 The Law on the Waiting Zone from 1992 to 2016: Successive Extensions of the Definition of the Waiting Zone Following Litigation “Crises” 3 Non-Citizens in French Airports’ Waiting Zones Today: the Endurance of Exclusion through Extra-Territoriality  1 The Case of Amuur v. France (1996): Airports’ International Zones Are not Extra- Territorial Spaces  2 When History Repeats Itself: Evidence of the Endurance of the Initial Phase of Extra- Territoriality  3 The Waiting Zone: the Heir of the International Zone 4 The French Law on the Waiting Zone: the Reinvention of Exclusion through Extra-Territoriality  1 The Law on the Waiting Zone: an Exclusionary Framework Forced upon the Most Vulnerable   1.1 Asylum Seekers   1.2 Accompanied Children in the Waiting Zones   1.3 Unaccompanied Children in the Waiting Zones  2 Ad Hoc Waiting Zones or the Possibility for Border Authorities to Create Zones of Lesser Rights Anywhere  3 The Exportation of the Law on the Waiting Zone to Morocco 5 Excision or the Australian Government’s Attempt to Subvert the Refugee Convention through Extra-Territoriality  1 The Tampa Incident  2 Political Context of the Tampa Incident  3 The 2001 Acts or The Legal Foundation of the Excision Policy  4 Why Australia’s Excision Policy Was Built on Wrong Assumptions  5 “Why Are We Getting Kicked Out from the Rest of Australia?” Australian Citizens’ Perspective on Excision  6 Entering an Excised Space Equals Entering a Legal Space of Lesser Rights  7 Excision or the Pinnacle of Australia’s Long-Standing Policy of Preference for Resettlement over Asylum  8 Contamination of the Regular Refugee Protection Regime by the Excision Regime  9 Extension of the Space of Exclusion   9.1 Extension of the Space of Exclusion to the Non-Citizen’s Self and Descendants   9.2 Extension of the Space of Exclusion to the Entire Mainland Part 1 Findings: Extra-Territorial Exclusion Comes in Two Forms that May Be Combined – the Case of Canada Part 2 Inside Nowhere Countries: Enforcement Practices and Mental Landscapes 6 Airport Terminals: the Border Police’s Realms. The Less Visible Part of cdg’s Waiting Zone  1 Path Followed by Passengers Prior to and upon Placement under the Waiting Zone Regime  2 Hassan’s Understanding of His Location  3 Isolation  4 Arbitrariness and Asymmetrical Power Relations  5 Psychological and Physical Violence  6 Authorities’ Perception of Detainees 7 zapi 3: a Place of Deprivation of Liberty Where Access to Rights Remains Challenging  1 Background Information on zapi 3  2 Euphemistic Discourses: zapi 3 as a “Hotel”  3 A Place of Deprivation of Liberty Where Tension Transpires  4 Limited Visibility and Police Omnipresence  5 Barriers to Accessing Remedies in Case of Mistreatment  6 Barriers to Accessing Legal Aid Part 2 Findings: Nowhere Countries Are Vanishing Points Where Border Control Takes Precedence over Rights Part 3 Nowhere Countries or One Non-Entrée Mechanism amongst Many 8 The Symbiotic Relations between Carrier Sanctions and the Waiting Zone  1 A Brief History of Carrier Sanctions at the International and National Level  2 Carriers’ Responsibility (Part 1): Accommodation and Return  3 Carriers’ Responsibility (Part 2): Fines  4 The Impact of Fines on Companies’ Budgets  5 France within the Landscape of Carrier Sanctions: One Country among Many  6 Governmental Actors’ Perspective on Fines and Asylum Seeking  7 “We Are Not Border Police Auxiliaries!” Trade Unionists’ Resistance to the Carrier Responsibility Framework 9 The Waiting Zone: the Last Gate to Keep Asylum Seekers Away  1 Interpretation and Communication Issues  2 Unsatisfactory Access to Legal Recourses against Refusal to Enter Territory on Asylum Grounds  3 Administrative Court Hearings: When the Judge Embraces the State’s Perspective  4 Refoulement of Asylum Claimants to Countries Where Their Lives or Freedom Are at Risk Conclusions  1 How to Render Nowhere Countries Visible?  2 Why Do States Create Nowhere Countries?  3 How to Conceptualize the Exclusion upon Which Nowhere Countries Are Established?  4 Nowhere Countries’ Purpose: Prevent Asylum Seekers’ Arrival  5 Creating and Operating Nowhere Countries Is Costly from an Economic and Human Standpoint  6 Nowhere Countries are Social Constructs that May be Unmade Appendices Appendix 1 Table of Research Participants: Experts Appendix 2 Table of Research Participants: Individuals Placed under the Waiting Zone Regime Appendix 3 Migration Amendment (Excision from Migration Zone) Act 2001 (Australia) No. 127, 2001 Appendix 4 Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 (Australia) No. 128, 2001 Appendix 5 Border Protection (Validation and Enforcement Powers) Act 2001 (Australia) Appendix 6 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 Appendix 7 ceseda (September 2016) (France) References Index

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Book SynopsisSince the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.Table of Contents  Abbreviations   Introduction Part 1: Criminalising Movement  1 New Experiences in Investigating and Prosecuting Migrant Smuggling: From the Italian Approach to the European Dimension   Simona Ragazzi  2 Criminalising Solidarity? Smugglers, Migrants and Rescuers in the Reform of the ‘Facilitators’ Package’   Chiara Maria Ricci  3 A Human Rights Approach to Extremely Vulnerable People: Challenges and Feasibility in Assessing Smuggled Migrants   Kinga Janik Part 2: (Non-)Access to Protection  4 Balancing the SAR Responsibilities of States and Shipmasters   Richard L Kilpatrick, Jr and Adam Smith  5 Crossing the Mediterranean Sea: EU Migration Policies and Human Rights   Evelien Wauters and Samuel Cogolati  6 Legal Narratives of the EU External Action in the Field of Migration and Asylum: From the EU-Turkey Statement to the Migration Partnership Framework and Beyond   Daniela Vitiello Part 3: A Union of Solidarity?  7 The European Border and Coast Guard in Need of Solidarity: Reflections on the Scope and Limits of Article 80   Herbert Rosenfeldt  8 The Dublin Saga and the Need to Rethink the Criteria for the Allocation of Competence in Asylum Procedures   Marcello Di Filippo  9 Uniformity, Responsibility and Solidarity in the Common European Asylum System (CEAS): A ‘Constitutional’ Solution   Francesco Cherubini Part 4: The Politics and Policies of Coercion  10 The EU Refugee Crisis and the ‘Third-Phase’ Asylum Legislation – The End of the Harmonization Approach or Its Revival?   Giulia Vicini  11 EU and US Border Policy: Externalisation of Migration Control and Violation of the Right to Asylum   Sabrineh Ardalan  12 ‘Recasting’ Detention of Asylum Seekers: Human Rights Law, EU Law and Its Application in Bulgaria   Vladislava Stoyanova  Index

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Book SynopsisOn the occasion of the centenary of the International Labour Organization (ILO), this 11th volume of International Development Policy explores the Organization's capacity for action, its effectiveness and its ability to adapt and innovate. The collection of thirteen articles, written by authors from around the world, covers three broad areas: the ILO’s historic context and contemporary challenges; approaches and results in relation to labour and social protection; and the changes shaping the future of work. The articles highlight the progress and gaps to date, as well as the context and constraints faced by the ILO in its efforts to respond to the new dilemmas and challenges of the fourth industrial revolution, with regard to labour and social protection. Contributors include: Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Zrampieu Sarah Ba, Stefano Bellucci, Thomas Biersteker, Filipe Calvão, Gilles Carbonnier, Nancy Coulson, Antonio Donini, Christophe Gironde, Karl Hanson, Mavis Hermanus, Velibor Jakovleski, Scott Jerbi, Sandrine Kott, Marieke Louis, Elvire Mendo, Eric Otenyo, Agnès Parent-Thirion, Sizwe Phakathi, Paul Stewart, Kaveri Thara, Edward van Daalen, Kees van der Ree, Patricia Vendramin, and Christine Verschuur.Table of ContentsForeword Preface List of Figures and Tables List of Acronyms and Abbreviations Notes on Contributors Introduction 1 The ILO at 100: In Search of Renewed Relevance  Gilles Carbonnier and Christophe Gironde Part 1: The ILO At Work 2 ILO: Social Justice in a Global World? A History in Tension  Sandrine Kott 3 Who Decides? Representation and Decision-making at the International Labour Organization  Marieke Louis 4 The Achievements and Limitations of Statutory and Non-statutory Tripartism in South African Mining  May Hermanus, Sizwe Phakathi, Nancy Coulson and Paul Stewart 5 The ILO’s Role in Global Governance: Limits and Potential  Velibor Jakovleski, Scott Jerbi and Thomas Biersteker Part 2: Protecting People 6 Health Protection in Ghana and Senegal: What is the ILO’s Role?  Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Elvire Mendo and Zrampieu Sarah Ba 7 The ILO’s Shifts in Child Labour Policy: Regulation and Abolition  Edward van Daalen and Karl Hanson 8 From the Centre to the Margins and Back Again: Women in Agriculture at the ILO  Christine Verschuur 9 Social Suffering and Structural Violence: Nepali Workers in Qatar  Antonio Donini Part 3: The Future of Work 10 Digitisation and the Disappearing Job Theory: A Role for the ILO in Africa?  Stefano Bellucci and Eric E. Otenyo 11 Working Futures: The ILO, Automation and Digital Work in India  Filipe Calvão and Kaveri Thara 12 Promoting Green Jobs: Decent Work in the Transition to Low-carbon, Green Economies  Kees van der Ree 13 Redefining Working Conditions in Europe  Patricia Vendramin and Agnès Parent-Thirion Index

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