Public international law: human rights Books

Book SynopsisIn the only analysis of its kind, Dr. Maria-Vittoria “Giugi” Carminati asks the question: if a commercial space operator kills or injures one of its spaceflight participants or a crewmember, what is the extent of the operator’s liability? In the United States, that question has no clear answer. Dr. Carminati explores the way the United States manages liability, at state and federal level, and from state to state. Tort law in the United States exists at the state level. However, commercial spaceflight and its regulation are creatures of federal law. Understanding how these two systems interact and, often, conflict is critical to understanding how commercial spaceflight operators can manage exposure.Table of ContentsAcknowledgments List of Abbreviations Introduction 1 US Law Trinity: Common Law, Statutory Law, and Contractual Law 2 Utility of the Inquiry  3Structure of the Work 1 The Risks of Commercial Human Spaceflight  1 Market Size and Loss Exposure  2 The Risks of Spaceflight to SFPs and Crewmembers.9  3 Conclusion 2 A Review of Liability Exposure and Ways to Manage It  1 The Existence of Liability (Otherwise Known as the Existence of Legally Attributed Accountability)  2 Parties: Who are the Plaintiffs? Who are the Defendants?  3 Defenses: Affirmative and Otherwise  4 Assumption of the Risk, Whatever That Means  5 Conclusion 3 Federal Legislation and Commercial Space  1 Commercial Space Licensing  2 Maximum Probable Loss  3 Federal Informed Consent  4 Federal Jurisdiction  5 Federal Cross-Waivers  6 What Does “Gross Negligence” Mean?  7 Conclusion 4 Federal Jurisprudence and Commercial Space  1 Understanding the Boundaries of Federal Jurisdiction  2 The Federal Jurisdictional Gap  3 Federal Preemption of State Statutes  4 The Nature of Federal Jurisdiction  5 Federal Contractual Choice-of-Law  6 Conclusion 5 Federal Choice-of-Law for Disputes Outside Federal Jurisdiction  1 Federal Supremacy v. State Sovereignty  2 Federal Law of Torts  3 Federal Choice-of-law Analyses: State v. Federal, State v. State  4 Interpretation of Federal Waivers under Federal Law  5 Conclusion 6 Exculpatory Agreements in Space Friendly States  1 The Complicated World of “Express” Assumption of the Risk  2 Waiver-Enforcement for Claims Brought by Heirs: General Overview  3 Avoiding Claims by Heirs via Statute: Following the Letter of the Law  4 Waiver-Enforcement between the Injured Party and the Operator Directly: a State-by-State Analysis  5 Conclusion 7 Express Assumption of Risk in Non-Space-Friendly States  1 Alaska  2 Arkansas  3 Connecticut  4 Georgia  5 Hawai’i  6 Idaho  7 Illinois  8 Kentucky  9 Michigan  10 Minnesota  11 Mississippi  12 Missouri  13 Nebraska  14 New Jersey  15 New York  16 North Dakota  17 Ohio  18 Oregon  19 Pennsylvania  20 South Carolina  21 Utah  22 Vermont  23 Wyoming  24 Conclusion 8 Statutes Limiting Liability for Space Activities  1 Spaceflight Entity  2 Participants or SFPs  3 Spaceflight Activities  4 The Degree of Culpability Immunized  5 Statutory Requirements of the Space Activities Statutes  6 Conclusion 9 Statutes Limiting Liability in Space Friendly States  1 Arizona  2 California  3 Colorado  4 Florida  5 New Mexico  6 Oklahoma  7 Texas  8 Virginia  9 Conclusion 10 Implied Assumption of Risk in Space Friendly States  1 Defenses in Tort: Contributory Negligence, Assumption of the Risk and Comparative Negligence  2 Assumption of the Risk’s Vexed Jurisprudence  3 State Law’s Continued Relevance  4 Conclusion 11 Medical Malpractice Suits against a Commercial Space Physician and the CHSF Operator by Co-employees and/or SFPS  1 Sources of Liability for CHSF Operators Employing CHSF Physicians  2 The Sources of Duty between the SFP/Crewmembers and CHSF Physicians: a Question of Scope  3 Physicians and CHSF Operators: Why have a Physician at All?  4 Crew and SFPS—Different Roles, Different Statuses  5 SFPs and CHSF Physicians  6 The Physician as an “Agent” of the Commercial Spaceflight Operator  7 Crewmembers and the CHSF Physicians: Co-employee Immunity  8 Conclusion Conclusion  1 The Phases of Spaceflight  2 Navigating the Fragmented Landscape of US Jurisprudence  3 The Federal Framework: From Federal Legislation to Federal Common Law  4 Express Assumption of the Risk: Drafting is Key!  5 Space Activities Statutes: What is Left after the Dust Settles?  6 Muddling Through the Defense of Implied Assumption of the Risk  7 What’s Up Doc? Aerospace Medicine Physicians within the Spaceflight Framework  8 Closing Remarks Bibliography Appendix Index

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Book SynopsisThis study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean, mainly focusing on the EU operations Sophia and Themis. The purpose is to assess a number of issues linked with naval operations from a human rights perspective. These issues include the applicable law, the exercise of criminal jurisdiction over smugglers and traffickers, national strategies of coastal States as regards migration control policy and, finally, international responsibility for human rights violations perpetrated in connection with these operations. Although the study is primarily aimed at both Ph.D. students and legal scholars specialized in the field, it also seeks to provide insights that may be of guidance to NGOs, legal practitioners and legislators within the EU and its Member States.Table of ContentsContents The Respect for Fundamental Human Rights in the Fight against Human Trafficking and Migrant Smuggling across the Central Mediterranean Sea  Laura Salvadego  Abstract  Keywords  Introduction  Part I. The Naval Operations in the Central Mediterranean: Main Features  Part II. Applicable Law  Part III. The Exercise of Criminal Jurisdiction over Migrant Smugglers and Human Traffickers  Part IV. National Strategies of Coastal States as Regards Migration Control Policy: the Case of Italy  Part V. International Liability for Human Rights Violations Perpetrated in Connection with Counter-Smuggling and Counter-Trafficking Operations  Bibliography

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Book SynopsisIn the book Chinese Policy and Presence in the Arctic, Koivurova and Kopra (editors) offer a comprehensive account of China’s evolving interests, policies and strategies in the Arctic region. Despite its lack of geography north of the Arctic Circle, China’s presence in the High North is expected to grow in the coming years, which, in turn, is likely to speed up globalization in the region. This book brings together experts on China and the Arctic, each chapter contributing to a detailed overview of China’s diplomatic, economic, environmental, scientific and strategic presence in the Arctic and its influence on regional affairs. The book is of interest to students, scholars and those dealing with China’s foreign policy and Arctic affairs.Table of Contents Preface and Acknowledgements  List of Abbreviations  Notes on Contributors 1 Introduction to China’s Arctic Engagement   Sanna Kopra and Timo Koivurova 2 China’s Rise in a Changing World   Marc Lanteigne, Timo Koivurova and Matti Nojonen 3 China’s Arctic Policy   Timo Koivurova, Sanna Kopra, Marc Lanteigne, Matti Nojonen, Malgorzata (Gosia) Smieszek and Adam Stepien 4 China and Arctic Science   Malgorzata Smieszek, Timo Koivurova and Egill Thor Nielsson 5 China, Climate Change and the Arctic Environment   Sanna Kopra, Karoliina Hurri, Liisa Kauppila, Adam Stepien and Yulia Yamineva 6 China’s Economic Presence in the Arctic: Realities, Expectations and Concerns   Adam Stepien, Liisa Kauppila, Sanna Kopra, Juha Käpylä, Marc Lanteigne, Harri Mikkola and Matti Nojonen 7 Chinese-Finnish Economic Relations within the Arctic Context: Hopes and Disappointments   Adam Stepien, Timo Koivurova, Juha Käpylä, Harri Mikkola and Matti Nojonen 8 Conclusion: China’s Policy and Presence in the Arctic   Timo Koivurova, Sanna Kopra, Marc Lanteigne and Adam Stepien  Index

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Book SynopsisThis collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither be accurately described as a citizenship status similar to national citizenship, nor as an immigration one. The book examines the tension at the heart of attempts to grasp the nature of EU citizenship as supranational status in relation to family reunification, social rights and expulsion. It shows that while events such as Brexit stress the importance of EU citizenship, the construction of supranational citizenship along the axis of non-discrimination and equality remains a work in progress that requires the efforts of all actors involved - institutions, implementing authorities, courts and citizens.Table of Contents  About the Authors  1 Introduction Part 1: EU Citizens and Their Family Members  2 Who Wants to Be an EU Citizen?    Elspeth Guild  3 The Fundamental Status of Minor Union Citizens and the Best Interests of the Child    Annette Schrauwen  4 The Court of Justice of the European Union, EU Citizenship and Residence Rights of Third Country National Family Members: An Ongoing Struggle    Chiara Berneri  5 Spanish Experiences with the Mobility of EU/EEA Citizens and Their Family Members: Opening the “Black Box”?    Emiliano García Coso Part 2: The Convoluted Issue of Equality  6 The Judgments of Brey, Dano and Alimanovic: A Case of Derogation or a Need to Solve the Riddle?    Johannes Peyrl  7 Mobile EU Citizens and the “Unreasonable Burden”: How EU Member States Deal with Residence Rights at the Street Level    Anita Heindlmaier  8 Expulsion from the “Heart of Europe”: The Belgian Law and Practice Relating to the Termination of EU Residence Rights    Anthony Valcke  9 EU Citizenship as Precarious Status for Precarious Workers: Implications of National Policies Restricting EU Citizens’ Rights for Young University-Educated EU Migrants in Brussels    Anna Simola  10 “We Should Call Them Our Friends” – Negotiations on Welfare and Social Security Entitlements for Displaced EU Citizens in Sweden    Sara Nyhlén Part 3: EU Citizenship and Restrictive Practices  11 A Contingent Citizenship – Union Citizenship and Expulsion    Stephen Coutts  12 European States Returning European Citizens: France and the Roma Populations    Marie-Laure Basilien-Gainche  13 Reversed Free Movement    Cristina Juverdeanu  14 Abusing or Misusing the Right of Free Movement? The UK’s Policy towards EU Nationals Sleeping Rough    Matthew Evans  15 “A Matter for the Minister”?: Removal and Exclusion Orders in Irish Law    Patricia Brazil Part 4: EU Citizenship beyond Free Movement  16 The Promised Land of Milk and Honey? From EU Citizens to Third-Country Nationals after Brexit    Eglé Dagilyté  17 The Dark Side of Free Movement: When Individual and Social Interests Clash    Iris Goldner Lang and Maroje Lang  18 EU Citizenship and EU Territory: Unsettling the National, Embedding the Supranational    Sandra Mantu   Index

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Book SynopsisReligious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.Table of ContentsReligious Courts in the Jurisprudence of the European Court of Human Rights  Michał Rynkowski  Abstract  Keywords  1 Introduction  2 Religious Courts: Their Structures and Their Legal Standing  3 Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts  4 Relations between Religious Courts and State Courts in Strasbourg Case-Law  5 Conclusions and Outlook  Bibliography

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Book SynopsisIn Equality and Anti-Discrimination: The Road to Equal Rights in China, Professors Liu Xiaonan and Wang Liwan collect experienced scholars in the field of anti-discrimination law to conduct deep discussions on the manifestations, causes, and solutions of discrimination issues in China. Since the reform and opening up in China the market economy and civil society have developed. However, many economic and social discriminations have also emerged and caused widespread social contradictions and legal dilemmas. In this book, equality rights and discrimination issues are investigated in a panoramic way from the perspective of law, and .insightful suggestions are made. The authors believe that anti-discrimination research and actions in the field of Chinese law are carried out simultaneously with political changes and economic development. In this process, experts and scholars, public media, research institutions, and non-governmental organizations play important roles. The awakening of civil rights awareness and the emergence of rights protection actions for vulnerable groups are the sources of anti-discrimination research and actions in the field of law.

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Book SynopsisEuropean citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.Table of ContentsPreface Abbreviations Table of Cases Notes of Contributors 1 European Citizenship under Stress: Introduction   Nathan Cambien, Dimitry Kochenov and Elise Muir PART 1 EU Citizenship: Constitutional Challenges 2 EU Citizenship: Some Systemic Constitutional Implications   Dimitry Kochenov 3 Union Citizenship and Beyond   Hans Ulrich Jessurun d’Oliveira 4 EU Citizenship as a Means of Broadening the Application of EU Fundamental Rights: Developments and Limits   Katerina Kalaitzaki 5 Free Movement of Dual EU Citizens   David A.J.G. de Groot PART 2 Free Movement and Its Limits 6 The Court, the Legislature and the Co-Construction of a Status of Social Integration   Stephen Coutts 7 Life after the ‘Dano-Trilogy’: Legal Certainty, Choices and Limitations in EU Citizenship Case La   Moritz Jesse and Daniel William Carter 8 EU Citizenship, Access to “Social Benefits” and Third-Country National Family Members: Reflecting on the Relationship between Primary and Secondary Rights in Times of Brexit   Elise Muir 9 Residence Rights for EU Citizens and Their Family Members: Navigating the New Normal   Nathan Cambien 10 Distinguishing between Use and Abuse of EU Free Movement Law: Evaluating Use of the “Europe-route” for Family Reunification to Overcome Reverse Discrimination   Hester Kroeze 11 The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement?   Piet Van Nuffel and Sofia Afanasjeva PART 3 EU Citizenship beyond Movement 12 The Pernicious Influence of Citizenship Rights on Workers’ Rights in the EU – The Case of Student Finance   Araceli Turmo 13 European Higher Education in the Context of Brexit   Sacha Garben 14 The Right to Participate in the European Elections and the Vertical Division of Competences in the European Union   Sébastien Platon 15 The European Citizens’ Initiative in Times of Brexit   Natassa Athanasiadou PART 4 Supranational Citizenship and the Outside World 16 The “Sale” of Conditional Citizenship: the Cyprus Investment Programme under the Lens of EU Law   Sofya Kudryashova 17 Member State Nationality, EU Citizenship and Associate European Citizenship   A.P. van der Mei 18 From Union Citizen to Third-country National: Brexit, the UK Withdrawal Agreement, No-Deal Preparations and Britons Living in the European Union   Gillian More 19 Free Movement of Persons in the EU v. in the eea: of Effect-Related Homogeneity and a Reversed Polydor Principle   Christa Tobler 20 The Free Movement of Persons in the Eurasian Economic Union – between Civis Eurasiaticus and Homo Oeconomicus   Bendikt Pirker and Kirill Entin

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Book SynopsisThe European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.Trade Review“[Peter Kempees’s] analysis of the case-law of the European Court of Human Rights contributes significantly to academic discussion on the scope of application of the European Convention on Human Rights in relation to governmental action of States Parties throughout the world. … All in all, it is a well-documented work.” Lt Col J.J.M. van Hoek LLM, Netherlands Military Law Review "...an important piece of legal scholarship on the law of the European Convention on Human Rights" Linos-Alexandre Sicilianos, President of the European Court of Human Rights (2019-2020).

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Book SynopsisThis authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is intended for researchers studying socio-economic rights in Europe, legal practitioners, civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary offers 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 3, which encompasses Articles 11 to 19, examines critical ESC welfare rights for the general population and specific groups of people against the jurisprudence of the European Committee of Social Rights and other international standards.Table of ContentsForeword Preliminary Remarks and Acknowledgments Abbreviations Table of Cases Notes on Contributors 11 The Right to Protection of Health   Emmanuel Guematcha 12 The Right to Social Security   Lyle Barker 13 The Right to Social and Medical Assistance   Stefano Angeleri 14 The Right to Benefit from Social Welfare Services   Nikolaos A. Papadopoulos 15 The Right of Persons with Disabilities to Independence, Social Integration and Participation in the Life of the Community   Felicia Roșioru 16 The Right of the Family to Social, Legal and Economic Protection   Nilay Arat, Demirhan Burak Çelik, Sedef Koç and Aslı Topukcu 17 The Right of Children and Young Persons to Social, Legal and Economic Protection   Cinzia Peraro 18 The Right to Engage in Gainful Occupation in the Territory of Other Parties   Elisabeth David and Sébastien Van Drooghenbroeck 19 The Right of Migrant Workers and Their Families to Protection and Assistance   Ana Teresa Ribeiro, Milena Rouxinol and Inês Pereira de Sousa Selected Bibliography

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Book SynopsisHuman dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.

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Book SynopsisConflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.

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Book SynopsisIn this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory, and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples’ land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined. Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples’ rights closely entwined with the conservation of the Amazonian rainforest.Table of ContentsAcknowledgements German and Spanish Summaries (Zusammenfassung/Resumen) List of Tables and Graphics List of Abbreviations and Acronyms 1 Introduction: Conflicts Because of Lands and Forests – the Challenging Relation between Amazonian Indigenous Peoples and Their Nation States  1.1 Structure of the Book  1.2 Method 2 Setting the Scene  2.1 The Amazonian Region as a Geographical Place  2.2 Amazonian Indigenous Peoples  2.3 Community Forest Management as a Form of Use of Forest Resources 3 Establishing the Legal Standards: Rights of Indigenous Peoples at the International Level  3.1 Development of Indigenous Rights in International Law  3.2 Rights of Indigenous Peoples at the International Level  3.3 Binding Character of International Agreements Referred to Indigenous Peoples (ILO Convention 169, UNDRIP and Biodiversity Convention)  3.4 Conclusions 4 Relationship between the Nation States and Indigenous Peoples  4.1 Historical Appraisal of Citizenship Regimes: Citizens, Non-citizens and People under Guardianship Regime  4.2 Indigenous Peoples in the Current Legal Systems  4.3 Conclusions of the Chapter 5 Rights of Amazonian Indigenous Peoples to the Lands and Territories  5.1 Historical Appraisal: The Long Road for Amazonian Indigenous Peoples to Recover Their Rights over Lands and Territories  5.2 Rights to the Lands in the Current Constitutions and National Laws  5.3 Conclusions of the Chapter 6 Rights of Indigenous Peoples to the Forest Resources  6.1 Historical Appraisal of the Forest Rights of Indigenous Peoples  6.2 Key Features of the Forest Norms  6.3 Rights over Forest Resources  6.4 Conclusions of the Chapter 7 Community Forest Management (CFM)  7.1 Definition of Community Forest Management  7.2 CFM and Traditional Forest-Related Knowledge  7.3 CFM before the Enactment of the Current Norms  7.4 Current Regulation of CFM  7.5 Conclusions of the Chapter 8 Evaluation and Summary  8.1 Implementing International Law in the National Legal Systems of Bolivia, Brazil, Ecuador and Peru  8.2 Strengthening the Lands and Forests Rights of Amazonian Indigenous Peoples for the Conservation of the Amazon Rainforest References Index

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Book SynopsisThe aim of this book is to evaluate the functioning of the Security Council during its first 75 years, from an institutional legal perspective. It analyzes three issues that were not only hotly debated when the United Nations was founded, but have also been highly relevant for the Council’s functioning in practice and are likely to remain so in the future: the right of veto for the permanent members, the rule of law, and the size of the Council (the need for enlargement).Table of ContentsList of Tables Introduction 1 The United Nations at 75 1 A Comparison with the League of Nations 2 Developments in Membership 3 Evolutions in ‘Organizationship’  3.1 Introduction: No Security Council without the United Nations  3.2 Legal Personality of the United Nations  3.3 Constitutional Development through ‘Practice of the Organization’   3.3.1 Guidance from the International Court of Justice   3.3.2 A Legal Basis for ‘Interpretation through Practice’?   3.3.3 Whose Practice? 4 Concluding Observations 2 The Security Council and the Right of Veto 1 Introduction 2 A Problematic Beginning: without the Veto No United Nations 3 A Problematic Practice 4 Problematic Reform Discussions: l’histoire se répète  4.1 Moderating the Use of the Veto without Charter Amendment  4.2 Changing the Veto, Amending the Charter  4.3 The Gordian Knot of Vetoes on Veto Reform 5 The Veto: Indispensable or Obsolete? Concluding Observations 3 The Security Council, the Rule of Power and the Rule of Law 1 Introduction 2 The Notion Rule of Law 3 Five Ways of Containing the Power of the Permanent Members  3.1 Right of Veto (‘I Forbid’), No Right of jubeo (‘I Order’)  3.2 Bound by Charter Obligations  3.3 Wartime Superpower Cooperation, Modified not Merely Codified by the Charter  3.4 The Security Council Does Not Have Unlimited Powers  3.5 The Security Council is Embedded in the United Nations Organization   3.5.1 The General Assembly   3.5.2 The Secretariat   3.5.3 The International Court of Justice 4 The 1945 Negotiations: Peace at Any Price? the ‘Rule of Power’ vs. the ‘Rule of Law’ 5 Security Council Practice and the Rule of Law  5.1 Introduction  5.2 General: Thematic Debates, Presidential Statements   5.2.1 The 2003 and 2004 Thematic Debates: the Rule of Law at the National Level   5.2.2 The 2006 and 2010 Thematic Debates: the Rule of Law at the International Level   5.2.3 Subsequent Thematic Debates on the Rule of Law   5.2.4 The Security Council as a Model for the Rule of Law?  5.3 Two Specific Topics: International Criminal Justice and Individual Sanctions   5.3.1 Introduction   5.3.2 The Rise and Fall of International Criminal Justice in the Security Council    5.3.2.1 The Establishment of Ad Hoc Criminal Tribunals    5.3.2.2 Referrals to the International Criminal Court   5.3.3 Reviewing Individual Sanctions 6 Concluding Observations 4 The Need for a Second Enlargement of the Security Council 1 Introduction 2 The Inevitability of the First Enlargement 3 The Urgency of Another Enlargement 4 Effective and Representative? 5 A Comparison 6 The Proposals by the 2004 High-level Panel on Threats, Challenges and Change 7 Concluding Observations 5 United Nations? Security Council? Concluding Institutional Legal Reflections 1 The Creation of the United Nations Revisited 2 The Creation of the Security Council Revisited 3 The United Nations in 75 Years of Practice 4 The Veto in Practice 5 The Security Council and the Rule of Law 6 On the Need for a Second Enlargement of the Security Council 7 Institutions Matter Appendix Overview of the Use of the Veto (1945 – 2020) Index

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Book SynopsisThe accommodation of religious diversity in contemporary pluralist societies is undoubtedly amongst the most salient issues on today’s political agenda, not least due to the challenges posed by migration. A subject of considerable debate is how to reconcile the demands of religious and cultural diversity alongside political unity, that is, how to create a political community that is cohesive and stable and satisfies the legitimate aspirations of minorities. This volume provides a critical analysis of the institutional accommodations and legal frameworks conceived by and/or for historical religious groups and assesses their potential and shortcomings in providing for an integrated society based on human- and minority rights protection.Table of ContentsNotes on Contributors Introduction   Roberta Medda- Windischer, Kerstin Wonisch and Alexandra Cosima Budabin 1 Regulation of Muslim Religious Minority Groups and the European State: The Unique Case of Legal Pluralism in Greece   Kyriaki Topidi 2 Women and Sharia Law in the UK   Elham Manea 3 The System of Bilateral Legislation Tested by ‘Neo’ Religious Groups: The Case of Italy   Francesco Alicino 4 The Three Junctions of the Italian ‘Islamic Policy’   Alessandro Ferrari 5 Religious Diversity in Greece: Recent Developments and the Challenges of the Molla Sali Case   Christos Tsevas 6 Rabbinical Court Decisions and Their Impact on Jewish Society   Elimelech Westreich and Avishalom Westreich 7 Legal Pluralism, Religious Identity and Citizenship in the State of Israel: The Case of Non-Orthodox Jews   Anna Parrilli 8 Russian Orthodox Church and Migration in Russia: When Hell Is Paved with Good Intentions   Kiryl Kascian and Hanna Vasilevich 9 Conclusions   Silvio Ferrari Index

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Book SynopsisIn Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.Table of ContentsList of Tables and Figures Acknowledgements Introduction  1 Scope  2 Methodology PART 1 Foundations 1 Central Issues of Research  1.1 EU Competition Law – A Paradox within EU Law  1.2 The ECtHR – System Design as a Predictor of Success  1.3 ECtHR as a Self-Regulating Tribunal 2 Supporting Issues  2.1 Systems Theory and Social Sciences  2.2 The New Public Management Movement  2.3 Peoples, Consumers and Citizens  2.4 Accession of the EU to the echr  2.5 The Charter of Fundamental Rights of the EU 3 A Foot in the Past: Existing Literature  3.1 Legal Philosophy  3.2 A Renewed Debate on Human Rights  3.3 A Renewed Imagining of the Trial  3.4 Competition Policy  3.5 Competition Policy and Fundamental Rights PART 2 The Dynamic Evolution of the Right to a Fair Trial  Introduction to Part 2 4 The Right to a Fair Trial  4.1 Formulation and Importance of Article 6(1) echr  4.2 Influence of the Case-law of the ECtHR on Domestic Legislation  4.3 External Influences on the Case-law of the ECtHR 5 Applicability of Article 6(1) ECHR  5.1 Maintaining Pockets of State Sovereignty  5.2 Applicability of Article 6(1) ECHR to “Civil Rights and Obligations”  5.3 Applicability of Article 6(1) ECHR to “Criminal Charges” 6 The Right to a Fair Trial – A Tool for Self-Regulation  6.1 The Process Towards Justiciability  6.2 The Role Played by the Academic Community  6.3 The Zeitgeist  6.4 Cooperation with the ECtHR – Four Possible Models PART 3 Fair Trial and the Independence of the Commission as the Competition Enforcement Agency of the EU  Introduction to Part 3 7 The Debate on Independence at the Crossroads of the Administrative State, Delegation and IRA s  7.1 The Rise of the Administrative State, Delegation and IRA s  7.2 The UNCTAD  7.3 oecd Roundtable on Changes in Institutional Design of Competition Authorities  7.4 International Competition Network  7.5 Independence of European Regulators  7.6 The European Competition Network  7.7 Empowering NCA s – Directive 1/2019  7.8 The Difficult Case for the Independence of the European Commission 8 The Case-law of the ECtHR on the Right to an Independent and Impartial Tribunal  8.1 Established by Law  8.2 Independence  8.3 Impartiality  8.4 The Relevance of the ECtHR’s Case-Law on Independence and Impartiality 9 The Structure of the European Commission as Enforcer of Competition Law  9.1 The European Commission as a Political Institution  9.2 The European Commission as an Autonomous Bureaucracy 10 The Procedure for Enforcement of Article 101 and 102 tfeu  10.1 The Investigation Phase  10.2 Prohibition Procedure  10.3 Commitments Procedure  10.4 Procedure for Rejection of Complaints  10.5 Settlement Procedures 11 The Commission’s Powers of Investigation  11.1 Sanctions  11.2 Leniency  11.3 Sector Inquiries  11.4 Requests for Information  11.5 The Power to Take Statements  11.6 Powers of Inspection 12 Limits on the Commission’s Powers of Investigation  12.1 General Principles of Limitation  12.2 The Rights of the Defence 13 A Risk-Based Framework for Safeguarding the European Commission’s Independence  13.1 Identifying the Risks to Independence in EU Competition Law Proceedings  13.2 Mitigating the Identified Risks PART 4 Fair Trial and Judicial Review of EU Competition Law  Introduction to Part 4 14 Case-law of the ECtHR on the Right to an Effective Judicial Review  14.1 Judicial Review in Administrative Law Disputes  14.2 Judicial Review in Disputes Involving “Criminal Charges”  14.3 Judicial Review in Banking Law Disputes  14.4 Non-Pecuniary Damage for Breach of the Right to Judicial Review 15 Relevance of the ECtHR’s Case-law on the Right to Judicial Review – A Story of Three Models  15.1 Exercise of Administrative Discretion within Polycentric Issues  15.2 Exercise of Administrative Discretion for Monocentric Issues  15.3 Exercise of Administrative Discretion as Policing Power 16 Case-law of EU Courts on the Right to an Effective Judicial Review  16.1 Right to Effective Judicial Protection  16.2 Right to Judicial Review in Competition Law cases – A Matter of Constitutional Design  16.3 Limited Review of Legality – Design by Self-Interpretation  16.4 Unlimited Review of Fines  16.5 Margin of Appreciation of the EU Commission and Unlimited Review of Fines  16.6 The Right to a Fair Legal Process in EU Law 17 Is Judicial Review A Cure for Bigness?  17.1 Adjudication and Economic Evidence  17.2 Adjudication and the Administrative Man  17.3 Adjudication, Bias and Monoculture  17.4 Adjudication and Problems of Organized Complexity Step into the Future: Bigness and Judicial Power Works Cited Index

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Book SynopsisThis book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.Trade ReviewReligious Speech, Hatred and LGBT Rights provides "an extensive and comprehensive overview of the legal framework and existing case law on a national, regional and international level, the author methodically answers ... questions [about the legal foundations for addressing homophobic and transphobic speech], and establishes a possible benchmark for balancing FORB and LGBTQIA+ rights". Sophia Ruth Urban, European Yearbook on Human Rights 2022 (pp. 795-796), Intersentia.Table of ContentsForeword Acknowledgments Table of International Law Table of National Law Table of International Cases Table of National Cases 1 Introduction  1 Introduction  2 Speech Conflicts  3 Theoretical Framework  4 Approach and Outline 2 LGBT Rights as ‘Rights of Others’ in Extreme Speech Cases  1 Introduction  2 Sex and Sexual Orientation  3 ‘Rights of Others’ in the ECHR Context  4 Concluding Remarks 3 The Emerging Duty to Prohibit Anti-LGBT Speech  1 Introduction  2 The Emerging ECHR Duty to Investigate Homophobic Hate Speech  3 Inclusive Incitement Prohibitions: The Theory of Mainstreaming LGBT Protection  4 Comparative Law  5 Inclusive Incitement Prohibitions: The Emerging International Practice of Mainstreaming LGBT Protection  6 Concluding Remarks 4 The Scope of the Anti-LGBT Incitement Offence: Lessons from Comparative Law  1 Introduction  2 Inclusive Anti-Incitement Laws: Progress and Challenges  3 Concluding Remarks 5 Combating Anti-LGBT Incitement While Promoting Religious Freedom: Balances and Threshold Questions  1 Introduction  2 Against Sweeping Scripture Defences  3 The Theory of Context  4 The Application of Context  5 Concluding Remarks 6 Conclusion Bibliography

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Book SynopsisThis rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.Table of ContentsPreface Notes on Contributors 1 Withdrawing from International Organizations   Niels Blokker 2 Sovereignty as Responsibility  Exercising Permanent Sovereignty over Natural Resources in the Interest of Current and Future Generations   Daniëlla Dam-de Jong 3 Non-State Actors and Human Rights Obligations  Perspectives from International Investment Law and Arbitration   Eric De Brabandere and Larissa van den Herik 4 Global Threats and Fragmented Responses  Climate Change and the Extra-Territorial Scope of Human Rights Obligations   Helen Duffy 5 What Is a State in International Law? How Is This to Be Determined?   John Dugard 6 The Role of Customary International Law as a Tool for the Progressive Development of International Criminal Law  Undermining the Sovereignty of States for the Sake of Humanity?   Robert Heinsch 7 The Responsibility of the Netherlands for Its Nationals Abroad   Erik Koppe 8 How about Consolidating the Frontiers but Furthering the Effectiveness of Human Rights?   Rick Lawson 9 Shifting the Frontiers of International Human Rights Law   Titia Loenen 10 Waters Rising  Possible Effects of Sea Level Rise on the Legal Regime of Baselines and Delineation of Maritime Zones   Xuechan Ma 11 The International Criminal Court and human Security  Looking Ahead Complementarity?   Andrea Marrone 12 The Establishment of Flight Information Regions and Air Defence Identification Zones  Air Law Is Air Law and Maritime Law Is Maritime Law; Shall the Twain Ever Meet?   Pablo Mendes De Leon 13 Maritime Security and Sustainable Development and the Coastal Communities of India  An Empirical Analysis   Bimal N. Patel 14 To Speculate or Not? On Determining Adequate Remedies for Denial of Justice and Other Judicial Wrongs   Vid Prislan 15 Human Rights Law and the Return of Stolen Assets   Cecily Rose 16 Principles for the Sustainable Governance of shared Natural Resources   Nadia Sánchez Castillo-Winckels 17 Economic, Social and Cultural Rights and Customary International Law   William A. Schabas 18 World Law’s Modern Master Builders   Otto Spijkers 19 The World in Disarray. Great-Power Competition and the Decline of Multilateralism   Alfred van Staden 20 How Can We Justify International Criminal Justice?   Carsten Stahn 21 China’s Perception of State Sovereignty in International Dispute Settlement   Linlin Sun 22 Public Administration and Ordinary Virtues  The Venice Principles on the Ombudsman Institution   Luc Verhey 23 The Right to Marry as a Right to Equality About Same-Sex Couples, the Phrase “men and women”, and the travaux préparatoires of the Universal Declaration   Kees Waaldijk

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Book SynopsisIn this commentary, Sabine Witting provides a comprehensive analysis of the Second Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This commentary critically reflects on the impact of globalisation, digital technologies and the COVID-19 pandemic on the nature, scope and meaning of the Second Optional Protocol since its adoption on 25 May 2000. Apart from analysing a broad range of topics, from online child sexual abuse to surrogacy and ‘voluntourism’, this commentary highlights the importance of establishing child-friendly transnational collaboration mechanisms, conceptualised through a holistic gender lens and taking into consideration the online-offline nexus of violence against children and relevant Global North-Global South dynamics.Table of ContentsList of Abbreviations Author Biography Disclaimer Acknowledgments Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography  1 Introduction   1.1 Background   1.2 Impact of Globalisation and Digital Technologies   1.3 Impact of COVID-19   1.4 Cross-Cutting Themes  2 Comparison with Related International Human Rights Standards   2.1 UN Convention on the Rights of the Child, 1989   2.2 Council of Europe Cybercrime Convention (‘Budapest Convention’), 2003   2.3 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (‘Lanzarote Convention’), 2007   2.4 African Charter on the Rights and Welfare of the Child, 1990   2.5 African Convention on Personal Data Protection and Cyber Security, 2015   2.6 Hague Conventions (1980, 1993, 1996)   2.7 ILO Convention No. 182, 1999  3 Meaning and Scope   3.1 Drafting History and Recent Developments   3.2 Analysis of OPSC Articles  4 >OPSC in Continuous Need of Review in a Globalised, Digitalised and Rapidly Changing World Bibliography

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Book SynopsisThis volume, now in its second and revised edition, deals with the legal status of the three Baltic States - Estonia, Latvia and Lithuania - as a consequence of the illegality of the Soviet annexation in 1940-1991. It offers a detailed historical overview of the Soviet takeover of the Baltic States in 1939/1940 and analysis of international law as it was in force, also regionally and bilaterally, at the time. It examines the role of the continuity of the diplomatic representations of the Baltic States and other manifestations of the Western non-recognition of the Soviet annexation. Moreover, the book examines the nature of the restoration of the Baltic States in 1991 based on their State continuity claim. It also studies in detail questions such as borders, citizenship and reparation claims, and asks to what extent State continuity could or could not be restored in practice.Table of ContentsPreface to the First Edition Preface to the Second Edition Acknowledgments Abbreviations Introduction PART I: Ex Injuria Ius Non Oritur 1 Illegal Annexation, State Continuity and Identity: Concepts and Controversies  1 The Changing Status of Statehood in Contemporary International Law and Society: Starting Point for Analysis  2 Re-established States in the Practice of International Relations: Historical Perspective  3 State Continuity, Identity and Extinction in International Law Doctrine  4 Issues Raised in Legal Doctrine by World War II Annexation Cases   a Does State Identity Always Imply State Continuity?   b What are the Normative Consequences of State Identity?   c The Basis in International Law for State Identity in World War II Annexation Cases  5 Implications of the Illegality of Annexation for State Personality 2 The Legal Status of the Baltic States in International Law after 1991: Claims and Responses  1 The Baltic Thesis   a The Republic of Estonia   b Republic of Latvia   c Republic of Lithuania  2 Responses to the Baltic Continuity Thesis in the Practice of the International Community   a Restoration of Diplomatic Relations with Western Countries in 1991   b Subsequent Treaty Practice: Multilateral Treaties   c Practice Related to Bilateral Treaties   d Other Consequences of State Identity in Relations with Western States   e Practice as Related to Membership in International Organizations   f The Continuity Thesis of the Baltic States and the Russian Federation  3 The Legal Status of the Baltic States: Views in the Legal Literature 3 The Baltic States Between 1940 and 1991: Illegality and/or Prescription  1 Introduction  2 The Illegality of Soviet Annexation   a The Soviet Occupation and Annexation of the Baltic States in 1940: Facts   b Soviet Occupation and Annexation of the Baltic States: Applicable Law   c Legal Evaluation of Soviet Policy against the Baltic States in 1939/1940   d The Illegality of Annexation in International Law: Soviet Views   e The Illegality of Soviet Annexation: General Conclusions  3 Prescription and Soviet Rule in the Illegally Annexed Baltic States   a The Concept of Prescription in International Law   b Non-Recognition of the Soviet Annexation of the Baltic States: Law and Politics   c Survival of State Organs of the Baltic Republics in Exile   d The Baltic Peoples and Prescription  4 Prescription? Conclusions 4 The ‘Occupation’ of the Baltic States (1940–1991)?  1 The Baltic Thesis of Soviet Occupation (1940–1941, 1944–1991)  2 Reception of the Baltic Thesis of Soviet ‘Occupation’  3 Development of the Concept of Occupation in International Law   a Were/Are the 1907 Hague Rules Applicable Beyond War?   b Occupation Versus Annexation   c The Main Requirements of the 1907 Hague Regulations for the Occupying Power and Practice in World War II  4 An Evaluation of the Baltic Case: Fiction and Reality in Occupation Theory   a The Soviet Union and the Hague Regulations   b Which Rules of Occupation were Legally Applicable in the Case of the Baltic states?   c Conclusions: International Legal Rules Binding the USSR during its Occupation (Illegal Annexation) of the Baltic States  5 Conclusion: The Baltic States 1940–1991, Continuity or Extinction? PART II: Ex Factis Oritur Ius 1 Introduction 5 Controversial Claims for Restoration of Legal Rights in the Baltic Case  1 The Prevailing Understanding of State Continuity in Doctrine  2 Special Circumstances in the Baltic Case  3 The Controversy about the Principle of Continuity of Citizenship and the Political Rights of Soviet Era Immigrants   a Introduction   b The Migration Policies of the Soviet Authorities   c The Citizens’ Congresses in Estonia and Latvia in 1990   d Baltic Debates about the Political Rights of Russian-Speaking Settlers in the Early 1990s   e Baltic Nationality and Naturalization Laws   f Acceptance by the International Community of Continuity of the Nationality Principle in Estonian and Latvian Citizenship Laws   g Conclusion: No Unrestricted Restoration of Nationality in the Baltic Case  4 Changes with Respect to State Territories: Border Disputes since Restoration of the Independence of the Baltic States   a Estonia   b Latvia   c The Boundaries of Lithuania   d The Border Debate: Legal Issues   e The Border Debate: Conclusions  5 The Issue of State Responsibility for Injuries Caused During Illegal Soviet Annexation   a Introduction   b Main Principles of the Law of State Responsibility   c On Conditions of State Responsibility in the Case of the Baltic States: the Issue of Attributability (the International Legal Status of Today’s Russia)   d The Reparations Issue After Re-establishment of Baltic Independence   e The Reparations Issue: Conclusions  6 General Conclusion from Practice: The Discrepancy between Status and Rights 6 State Continuity in Cases of Prolonged Illegal Annexation: Status and/or Rights?  1 Introduction  2 Realist Critiques of International Law  3 The New Haven Approach and New Stream: Politics in International Law  4 Doctrinal Proposal: Status Goes beyond Legal Rights and Duties  5 The Domestic Analogy of Restoration in the Baltic States: No restitutio in integrum  6 Conclusions PART III: Between Normativity and Power: The Implications of the Baltic Case for International Law 7 The Baltic Case and Lessons from Other Cases  1 Introduction  2 Illegal Annexation and State Continuity   a The Annexation of East Timor and the Uncertainties of Non-Recognition in State Practice   b State Continuity as a Necessary Consequence of Illegality of Annexation   c Other Relevant Factors Beside Illegality? Precedential Effects  3 Departures from the Effectiveness Principle and Fear of Unfulfilled Fictions   a Legality and Effectiveness in Tibet  4 Concluding Observations Appendices Bibliography Index

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Book SynopsisThe book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law.Table of ContentsAcknowledgements Table of Cases Introduction  1 Recovering Self-Determination’s History  2 An Aperture for Worldmaking  3 Organisation of the Book  4 Approach 1 Self-Determination: Between Hierarchy and Equality  1 Sovereignty and Empire  2 Popular Sovereignty and the Age of Revolution  3 National Self-Determination, Imperial Expansion and the Civilizing Mission 2 Renegotiating Sovereignty in the Interwar Period  1 Self-Determination as Political Strategy  2 Post WWI Resettlement and “The New International Law”  3 The Aaland Islands Dispute  4 Quasi-Sovereigns: The Mandate and Trusteeship System 3 “One World” - Anticolonialism at the UN  1 Self-Determination and the New World Order  2 Contesting Empire at the UN  3 Anti-Colonial Activism  4 The Colonial Declaration  5 The Boundaries of Independence 4 Remaking the World after Empire  1 A New International Law  2 Strengthening the Post-Colonial State  3 Economic Self-Determination and the New International Economic Order  4 The Human Rights Revolution and Self-Determination 5 Sovereignty and Self-Determination at the End of History  1 New and Old Claims  2 Adjudicating Secession  3 Human Rights, Democracy and the New Standards of Sovereignty  4 Re-working Sovereignty: Minority and Indigenous Rights Epilogue: Contesting Sovereignty References Index

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Book SynopsisThis book places under scrutiny for the first time, whether, and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council’s response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.Table of ContentsChallenges of Protection Foreword Preface Introduction 1 Promoting Protection  1 Introduction  2 The Universal Periodic Review  3 Standard-Setting  4 Cooperation with National Human Rights Institutions  5 Business and Human Rights  6 Indigenous Populations  7 Minorities  8 Slavery and Slavery-Like Practices  9 Racism and Racial Discrimination  10 Human Rights Defenders  11 Studies  12 Human Rights Education and Training  13 Country Rapporteurs, Thematic Rapporteurs and Working Groups  14 World Campaign on Human Rights  15 Cooperation with Related UN Organs  16 Cooperation with Regional Human Rights Bodies  17 Conclusion 2 Universality  1 Introduction  2 The Universal Periodic Review  3 Philosophical Universality  4 Universality of Human Rights under International Law: The International Bill of Human Rights  5 Challenges to Universality  6 Defending Universality  6.1 The Democratic Test Of Universality  6.2 The Bases of Universality  6.3 Challenges of Implementation  6.4 Normative Universality  6.5 Universality in the UN Human Rights Council: The upr Process  6.6 Political Universality  6.7 The Universality of International Law  6.8 Populism and Universality  6.9 Global Poverty and Universality  6.10 Gross Violations of Human Rights and Universality  6.11 Democratic Universality/Peoples’ Universality  6.12 Universality as an Idea  6.13 Universality as a Goal  6.14 Universality as a Normative Concept  7 Conclusion 3 Protection  1 Introduction  2 Efforts for International Protection  3 The Human Rights Council  4 High Commissioner’s Updates to the Human Rights Council on Situations of Concern  5 Protection Activities of Special Procedures of the Council  6 Conclusion 4 Prevention  1 Introduction  2 Pronouncements of the Council on Prevention  3 Preventive Actions of Special Procedures of the Council  4 Early Warning from the UN High Commissioner  5 Tackling Root Causes of Violations  6 Conclusion 5 Urgent Action  1 Introduction  2 Special Sessions of the Council  3 Urgent Actions by the President of the Council  4 Urgent Actions by the High Commissioner at the Request of the Council  5 Conclusion 6 Good Offices  1 Introduction  2 Urgent Communications to Governments  3 Confidential Complaints Procedure  4 Good Offices by the President of the Human Rights Council  5 Conclusion 7 Fact-Finding  1 Introduction  2 Principles of Fact-Finding  2.1 Do No Harm  2.2 Independence  2.3 Impartiality  2.4 Transparency  2.5 Objectivity  2.6 Confidentiality  2.7 Credibility  2.8 Visibility  2.9 Integrity  2.10 Professionalism  2.11 Consistency  3 The Special Procedures and Commissions of Inquiry  4 Conclusion 8 Redress  1 Introduction  2 Principles of Redress  3 Right to Truth  4 Expressions of Concern Over, or Condemnation of Gross Violations  5 Accountability  6 Transitional Justice  7 Evaluation  8 Conclusion 9 Justice  1 Introduction  2 The Decline of Democracy in the World  3 The Decline of Human Rights Justice in the World  4 The Idea of Justice in Philosophical Literature  5 The Idea of Justice in the International Bill of Human Rights  5.1 Equal Enjoyment of Enumerated Rights  5.2 Non-Discrimination  5.3 Discrimination Versus Distinction  5.4 Affirmative Action  5.5 General Comment 4/13 of the Human Rights Committee (Gender Equality)  5.6 The Beijing World Conference on Women’s Rights (1995)  5.7 Equitable Life Chances  6 The Human Rights Council’s Contributions to the Global Quest for Justice  7 The Human Rights Council as a Forum for Seeking and Promoting Global Justice  7.1 Global Hunger  7.2 Widespread Lack of Access to Medicine  7.3 Widespread Lack of Access to Safe Drinking Water and Sanitation  7.4 World-Wide Discrimination Against Women  7.5 Child, Early and Forced Marriage in Times of Crisis, Including the covid-19 Pandemic  7.6 Pervasive Gross Violations of Human Rights  7.7 Afro-Descendants  7.8 lgtbq s  7.9 Albinism  8 Conclusion 10 Jurisprudence  1 Introduction  2 The Architecture of International Law: Principles of the UN Charter  3 Normative Instruments: Treaties and Declarations  4 Principles on Human Rights and the Environment  5 Human Rights and Climate Change  6 The Right to Peace  7 Promotion of a Democratic and Equitable International Order  8 Human Rights: International Cooperation and International Solidarity  9 Guiding Principles on Business and Human Rights  10 National Infrastructure  11 Protection of Human Rights While Countering Terrorism  12 Rights to Freedom of Peaceful Assembly and of Association  13 Protection from Arbitrary Detention  14 Protection of Human Rights Defenders  15 Right to Truth  16 Transitional Justice  17 Protection of Civilians in Armed Conflict  18 Right to Food  19 Human Rights and Access to Safe Drinking Water and Sanitation  20 Access to Medicine  21 Guiding Principles on Extreme Poverty and Human Rights  22 Rights of Peasants  23 The Human Rights of Older Persons  24 Basic Principles and Guidelines on Development-Based Evictions and Displacement  25 Trafficking in Persons  26 Mercenarism  27 Conclusion Conclusion Bibliography Index

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Book SynopsisThe Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.Table of ContentsAcknowledgements List of Tables List of Abbreviations Introduction part 1 The History, Effectiveness and Legality of Unilateral Economic Sanctions 1 The History and Effectiveness of Economic Coercion  1 The History of Economic Coercion: From Economic Warfare to the Enforcement of Community Interests  1.1 Economic Coercion before the Twentieth Century  1.2 Economic Sanctions in the Covenant of the League of Nations and Their Application in the Interwar Period  1.3 Economic Sanctions after World War ii  1.4 The “Sanctions Decade” and the Quest for “Smart” Sanctions  1.5 The War against Terrorism and the UN Security Council’s Targeted Sanctions  1.6 The Increased Use of Unilateral Economic Sanctions and a New Geo-Economic World Order  2 The Effectiveness of Economic Sanctions  2.1 The Objectives Pursued by Economic Sanctions  2.2 The Debate on the Effectiveness of Economic Sanctions  2.3 Strategies for Circumventing the Negative Effects of Economic Sanctions  3 Conclusion 2 The Legality of Unilateral Economic Sanctions under Public International Law  1 Unilateral Economic Sanctions: In Search of Definitional Clarity  1.1 Retorsion  1.2 Reprisals  1.3 Countermeasures  1.4 Third-Party Countermeasures (Solidarity Measures, Countermeasures in the Collective Interest)  1.5 Sanctions  2 The Legality of Unilateral Economic Sanctions under the Charter of the United Nations  2.1 Unilateral Economic Sanctions as a Use of Force under Article 2(4)  2.2 Unilateral Economic Sanctions as a Violation of the Principle of Non-intervention  3 The Legality of Unilateral Economic Sanctions under the Draft Articles on Responsibility of States for Internationally Wrongful Acts  3.1 Unilateral Economic Sanctions as Countermeasures  3.2 Unilateral Economic Sanctions as Third-Party Countermeasures  4 Unilateral Economic Sanctions and Established Principles of Jurisdiction in International Law  4.1 Jurisdiction in International Law  4.2 Secondary Sanctions and Their Extraterritorial Reach  4.3 Types of Primary and Secondary Unilateral Sanctions that Face a Significant Risk of Being Classed as Extraterritorial  5 Jurisdiction and the Imposition of Unilateral Financial Sanctions  5.1 The Era of Financial Warfare  5.2 Unilateral Financial Sanctions and Jurisdiction  5.3 Correspondent Account-Based Jurisdiction: A New Rule for Ascertaining Jurisdiction  6 Unilateral Economic Sanctions and the Immunities of States and State Officials  6.1 Blocking the Property of Central Banks and State-Owned Enterprises  6.2 Blocking of Property and Travel Restrictions Applicable to Heads of States and Other High-Ranking Government Officials  7 Unilateral Economic Sanctions and wto Law  7.1 Import Restrictions  7.2 Export Restrictions  7.3 Restrictions on Traffic in Transit and Goods in Transit  7.4 The Freezing of Assets and Restrictions on Financial Transactions  7.5 Visa Restrictions  7.6 Secondary Sanctions and Their Compatibility with wto Law  8 Conclusion part 2 The International Enforcement of Human Rights and the Legality of Unilateral Human Rights Sanctions 3 The International Enforcement of Human Rights  1 Human Rights Treaties and Enforcement Mechanisms  1.1 The Core Human Rights Treaties: A Short Review  1.2 Reporting Obligation  1.3 Mechanisms of Interstate Complaints  1.4 Mechanisms for Individual Complaints  1.5 Inquiry Procedure  1.6 Dispute Settlement Provisions and the Role of the International Court of Justice  1.7 The Deficiencies of Treaty-Based Enforcement Mechanisms  2 Enforcement of Human Rights That Have Acquired a Special Status  2.1 Jus Cogens  2.2 Obligations Erga Omnes  3 The Role of the Human Rights Council in the International Protection of Human Rights  4 The Role of the UN Security Council in Responding to Atrocities  4.1 Humanitarian Intervention and Responsibility to Protect (R2P)  4.2 Collective Economic Sanctions  5 Conclusion 4 The Legality of Unilateral Economic Sanctions Imposed to Redress Human Rights Violations  1 Human Rights Sanctions and the Principle of Non-intervention  2 Economic Sanctions Targeting Human Rights Violations and the Draft Articles on Responsibility of States for Internationally Wrongful Acts  3 Economic Sanctions Targeting Human Rights Violations and the Immunities of Heads of States and Other High-Ranking Government Officials  4 Economic Sanctions Imposed on Human Rights Grounds and wto Law  4.1 Justification under the Public Morals Exception  4.2 Justification under the National Security Exception  5 Conclusion part 3 The Contribution of the Doctrine of Common Concern of Humankind to the International Protection of Human Rights 5 The Doctrine of the Common Concern of Humankind and Its Contribution to Enhancing Human Rights Protection  1 The Evolution of the Doctrine of the Common Concern of Humankind  2 The Suggested Normative Implications of the Principle of the Common Concern of Humankind  2.1 Duty to Cooperate  2.2 Obligation to Do One’s Homework  2.3 Securing Compliance  3 The Introduction of the Doctrine of Common Concern of Humankind into International Human Rights Law  3.1 The Reasons behind States’ Abuses of Human Rights  3.2 The Concept of the Essence of Human Rights (Kerngehalt) as a Threshold to Define Human Rights as a “Common Concern”  3.3 Systematic Human Rights Violations as an Additional Criterion  3.4 Grave Human Rights Violations as a Threat to International Peace and Security  4 The Potential of the Principle of the Common Concern of Humankind in International Human Rights Law  4.1 Reinforced Duty to Cooperate  4.2 The Domestication of International Human Rights Obligations  4.3 An Instrument for Providing Legality and Legitimacy to Unilateral Economic Sanctions  4.4 An Instrument to Empower Civil Society  5 Conclusion  Conclusion Bibliography Index

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Book SynopsisShipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters.Table of ContentsForeword Acknowledgements List of Figures and Tables List of Contributors List of Acronyms 1 Introduction  Kristin Bartenstein and Aldo Chircop Part 1: Understanding the Context of Governance of Shipping in Canadian Arctic Waters 2 “The Sea is Our Mainstay”: Shipping and the Inuit Homeland  Monica Ell-Kanayuk and Claudio Aporta 3 Shipping in Arctic Marine Ecosystems under Stress: Recognizing and Mitigating the Threats  Warwick F. Vincent, Connie Lovejoy and Kristin Bartenstein 4 Shipping along the Northwest Passage: A Historical Overview  Adam Lajeunesse and P. Whitney Lackenbauer 5 Comparative Perspectives on the Development of Canadian Arctic Shipping: Impacts of Climate Change and Globalization  Frédéric Lasserre 6 Reconsidering Arctic Shipping Governance through a Decolonizing Lens  Leah Beveridge 7 Unpacking Canada’s Arctic Shipping Safety, Security, and Defence Functions  Andrea Charron and David Snider 8 Canadian Icebreaker Operations and Shipbuilding: Challenges and Opportunities  Timothy Choi 9 Mitigating the Tyranny of Time and Distance: Community-Based Organizations and Marine Mass Rescue Operations in Inuit Nunangat  Peter Kikkert, Calvin Aivgak Pedersen, and P. Whitney Lackenbauer Part 2: Reimagining the Governance of Shipping in Canadian Arctic Waters 10 Canada and the Future of Arctic Coastal State Jurisdiction  Kristin Bartenstein 11 The Modern Case Law on the Powers and Responsibilities of Flag States: Navigating Canada’s Arctic Waters  Nigel Bankes 12 The Canadian Policy, Legal and Institutional Framework for the Governance of Arctic Shipping  Aldo Chircop 13 Goal-Based Standards, Meta-Regulation and Tripartism in Arctic Shipping: What Prospects in Canadian Waters?  Phillip A. Buhler 14 Modernizing the Governance of Passenger Vessel Operations in the Canadian Arctic  Meagan Greentree 15 Governing Canadian Arctic Shipping through Low-Impact Shipping Corridors  Jackie Dawson and Gloria Songbr/> 16 The New Federal Impact Assessment Act and Arctic Shipping: Opportunities for Improved Governance  Meinhard Doelle, David V. Wright, A. John Sinclair and Simon Dueck 17 Indigenous Self-Determination and the Regulation of Navigation and Shipping in Canadian Arctic Waters  Suzanne Lalonde and Nigel Bankes 18 Conclusion  Aldo Chircop and Kristin Bartenstein Index

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Book SynopsisThis book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.Table of ContentsList of Figure part 1 Introduction 1 Introduction  1.1 Introduction  1.2 Background  1.3 The Absence of International Legal Agreements Regulating Oil Pollution Damage from Offshore Subsoil Activities  1.4 The Barents Sea  1.5 Limitations and Assumptions throughout the Book 2 Sources of Law in Norway and Russia  2.1 Introduction  2.2 Sources of Law – Norway  2.3 Sources of Law – Russia  2.4 Some Comments on Legal Reasoning  2.5 Materials Used 3 Principles and Considerations in Norwegian and Russian law  3.1 Introduction  3.2 The Use of the Terminology ‘Legal Principle’ in This Book in Relation to Norwegian and Russian Law  3.3 The International Environmental Polluter Pays Principle – from an Economic to a Multi-version Principle  3.4 Common Consideration in Norwegian and Russian Law  3.5 Norwegian National Considerations with Respect to Chapter 7 of the Petroleum Act  3.6 Russian National Considerations  3.7 Comparative Notes  3.8 Conclusions 4 Liability for Pollution Damage in the Barents Sea  4.1 Introduction  4.2 Liability for Pollution Damage in Norway  4.3 Liability for Pollution Damage in Russia part 2 Procedural Law Issues: Choice-of-Law, and Recognition and Enforcement of Foreign Judgments 5 Choice of Law Rules in the Petroleum Act and the Civil Code  5.1 Introduction  5.2 Two Cross-Border Pollution Scenarios  5.3 A Harmed Russian Party Filing a Claim for Compensation in a Norwegian Court for Harm Inflicted to the Russian Party, When Located in the Russian Part of the Barents Sea, by a Norwegian Company Located in the Norwegian Part of the Barents Sea  5.4 A Harmed Norwegian Party Filing a Claim for Compensation in a Russian Court for Harm Inflicted to the Norwegian Party Located in the Norwegian Part of the Barents Sea by a Russian Company Located in the Russian Part of the Barents Sea  5.5 Conclusion of Choice of Law 6 Recognition and Enforcement of Foreign Judgments in National Courts Absent an International Agreement (Enforcement of Norwegian Judgments in Russian Courts and Russian Judgments in Norwegian Courts)  6.1 Introduction  6.2 European Recognition and Enforcement Regimes of Foreign Judgments in Civil and Commercial Matters  6.3 Norwegian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.4 Russian Legal Approach to Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters  6.5 Conclusion of Recognition and Enforcement of Foreign Judgments Part 3 Substantive Law Issues: Examining Compensability through the Concept of Damage, Losses Suffered by Third Parties, and Harm to the Environment and Its Valuation and Calculation 7 The Definition and Understanding of the Norwegian Concept of “Damage” under the Petroleum Act and the Russian Concept of “Harm” under the Federal Continental Shelf Law and the Federal Environmental Protection Law  7.1 Introduction  7.2 Norwegian Law  7.3 Russian Law  7.4 Comparative Analysis  7.5 Conclusion of Chapter 7 8 Compensability of Losses Suffered by Third Parties: Establishing Protection in Delict Law and Limitation of This Liability through Causation  8.1 Introduction  8.2 Historical Prelude  8.3 Pure Economic Loss and Losses Suffered by Third Parties  8.4 Norwegian Law: the Establishment of Protection in Delict Law and Limitation of Liability through Proximity in Causality and Balancing of Interests  8.5 Russian Law – the Concept of “Unreceived Income”  8.6 Comparative Analysis  8.7 Conclusion on Losses Suffered by Third Parties 9 Compensability of Harm to the Marine Natural Environment Caused by Petroleum Spills  9.1 Introduction  9.2 Values Attributable to the Environment  9.3 Norwegian Law  9.4 Russian Law  9.5 Comparative Analysis  9.6 Conclusion of Chapter 9 10 The Valuation and Calculation of Compensable Damage to the Environment  10.1 Introduction  10.2 The Primary Valuation and Calculation Methods  10.3 The Norwegian Approach to Restoration and Replacement Costs  10.4 The Russian Approach: Market Valuation and Mathematical Formulas  10.5 Comparative Analysis  10.6 Conclusion 11 Conclusions and Policy Recommendations  11.1 Introduction  11.2 Conclusions and Summary of the Book  11.3 Policy Recommendations Annexes Bibliography Index

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Book SynopsisHow can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children’s rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children’s international human rights, with a special focus on the realization of the CRC in Sweden.Table of ContentsPreface – Contrasting Perspectives on Child Rights   Rebecca Adami Abbreviations Notes on Contributors Introduction   Children’s Rights from an International Perspective   Laura Lundy   A Children’s Rights Dilemma – Paternalism versus Autonomy   Noam Peleg Part 1 Legal Challenges Regarding the Rights of the Child 1 Children’s Right to Have Rights – on the Importance of Statutory Rights for Swedish Children Living outside the Country   Johanna Schiratzki   A Response to Johanna Schiratzki   Sandra Karlsson 2 Child Rights without Substance? – Swedish Public Welfare and the Invisibility of Children in Economic Support Cases   Pernilla Leviner and Tim Holappa   A Response to Pernilla Leviner and Tim Holappa   Lars Lindblom 3 Children’s Participation in Legal Proceedings – Conditioned by Adult Views of Children’s Capacity and Credibility?   Anna Kaldal   A Response to Anna Kaldal   Linde Lindkvist 4 Societal Unease and the Right to Non-discrimination for Youths with Foreign Background Who Are in Conflict with the Law   Katrin Lainpelto   A Response to Katrin Lainpelto   Rebecca Adami 5 Children’s Right to Health(Care) – in Light of Medical Advancements and Developments in Paediatric Care   Kavot Zillén   A Response to Kavot Zillén   Margareta Aspán Part 2 Conceptualizing the Rights of the Child Political, Ethical, and Moral Dimensions 6 Childism – on Adult Resistance to Children’s Rights   Rebecca Adami   A Response to Rebecca Adami   Katrin Lainpelto 7 Five Problems with Children’s Participation Rights   Linde Lindkvist   A Response to Linde Lindkvist   Anna Kaldal 8 Distributive Justice for Children   Lars Lindblom   A Response to Lars Lindblom   Pernilla Leviner and Tim Holappa 9 Article 31 – the Forgotten Right to Cultural Life and the Arts   Margareta Aspán   A Response to Margareta Aspán   Kavot Zillén 10 Ethnography of Lived Rights – Methodological and Ethical Considerations when Researching Rights with Children   Sandra Karlsson   A Response to Sandra Karlsson   Johanna Schiratzki Index

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Book SynopsisIn this book, Bertus de Villiers offers unique insights into institutional design aimed at the protection of minority rights. He reflects on several case studies to highlight various aspects of the complexity of contemporary constitution drafting and how creative solutions have been found to secure the rights of minorities. The respective chapters drill down to a practical level to assist constitutional scholars, legal scientists, the judiciary and practitioners to better comprehend the dynamics of minority rights in the country under discussion; to be informed by the jurisprudence that have arisen; and to gain insights from the adjustments that had to be made to more effectively protect the rights of minorities.Table of ContentsPreface 1 The Design of Institutions in Response to Diversity A Shot in the Dark or a Fine Art?  1 Introduction  2 To Accommodate, Integrate or Assimilate – That is the Question  3 Guidance to Institutional Design from International Law  3.1 Inconsistency is the Name of the Game  3.2 Selected International Legal Instruments: United Nations  3.3 Regional Legal Instrument: European Framework Convention for the Protection of National Minorities  3.4 From Theory to Practice: The (Non-binding) Lund Recommendations and Ljubljana Guidelines in Europe  4 Conclusion: Designing Institutions in Response to Diversity: A Shot in the Dark or a Fine Art? 2 A Promise Not to Keep? Lessons from Central and Eastern Europe to Establish Cultural Councils and Relevance to the Afrikaans Community of South Africa  1 Introduction  2 The Advent of Cultural Councils in Central and Eastern Europe  3 The Promise of Cultural Councils in the 1996 Constitution of South Africa  4 The Origin of the Cultural Council-debate in South Africa  5 Contemporary Cultural Councils in Estonia, Hungary and the Russian Federation  5.1 Legal Framework of the Cultural Councils  5.2 Power and Functions of the Cultural Councils  5.3 Observations of the Respective Cultural Councils  6 Lessons to be Drawn by the Afrikaans (and Other) Community  7 Conclusion 3 Non-territorial Self-government and Socio-economic Empowerment The Roma of Hungary  1 Introduction  2 Hungary: An Overview of Nationality Self-government  2.1 Population Composition  2.2 Establishment of Nationality Self-governments  2.3 Election of Nationality Self-governments  2.4 Nationality Self-governing Non-territorial Institutions  2.5 Nationality Self-government Functions  3 The Roma and Non-territorial Self-government  3.1 Who Are the Roma?  3.2 Nationality Self-governments for the Roma  3.3 Outcomes of Roma Self-government  3.3.1 Criteria to Assess Success or Failure of Self-government  3.3.2 Competing Philosophies between Roma and Other Nationalities  3.3.3 The 2011-Reforms  3.3.4 Varied Experiences of Self-governments  3.3.5 Integration or Accommodation or Both?  3.3.6 Who is Responsible for Socio-economic Improvement of the Roma?  4 Summary 4 Using Control Over Access to Land to Achieve Cultural Self-government (of Some Sort) Reflecting on the Experiences of Aboriginal People with the Right to Negotiate in Australia  1 Introduction  2 Characteristics of the Right to Negotiate  3 Aboriginal People of Australia – A Brief Overview  4 Recognition of Native Title  5 Incorporating Aboriginal Communities: A Legal Basis to Exercise Collective Rights  6 Right to Negotiate: Its Meaning and Effect  6.1 How Does the Right to Negotiate Come into Existence?  6.2 What Does the Right to Negotiate Entail?  6.3 Support for Aboriginal People in “Good Faith” Negotiations  6.4 Option for Indigenous Land Use Agreements as an Alternative to Right to Negotiate  6.5 Compensation for Loss or Diminution of Native Title  7 The Right to Negotiate and Its Contribution to Aboriginal Self-determination 5 Breaking New Ground for Indigenous Non-territorial, Cultural Self-government – the Noongar Settlement in Australia  1 Introduction  2 An ilua – a Publicly Registered Treatise for Land Access and Cultural Self-government  3 The Noongar People – Trailblazers for Community Self-government  4 The Road to Settlement: From Litigation to Negotiation  5 Essential Principles of the Noongar Settlement  6 Main Elements of the Noongar Compensation Package  7 The Noongar Settlement – a Proper Classification  8 The Noongar Settlement – Principles of Relevance to the Theory and Practice of Protection of Minority and Indigenous Rights  9 Conclusion 6 Does a Constitution Have a Soul? The Role of Bundestreue in the Germany and Ubuntu in South Africa to Give Life and Identity to a Constitutional Text  1 Introduction  2 Introduction to the Term Bundestreue  3 Bundestreue and its Relevance to the Conduct of Intergovernmental Relations  4 The Origin of Bundestreue  5 Bundestreue in Its Practical Application  6 Ubuntu – An Implied Term of Dignity, Fairness and Humanity  6.1 Origin and Meaning of Ubuntu  6.2 Reliance on Ubuntu by the Constitutional Court  7 Summary of Comparisons between Bundestreue and Ubuntu  8 Conclusion 7 Flying a Flag for Freedom of Expression When Does a Historic Symbol of a Minority Turn into Hate Speech? The Case of the Old Flag of South Africa  1 Introduction  2 Background to the Flag Dispute  3 Events Leading to the Dispute about the Old Flag  4 Background to the Old Flag  5 Legal Framework  6 Judgment: Does the Display of the Old Flag Constitute Hate Speech?  7 Five Questions about Symbols and Hate Speech – Comparative Experiences  7.1 General Comments on the Judgment  7.2 Foreign Comparative and International Law  7.2.1 A Flag as Hate Speech  7.2.2 Universal Definition of Hate Speech  7.2.3 Can Hate Speech Be Influenced by Effluxion of Time?  7.2.4 Test for Hate Speech: Intention or Perception?  7.2.5 Balance between Freedom of Speech and Protection Against Hate Speech  8 Summary 8 Concluding Observations Bibliography Index

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Book SynopsisDemocratic societies expect their armed forces to act in a morally responsible way, which seems a fair expectation given the fact that they entrust their armed forces with the monopoly of violence. However, this is not as straightforward and unambiguous as it sounds. Present-day military practices show that political assignments, social and cultural contexts, innovative technologies and organisational structures, present military personnel with questions and dilemma’s that can have far-reaching consequences for all involved – not in the last place for the soldiers themselves. A thorough training and education, in which critical thinking is developed and stimulated, seems therefore a necessary condition for morally responsible behaviour. This book aims to contribute to this form of ‘reflective practitioning’ in military practice.Table of ContentsList of Illustrations Notes on Contributors 1 Introduction Ethics and Military Practice   Désirée Verweij 2 Fostering Reflective Practice and Moral Competence Ethics Education in the Military   Eva van Baarle 3 ‘The Roof, the Roof, the Roof is on Fire’ Moral Standards and Moral Disengagement in Military Organisations   Eva van Baarle and Marjon Blom-Terhell 4 Loyalty A Grey Virtue?   Peter Olsthoorn and Marjon Blom-Terhell 5 Moral Injury The Psychological Impact of Morally Critical Situations   Tine Molendijk 6 Ethics and Technology   Christine Boshuijzen-Van Burken 7 An Organisational Perspective on Military Ethics   Eric-Hans Kramer, Herman Kuipers, Miriam de Graaff 8 Morality Foundation for Competent Professionals   G. J. van Doorn Index

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Book SynopsisThe Yearbook of Polar Law covers a wide variety of law and policy topics relating to the Arctic and the Antarctic, and even the Third Pole. Many of the articles draw on presentations made at the annual Symposiums on Polar Law. The Editors-in-Chief are Gudmundur Alfredsson of the Stefansson Arctic Institute in Akureyri and the China University of Political Science and Law in Beijing, Julia Jabour of the Institute for Marine and Antarctic Studies, University of Tasmania, Timo Koivurova of the Arctic Centre, University of Lapland, and Akiho Shibata of the Polar Cooperation Research Centre, Kobe University. Articles published in the Yearbook are peer reviewed, unless otherwise noted. The Yearbook will also carry book reviews and occasional news stories. The topics covered in the Yearbook include: - human rights issues, such as autonomy, self-government and self-determination, the rights of indigenous peoples to land and natural resources, cultural rights and cultural heritage, and indigenous traditional knowledge - local, national and corporate governance issues - environmental law, climate change, security and human rights implications of climate change, protected areas and species, and biodiversity - regulatory and management agreements and arrangements for marine environments, marine mammals, fisheries conservation and other biological/mineral/oil resources - jurisdictional and other issues re the exploration, exploitation and shipping of oil, gas and minerals - law of the sea, the retreating sea ice, and continental shelf claims - trade law, potential shipping lines through the northwest and northeast passages, maritime law and transportation law - territorial claims and border disputes on both land and at sea - peace and security, and dispute settlement - the roles and actual involvement of international organizations in the polar regions, such as the Arctic Council, the Nordic Council, the International Whaling Commission, the European Union, the North Atlantic Treaty Organization, and the United Nations, and - the activities of NGOs, think tanks and academic institutions This Yearbook contains a selection of papers presented at the 14th Polar Law Symposium and other papers submitted.Table of ContentsPreface List of Tables, Figures and Maps Notes on Contributors section 1: The Arctic and the Contribution of ArCS ii Country Visits: Report on a Visit to the Ainu and Lessons for the Arctic  Gudmundur Alfredsson Jus Pro Homine, Natura et Animalis: Dignifying the Right to Life of Arctic Indigenous Peoples  Yota Negishi Implementing the 2017 Arctic Science Cooperation Agreement: Challenges and Opportunities as regards Russia and Japan  Alexander Sergunin and Akiho Shibata Recalcitrant Materialities of a Liminal Ocean: Deconstructing the Arctic ‘Nomos’  Apostolos Tsiouvalas U.S.-China Arctic Cooperation in a New Era of Great Power Competition: Opportunities and Challenges  Yuanyuan Ren section 2: The Antarctic Legal Personality in Antarctica  Trevor Daya-Winterbottom Polar Policy in Practice: Tour Guiding in Antarctica  Hanne Nielsen and Gabriela Roldan The 2018 Judgment by the European Court of Justice on Antarctic mpa s and Its Possible Significance to the Antarctic Treaty System  Gustavo Ramírez Buchheister Antarctic Maritime Zones in the Era of Climate Change: ilc, ila and the Long Road Ahead  Marcelo Molina Villalobos section 3: Non Peer-Reviewed Papers The Pan-Arctic Report on Gender Equality in the Arctic: Moving Forward!  Eva-Maria Svensson, Hjalti Ómar Ágústsson and Embla Eir Oddsdóttir section 4: Book Reviews Vito De Lucia, Alex Oude Elferink and Lan Ngoc Nguyen (eds.), International Law and Marine Areas beyond National Jurisdiction – Reflections on Justice, Space, Knowledge and Power  Katharina Heinrich Snjólaug Árnadóttir. Climate Change and Maritime Boundaries: Legal Consequences of Sea Level Rise  Medy Dervovic

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Book SynopsisThe volume presents an innovative analysis of defence rights in EU criminal proceedings through the lens of a computational approach to the law. This multi-level research tackles both EU law and national legislation, as well as case-law on defence rights in criminal proceedings. The comparative analysis on procedural safeguards is integrated by legal informatics, that led to the translation into computable language of the relevant EU and national legislation. Such multidisciplinary approach allows, through a semiautomated technology, to better highlight potentially uncovered deficit of the normative texts, and to enhance comparative analysis of legal systems. The breakthrough perspective brings a novel viewpoint to the debate on criminal procedure rights, shading light on the potential emerging from the interaction between criminal law and technology.

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Book SynopsisGlobalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe. In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.Table of Contents1 Introduction: State, Law, and Religious Diversity   Joseph Marko, Maximilian Lakitsch, Wolfgang Weirer, Franz Winter and Kerstin Wonisch Part 1 Religion, State, Law, and Secularism 2 Human Rights and the Osmosis between Secular and Religious Legal Systems The Post-modern European Right to Freedom of Religion through the Prism of the Islamic Veil   Alessandro Ferrari 3 Protection or Persecution? The State, the Law, and Minority Religion   Eileen Barker 4 Historicizing the Secularization Debate A Helpful Illustration from Bosnia and Herzegovina   Dino Abazović 5 Russian Conservatism and Human Rights in Europe   Mikhail Antonov 6 Multiculturalizing Secularism   Tariq Modood Part 2 Islamic Concepts of Law and Politics 7 Beyond the State Law Versus God’s Law Dilemma: A Genealogical Approach to Islamic Concepts of Law, Politics, and Sovereignty   Jocelyne Cesari 8 Religious Diversity, Secularisms, and Ideologies Comparing Western and Muslim Countries   Ahmet T. Kuru 9 Is a Comparative History of Western and Islamic Political Thought Possible?   Joseph Marko Part 3 The Varieties of Religious Fundamentalisms 10 Islamic Fundamentalism: Beyond Islamism, Extremism, and Political Islam   Rüdiger Lohlker 11 Fundamentalisms Old and New? Intra-religious Developments and Inter-denominational Alliances in the New Christian Right in Austria   Katharina Limacher 12 The Varieties of Fundamentalism: A Comparative Approach to the Use of a Very Popular Term with a Buddhist Side-Step   Franz Winter Part 4 Gender and Religion 13 Religion, Gender, and Law: A Tense Relationship   Kerstin Wonisch 14 Critical Reflections on the Androcentrism of Religious Norms: The Heteronomy of the Female Body   Dana El-Omari 15 Canon and Tradition in Transition: The Case of Gender in Israel   Henriette Dahan Kalev Part 5 Religion and Education 16 Religion, Human Rights and Education in Pluralistic Societies Re-visiting John Rawls and Jürgen Habermas   Manfred L. Pirner 17 The Question of Truth within the Context of (Religious) Plurality A Challenge for Religious Education   Andrea Lehner-Hartmann 18 Pluralistic Society as a Challenge for Islamic Education An Example from Austria   Zerkirija Sejdini 19 Religious Education in a Pluralistic Society Opportunities, Challenges, and Legal Conclusions   Wolfgang Weirer Part 6 Interreligious Dialogue and Peacebuilding 20 Reconsidering the Transnational Dimension of Religion and Conflict   Maximilian Lakitsch 21 Interreligious Dialogue in a Pandemic Reality Between Priority and Luxury   Mohammed Abu-Nimer 22 Religious Perspectives and their Relevance for Peace: A Few Concluding Remarks on Interreligious Dialogue   Maximilian Lakitsch and Franz Winter Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.Table of ContentsAcknowledgments List of Tables List of Abbreviations 1 Introduction  i Citizenship and International Migration – Setting the Problem  ii Objective, Scope and Delimitation  iii Approach and Outlook 2 Citizenship and Nationality Terms, Concepts and Rights  i Citizenship or Nationality? A Note on Terminology  ii The Concept of Citizenship  1 Historical Traces of the Concept of Citizenship  2 Theoretical Conceptualizations of Citizenship  3 Citizenship as a Legal Status  3.1 The Concept of Citizenship in International Law  3.2 Acquisition and Loss of Citizenship  3.3 Functions of Citizenship  iii Citizenship as a Human Right  1 Citizenship as Access to (Human) Rights  2 Citizenship as a Moral Human Right  2.1 Hannah Arendt’s Right to Have Rights  2.2 Seyla Benhabib’s Cosmopolitan Right to Membership  2.3 Ruth Rubio-Marín’s Jus Domicilii  2.4 Joseph Caren’s Theory of Social Membership  2.5 Ayelet Shachar’s Jus Nexi  2.6 David Owen’s Right to a Nationality  3 Citizenship as a Legal Human Right 3 Domaine Réservé? Statehood, Sovereignty and Nationality  i Statehood and Sovereignty in International Law  1 Elements of Statehood  2 Statehood and Sovereignty  3 State Sovereignty and the Doctrine of Domaine Réservé  ii The Traditional Perception of Nationality as a Domaine Réservé and its Development  iii A Historical Perspective on the Regulation of Nationality in International Law  1 Early Multilateral Regulation: Avoiding Conflicts  2 Internationalization and Specialization: The 1930 Hague Convention  3 The After-War Period: The Rise of Individual Rights  4 The Parallel Development: The Indirect Regulation of Nationality  iv Conclusion: Growing International Support 4 Beyond Sovereignty The Right to Nationality in International Law  i Article 15 Universal Declaration of Human Rights  1 The Drafting History of Article 15 udhr  2 The Scope and Content of Article 15 udhr  3 The Customary Nature of Article 15 udhr  ii The Right to Nationality in International Law  1 The Right to Nationality at Universal Level  1.1 The UN Core Human Rights Treaties  1.2 The Statelessness Conventions and the Refugee Convention  1.3 Soft Law Instruments at Universal Level  2 The Right to Nationality at Regional Level  2.1 The Americas  2.2 Europe  2.3 Africa  2.4 Middle East and North Africa  2.5 Asia and Pacific  2.6 Interim Conclusion  iii The Right to Nationality as Customary International Law?  iv Conclusion: The Body of International Human Rights Law 5 Defining the Right to Nationality Rights and Obligations  i Qualifying the Right to Nationality  ii The Scope of the Right to Nationality  1 Personal Scope of Application  1.1 Everyone  1.2 Instruments with a Limited Personal Scope  1.3 Legal Persons?  2 Substantive Scope of Application  2.1 Nationality  2.2 Acquisition, Change and Loss of Nationality  3 Territorial Scope of Application  4 Temporal Scope of Application  iii Rights and Obligations Derived from the Right to Nationality  1 Negative and Positive Obligations  2 Transversal Obligations  2.1 Prohibition of Discrimination  2.2 The Prohibition of Arbitrariness and the Question of Proportionality  2.3 The Duty to Prevent and Reduce Statelessness  3 Obligations Regarding the Acquisition of Nationality  3.1 Right of the Child to Acquire a Nationality  3.2 Acquisition of Nationality by Stateless Persons and Refugees  3.3 Acquisition in Situations of State Succession  3.4 Prohibition of Extraterritorial Naturalizations  3.5 Prohibition of Forced Naturalization  3.6 Right to Naturalization  4 Obligations Regarding the Effective Enjoyment of Nationality  5 Obligations Regarding Change of Nationality  5.1 The Right to Change One’s Nationality  5.2 The Right to Renounce One’s Nationality  5.3 A Right to Dual or Multiple Nationality?  6 Obligations Regarding Involuntary Loss of Nationality  6.1 The Prohibition of Arbitrary Deprivation of Nationality  6.2 Prohibition of Deprivation of Nationality of Children  6.3 Prohibition of Mass Deprivation of Nationality  7 Obligations Regarding the Procedure  7.1 Access to the Procedure  7.2 Due Process  7.3 Right to Review  iv Lawful Interference with the Right to Nationality?  1 Legality of Interference  2 Legitimacy of Interference  3 Balancing of the Interests  v Enforceability and Implementation of the Right to Nationality  vi Conclusion: Identifiable and Predictable Rights and Obligations 6 An Individual Right Realizing the Right to Citizenship  i The Need to Strengthen the Right to Citizenship  1 The Limitations of Birthright-Based Modes of Citizenship Acquisition  2 The Claim for Political Participation and Representation  3 The Exclusionary Effects of Citizenship  4 The Individual Rights’ Dimension  ii Jus Nexi – a Genuine-Connection Principle for Citizenship Acquisition  1 Theoretical Foundations of the Concept of Jus Nexi  2 From ‘Private Life’ and ‘One’s Own Country’ to Jus Nexi  2.1 The Right to Private Life and the Concept of Social Identity  2.2 The Right to Enter One’s Own Country  3 Connecting Factors for a Jus Nexi  3.1 Territorial Ties  3.2 Familial Ties  3.3 Social, Professional, Cultural or Political Ties  4 A Dynamic and Non-exclusive Concept  iii Linking Jus Nexi and the Right to Citizenship  iv The Implications of a Jus Nexi-Based Right to Citizenship  1 Scope of a Jus Nexi-Based Right to Citizenship  2 Content of a Jus Nexi-Based Right to Citizenship  2.1 The Right to Acquire Citizenship at Birth  2.2 The Right to the Citizenship of a Specific State  2.3 The Right to Dual and Multiple Citizenship  2.4 Limitations upon Involuntary Loss of Citizenship  3 Legitimate Interferences — Balancing a Jus Nexi-Based Right to Citizenship  v Conclusion: Strengthening the Right to Citizenship 7 Conclusion Bibliography Table of Other Materials Table of Cases Index

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Book SynopsisAfrica and the Universality of Human Rights offers a succinct but comprehensive treatment of the human rights systems and machinery applicable in Africa. It consolidates a wide range of materials and sources in a comprehensive way that will be of value to teachers, students, scholars and activists. It makes clear that, notwithstanding difficulties experienced on the ground, African governments, peoples, and institutions together have repeatedly expressed their commitment to the universality of human rights, the corner-stone of the contemporary international order.Table of ContentsForeword Preface Abbreviations 1 Introduction  1.1 Introduction  1.2 Corner Stones  1.3 The Peace Architecture of the African Union  1.4 Conclusion 2 Africans Who Shaped Universality  2.1 Introduction  2.2 The Development of Universal Norms  2.3 Self-Determination and the Quest for Justice  2.4 Equality and Non-discrimination  2.5 Universal Implementation of Human Rights  2.6 Conclusion 3 Africa, the United Nations and the Universality of Human Rights  3.1 Introduction  3.2 Obligations under International Law, the Charter and the Universal Declaration  3.3 Universality as an Idea, a Goal, and a Normative Concept  3.3.1 Universality as a Goal  3.3.2 Universality as a Normative Concept  3.4 The Bases of Universality  3.4.1 African States’ Participation in UN Organs, such as the Human Rights Council and Its Universal Periodic Review  3.4.2 Constitutional Dimension  3.4.3 Legislative Dimension  3.4.4 Judicial Dimension  3.4.5 Institutional Dimension  3.4.5.1 Monitoring Dimension  3.4.6 Cooperation under UN Human Rights Treaties  3.5 The Jurisprudence of the International Court of Justice Applicable to all Countries, Including in Africa  3.5.1 Obligations Erga Omnes  3.5.2 Jus Cogens  3.5.3 Protection of the Right to Life  3.5.4 Protection of the Environment  3.5.5 The Legality of Nuclear weapons  3.5.6 The Principle of the Non-use of Force  3.5.7 Self-Determination  3.5.8 Prevention of Genocide  3.5.9 The Jurisprudence of UN Human Rights Treaty Bodies  3.6 Conclusion 4 The African Commission and Court on Human and Peoples’ Rights  4.1 Introduction  4.2 The African Human Rights Commission and the Universality of Human Rights  4.2.1 Protection of the Right to Life: Noah Kazingachire, John Chitsenga, Elias Chemvura and Batanai Hadzisi v. Zimbabwe  4.2.2 Freedom from Torture: Gabriel Shumba v. Zimbabwe  4.2.3 The Right to Liberty and Freedom from Torture: Abdel Hadi, Ali Radi and Others v. Republic of Sudan  4.2.4 The Right to a Fair Trial: Hargewoin Gabre-Selassie and ihrda (on Behalf of Former Derge Officials v. Ethiopia  4.2.5 The Independence of the Judiciary: Tsatsu Tsikata v. Republic of Ghana  4.2.6 The Right to Property: Dino Noca v. Democratic Republic of the Congo  4.3 The African Human Rights Court and the Universality of Human Rights  4.4 The African Protection Concept  4.4.1 General Obligation of the State to Respect, Protect, Promote and Fulfil Rights  4.4.2 The Principle of Subsidiarity and the Margin of Appreciation  4.4.3 The Responsibility to Protect  4.4.4 The Responsibility to Prevent  4.4.5 The Right to a Clean Environment  4.4.6 The Right to Development  4.5 Conclusion 5 The African Union  5.1 Introduction  5.2 African Charter on Democracy, Elections and Governance  5.2.1 Democracy, Rule of Law and Human Rights  5.2.2 A Culture of Democracy and Peace  5.2.3 Democratic Institutions  5.2.4 Democratic Elections  5.2.5 Political, Economic and Social Governance  5.2.6 Enforcement  5.2.7 Protocol Relating to the Establishment of the Peace and Security Council of the African Union  5.2.8 Preventive Diplomacy  5.4 Conclusion 6 Sub-regional Institutions and Courts  6.1 Introduction  6.2 ecowas Protocol on Democracy and Good Governance (2001)  6.3 ecowas and East African Community Courts of Justice  6.3.1 ecowas Community Court of Justice  6.3.2 East African Community and the East African Court of Justice  6.4 igad: Democracy, Governance, Elections, Early Warning  6.5 sadc: Southern African Development Community and eccas: Economic Community of Central African States  6.5.1 sadc Tribunal  6.5.2 eccas: Economic Community of Central African States  6.5.3 eccas: Economic Community of Central African States  6.6 Conclusion 7 National Human Rights Institutions and Courts  7.1 Introduction  7.2 African National Human Rights Institutions (anhri s)  7.3 South African Constitutional Court  7.3.1 Supreme Court of Kenya  7.3.2 Constitutional Court of Malawi  7.4 Conclusion 8 Civil Society  8.1 Introduction  8.2 Kampala Declaration of Human Rights Defenders (2009); Kampala Plan of Action for Human Rights Defenders (2019)  8.3 Harare Declaration of Human Rights 1989  8.4 Civil Society  8.4.1 The Elders’ Global Commission on Elections, Democracy and Security  8.4.2 Electoral Institute for Sustainable Democracy in Africa  8.5 Publicists  8.5.1 An Akan Perspective on Human Rights  8.5.2 The Akan Conception of a Person  8.5.3 The Akan Political System  8.5.4 Rights of Political Participation  8.5.5 The Right to a Fair Trial  8.5.6 The Right to Land  8.5.7 Religious Freedom  8.5.8 African Ubuntu on Human Rights  8.6 Conclusion 9 Conclusion  9.1 Introduction  9.2 Grand Bay Declaration  9.3 Algiers Declaration  9.4 Conclusion Annex i: African Charter on Human and Peoples’ Rights (Banjul Charter, 1981) Annex ii: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa Annex iii: African Charter on the Rights and Welfare of the Child Annex iv: Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights, 1998 Annex v: au, African Charter on Democracy, Elections and Governance (2007) Annex vi: ecowas Protocol on Democracy and Good Governance (2001) Annex vii: oau Convention Governing the Specific Aspects of Refugee Problems in Africa Annex viii: UN Human Rights Committee General Comment [No. 29] on Article 4 of the iccpr: States of Emergency Bibliography Index

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Book SynopsisThe open access publication of this book has been published with the support of the Swiss National Science Foundation. Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.Table of ContentsAcknowledgements Abbreviations and Acronyms Table of Materials Introduction 1 The Need to Provide International Protection to Persons Mobile in the Context of Disasters and Climate Change  1 Human Mobility in the Context of Disasters and Climate Change as a Complex Problem  2 International Protection as a Solution  2.1 The Notion of International Protection in International Law  2.2 Conceptualising the International Protection of Persons Mobile in the Context of Disasters and Climate Change  3 Towards International Protection: The Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration  3.1 The Notion of a Global Compact  3.2 International Protection and the Global Compact on Refugees  3.3 International Protection and the Global Compact for Safe, Orderly and Regular Migration  3.4 Future Implications  4 Conclusion 2 Mapping the Legal Gaps  1 Relevant International Treaty Regimes  1.1 International Refugee Regime  1.2 International Climate Change Regime  1.3 International Desertification Regime  1.4 International Labour Regime  1.5 International Trade Regime  1.6 International Human Rights Regimes  2 Relevant International Rules and Principles  2.1 Non-refoulement  2.2 Protection in the Event of Displacement  2.3 Protection in the Event of Disasters  3 A Novel Challenge: Sea-Level Rise and International Law  4 Conclusion 3 Legal Gaps in Action – Insights from the Pacific Island States  1 Setting the Scene  2 Human Mobility in the Context of Disasters and Climate Change in the Region  2.1 Comparing the Pathways for Inter- and Intra-regional Movement  2.2 The Prospects for a ‘Regional’ Approach to Human Mobility: pacer Plus, Free Movement and Labour Mobility  3 Learning from the Domestic Approaches to Protection  3.1 The Notion of Planned Relocation and the Pacific Island States  3.2 Planned Relocation Policy of Vanuatu  3.3 Planned Relocation Policy of Fiji  4 Conclusion 4 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Community Interest  1 The Theory of Community Interests in International Law  1.1 Revival and Content  1.2 Legal Effects: Obligations Erga Omnes as a Reflection of Community Interests  2 Application of a Community Interest Approach: Towards an Obligation Erga Omnes to Protect Persons Mobile in the Context of Disasters and Climate Change  2.1 Identification  2.2 Pathways to Using the Existing Procedural Aspects of International Law  2.3 Pathways to Using the Follow-Up and Review Mechanisms of the Global Compact for Migration and the Global Compact on Refugees  3 Conclusion 5 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Common Concern of Humankind  1 The Theory of the Common Concern of Humankind in International Law  1.1 Emergence and Expressions  1.2 Legal Effects: Treaty Regimes as a Reflection of Common Concerns  2 The Application of a Common Concern Approach: Towards a New Treaty Regime  2.1 A Novel Duty to Cooperate  2.2 A Novel Duty to Act  3 Conclusion Conclusion Summary and Outlook  1 International Protection and Human Mobility in the Context of Disasters and Climate Change  2 Lessons Learnt about Community Interests and Common Concerns  3 Outlook Bibliography Index

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Book SynopsisWhat is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.Table of ContentsForeword Introduction  Claude Gélinas, Sébastien Lebel-Grenier and Raphaël Mathieu Legault-Laberge The Pachamama, the Trojan Horse of an Indigenous Ontological Diplomacy at the Convention of Biological Diversity?  Ingrid Hall Spiritual, Religious or Cultural? Religion and Sámi Human Rights in the Nordic Countries  Helge Årsheim Indigenous Religious Rights in India  Virginius Xaxa Australia Has Failed to Protect the Religious Rights of Its Indigenous People  Ernst Willheim Kanak Custom and Ancestral Culture in Colonial Context  François Féral The Ainu Struggle for Sovereignty and Religious Freedom  Takeshi Kimura Indigenous Religious Rights in the United States  Allison M. Dussias The Colonial Overtones of Indigenous Religious Rights in Canada  Claude Gelinas The Fundamental Right to Freedom of Religion for Indigenous Peoples in Chile: Intersections with Territorial Rights and Cultural Integrity  Leslie Cloud Exploring the Historical Impact of Colonialism on Indigenous Religious Rights in Nigeria  Abiodun Akeem Oladiti Recognition and Denial of Indigenous Religious Rights in East and Central Africa  Guy Bucumi Indigenous Religious Rights in Taiwan: The Invisibility of Animism in Modern State Law  Scott Simon Integration or Separation? Religious Freedom in Post-Authoritarian Indonesia:The Case of the Indigenous Kaharingan Religion in Central Kalimantan  Mirza Satria Buana From Marginalisation to Self-determination: The Long Walk of First Nations’ Religious Rights in Bolivia  Raphaël Mathieu Legault-Laberge Index

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Book SynopsisThis edited collection examines the ethical, legal, social and policy implications of genome editing technologies. Moreover, it offers a broad spectrum of timely legal analysis related to bringing genome editing to the market and making it available to patients, including addressing genome editing technology regulation through procedures for regulatory approval, patent law and competition law. In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.

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Book SynopsisThe book offers analsys of numerous dimensions regarding the essential role of judicial independence in democracy, as well as analsys of basic constitutional principles and contemporary issues on judicial independence and judicial procces in many jurisdictions. It offers analsys of international standarts of judicial independence and judicial ethics.Table of ContentsPreface Acknowledgements Notes on Contributors Table of Cases Table of Legislation 1 General Introduction   Shimon Shetreet Part 1 Democracy, Rule of Law and Judicial Independence in Challenging Times 2 The Judiciary in Malta in Historical and Comparative Prespective   Vincent A. De Gaetano 3 Analysis of the Major Contemporary Threats and Challenges to the Independence of Justice   Diego Garcia–Sayan 4 Judicial Independence in the Face of Political Impunity   Tassaduq Hussain Jillani 5 Judicial Independence and Political Impunity A Brief Rejoinder from India   Arghya Sengupta 6 The Contribution of the Jurisprudence of the Supreme Court to the Protection of Social Rights   Justice Yosef Elron 7 Theory of Separation of Powers and Its Development in England   Shimon Shetreet Part 2 Measuring and Evaluation of the Justice System 8 Measuring Justice and Judicial Independence The Impracticable Imperative   Hiram E. Chodosh and Eric Helland 9 Artificial Intelligence and the Judiciary   Lord John Thomas 10 Evaluation and Measurement of Courts   Yigal Mersel 11 Scientific Evidence in Courts of Law An Overview   Jay Levinson, Eti Buchnik, Barak Ariel and Abraham J. Domb Part 3 Contemporary Challenges of Judicial Independence 12 Contemporary Challenges to Israeli Judiciary Proposed Judicial Reform   Shimon Shetreet 13 Public Opinion and Public Trust in the Israeli Judiciary   Nir Atmor and Menachem Hofnung 14 The Struggle for the Independence of the Judiciary in the Palestinian Authority   Haim Sandberg 15 The Legitimacy of Judge’s Consultation with Colleagues and External Experts   David Cheshin 16 Challenging the Traditional System of Appointment of Judges to the Federal Supreme Court in Switzerland   Gian Andrea Danuser Part 4 eli – Mount Scopus Project on Standards of Judicial Independence 17 The Significance of Developing International and European Standards of Judicial Independence The eli Mt Scopus Project   Shimon Shetreet 18 European Standards of Judicial Independence – Lessons from the Court of Justice of the European Union   Sophie Turenne 19 Judicial Self-governing Bodies Instruments of Independence or Path to Ossification?   Giuseppe Franco Ferrari 20 Challenges to Judicial Structural Independence in Slovenia   Marko Novak 21 The Challenge of Balancing Between Universality and Particularity in Shaping International Standards of Judicial Independence   Shimon Shetreet Part 5 Contemporary Issues on the Role of the Judiciary Constitutional Position of the Judiciary 22 The Struggle for Judicial Independence The Supreme Court as a Constitutional Beacon in El Salvador   Mónica Castillejos-Aragón 23 Jointly and Severally The Relationship between the President of the Supreme Court and the Minister of Justice of Israel   Shimon Shetreet 24 Court Packing and Judicial Independence An American Perspective   Jonathan L. Entin 25 The Dysfunctions of the Courts and Judicial Role   Maimon Schwarzschild 26 The Role of the Judge in Jewish Law   Shimon Shetreet Part 6 Honouring 40 Years of Pursuit of Judicial Independence of jiwp 27 The Work on Promoting Judicial Independence of the International Association on Judicial Independence and Its President Prof. Shimon Shetreet   Daphna Lewinsohn Zamir 28 Contribution of Shimon Shetreet to Public and Constitutional Law   Yoav Dotan 29 Our Pursuit of Judicial Independence Tribute to Shimon Shetreet on the 40th/75th Dual Anniversary   Hiram Chodosh 30 Defending the Independence of Judges and Lawyers in Challenging Times   Diego Garcia–Sayan 31 Promoting Judicial Independence at the National and International Level   Eliezer Rivlin 32 The Role of the Bar in Defending the Rule of Law in Israel   Avi Himi and Israeli Bar 33 A Note on Judicial Review of Government Decisions An Ancient Jewish Perspective   Asher Axelrod 34 Personal Reflections on Judicial Independence Historical Lessons and Contemporary Challenges   Shimon Shetreet Part 7 Appendices Appendix 1 Mount Scopus International Standards of Judicial Independence Appendix 2 Bologna Milano Global Code of Judicial Ethics 2015 Appendix 3 The New Delhi Code of Minimum Standards of Judicial Independence (Adopted by the iba New Delhi Convention 1982) Appendix 4 Montreal Universal Declaration on the Independence of Justice Appendix 5 UN Basic Principles on the Independence of Judges and Lawyers Appendix 6 United Kingdom Supreme Court Guide to Judicial Conduct (2019) Appendix 7 Code of Conduct for the Justices of the Federal Constitutional Court of Germany Index

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Book SynopsisWhat does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data.Table of ContentsAcknowledgments List of Figures 1 Introduction  1.1 Background and Problem Statement  1.2 Key Aims and Research Questions of the Book  1.3 Research Methodology  1.3.1 Country and Case Selection  1.3.2 Research Methods  1.3.3 Structure of the Book 2 Defining Compliance  2.1 Defining and Measuring Compliance  2.2 Compliance Theories  2.2.1 Causality between Human Rights Judgments and States’ Behavior  2.3 Modalities of Implementation in the Council of Europe System  2.3.1 Scope and Procedure of cm Supervision  2.3.2 Involvement of other Actors in the cm Supervision Process 3 Azerbaijan The New Achilles Heel of the Council of Europe?  3.1 Azerbaijan and CoE  3.1.1 Azerbaijan’s Accession to the CoE  3.2 Azerbaijan’s Compliance with ECtHR Judgments  3.2.1 Azerbaijan and the Court  3.2.2 Domestic Implementation System: One Man’s Land  3.2.2.1 Dual Role of the Agent’s Office  3.2.2.2 Allocation of Resources  3.2.2.3 Absence of Formal Procedures for Coordination and Involvement in the Process  3.2.2.4 Absence of Information and Public Scrutiny  3.2.3 Systematic Failure of ‘Good Faith’ Engagement with the cm  3.2.3.1 Triggers for Government’s Engagement with the cm Supervision Process  3.2.3.2 What Systemic Change on the Ground?  3.2.4 Explaining Azerbaijan’s Absence of Good Faith  3.2.5 Adequacy of the Response of the cm and the CoE to Azerbaijan’s Acting in Bad Faith  3.2.6 Why Does Azerbaijan Remain in the CoE?  3.3 Conclusion 4 Armenia’s Compliance with Judgments of the European Court of Human Rights A Litmus Test for the Council of Europe?  4.1 Armenia and CoE: Historical and Contextual Setting  4.1.1 Armenia and the ECtHR  4.2 Armenia’s Compliance with ECtHR Judgments  4.2.1 Domestic Implementation System  4.2.2 Armenia’s Compliance with ECtHR Judgments: Good Practices and Challenges  4.2.2.1 Factors Defining Compliance with ECtHR Judgments  4.3 Strasbourg’s Contributions to Compliance with ECtHR Judgments in Armenia  4.3.1 cm’s Engagement with the Supervision of Armenian Cases  4.3.2 Contributions of other CoE Bodies and Domestic Actors to Compliance  4.4 Conclusion 5 Georgia as Council of Europe’s Success Story in the South Caucasus  5.1 Georgia’s Accession and Its Membership in the Council of Europe  5.1.1 Georgia and the ECtHR  5.2 National System for the Implementation of ECtHR Judgments in Georgia  5.2.1 Absence of Strong Culture of Accountability, and Politicization of the Process  5.2.2 Insufficient Access to Information on the Implementation Process  5.3 Georgia’s Compliance with ECtHR Judgments  5.3.1 Georgia’s Engagement with the cm Supervision Process  5.3.2 Domestic Factors Shaping Georgia’s Engagement with Strasbourg Processes  5.3.2.1 Political Willingness as an Underlying Factor for Compliance  5.3.2.2 Intrusion of ‘Traditional’ Values and Pervasive Discrimination as a Complex Political and Societal Issue  5.3.2.3 ‘External’ Support to Compliance with ECtHR Judgments  5.4 Conclusion 6 Challenging the Unconditional Obligation Partial Compliance with ECtHR Judgments in the South Caucasus States  6.1 What Is Partial Compliance?  6.2 Forms of Partial Compliance  6.2.1 Minimalistic Compliance  6.2.2 Dilatory Compliance  6.2.3 Contested Compliance  6.3 Identifying Partial Compliance in the South Caucasus States: Methodological Considerations  6.3.1 Prescriptiveness of Judgments  6.3.2 Length of Time  6.3.3 Engagement with the cm Process  6.3.4 Diversification of Sources of Information  6.4 Explaining Partial Compliance in the South Caucasus States  6.4.1 Complexity of Human Rights Issues  6.4.2 Domestic Political Climate: International Reputation versus Domestic Interests  6.4.3 Effectiveness of Domestic Infrastructure for Compliance with ECtHR Judgments  6.5 Conclusions 7 Beyond Compliance Identifying Impact of European Court Judgments in the South Caucasus States  7.1 Concept of Impact of ECtHR Judgments in the South Caucasus States  7.2 Typologies of Impact  7.2.1 Material Impact on Individual Victims  7.2.2 Moral Impact on Individual Victims  7.2.3 Documentation and Exposure of States’ Human Rights Abuses  7.2.4 Wider Legal and Policy Impact of ECtHR Judgments  7.2.5 Mobilization of Civil Society Groups and National Human Rights Institutions  7.3 Conclusion 8 Conclusions Appendix Bibliography Index

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Book SynopsisWe are standing on the threshold of the robotic era, the fourth industrial revolution. The undeniable impact and consequences of robotics are already raising economic concerns, such as the loss of income tax revenue as robots gradually replace human workers, as well as legal doubts regarding the possible taxation of robots or their owners. Financial law must adapt to this new reality by answering several crucial questions. Should robots pay taxes? Can they? Do they have the ability to pay? Can they be considered entrepreneurs for VAT purposes? These are just some of the many issues that Dr. Álvaro Falcón Pulido lucidly and insightfully addresses in this fascinating new monographic work, which includes an exhaustive bibliography on the subject.Table of ContentsForeword Part 1 Robots and their Impact 1 Concept and Types  A Legal Concept of a Robot 1 What Is a Robot? a Appearance of the “Robot” Concept b Historical Evolution i Industry Definition of “Robot” ii Published Academic Definition of “Robot” 2 The Need for a Legal Definition of Robot a Absence of a Legal Definition of Robot b Possibility of a Legal-Tax Definition of Robot c Proposed Legal-Tax Definition of Robot  B Existing Robot Types 1 Criteria for Possible Robot Classification 2 Robotic Archetypes by Characteristics a Drones b Autonomous Vehicles c Softbots and Artificial Intelligence d Humanoid Robots: Androids and Cyborgs 3 Robotic Archetypes by Use a Industrial Machinery b Healthcare Robots i Prosthetic and Rehabilitation Robots ii Service and Care Robots iii Surgical Robots c Space and Military Robots  C Conclusions 2 The Need for Public Intervention to Face the Challenges Posed by Robotics  A The Impact of Robotics 1 Repercussions of Robotics for the Labor Market a Percentage of Automation b Speed and Intensity of Automation c The Offshoring and Reshoring Phenomenon 2 Repercussions of Robotics for the Economy a Economic Inequality  B On the Need to Regulate Robots 1 The Legal Framework of Robots a Adapting the Legal System to New and Emerging Realities b The Need for Legal Certainty 2 Objectives of Robot Taxation a Non-fiscal Purposes b Revenue Needs i Universal Basic Income ii Helping Companies and Workers Adapt to the New Labor Market  C General Principles of the Legal Regulation of Robots 1 Principles of Robot Law 2 Principles Inherent to Tax Law Part 2 Personhood 3 Personhood of Robots  A What Is Personhood? 1 Concept of Personhood 2 Historical Evolution a Legal Personality in Rome i Persons ii Foundations and Associations iii Slaves b Legal Personality of Companies c Animals: From Chattels to Sentient Beings d Robotic or Electronic Personhood i Comparison of Persons and Robots ii Traditional Legal Personhood versus a New Brand of Personhood: the Possibility of Using Existing Types of Legal Entities, such as Companies or Foundations iii Robotic Personhood as an Evolution of Legal Personhood: the Possibility of Attributing General Legal Capacity to Robots, thereby Creating a New Type of Legal Person iv Robots’ Capacity to Act and “Capacity of Representation”  B Do Robots Really Need Personhood? 1 The Need to Give Robots Personhood 2 Robots as Taxpayers a Robots as Entities with Personhood i Legal Capacity ii Capacity to Act b Robots as de facto Entities i Special Tax Capacity: a Tax Levied on Robots or on Robot Owners? Critique of the Theory of Special Tax Capacity ii Owners, Users, and Manufacturers as Taxpayers iii Financial Capacity and Ability to Pay  C Conclusions Part 3 Taxation and Robotics 4 Current Tax Treatment of Robots  A Comparison of the Tax Situations of Robots and Workers 1 Current Accounting Situation of Robots 2 Corporate Expenses a Robot Depreciation b Salaries and Social Security Contributions  B Subject of Subsidies, Deductions, and Tax Incentives for Research, Development, and Innovation (r&d + i) 1 Types a Direct and Indirect Financing b Direct and Indirect Tax Incentives c Input and Output Incentives 2 Tax Incentives in Spain’s Corporate Income Tax Law (lis) a  Reduction of Taxable Income Derived from Certain Intangible Assets b Deduction for Research and Development and Technological Innovation Activities c Free Depreciation under lis Article 12.3 3 Tax Incentives for Research, Development, and Innovation (r&d + i) in Comparative Law a France b Austria c Netherlands d Portugal e United Kingdom f Italy g Chile 4 Coexistence of Tax Incentives and the Robot Tax 5 Tax Incentives for Research, Development, and Innovation in Robotics as a Solution 5 The Question of Taxing Power in Spanish Law  A The Division of Taxing Powers Set out in the Spanish Constitution  B The Need to Avoid the Proliferation of Regional Taxes in Robotics  C Possible Solutions 1 Creating a Federal Tax 2 Amending the Regional Financing Law (lofca) 3 The Alternative of a Ceded Federal Tax 4 The Alternative of an Ordinary Harmonization Law  D Conclusions 6 Robot Tax  A The New Robot Tax 1 Different Types of Taxes a Direct and Indirect Taxes b Subjective and Objective Taxes c Personal and Real Taxes 2 Structure of the Robot Tax a Subjective Element b Objective Element 3 The Concept of Theoretical Imputed Income  B International Perspective 1 Impact on dtt s 2 Robots as Permanent Establishments a Application of the Traditional Concept of Permanent Establishment b The New Concept of Digital Permanent Establishment  C Other Ways of Taxing Robots: Taxes and Fees 1 Creating New Taxes 2 Adjusting Existing Taxes a Personal, Corporate, and Non-Resident Income Tax b vat c Others i Special Tax on Certain Modes of Transportation ii Special Electricity Tax iii Public Radio-Electric Spectrum Reservation Rate  D Social Security Contributions 1 Concept and Nature of Contributions 2 Adapting the Concept of Contributions to a Potential Social Security Tax on Robots  E Other Solutions 1 Tobin Tax or Financial Transaction Tax 2 Google Tax or Digital Services Tax 3 Related Solutions that Affect Robots a cctb and ccctb  F Conclusions  Conclusions Bibliography Index

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Book SynopsisIf war is a timeless reality of mankind, the ways and means whereby it is conducted have nonetheless evolved over time due to new technologies and innovative military strategies. For the most part, however, they have not challenged the ethical rules of warfare. The rapid rise in the use of automated weapons, the growing popularity of remotely controlled weapons, the development in soldiers’ enhancement technologies, of hybrid warfare and the impact of gender equality are all posing tremendous moral challenges affecting the traditional warrior ethos, the justification of killing and criminal responsibility. This begs the question: to what degree are the ways and means of modern warfare keeping pace with the current technological evolutions and societal values? Based upon a selection of presentations made at the 2022 annual conference of the International Society for Military Ethics in Europe (Euroisme), this book contains a variety of reflections on this question.

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Book SynopsisIt is statistically unlikely that humans are the only intelligent species in the universe. Nothing about the others will be known until contact is made beyond a radio signal from space that merely tells us they existed when it was sent. That contact may occur tomorrow, in a hundred years, or never. If it does it will be a high-risk scenario for humanity. It may be peaceful or hostile. Relying on alien altruism and benign intentions is wishful thinking. We need to begin identifying as a planetary species, and develop a global consensus on how to respond in either scenario.Table of ContentsForeword Preface List of Figures Abbreviations 1 Introduction  1 An Initial Caveat: the ufo/uap Debate – the Elephant in the Room  2 Structure of the Book 2 The Scientific seti Environment  1 Introduction 1.1 The Drake Equation and the Fermi Paradox 1.1.1 Drake Equation 1.1.2 Fermi Paradox  2 Anthropocentrism and Morphism  3 seti Approaches and the Nature of Contact  4 Astrobiology 3 Social Science Aspects of seti  1 Gauging the Risk and Impact of First Contact on Global Society 1.1 The Rio and San Marino Scales 1.2 iaaseti Declarations of Principles 1.3 Excursion: iaaseti and Its Attitude to Research Into uap 1.4 The disc Quotient – Linking Impact and Linguistics  2 Exolinguistics  3 Exosociology, Exophilosophy and Exotheology  4 The Metalaw Debate – Premature Speculation and Proper Use of Legal Considerations  5 Conclusion 4 Science Fiction and (First) Contact Scenarios  1 Science Fiction Literature  2 Types of First Contact 2.1 The Hercules Text 2.2 The Rama Cycle – Rama i and ii 2.3 The Tripods Tetralogy and the Forge of God 2.3.1  The Tripods 2.3.2  The Forge of God 2.4 The Mote in God’s Eye 2.5 The Three-Body Problem as an Example of the Risk Inherent in meti  3 Interspecies Comprehension and Communication 3.1 Rama iii and iv 3.2 Semiosis 3.3 Children of Time and Children of Ruin  4 Interspecies Armed Conflict 4.1 Ender’s Game 4.2 The Forever War, Starship Troopers, Old Man’s War Trilogy, and Anvil of Stars  5 Conclusion 5 Hostile Contact and Current International and Domestic Law  1 Introduction  2 Liability of Humans 2.1 International Criminal Law 2.1.1  Overview of Core Crimes 2.1.2  Individual Problems 2.2 Domestic Law  3 Liability of ETI 3.1 Jurisdiction 3.2 Nullum Crimen Principle  4 Conclusion 6 Preparing for Hostile Contact  1 Introduction  2 Weapons Technology  3 Strategy and Tactics 3.1 Weapons Development and Deep Space Strategy 3.2 The Strategic Parameters of Deep Space Warfare 3.2.1  Distances, Speeds, and Celestial Mechanics 3.2.2  Psychological Aspects  4 Conclusion: an End to the Idea of a Peaceful Use of Outer Space? 7 Legal Prolegomena of Peaceful Relationships with eti  1 Introduction  2 Joining the “Galactic Club” – a Future Theory of Humans’ Rights Protection in Interstellar Civilisation Networks? 2.1 Overview of Possible Factors Affecting Human Rights Guarantees 2.1.1  Network Regulation Density 2.1.2  Rights Hierarchies and Enforcement Mechanisms 2.2 Individual Rights 2.2.1  Preamble 2.2.2  Recognition as a Person before the Law 2.2.2  Self-determination, Political Activity 2.2.4  Equality and Minority Rights 2.2.5  Right to Life, Ban on Cruel and Degrading Treatment, Torture and Slavery 2.2.6  Due Process Rights, Right to Liberty 2.2.7  Freedom of Movement 2.2.8 Privacy, Freedom of Religion and Expression, Assembly and Association 2.2.9   Family and Personal Status; Child Rights 2.2.10  Restrictions on Exercise of Rights  3 Conclusion 8 Conclusion and Outlook Epilogue by Dr. Andreas Anton Annexes Bibliography Index

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Book SynopsisHuman enhancement is a rapidly advancing field and the speed of advance of technology, from being available to being used, results in a delay to the ethics surrounding it. This is true of pharmacological enhancement (PCE) as much as exoskeletons and human-machine interfacing. Ethical issues arising from human enhancement include autonomy, safety and dignity. The first two are the cornerstones of the ethics surrounding informed consent (IC) which emanated from the necessity to protect human subjects against the risks of research. What remains unclear is how those risks are quantified, who decides whether the risk is an acceptable one and whether IC is required. This volume explores all these legal and ethical issues, including the theory and history of IC and the role of military doctors.Table of ContentsPharmacological Enhancements in the Military: Legal and Ethical Aspects Introduction 1 Pharmacological Enhancements  What Are Human and Pharmacological Enhancements?  Why Are pce s Relevant Now?  Why Would Individuals and the Military Want pce s?  What Are the Military Concerns Surrounding pce Use? 2 Informed Consent  Theory of Informed Consent  Military Issues with Informed Consent  Importance of ic for Military Research 3 Future of Informed Consent  How Informed and How Consensual Is Informed Consent?  Delivering Effective Military Informed Consent Conclusion Bibliography Wie sollte die informierte Zustimmung im Militär in Bezug auf pharmakologisches Enhancement aussehen?  Einführung 1 Pharmakologische Leistungs-steigerungsmittel  Was sind Human Enhancement und pharmakologische Leistungs-steigerungsmittel?  Warum sind pce s jetzt relevant?  Warum wünschen Einzelne und das Militär die Benutzung von pce s?  Welche militärischen Bedenken begleiten den Gebrauch von pce s? 2 die Einwilligungserklärung  Die Theorie der Einwilligungserklärung  Militärische Aspekte der Einwilligungserklärung  Die Bedeutung von ic für die militärische Forschung 3 Die Zukunft der Einwilligungs-erklärung  Wie informiert und wie konsensuell ist eine Einwilligungserklärung?  Die Übermittlung einer wirksamen militärischen Einwilligungserklärung Schlussfolgerung Bibliographie Quel consentement éclairé dans les Armées pour l’augmentation des capacités par voie pharmacologique ? Introduction 1 Les augmentations pharmacologiques  Que sont les augmentations humaines et pharmacologiques ?  Pourquoi les pce ont-elles une raison d’être actuellement ?  Pourquoi les individus et les militaires prendraient-ils des substances pharmacologiques d’augmentation des capacités (pce) ?  Quelles sont les préoccupations des militaires concernant l’usage des pce (augmentation des capacités par voie pharmacologique) ? 2 Le consentement éclairé  Théorie du consentement éclairé (« informed consent, ic »)  Les problèmes posés par le consentement éclairé dans le contexte militaire  L’importance du consentement éclairé (ic) pour la recherche militaire 3 L’avenir du consentement éclairé  Dans quelle mesure le consentement éclairé est-il « éclairé » et « consensuel » ?  Un consentement éclairé effectif dans le contexte militaire  Conclusion Bibliographie

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Book Synopsis

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Book SynopsisThe trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.Table of ContentsList of Figures and Tables Notes on Contributors 1 Quantification of Performance as a Regulatory Technique: An Introduction   Mauro Bussani, Sabino Cassese and Marta Infantino Part 1 Justice and Education 2 Revisiting ‘Justice in Numbers’ in Brazil: Quantified Justice, Managerial Judges, and Numeroids as a Regulatory Technique   Pedro Rubim Borges Fortes 3 Performance-Based Evaluation in Mexico’s Federal Administrative Justice Tribunal and the Federal Judiciary Power: A Comparison   Luis José Béjar, Juan Antonio Casanovas and Carlos A. Villanueva 4 Judicial Performance Index in India: Charting a New Course   Manjeri Subin Sunder Raj and Chiradeep Basak 5 Performance Assessment in Courts – the Swiss Case   Andreas Lienhard 6 Admission Algorithms for Affirmative Action in Higher Education: The South African Experience   Viyaleta Farysheuskaya and Patrizio Piraino 7 Quantification and Parameterization of Legal Research: The Case of Poland   Andrzej Jakubowski Part 2 National Policy Making 8 Algorithmic Decision-Making and Public Sector Accountability in Africa - New Challenges for Law and Policy   Raenette Gottardo 9 Governance and Quantification of Performance in China   Ivan Cardillo 10 Use and Abuse of Quantitative Methodology for Policy Making in Japan   Tatsuhiko Inatani and Masahiko Kinoshita 11 Measuring Human Rights Performance in the UK: Liberalism, Communitarianism, and the Equality and Human Rights Commission’s ‘Drunkard’s Search’   David McGrogan Part 3 Transnational and International Market-Related Activities 12 Profiling in Algorithm-Based Decisions: An African Perspective   Salvatore Mancuso and Livio Corselli 13 Trust in an ‘Omnimetric Society’? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies   Teresa Rodríguez de las Heras Ballell 14 Performance Measurements in Compliance with Corporate Social Responsibility Obligations   Lukas Heckendorn Urscheler 15 The Role of International Organizations in the Production of Legal Metrics   Kevin E. Davis 16 Quantification of Performance as a Regulatory Technique: A Comparative Appraisal   Mauro Bussani, Sabino Cassese and Marta Infantino Detailed Table of Contents Index

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Book Synopsis"Table talks" have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, leading law and religion scholar John Witte offers thirty sage reflections on how to thrive in law school and in the legal profession; short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth doing, history worth reading, and Scripture worth heeding. They aim to provide inspiration and edification for readers at different stages of their lives.Table of ContentsContents Preface and Acknowledgements Abstract Keywords  Introduction  1 Talks to Law Students  2 Talks on Public Issues  3 Talks from Pulpits  4 Words of Remembrance

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Book SynopsisFaced with the migration crisis which has turned the sea into a graveyard for sea migrants, this book addresses the issue by examining the international legal framework which enjoins States and other actors at sea to come to the rescue of migrants in distress at sea. The book seeks to provide a legal argument which obliges the international community to protect even illegal migrants who willingly and intentionally endanger their lives at sea, while ensuring that these rights and obligations are not abused. Multifarious branches of International Law defend this position.Table of ContentsContents Abbreviations Abstract Keywords  Introduction  Section 1: The Obligation to Assist Those in Distress at Sea Enshrined in International Law  Part 1: The Obligation to Assist under International Maritime Law and the International Law of the Sea  Part 2: The Safe-Guarding of the Obligation of Assistance Even with the Smuggling of Migrants at Sea  Section 2: International Law Recognizes the Right to Shelter for All Migrants by Sea  Part 3: The Right of Refuge for Any Shipwrecked Person  Part 4: The Cardinal Principle of Non-refoulement and the Legality of Interceptions  Part 5: The Legality of Interceptions  Part 6: Application of Non-refoulement in Asylum Seeking  Part 7: Refugees at Sea – What Rights and Where?  Conclusion  Bibliography

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