Public international law: human rights Books
Brill General Principles of Law
Book Synopsis
£107.10
Brill World Trade, Child Labour and Transnational
Book SynopsisThe Open Access publication of this book has been made possible by the Swiss National Science Foundation. Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.Table of ContentsForeword Preface Acknowledgements List of Abbreviations Introduction 1 Globalization, Child Labour and the International Legal Order 2 Contents 1 The Problem of Child Labour and Trade 1 Introduction 2 The International Dimension of Child Labour 2.1 Child Labour as a Global Problem 2.2 The Protection from Exploitative Child Labour as Ius Cogens 3 The Need for Global Solutions Including Trade Measures 2 The Status Quo of Trade Measures on Child Labour in WTO Law 1 Introduction 1.1 Unilateral Trade Measures 1.2 Defining PPM s and Rules of Interpretation 2 The Rationale of the WTO and the GATT 1994 3 Trade Measures Concerning Child Labour under the Most-Favoured-Nation Clause of GATT Article I 3.1 Most-Favoured-Nation Obligations 3.2 The Relationship with the TBT Agreement 3.3 The Scope of GATT Article I:1 3.4 Like Products 3.5 Any Advantage 3.6 Immediately and Unconditionally 3.7 Exceptions under the Enabling Clause 3.8 Conclusion 4 Compatibility of Trade Measures on Child Labour with GATT Art. II 5 Trade Measures Concerning Child Labour under GATT Art. III 5.1 Overview over the Structure and Scope of GATT Art. III 5.2 The Coverage of GATT Art. III in Relation to PPM-Measures 5.3 Like Products 5.4 Equality of Treatment 5.5 Contextual Approach 5.6 Ius Cogens 5.7 Conclusion 6 Application of the Results found under GATT Art. III to GATT Art. I 6.1 Introduction 6.2 Like Products 6.3 Regulatory Purposes and Ius Cogens 6.4 ‘Asymmetric Impact’ 6.5 ‘Supply Substitutability’ and ‘Inherence’ Test 6.6 Conclusion 7 Application of the Results found under GATT Art. III to GATT Art. II 8 Compatibility of Trade Measures on Child Labour with Quantitative Restrictions of GATT Art. XI and XIII 8.1 Trade Measures on Child Labour as Quantitative Restrictions 8.2 The Ius Cogens Nature of the Prohibition of Child Labour 9 Trade Measures on Child Labour under the GATT Art. XIX 10 Trade Measures Concerning Child Labour under GATT Art. XX 10.1 Overview over the Scope and Structure of GATT Art. XX 10.2 The Public Morals Exception 10.3 Human Life and Health 10.4 Prison Labour 10.5 The Chapeau of GATT Art. XX 10.6 Burden of Proof 10.7 Conclusion 11 Trade Measures Concerning Child Labour under GATT Art. XXI 11.1 Introduction 11.2 GATT Art. XXI (b) (iii) 11.3 GATT Art. XXI (c) 11.4 Conclusion 12 Compatibility of Trade Measures on Child Labour with the Agreement on Technical Barriers to Trade 12.1 Introduction 12.2 Scope of Application 12.3 Substantive Provisions of the TBT Agreement 12.4 Conclusion 13 Compatibility of Trade Measures on Child Labour with the Agreement on Government Procurement 13.1 Introduction 13.2 Art. IV – General Principles 13.3 Art. VIII – Conditions for Participation 13.4 Art. X – Technical Specifications and Tender Documentation 13.5 Art. XV – Treatment of Tenders and Awarding of Contracts 13.6 Art. III – General Exceptions 13.7 Conclusion 14 Non-WTO Norms as a Defence for Trade Measures on Child Labour 14.1 Introduction 14.2 The Jurisdiction of WTO Panels 14.3 The Applicable Law 14.4 Conclusion 15 Conclusion of Chapter 2 3 A Constitutionalist Approach to International Law 1 Introduction 2 Different Approaches to International Law 2.1 Legal Interpretation 2.2 New Haven School 2.3 Feminist Approaches to International Law 2.4 Global Legal Pluralism and Conflicts-Law Approach 2.5 Global Administrative Law 2.6 International Public Authority 2.7 Constitutional Approaches 3 A New Legal Humanism 3.1 Limits of Hart’s Positivism and Kelsen’s ‘Pure Law Theory’ 3.2 Towards More Natural Law 3.3 The Quest for Global Values 3.4 Core Elements of a New Legal Humanism 4 Implications of a New Legal Humanism for Trade and Child Labour 1 Introduction 2 Towards More Substantive Coherence of Trade and Human Rights Law 3 Direct Effect of WTO-Law and Human Rights 3.1 The Traditional Doctrine of Direct Effect 4 Institutional Coherence: A New ILO-WTO Joint Implementation Mechanism on Child Labour 4.1 Introduction 4.2 Trade-and Country-Related Child Labour 4.3 Institutional Framework 4.4 Cooperative Activities 4.5 Dispute Settlement 4.6 Human Rights Obligations for Companies? 5 Conclusion 5 Concluding Summary 1 Summary of Results 1.1 Chapter 1 1.2 Chapter 2 1.3 Chapter 3 1.4 Chapter 4 2 Epilogue Bibliography Table of WTO Reports Table of GATT 1947 Reports Index
£115.20
Brill Expansionism in International Human Rights Law
Book SynopsisThis book explores a specific discursivity at work in international human rights law. It examines the ways in which the discourse on international human rights law constantly expands its domain while preserving its distinctiveness from general international law. It particularly exposes the oscillations between generalist and exceptionalist claims made in international human rights law for the sake of expanding its scope. Reviewing several contemporary controversies on international human rights law, it sheds lights on the possible drivers behind such expansionist discursivity.Table of ContentsExpansionism in International Human Rights Law Işıl Aral and Jean d’Aspremont Abstract Keywords Introduction 1 The Expansionist Discursivity of International Human Rights Law 2 International Human Rights Law as an Expansionist Discourse 3 Oscillation between Generalism and Exceptionalism 4 The Wide Range of Expansionist Uses of the Sources of International Human Rights Law 5 Possible Drivers of Expansionism in International Human Rights Law Bibliography
£63.84
Brill Marxian Totality
£107.10
Brill The Protection of Civilians in Peacekeeping
Book Synopsis
£156.15
Kluwer Law International The Moral Status of Children: Essays on the Rights of the Child
£155.04
Kluwer Law International Reflections on the Universal Declaration of Human Rights: A Fiftieth Anniversary Anthology
£89.68
Kluwer Law International The International Law on the Rights of the Child
£129.96
Kluwer Law International The Human Rights of Aliens under International and Comparative Law
£173.28
Kluwer Law International Quiet Diplomacy in Action: The OSCE High Commissioner on National Minorities
£75.24
Oxford University Press The Oxford Handbook of the International Law of
Book SynopsisOn a global scale, the central tool for responding to complex security challenges is public international law. This handbook provides a comprehensive and systematic overview of the relationship between international law and global security.Table of ContentsRobin Geiß and Nils Melzer: Introduction Part I. International Law and Global Security 1: Nigel White and Auden Davies-Bright: The Concept of Security in International Law 2: Hitoshi Nasu: The Global Security Agenda: Securitization of Everything? 3: Ursula Schroeder: The Transformation of Security Concepts: Beyond the State 4: Tilmann Altwicker: Transnationalization of Security 5: Gina Heathcote: Gendered Security 6: Peter Hough: Accidently Insecure 7: Nayef Al-Rodhan and Ioana-Maria Puscas: Global Security and Neurophilosophy: Understanding the Human Factor Part II. Predominant Security Challenges and International Law National and Transnational Security 8: Cecily Rose: Corruption and Global Security 9: Christian Henderson: Internal Strife and Insurgency 10: Rob McLaughlin: International Law and State Failure 11: Helen Duffy and Larissa van den Herik: Terrorism and the Security Council 12: Pierre Hauck and Sven Peterke: Transnational Organized Crime International Security 13: Claus Kreß: Aggression 14: Jakob Kellenberger: Armed Conflicts, International Law and Global Security 15: Christopher J Borgen: Contested Territory 16: Douglas Guilfoyle: Maritime Security 17: Mirko Sossai: International Disarmament and Arms Control: In the Middle of a Paradigm Shift? 18: Masahiko Asada: Nuclear Non-Proliferation and Disarmament under International Law Human Security 19: Adama Dieng: Atrocity Crimes and Large-Scale Human Rights Violations 20: Cordula Droege and Helen Durham: Civilian Protection in Armed Conflict 21: Vladislava Stoyanova: Human Trafficking and Slavery 22: Natasa Mavronicola: Institutionalized Inhumanity: From Torture to Assassination 23: Ben Saul: Migration, Displacement, Security and International Law 24: Markos Karavias: States and Non-State Actors and Human Security Economic and Resource Security 25: Tibisay Morgandi and Jorge E Viñuales: Energy Security in International Law 26: Jasper Finke: Financial Crises 27: Hilal Elver: Food Security 28: Emanuela-Chiara Gillard and Nathalie Weizmann: Humanitarian Relief in Situations of Armed Conflict 29: Pierre Thielbörger: Water Security Environmental Security 30: Joyeeta Gupta and Hilmer Bosch: Climate Change and Security 31: Arnold N Pronto: International Disaster Law 32: J Benton Heath: Pandemics and Other Health Emergencies 33: Gus Waschefort: Wild Fauna and Flora Protection Technological Security 34: Martina Kunz and Seán Ó hÉigeartaigh: Artificial Intelligence and Robotization 35: James Revill and Anna Roessing: Biosecurity 36: Michael N Schmitt: Cybersecurity and International Law 37: Steven Freeland and Elise Gruttner: Outer Space Security Part III. Security Governance Tools 38: Théodore Christakis and Katia Bouslimani: National Security, Surveillance and Human Rights 39: Kimberley Trapp and Priya Urs: Peace Diplomacy and Conflict Prevention 40: Christian Tams: International Courts and Tribunals and Violent Conflict 41: Fausto Pocar: Criminal Prosecution 42: Antonios Tzanakopoulos: We Who Are Not as Others: Sanctions and (Global) Security Governance 43: Benjamin F Kusi: United Nations Peacekeeping: A View from the Ground 44: Simon Chesterman: Responsibility to Protect and Humanitarian Intervention: From Apology to Utopia and Back Again 45: Elizabeth Wilmshurst: The Use of Force Part IV. Power Politics, International Law and Global Security 46: Congyan Cai: China 47: Eleni Methymaki and Asli Ozcelik: Europe 48: Alejandro Rodiles: The Global South and the Law and Governance of Global Security: Towards a Scholarship on the Global Ecology of Insecurities 49: B.S. Chimni: India 50: Bakhtiyar Tuzmukhamedov: The Russian Federation 51: Malcolm Jorgensen: The United States Part V. Global and Regional Security Mechanisms 52: Diane A Desierto: The Association of Southeast Asian Nations and Southeast Asia's Regional Security 53: Jerusha Asin Owino: The African Union: Security Governance under the African Peace and Security Architecture 54: Eva Nanopoulos: The European Union 55: Sabine Gless and Helge Elisabeth Zeitler: The International Criminal Police Organization 56: Christina Binder: Non-Governmental Organizations: Their Relevance and Impact in the International Law of Global Security 57: Steven Hill: The North Atlantic Treaty Organization 58: Thomas Greminger: The Organization for Security and Co-operation in Europe 59: Adam Day and David M Malone: The Role of the United Nations in Shaping Global Security Law
£242.23
Oxford University Press The Handbook of International Humanitarian Law
Book SynopsisThe Handbook of International Humanitarian Law sets out a black letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts. This is the fourth edition of this influential and comprehensive handbook. It has been extensively updated and revised, taking into account recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues. Areas covered by the book include the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed conflict. The continuing need to consider borderline issues of the law of armed conflict as well as the interplay of international humanitarian law, human rights law, and other branches of international law is highlighted. This Handbook provides an in-depth understanding of the development and current problems of the law of armed conflicts. It considers legal and policy issues both from the views of academics and military and diplomatic practitioners. Finally - and most importantly - it offers a complete account of activities that should be taken to improve the implementation and enforcement of international humanitarian law.Table of Contents1: Dieter Fleck: Introduction 2: Mary Ellen O'Connell: Historical Developments and Legal Basis 3: Jann K. Kleffner: Scope of Application of International Humanitarian Law 4: Nobuo Hayashi: General Principles of International Humanitarian Law 5: Knut Ipsen: Combatants and Non-Combatants 6: Marco Longobardo and Dieter Fleck: Means of Combat 7: Stefan Oeter: Methods of Combat 8: Knut Dörmann: Protection of Civilians 9: Knut Dörmann and Sylvain Vité: Occupation 10: Michael Bothe: Protection of the Environment in Relation to Armed Conflicts 11: Knut Dörmann and Tristan Ferraro: Humanitarian Assistance 12: Jann K. Kleffner with Wolff Heintschel von Heinegg: Protection of the Wounded, Sick, and Shipwrecked 13: Sandra Krähenmann: Protection of Prisoners in Armed Conflict 14: Jann K. Kleffner: Human Rights in Armed Conflct 15: Nilendra Kumar: Protection of Religious Personnel 16: Roger O'Keefe: Protection of Cultural Property 17: Wolff Heintschel von Heinegg: The Law of Armed Conflict at Sea 18: Michael Bothe: The Law of Neutrality 19: Dieter Fleck: The Law of Non-International Armed Conflict 20: Ben F. Klappe: The Law of International Peace Operations 21: Silja Vöneky: Implementation and Enforcement of International Humanitarian Law Annex: Distinctive Emblems
£172.12
Taylor & Francis Ltd Public Law and Human Rights Statutes
Book SynopsisFocused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: Exam Friendly: un-annotated and conforming to exam regulations Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have b
£25.99
Taylor & Francis Ltd Indigenous Rights The International Library of
Book SynopsisThroughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.Table of ContentsContents: Introduction; Part I Conceptual, Historical and International Context: 'Indigenous peoples' in international law: a constructivist approach to the Asian controversy, Benedict Kingsbury; 'Just backward children': international law and the conquest of non-European peoples, Paul Keal; Indigenous peoples, international institutions, and the international legal literature from 1945-1993, Chris Tennant. Part II Indigenous Rights, Liberalism and Historical Injustice: Kymlicka, liberalism and respect for cultural minorities, John Tomasi; Land, culture and justice: a framework for group rights and recognition, Jeff Spinner-Halev; Historical obligations, Janna Thompson. Part III Kinds of Indigenous Rights: Reconciling 5 competing conceptual structures of indigenous peoples' claims in international and comparative law, Benedict Kingsbury; Indigenous Political Rights - Self-Determination, Self-Government and Sovereignty: Political autonomy and integration of authority: the understanding of Saami self-determination, Else Grete Broderstad; Aboriginal self-government and the construction of Canadian constitutional identity, Michael Asch; Distributing sovereignty: Indian nations and equality of peoples, Patrick Macklem; Indigenous Treaty Rights: Sacred obligations: intercultural justice and the discourse of treaty rights, Rebecca Tsosie; Waitangi tales, Robert E. Goodwin; Indigenous Land and Natural Resources Rights: The sui generis nature of aboriginal rights: does it make a difference?, John Borrows and Leonard I. Rotman; Indigenous rights and environmental justice, Roy W. Perrett; Indigenous Cultural Property Rights: Looking beyond intellectual property in resolving protection of the intangible cultural heritage of indigenous peoples, Robert K. Paterson and Dennis S. Karjala; Culture, autonomy and Djulibinyamurr: individual and community in the construction of rights to traditional designs, Kimberlee Weatherall. Part IV Beyond Indigenous Rights?: Aboriginal peoples
£332.50
Taylor & Francis Ltd Theoretical and Empirical Studies of Rights The
Book SynopsisThis important volume examines rights from an inter-disciplinary law and society perspective, beginning with the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. As such the volume includes articles and essays by political scientists, historians, lawyers, and sociologists which place the study of ordinary citizens'' understandings of rights, and what actions they take based on that knowledge, at the forefront of an empirical research agenda. This has important implications for law''s capacity to achieve social change and can lead to better understanding of how rights can and should operate in a social and legal system. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opporTable of ContentsContents: Series preface; Introduction; Part I Historical and Philosophical Perspectives on Theories of Rights: Universal Declaration of Human Rights, United Nations; Of property, John Locke; Constitutional democracy: a paradoxical union of contradictory principles?, Jürgen Habermas; The model of rules, Ronald M. Dworkin. Part II Conflicts Of and About Rights: The new property, Charles A. Reich; Rights in conflict, Jeremy Waldron; Interpreting rights: an essay for Robert Cover, Martha Minow; An essay on rights, Marc Tushnet. Part III Rights in Empirical Relief: The emergence and transformation of disputes: naming, blaming, claiming..., William L.F. Felstiner, Richard L. Abel and Austin Sarat; Rights, remembrance, and the reconciliation of difference, David M. Engel and Frank W. Munger; Situating legal consciousness: experiences and attitudes of ordinary citizens about law and street harassment, Laura Beth Nielsen; Rights in Organizations: Internal dispute resolution: the transformation of civil rights in the workplace, Lauren B. Edelman, Howard S. Erlanger and John Lande; Bargaining in the shadow of institutions: competing discourses and social change in workplace mobilization of civil rights, Catherine R. Albiston. Rights in Social Movements: Reform litigation on trial, Michael W. McCann; Hollow hopes and other aspirations: a reply to Feeley and McCann, Gerald N. Rosenberg. Rights in Global Contexts: The ADA on the road: disability rights in Germany, Katharina C. Heyer; Rights, religion and community: approaches to violence against women in the context of globalization, Sally Engle Merry; Name index.
£332.50
Taylor & Francis Ltd Civil Rights and Security The International
Book SynopsisThis collection of previously published work on security and rights focuses on the appropriate relationship between rights and what we can think of as counterterrorism policy. Such a focus might seem both necessary, because of 9/11, and unfortunate, because there are other causes of insecurity besides terrorism. However, the intensity of the 'war on terror' has created an ongoing surge of scholarship on the relationship between security and human rights that either has indirect implications for debates about security where terrorism is not in issue, or has directly led to an attempt to rethink more generally the idea of security and its relationship to rights.Trade Review'...the book makes available many of the key writings in this field, it is to be warmly welcomed.' Commonwealth Lawyer '...this is a most important book. It brings to the table some of the greatest thinkers on the subject of civil rights and security.' The Criminal LawyerTable of ContentsContents: Introduction; Part I The Image of Balance: Security and liberty: the image of balance, Jeremy Waldron; Emergencies, tradeoffs, and deference, Eric A. Posner and Adrian Vermeule. Part II Institutional Models: The Emergency Constitution: This is not a war, Bruce Ackerman; The priority of morality: the emergency constitution's blind spot, David Cole; Weak Constitutionalism: Minimalism at war, Cass R. Sunstein; Strong Constitutionalism: Securing liberty in the face of terror: reflections from criminal justice, Lucia Zedner; Must we trade rights for security? The choice between smart, harsh, or proportionate security strategies in Canada and Britain, Kent Roach; Keeping control of terrorists without losing control of constitutionalism, Clive Walker; Equality in the war on terror, Neal Katyal. Part III Civilizing Security?: World citizens between freedom and security, Klaus Günther; The cultural lives of security and rights, Ian Loader and Neil Walker; Name Index.
£237.50
Taylor & Francis Ltd The Right to a Fair Trial The International
Book SynopsisThe right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a ''fair'' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.Table of ContentsContents: Introduction; Part I The Right to Trial by Jury: The sacred cow of trial by jury, R.J. O'Hanlon; The courage of our convictions, Sherman J. Clark; The right to trial by jury, Thom Brooks. Part II Lay Participation: Lay participation in decision making: a Croatian perspective on mixed tribunals, Sanja Kutnjak Ivkovic; Democratic accountability and lay participation in criminal trials, Tatjana Hörnle. Part III Jury Nullification: The myth of the nullifying jury, Nancy S. Marder; A defence of jury nullification, Thom Brooks. Part IV Trial Reform: The lamp that shows that freedom lives - is it worth the candle?, Penny Darbyshire; The case for jury waiver, Sean Doran and John Jackson; Modes of trial: shifting the balance towards the professional judge, John Jackson. Part V The Civil Trial: Why judges, not juries, should set punitive damages, Paul Mogin; Decisionmaking about general damages: a comparison of jurors, judges, and lawyers, Roselle L. Wissler, Allen J. Hart and Michael J. Saks. Part VI Trials and Terrorism: Terrorism on trial: the President's constitutional authority to order the prosecution of suspected terrorists by military commission, Christopher M. Evans; Judicial review of counter-terrorism measures: the Israeli model for the role of the judiciary during the terror era, Yigal Mersel; Name Index.
£247.00
Taylor & Francis Ltd Development Ethics The International Library of
Book SynopsisThe traditional definition of development ethics considers the 'ethical and value questions posed by development theory, planning and practice' (Goulet 1977: 5). The field parallels the traditional question of ethics 'How ought one to live as an individual?' by asking in addition 'How ought a society exist and move into the future?' This interdisciplinary field is well represented by a substantial collection of previously-published articles and papers. The volume illustrates a wide range of academic and practitioner writings on the theories and concepts of development ethics as well as ethical development policy and practice.Table of ContentsContents: Introduction; Part I The Field of Development Ethics: History and Agenda: The invention of development, Michael Cowen and Robert Shenton; The West and its others, Bhikhu Parekh; Tasks and methods in development ethics, Denis Goulet; Denis Goulet and the project of development ethics: choices in methodology, focus and organization, Des Gasper. Part II Development and Underdevelopment: Experiences, Meanings and Evaluations: The concept of development, Amartya Sen; Famines, Amartya Sen; Poverty is powerlessness and voicelessness, Deepa Narayan; On the ethics of development planning, Denis Goulet; Development experts: the one-eyed giants, Denis Goulet; Development as practice in a liberal capitalist world, Alan Thomas. Part III Ethical Principles: Needs, Capabilities, Rights: Development and human needs, Manfred Max-Neef; Women's capabilities and social justice, Martha Nussbaum; What is the capability approach? Its core, rationale, partners and dangers, Des Gasper; Development, common foes and shared values, Mozaffar Qizilbash; A deliberative ethic for development: a Nepalese journey from Bourdieu through Kant to Dewey and Habermas, John Cameron and Hemant Ojha; The right to development and its corresponding obligations, David Beetham. Part IV Methodologies: Approaches to evaluation of development interventions: the importance of world and life views, Roland Hoksbergen; The implications and value added of a rights-based approach, Jakob Kirkemann Hansen and Hans-Otto Sano; Human security - national perspectives and global agendas: insights from national human development reports, Richard Jolly and Deepayan Basu Ray; A methodologically pragmatist approach to development ethics, Asunción Lera St Clair. Part V Ethical Development Policy and Practice: Hunger, capability and development, David A. Crocker; Democracy and the right to food, Jean Drèze; How much debt must be cancelled?, Joseph Hanlon; Development, displacement and international ethics, Peter Penz; G
£285.00
Taylor & Francis Ltd The Citizen and the Chinese State The Library of
Book SynopsisThis volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China''s legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignityTable of ContentsContents: Introduction; Were Chinese rulers above the law? Toward a theory of the rule of law in China from early times to 1949 CE, Qiang Fang and Roger Des Forges; Constitutionalism with Chinese characteristics? Constitutional development and civil litigation in China, Thomas E. Kellogg; The politics of constitutional reform in China: rule of law as a condition or as a substitute for democracy?, Richard Balme and Yang Lihua; China's legislation law and the making of a more orderly and representative legislative system, Laura Paler; Political parties in China's judiciary, Zhu Suli; China's courts: restricted reform, Benjamin L. Liebman; Who will find the defendant if he stays with his sheep? Justice in rural China, Frank K. Upham; The production of legal norms: a case study of administrative detention in China, Sarah Biddulph; Using law for a righteous purpose: the Sun Zhigang incident and evolving forms of citizen action in the People's Republic of China, Keith J. Hand; Shuanggui and extralegal detention in China, Flora Sapio; When lawyers are prosecuted...: the struggle of a profession in transition, Fu Hualing; Weiquan (rights protection) lawyering in an authoritarian state: building a culture of public-interest lawyering, Hualing Fu and Richard Cullen; Riots and cover-ups: counterproductive control of local agents in China, Carl F. Minzner; Justice from above or below? Popular strategies for resolving grievances in rural China, Ethan Michelson; Public opinion supervision: a case study of media freedom in China, Anne S.Y. Cheung; Name Index.
£175.75
Taylor & Francis Ltd The Scope and Applicability of International
Book SynopsisThe applicability of international humanitarian law requires the existence of an armed conflict that is either international or non-international in character. Accordingly, the concept of armed conflict (as well as the related notion of war) and its temporal and material limits are the focus of the reprinted essays which open this volume. Subsequent articles address highly contentious issues regarding the relationship between the jus in bello and international humanitarian law on the one hand, and the jus ad bellum and international human rights law on the other, as well as the closely related principle of the equal application of international humanitarian law. In the light of contemporary conflicts, essays consider the legal position of States that have chosen not to become a party to an ongoing international armed conflict (law of neutrality) as well as the question of whether and to what extent international humanitarian law provides rules governing counter-terrorism operationsTable of ContentsContents: Introduction, Wolff Heintschel von Heinegg; The concept of war in modern international law, Christopher Greenwood; The different types of armed conflicts according to the Geneva Conventions and Protocols, Dietrich Schindler; Humanitarian law and armed conflicts: toward the definition of 'international armed conflict', Tom Farer; Internationalized non-international armed conflicts: case studies of Afghanistan, Kampuchea, and Lebanon, Hans-Peter Gasser; The problem of the revision of the law of war, H. Lauterpacht; The nature and scope of the Armistice agreement, Howard S. Levie; Armistices and other forms of suspension of hostilities, R.R. Baxter; The limits of the operation of the law of war, H. Lauterpacht; The relationship between ius ad bellum and ius in bello, Christopher Greenwood; The equal application of the laws of war: a principle under pressure, Adam Roberts; The present status of neutrality, Quincy Wright; International law and contemporary naval operations, D.P. O'Connell; Human rights and humanitarian law, Dietrich Schindler; International humanitarian law and human rights law, Louise Doswald-Beck and Sylvain Vité; The relationship between international humanitarian law and human rights law from the perspective of a human rights treaty body, Francoise J. Hampson; Counter-terrorism, armed force and the laws of war, Adam Roberts; Use and abuse of the laws of war in the 'war on terrorism', Marco Sassòli; Name index.
£185.25
Taylor & Francis Ltd The Conduct of Hostilities in International
Book SynopsisThis volume is the first of two addressing the legal regime governing the use of force during armed conflicts. Traditionally labeled ''Hague Law'', today the norms it examines are commonly referred to as ''conduct of hostilities rules''. At the heart of this body of law is the principle of distinction, which requires that civilians and civilian objects be distinguished from combatants and military objectives during military operations. It is the purest expression of the foundational balance between humanitarian considerations and military necessity that has underpinned international humanitarian law since its inception. The essays selected consider the theoretical and practical difficulties of maintaining the balance in the face of evolving means and methods of warfare and competing perspectives as to how it is best achieved. Also addressed is the law governing warfare at sea and in the air. Essays focusing on the former examine early norms and analyze their continuing relevance to Table of ContentsContents: Introduction, Michael N. Schmitt; Part I Distinction: Protection of civilians against the effects of hostilities under customary international law and protocol I, Waldemar A. Solf; The principle of discrimination in 21st century warfare, Michael N. Schmitt; Zero-casualty warfare, A.P.V. Rogers; Assessing proportionality: moral complexity and legal rules, Kenneth Watkin. Part II Maritime Warfare: Submarine warfare, A. Pearce Higgins; The international law of mine warfare at sea, Wolff Heintschel von Heinegg; Some aspects of modern contraband control and the law of prize, G.G. Fitzmaurice; Naval blockade, Wolff Heintschel von Heinegg; The exclusion zone device in the law of naval warfare, W.J. Fenrick. Part III Air Warfare: Area bombardment: rules and reasons, Hans Blix; Air war and the law of war, W. Hays Parks; Name index.
£285.00
Taylor & Francis Ltd The Conduct of Hostilities in International
Book SynopsisThe essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law''s protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law''s adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy,Table of ContentsContents: Introduction, Michael N. Schmitt; Part I Weapons: The law of weaponry at the start of the new millennium, Christopher Greenwood; Conventional weapons under legal prohibitions, R.R. Baxter; Some legal aspects of the use of nuclear weapons, Ian Brownlie. Part II Persons: So-called 'unprivileged belligerency': spies, guerrillas, and saboteurs, Richard R. Baxter; The status of combatants and the question of guerrilla warfare, G.I.A.D. Draper; Special forces' wear of non-standard uniforms, W. Hays Parks; Unlawful combatancy, Yoram Dinstein; The legal situation of 'unlawful/unprivileged combatants', Knut Dörmann; Humanitarian law and direct participation in hostilities by private contractors or civilian employees, Michael N. Schmitt; The status of mercenaries in international law, L.C. Green; The international legal protection of children in armed conflicts, Geraldine Van Bueren; Protection of women in armed conflict, Judith Gardam and Hilary Charlesworth. Part III Objects: Captured enemy property: booty of war and seized enemy property, William Gerald Downey Jr; Green war: an assessment of the environmental law of international armed conflict, Michael N. Schmitt. Part IV Tactics: Ruses of war and prohibition of perfidy, Dieter Fleck; Name index.
£285.00
Taylor & Francis Ltd Detention and Occupation in International
Book SynopsisDetention and occupation are two challenging aspects of international humanitarian law in 21st century warfare. The essays selected for this volume examine the historical foundations of these issues, as well as the contemporary practices surrounding them. Detention law was prominently codified in the 1949 Third and Fourth Geneva Conventions, but has been criticized as inadequate in the face of 'new wars' involving non-State actors such as insurgents and terrorists. These essays not only explore historically problematic detention issues like repatriation and the protecting powers regime, but also question whether the extant law suffices to ensure a proper balance between humanitarian considerations and a detaining State's security concerns. Occupation law was originally designed for temporary occupations that maintained the occupied State's institutions pending return of full authority, but has been tested by recent occupations which are often prolonged and which sometimes seek to 'transform' occupied States previously governed by undemocratic and abusive regimes. The essays demonstrate that these are not novel issues and consider how they were handled in the past. They also assess various perspectives as to the purposes and limits of occupation, especially in the face of modern imperatives such as human rights.Table of ContentsContents: Introduction, Michael N. Schmitt; Part I Detention: The declining significance of POW status, Derek Jinks; Prisoners of war and the protecting power, Howard S. Levie; International law aspects of repatriation of prisoners of war during hostilities, Richard A. Falk; Procedural principles and safeguards for internment/administrative detention in armed conflict and other situations of violence, Jelena Pejic; Evolving Geneva Convention paradigms in the 'war on terrorism': applying the core rules to the release of persons deemed 'unprivileged combatants', Sean D. Murphy. Part II Occupation: The origins of the concept of belligerent occupation, Eyal Benvenisti; Occupation under the laws of war: I, Elbridge Colby; Occupation under the laws of war: II, Elbridge Colby; What is a military occupation?, Adam Roberts; The legal relations between an occupying power and the inhabitants, Lassa Oppenheim; The duty of obedience to the belligerent occupant, Richard R. Baxter; Legislation and maintenance of public order and civil life by occupying powers, Marco Sassòli; Government in commission, R.Y. Jennings; Prolonged military occupation: the Israeli-occupied territories since 1967, Adam Roberts; Transformative military occupation: applying the laws of war and human rights, Adam Roberts; Name index.
£285.00
Taylor & Francis Ltd The Implementation and Enforcement of
Book SynopsisThe essays selected for this volume explore the entire range of issues related to the question of how to implement and enforce international humanitarian law. Measures of self-help that used to play a key role in past international armed conflicts, especially reprisals, have increasingly been outlawed, and thus the enforcement of international humanitarian law has now to be achieved by other means, including criminal proceedings against those who have seriously (or gravely) committed war crimes. Accordingly, the concept of grave breaches, the universality principle and international criminal law are dealt with extensively in this collection. Finally, the volume includes an examination of the practice of ''lawfare'' (an abuse of international humanitarian law for military or political purposes) which has proven increasingly effective in contemporary armed conflict.Table of ContentsContents: Introduction, Wolff Heintschel von Heinegg; War reprisals in the war crimes trials and in the Geneva Conventions of 1949, A.R. Albrecht; Belligerent reprisals revisited, F. Kalshoven; The implementation and enforcement of the Geneva Conventions of 1949 and the additional Protocols of 1978, G.I.A.D. Draper; The role of legal advisers in the armed forces, Leslie C. Green; The man in the field and the maxim of ignorantia iuris non excusat, L.C. Green; Private pecuniary claims arising out of war, Edwin M. Borchard; State responsibility for warlike acts of the armed forces: from Article 3 of Hague Convention IV of 1907 to Article 91 of Additional Protocol I of 1977 and beyond, Frits Kalshoven; The history of the grave breaches regime, Yves Sandoz; The universality principle and war crimes, Yoram Dinstein; The law of nations and the punishment of war crimes, H. Lauterpacht; The municipal and international law basis of jurisdiction over war crimes, Richard R. Baxter; Superior orders and the reasonable man, L.C. Green; Command responsibility for war crimes, William H. Parks; Accountability for international crimes: from conjecture to reality, Jelena Pejic; Law and military interventions: preserving humanitarian values in 21st conflicts, Charles J. Dunlap Jr; Name index.
£285.00
Amnesty International UK Combating Torture and Other IllTreatment A Manual
Book SynopsisThis manual outlines the safeguards that exist in international law to protect people against torture, and gives examples of successful campaigning techniques to put an end to torture. It covers the human rights standards that apply at every stage from arrest and detention to trial and imprisonment.Table of ContentsContents* Foreword by Juan Mendez, UN Special Rapporteur on Torture.* Chapter 1 outlines the key events in international efforts to tackle torture and other ill-treatment worldwide and main activities by Amnesty International to combat these forms of abuse over the years. It also introduces the main international and regional bodies and mechanisms concerned with torture and other ill-treatment. It explains why there is a continuing need for robust action globally to tackle torture and other ill-treatment.* Chapter 2 explains the nature and scope of the absolute prohibition of torture and other ill-treatment under international law. It details the numerous international and regional standards that have emerged to prohibit these forms of abuse, as well as the definitions of torture and other ill-treatment that exist. It considers specific forms of torture and other ill-treatment such as the death penalty, judicial and administrative corporal punishment. It looks at issues of particular concern such as gender-based violence and the link between discrimination, poverty, torture and other ill-treatment. It considers the issue of when non-state (private) actors violate the prohibition of torture and other ill-treatment. * Chapter 3 sets out the numerous safeguards under international law and standards which have been developed to protect and prevent people deprived of their liberty from being tortured and otherwise ill-treated. It looks not only at safeguards for people detained within the context of the criminal justice system but also other forms of deprivation of liberty such as administrative detention, detention on immigration grounds or due to mental health issues, as well as detention during times of armed conflict. It considers the use of force in law enforcement, as well as torture and other ill-treatment within law enforcement, military and security services. * Chapter 4 examines the right of persons deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person. It details the numerous international standards relating to conditions of detention and the measures that need to be taken to provide humane conditions. It looks at both the physical and psychological aspects of the treatment of detainees, including the standards and procedures concerning discipline and security. * Chapter 5 considers the obligation of states to prevent torture and other ill-treatment. It examines the role of international, regional and national mechanisms that have been established to promote, ensure and enforce the prevention of torture and other ill-treatment. It also emphasizes the important role that national actors such as national human rights institutions, national preventive mechanisms, non-governmental organizations, faith-based organizations, the judiciary, lawyers and health professionals can play in preventing these forms of abuse. * Chapter 6 looks at efforts to hold states and individuals accountable for acts of torture and other ill-treatment under international law. It sets out the obligations for states to investigate allegations, bring those responsible to justice and provide reparation treatment to victims. It also considers the role played by the UN, regional treaty bodies and human rights courts when no national efforts are made to bring perpetrators to account, or when national efforts fail. Lastly it looks at the role of the International Criminal Court and ad hoc international and internationalized criminal tribunals in holding individuals accountable for acts of torture and other ill-treatment* Chapter 7 suggests forms of action to combat torture and other ill-treatment. It draws upon a range of strategies and actions taken by Amnesty International and other human rights defenders working towards a world without torture and ill-treatment.
£19.00
Taylor & Francis Ltd Sexual Orientation and Rights
Book SynopsisDebate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies. This volume collects together some of the more significant writings in the debate, and reflects a variety of perspectives: liberal, conservative, and radical. The topics covered include the meaning and importance of sexual freedom, gender roles, marriage and other significant partnerships, child care and adoption, the criminal law, employment, and expression and pornography. The volume also seeks to relate arguments about sexual orientation and rights to broader debates within feminist theory.Table of ContentsContents: Introduction. Part I Organizing the Arguments: Sexual orientation and the politics of biology: a critique of the argument from immutability, Janet E. Halley. Part II Substantive Progressive Arguments: Sexual autonomy and the constitutional right to privacy: a case study in human rights and the unwritten constitution, David A.J. Richards; Liberal community, Ronald Dworkin; Sexual orientation and the constitution: a test case for human rights, Edwin Cameron; Hardwick and historiography, William N. Eskridge, Jr; Editorial note: The constitutional status of sexual orientation: homosexuality as a suspect classification, Harvard Law Review; Recognising new kinds of direct sex discrimination: transsexualism, sexual orientation and dress codes, Robert Wintemute; Pornographies, Leslie Green; Pornography/death: the problem of gay pornography in a straight supremacist system, Shannon Gilreath. Part III Conservative Arguments and Responses to Them: Law, morality and ’sexual orientation’, John M. Finnis; Is marriage inherently heterosexual?, Andrew Koppelman. Part IV Radical Arguments: Developing lesbian legal theory/Sexual privacy/Discourses of discrimination, Ruthann Robson; Essential rights and contested identities: sexual orientation and equality rights jurisprudence in Canada, Carl F. Stychin; On being beside oneself: on the limits of sexual automony, Judith Butler. Name index.
£275.50
Taylor & Francis Ltd Sexuality and Equality Law
Book SynopsisSexual rules and regulations are among society's oldest yet it is only in recent decades that this once-stigmatized field has become the focus of scholarly attention. This volume, which includes some of the most thought-provoking and hard-to-find essays in the field, covers a diverse range of topics from sexual orientation and gender identity to intersexuality and commercial sex, and from HIV/AIDS and trafficking to polygamy. Through historical, political and critical-theoretical lenses, and through a global focus, the selections ask how we conceptualize the groups and acts subjected to sexual regulation and how regulations in the field implicate and produce understandings of sexuality and identity. By placing this variety of works together, Sexuality and Equality Law invites fresh insights into commonalities and synergies across regulatory arenas that are often isolated from one another. The volume's introduction situates all of these works in the broader field and offers readers an eTable of ContentsContents: Introduction; The rights and wrongs of sexuality, Jeffrey Weeks; The sexual citizen, Carl F. Stychin; Understanding lesbian and gay rights, Nicholas Bamforth; From ’sex rights’ to ’love rights’: partnership rights as human rights, Robert Wintemute; Sticky intuitions and the future of sexual orientation discrimination, Suzanne B. Goldberg; The sex discrimination argument in gay rights cases, Nan D. Hunter; Coming out and challenging the closet, 1961-1981, William N. Eskridge; Shared values of Singapore: sexual minority rights as Singaporean value, Phil C.W. Chan; Constructing the personal narratives of lesbian, gay and bisexual asylum claimants, Laurie Berg and Jenni Millbank; Black rights, gay rights, civil rights, Devon W. Carbado; The epistemic contract of bisexual erasure, Kenji Yoshino; Gender pluralisms under the transgender umbrella, Paisley Currah; What’s wrong with rights?, Dean Spade; Beyond the locker room: changing narratives on early surgery for intersex children, Alison Davidian; HIV is a virus, not a crime: ten reasons against criminal statutes and criminal prosecutions, Edwin Cameron, Scott Burris and Michaela Clayton; Secondary effects, Joe Rollins; The regulation of prostitution: contemporary contexts and comparative perspectives, Vanessa E. Munro and Marina Della Giusta; Evolving a policy - legal status, Lenore Kuo; ’Faith’ and the ’good’ liberal: the construction of female sexual subjectivity in anti-trafficking legal discourse, Ratna Kapur; What’s queer about polygamy, Margaret Denike; Name index.
£308.75
Taylor & Francis Ltd Religion in the Public Space
Book SynopsisReligion in the public sphere is one of the most debated issues in the field of law and religion. This volume brings together articles which address some of the more prominent recent cases relating to religion and education, religion and the workplace, family law and religious symbols. The essays discuss the meaning of secularism today and the difficult issue of religion in the public sphere and reflect a wide variety of viewpoints. This volume maps the key elements of this multi-faceted problem, offers essential material and provides an important starting point for an understanding of the issues in this century old debate.Table of ContentsContents: Introduction, Silvio Ferrari; Part I Secularism, Pluralism and Multiple Modernities: Religion in the public sphere, Jürgen Habermas; The meaning of secularism, Charles Taylor; The transformations of the religious dimension and the crystallization of new civilizational visions and relations, S.N. Eisenstadt; Secular constitutionalism vindicated, Frances Raday; Religious liberty and French secularism, Jacques Robert; The distinctiveness of Indian secularism, Rajeev Bhargava. Part II Law, Religion and Education: Religion and education, Jeroen Temperman; The religious, moral and spiritual dimensions of education: national, regional and international constitutional and legal frameworks, Peter Schreiner; Different models for religion and education in Europe, Jean-Paul Willaime; Religion education and the transformational state in South Africa, David Chidester; Religious education in Israel, Asher Maoz. Part III Law, Religion and the Workplace: Protecting religion at work, Lucy Vickers; Class wars? Religion and (in)equality in the workplace, Aileen McColgan; God at work: religion in the workplace and the limits of pluralism in Canada, Lorne Sossin. Part IV Religion and Family Law: State, law and family, Mary Ann Glendon; The place of religion in family law: a comparative search, Jane Mair; The overlooked costs of religious deference, Robin Fretwell Wilson. Part V Religious Symbols in the Public Space: Ancient and modern boundary crossing between personal laws and civil law in composite India, Werner Menski. Unveiling the limits of tolerance: comparing the treatment of majority and minority religious symbols in the public sphere, Susanna Mancini and Michel Rosenfeld; Crosses and culture: state-sponsored religious displays in the US and Europe, Mark L. Movsesian; Name index.
£73.14
Taylor & Francis Ltd Religion and Equality Law
Book SynopsisThe essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic arTable of ContentsContents: Introduction; Part I Frameworks and Overviews: Theoretical Frameworks: Formal, substantive, and disaggregated neutrality toward religion, Douglas Laycock; ’Introduction’ and ’Freedom from compelled profession of belief, adverse targeting, and discrimination’, Kent Greenawalt; ’Blooming confusion: religious equality in the age of Madison’, and ’Unprincipled religious freedom’, Steven D. Smith; Religion, equality, and non-discrimination, Nazila Ghanea; Issues and Overviews: Islam and human rights, Abdullahi Ahmed An-Na’im; The constitutional framework for the protection of religious and related rights in South Africa, Lourens du Plessis; Religious liberty in the state of Israel, Natan Lerner; Discrimination between religions: some thoughts on reading Greenawalt’s Religion and the Constitution: Establishment and Fairness, John Finnis. Part II Discrimination Against Religion: Theoretical Frameworks: Free exercise revisionism and the Smith decision, Michael W. McConnell; Equal liberty, Christopher L. Eisgruber and Lawrence G. Sager; Headscarf Controversies: The Republic and the veil, John R. Bowen; Belief and/in the law, Mayanthi L. Fernando; Secular constitutionalism and Muslim women’s rights: the Turkish headscarf controversy and its impact on the European Court of Human Rights, Hilal Elver. Part III Discrimination by Religion: Employment, Family Law, and Customary Inheritance: The irony of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, Caroline Mala Corbin; Religious freedom and the nondiscrimination norm, Richard W. Garnett; Keeping faith: reconciling women’s human rights and religion, Madhavi Sunder; Inheritance and disinheritance: African customary law and constitutional rights, Nelson Tebbe. Part IV Discrimination in Favour of Religion: Theoretical Frameworks: The problem of singling out religion, Michael W. McConnell; Introduction, Philip B. Kurland; Ten Commandments, three plastic reindeer, and one nation...
£247.00
Taylor & Francis Ltd Race and Equality Law
Book SynopsisThe essays in this volume illuminate a central paradox in the post-colonial West: race remains a potent index of social, economic and political inequality even while racial discrimination has become unlawful, even anathema. The standard account of this paradox is that racial discrimination and inequality are unfortunate vestiges of the past, which an enlightened legal system is now engaged in extirpating. These essays reveal a different story: equality law preserves racial inequality even while denouncing it. The authors show how in country after country, legal rules define racism so narrowly and make racial discrimination so difficult to prove that inequality persists despite its symbolic extinction. This ground-breaking volume of English-language essays, aimed at academics and researchers, shows how critical race theory, an analytic approach developed in the United States, can shed light on the workings of race in political-legal systems as diverse as South Africa, New Zealand, FrancTable of ContentsContents: Introduction; Part I Defining Race and Racism: Re-framing Europe: en-gendered racisms, ethnicities and nationalisms in contemporary Western Europe, Avtar Brah; Red: racism and the American Indian, Bethany R. Berger. Part II Race and Racism: Social Contradictions: A region in denial: racial discrimination and racism in Latin America, Ariel E. Dulitzsky; 'Who wants to feel white?' Race, Dutch culture and contested identities, Philomena Essed and Sandra Trienekens; Reproductive labor: sex and domestic work in Cyprus, Greece and Turkey, Anna M. Agathangelou; Order and security in the city: producing race and policing neoliberal spaces in South Africa, Tony Roshan Samara. Part III Race and Racism: Legal Contradictions: An indigenous lens into comparative law: the doctrine of discovery in the United States and New Zealand, Robert J. Miller and Jacinta Ruru; Antidiscrimination law: the view from 1989, Alan Freeman; The ideology of the Brazilian nation and the Brazilian legal theory of racial discrimination, Seth Racusen; French criminalization of racial employment discrimination compared to the imposition of civil penalties in the United States, Donna M. Gitter; The past is unpredictable: race, redress and remembrance in the South African Constitution, Pierre De Vos; Savages, victims, and saviors: the metaphor of human rights, Makau Mutua; Recreating the state, Jacqueline Stevens; Name index.
£156.75
Taylor & Francis Ltd Gender and Equality Law
Book SynopsisThis volume draws on several decades of advocacy for law reform to advance gender equality. The essays illustrate the evolution of dominant theoretical approaches and trace their application to core issues, such as the meaning of gender, family formation and roles, equality in the workplace, reproductive rights and violence. The selections are international in their range and include recent works that summarize foundational discussions as well as less well-known articles and essays which capture defining issues with enduring resonance. Taken together, these articles form the basis for discussions of recurring themes such as: how best to define and account for biological, social or cultural differences based on gender; how the law can recognize historic and ongoing gender subordination while supporting individuals' autonomy and agency; and the nature and role of women's sexuality. They exemplify the ongoing dialectic between well-intentioned reform and unintended consequences that charaTable of ContentsContents: Introduction; Part I Theoretical Approaches and Overview: Three stages of feminist legal theory, Martha Chamallas; Feminist theories and international law, Hilary Charlesworth and Christine Chinkin; Feminist legal theory and understandings of equality: one step forward or two steps back?, Reg Graycar and Jenny Morgan; Power and danger: feminist engagement with international law through the UN Security Council, Dianne Otto; Naming gender stereotyping, Rebecca J. Cook and Simone Cusack; EU gender equality law, Susanne Burri and Sacha Prechal. Part II Gender: Multiple and Complex Identities: Theorizing yes: an essay on feminism, law and desire, Katherine Franke; New complexity theories: from theoretical innovation to doctrinal reform, Darren Lenard Hutchinson; The transgender rights imaginary, Paisley Currah; Theorizing class, gender and the law: three approaches, Angela P. Harris. Part III Family: Transracial adoption: mothers, hierarchy, race, and feminist legal theory, Twila L. Perry; Who’s afraid of polygamy? Exploring the boundaries of family, equality and custom in South Africa, Penelope E. Andrews; Compulsory matrimony, Ruthann Robson. Part IV Work: Leave - Work/Family: Work, caregiving, and masculinities, Ann C. McGinley; Work/family reconciliation, equal opportunities and social policies: the interpretation of policy trajectories at the EU level and the meaning of gender equality, Jane Lewis. Low-Wage Workers: The four-day work week: but what about Ms Coke, Ms Upton, and Ms Blankenship?, Shirley Lung; Conclusion: the limits of labour law, Elsje Bonthuys. Sexual Harassment: The sanitized workplace revisited, Vicki Schultz. Sex Work and Trafficking: Migrant women and the legal politics of anti-trafficking interventions, Ratna Kapur. Part V Reproductive Rights: Creating and solving the problem of drug use during pregnancy, Dorothy E. Roberts; Sex equality arguments for reproductive rights: their critical basis and evolving constitutional expression, R
£332.50
Taylor & Francis Ltd Emergency Law
Book SynopsisThe essays selected for this volume provide a comprehensive overview of the philosophical, ethical, historical, legal and practical issues in the diverse field of emergency law. The essays focus on terrorist attacks and natural disasters and highlight the roles of a vast variety of actors, such as the military, fire services, health services, police, volunteers and many more. The volume reveals legislative trends in emergency law by combining different national, international and comparative legal perspectives on a number of different types of emergency situations. In addition, essays taken from a practitioner perspective provide insight into civilian and military emergency management on the ground and the frequently reoccurring legal challenges. By comparing different national approaches to emergency law and emergency management, this collection of essays goes beyond the narrow view of one political system and draws instructive conclusions relating to the similarities and differeTable of ContentsContents: Introduction; Part I The Evolution of Emergency Law: Schmitt v Dicey: are states of emergency outside the legal order?, David Dyzenhaus; One law for war and peace? Judicial review and emergency powers between the norm and the exception, Ian Zuckerman; The law of the exception: a typology of emergency powers, John Ferejohn and Pasquale Pasquino. Part II Emergency Law and the Interaction with Military Law: Defending Korematsu?: reflections on civil liberties in wartime, Mark Tushnet; North American emergencies: the use of emergency powers in Canada and the United States, Kim Lane Scheppele; While the government fiddled around, the Big Easy drowned: how the Posse Comitatus Act became the government's alibi for the Hurricane Katrina disaster, Candidus Dougherty; The military call-out legislation, Michael Head. Part III Emergency Law and Disaster Response: Mother Nature versus human nature: public compliance with evacuation and quarantine, Mary-Elise Manuell and Jeffrey Cukor; Collaboration and leadership for effective emergency management, William L. Waugh Jr and Gregory Streib; The federal response to Hurricane Katrina: a case for repeal of the Posse Comitatus Act or a case for learning the law?, Joshua M. Samek. Part IV Emergency Powers and the 'War on Terror': Emergency powers and the rule of law after 9/11, William E. Scheuermann; The emergency constitution, Bruce Ackerman; Constitutional norms in a state of permanent emergency, Sanford Levinson; Balancing security and liberty: critical perspectives on terrorism law reform, Simon Bronitt; German perspectives on the right to life and human dignity in 'the war on terror', Saskia Hufnagel. Part V All Risk Emergency Regulation or Case Specific Regulation: Governance of the critical national infrastructure, Clive Walker; September 11: consequences for Canada, Kent Roach; Extract fromTerrorism: supply and demand, Philip Bobbitt; Conclusion; Name index.
£175.75
Taylor & Francis Ltd Criminal Law and Human Rights
Book SynopsisThe significance of fundamental individual rights to substantive criminal law, criminal procedure law and sentencing law is undeniable for anyone who is familiar with the criminal justice system. The fourteen essays selected for this volume portray and discuss the meaning and rationale of those human rights that are most relevant to that system. They have been chosen for their high quality, timeless approach and general attention to issues that are of universal interest and thus not too closely related to the technicalities of a specific criminal justice system. In combination with the introduction to this volume, the essays cover almost the entire criminal justice system and offer a general overview as well as an in-depth examination of criminal law and human rights. As a result, this volume is essential for researchers, lecturers and students concerned with the tensions and harmonies between the values the criminal justice system and human rights respectively serve.Table of ContentsContents: Introduction; Part I Criminal Procedural law: Four threats to the presumption of innocence, Andrew Ashworth; Pretrial and preventive detention of suspected terrorists: options and constraints under international law, Douglass Cassel; Privacy as struggle, Andrew E. Taslitz; Why must trials be fair?, Stefan Trechsel; Re-conceptualizing the right of silence as an effective fair trial standard, John Jackson; Confrontation: the search for basic principles, Richard D. Friedman; The protection of human dignity in interrogations: may interrogative torture ever be tolerated? Reflections in light of recent German and Israeli experiences, Miriam Gur-Arye and Florian Jessberger; Rethinking double jeopardy: justice and finality in criminal process, Ian Dennis; The doctrine of the Inter-American Court of Human Rights regarding states’ duty to punish human rights violations and its dangers, Fernando Felipe Basch. Part II Substantive Criminal Law: Nulla poena sine lege, Jerome Hall; Hate speech in constitutional jurisprudence: a comparative analysis, Michel Rosenfeld; Freedom of religion and criminal law: a legal appraisal. From the principle of separation of church and state to the principle of pluralist democracy?, Piet Hein van Kempen; The human rights implications of a ‘cultural defense’, Michaël Fischer. Part III Sentencing: Life imprisonment: recent issues in national and international law, Dirk van Zyl Smit. Name index.
£237.50
Taylor & Francis Ltd Prisoners Rights
Book SynopsisThis volume brings together a selection of the most important published research articles from the ongoing debate about the moral rights of prisoners. The articles consider the moral underpinnings of the debate and include framework discussions for a theory of prisoners' rights as well as several international documents which detail the rights of prisoners, including women prisoners. Finally, detailed analysis of the moral bases for particular rights relating to prison conditions covers areas such as: health, solitary confinement, recreation, work, religious observance, library access, the use of prisoners in research and the disenfranchisement of prisoners.Table of ContentsContents: Introduction. Part I Background: The prisoners’ rights movement and its impacts, James B. Jacobs; The short life and painful death of prisoners’ rights, J.M. Shone; Criminal offenders and right forfeiture, Richard L. Lippke; Privatization and the elusive employee-contractor distinction, Alexander Volokh. Part II Foundations: Prisoners’ rights, Hugo Adam Bedau; The case for prisoners’ rights, Genevra Richardson; Toward a theory of prisoners’ rights, Richard L. Lippke. Part III Enumerated Prisoners’ Rights: Social justice and correctional health services, Kenneth Kipnis; Solitary confinement and supermax prisons: a human rights and ethical analysis, Sharon Shalev; The ethical framework for research involving prisoners; Liberal and Republican arguments against the disenfranchisement of felons, Jeffrey Reiman; Prisoner access to recreation, entertainment and diversion, Richard L. Lippke; The right of inmates to work, Rex Martin; In the belly of the whale: religious practice in prison, Harvard Law Review; Reachin’ behind bars: library outreach to prisoners, 1798-2000, Larry E. Sullivan and Brenda Vogel; Prisoners’ right to read: an interpretation of the Library Bill of Rights, American Library Association/Office for Intellectual Freedom. Part IV Major International Documents: The United Nations and the promotion of prison standards, Adam C. Bouloukos and Burkhard Dammann; UN standard minimum rules for the treatment of prisoners (1955); UN body of principles for the protection of all persons under any form of detention or imprisonment (1988); UN basic principles for the treatment of prisoners (1990); UN rules for the treatment of women prisoners and non-custodial measures for women offenders (the Bangkok Rules) (2010). Name index.
£237.50
Taylor & Francis Ltd Environmental Justice
Book SynopsisThis collection of scholarly articles takes as its subject matter discourses on environmental justice. The concept emerged in recent decades as an important framing concept for a wide variety of environmental movements and objectives, and has gained considerable currency due to the scope and normative force that its principles contain, whether in legal, political, or philosophical applications. This collection is an invaluable resource for researchers and scholars in this field given that the multiple theories and analyses of environmental justice are likely to remain central to the ongoing development of normative theorizing about the human role in the environment in the foreseeable future.Table of ContentsContents: Introduction. Part I Foundations of Environmental Justice: Race and the Distribution of Risk: Solid waste sites and the black Houston community, Robert D. Bullard; Environmental justice and the sustainable city, Graham Haughton; The environment of justice, David Harvey; Just garbage, Peter S. Wenz; A wilderness environmentalism manifesto: contesting the infinite self-absorption of humans, Kevin Michael DeLuca. Part II New Directions in Environmental Justice: beyond Equitable Risk: Principles of environmental justice, First National People of Color Environmental Leadership Summit; Justice, democracy, and hazardous siting, Christian Hunold and Iris Marion Young; Distributive justice, participative justice, and the principle of prima facie political equality, Kristen Shrader-Frechette; Reconceiving environmental justice: global movements and political theories, David Schlosberg; Women and toxic waste protests: race, class and gender as resources of resistance, Celene Krauss; Social justice and environmental goods, David Miller. Part III International and Intergenerational Environmental Justice: Global environmental justice, Dale Jamieson; Global environment and international inequality, Henry Shue; Thick cosmopolitanism, Andrew Dobson; Allocating ecological space, Steve Vanderheiden; Environmental justice and economic degrowth: an alliance between two movements, Joan Martínez-Alier; Sustainability and intergenerational justice, Brian Barry. Part IV Applied Environmental Justice: Resources, Climate and Food: Global justice and the distribution of natural resources, Tim Hayward; Cosmopolitan justice, responsibility, and global climate change, Simon Caney; Global inequality and climate change, J. Timmons Roberts; The hijacking of the global food supply, Vandana Shiva. Name index.
£218.50
Taylor & Francis Ltd Restorative Justice
Book SynopsisThe legitimacy and performance of the traditional criminal justice system is the subject of intense scrutiny as the world economic crisis continues to put pressure on governments to cut the costs of the criminal justice system. This volume brings together the leading work on restorative justice to achieve two objectives: to construct a comprehensive and up-to-date conceptual framework for restorative justice suitable even for newcomers; and to challenge the barriers of restorative justice in the hope of taking its theory and practice a step further. The selected articles start by answering some fundamental questions about restorative justice regarding its historical and philosophical origins, and challenge the concept by bringing into the debate the human rights and equality discourses. Also included is material based on empirical testing of restorative justice claims especially those impacting on reoffending rates, victim satisfaction and reintegration. The volume concludes with a criTable of ContentsContents: Introduction. Part I Historical and Philosophical Origins: The history of restorative justice, Elmar G.M. Weitekamp; A restorative lens, Howard Zehr; Setting standards for restorative justice, John Braithwaite; Connecting philosophy and practice, John Braithwaite and Heather Strang; Epilogue: reconstructing restorative justice philosophy, Theo Gavrielides and Vasso Artinopoulou. Part II Equality Matters: Restorative justice and international human rights, Daniel W. Van Ness; Resisting co-optation: three feminist challenges to antiviolence work, James Ptacek; Responding to hate crimes through restorative justice dialogue, Robert B. Coates, Mark S. Umbreit and Betty Vos; Bringing race relations into the restorative justice debate: an alternative and personalized vision of 'the other', Theo Gavrielides. Part III Empirical Testing: Achievements and difficulties, T. Marshall and S. Merry; Towards a framework for conceptualising and evaluating models of criminal justice from a victim's perspective, James Dignan and Michael Cavadino; The ambivalences of restorative justice: some reflections on an Italian prison project, Odillo Vidoni Guidoni; Restoration or renovation? Evaluating restorative justice outcomes, Jaimie P. Beven, Guy Hall, Irene Froyland, Brian Steels and Dorothy Goulding; A third voice: a review of empirical research on the psychological outcomes of restorative justice, Barton Poulson. Part IV Critiques and Pushing the Barriers: Compulsory compassion: justice, fellow-feeling, and the restorative encounter, Annalise Acorn; Victims of restorative governmentalities, George Pavlich; Reflections on family violence and restorative justice: addressing the critique, Anne Hayden; Restorative justice and the retributive legal context, Elizabeth E. Elliott; Restorative pain: a new vision of punishment, Theo Gavrielides. Name Index.
£237.50
Edinburgh University Press Human Rights and CommunityLED Development
Book SynopsisThis book investigates work of the NGO Tostan as a working model of human development. The study is grounded in the ethnographic study of the actual change that happened in one West African village.
£94.50
Edinburgh University Press Human Rights and CommunityLED Development
Book SynopsisThis book investigates work of the NGO Tostan as a working model of human development. The study is grounded in the ethnographic study of the actual change that happened in one West African village.
£27.54
Bloomsbury Publishing PLC Caribbean Anti-Trafficking Law and Practice
Book SynopsisThis monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a ‘disconnect’ between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.Trade ReviewFrom the Foreword: Jason Haynes has approached this difficult topic with a balance of academic rigour and humanity. In addition to providing an invaluable source of information and data, he presents challenging arguments compelling everyone, especially politicians, lawyers, judges and academics to look again at the way in which we tackle these complex problems. -- Hon Mrs Justice Maura McGowan QC, DBE, High Court Judge, LondonFrom the Foreword: This book is an essential and fundamental guide to any person or organisation that is interested or concerned about human trafficking... This book is stimulating and thought-provoking and empowers those who read it to revisit the laws, practices and protocols within their countries, and to employ their best efforts to ensure that firstly human trafficking is eradicated; secondly, that victims of human trafficking, in particular, children are protected; thirdly, that adequate safeguards are put in place; and, just as importantly, there is continued informative discussion and debate about the issue. -- Hon Mr Justice Shiraz Aziz, Supreme Court Judge, Turks and Caicos IslandsTable of Contents1. Introduction I. Overview II. Locating the ‘Commonwealth Caribbean’ III. Situational Overview IV. Further Afield V. Summary VI. Structure of the Monograph 2. Theoretical Perspectives on Human Trafficking Introduction I. Economic Theory II. Criminology Theories III. Feminist Theories IV. Brief Reflections V. Analytic Eclecticism VI. Methodology Conclusion 3. International Dimensions of Anti-Trafficking Law and Practice Introduction I. The Criminal Justice Approach II. The Human Rights Approach Conclusion 4. The European Approach to Human Trafficking Introduction I. Situational Overview II. Legal Frameworks III. Political and Institutional Commitment IV. Public Awareness, Stakeholder Collaboration and Capacity Building V. Criminalisation and Sanctioning VI. Investigation, Victim Identification and Referral VII. A Victim-Centred Approach VIII. Protection of Trafficked Victims IX. Material, Medical and Psychological Assistance and Accommodation X. Protection and Support for Child Victims XI. Regularisation of Immigration Status, Repatriation and Reintegration XII. Compensation XIII. Hegemonic Assumptions Conclusion 5. Anti-Trafficking Law and Practice in England and Wales Introduction I. Criminalising Trafficking in Persons II. Investigating Trafficking in Persons III. Identifying and Referring Victims of Trafficking IV. Discretionary Leave to Remain V. Support and Assistance of Trafficked Victims VI. Child Victims of Trafficking VII. Criminal Proceedings VIII. Compensating Victims of Trafficking for Harm Suffered IX. The Non-Punishment of Victims of Trafficking X. Institutional Commitment XI. Confiscation/Forfeiture of Assets XII. Prevention and Risk Orders XIII. Transparency in Supply Chains Conclusion 6. Normative Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Domestic Legal Framework II. Normative Considerations Conclusion 7. Institutional Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Human Trafficking on the National/Regional Agenda II. Capacity Building III. Stakeholder Collaboration IV. Victim Identification and Referral V. Court Proceedings Conclusion 8. Individual Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Primacy of Victims’ Rights II. Meeting the Basic Needs of Trafficked Victims III. Medical and Psychological Assistance IV. The Special Position of Child Victims V. Accommodation VI. Privacy and Confidentiality VII. Information, Documentation and Interpretation/Translation VIII. Regularisation of Victims’ Immigration Status IX. Repatriation X. Reintegration Conclusion 9. Conclusion: The Way Forward Introduction I. General Findings II. Reforming Anti-Trafficking Law and Practice III. Summary
£123.50
Bloomsbury Publishing PLC Fundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice: A Role for Proportionality?
Book SynopsisThis book explores the relationship of mutual trust and fundamental rights in the Area of Freedom, Security and Justice (AFSJ) of the European Union and asks whether there is any role for proportionality. Mutual trust among Member States has long been presumed by the Court in a manner that mutual recognition was prioritised in regard to, but to the detriment of, the protection of fundamental rights. After thoroughly reviewing this relationship, this book offers a comprehensive framework of proportionality and explores its impact on the protection of fundamental rights in a mutual trust environment. It applies a theoretical and a normative framework of proportionality to two case studies (EU criminal and asylum law) by reference to several fundamental rights, enabling a carefully constructed analysis with useful parallels. The book argues that such analysis, based on proportionality, is not always desirable and helpful for the protection of fundamental rights in this area and thoroughly explores its impact on the protection of fundamental rights vis-à-vis mutual trust.Trade ReviewFundamental Rights and Mutual Trust in the Area of Freedom, Security and Justice … offers an excellent and much needed contribution to the field. It is the first comprehensive book specifically dedicated to the function and impact of proportionality in the Area of Freedom, Security and Justice … Written in a clear and entertaining manner, the book is a must read for anyone interested in the future of Area of Freedom, Security and Justice law. * Ester Herlin-Karnell, University of Gothenburg (from the foreword) *Table of Contents1. Mutual Recognition: From Passive to Active Recognition Introduction Overview of the Area of Freedom, Security and Justice Origins of Mutual Recognition Transfer of Mutual Recognition to the Area of Freedom, Security and Justice Typology and Operation of Mutual Recognition Development of Mutual Recognition Models of Mutual Recognition From a Passive to an Active Model of Mutual Recognition Seeking Equivalence and a Role for Proportionality? Conclusion 2. Mutual Trust: From Blind to Gained Trust Introduction Mutual Trust in the Framework Decision on the European Arrest Warrant Mutual Trust in the Dublin III Regulation Evolution of Trust Blind Trust The FDEAW Dublin System Qualified System of Trust Trust Based on Individual Assessment? Age of Distrust? Brexit and Distrust Rule of Law Crisis and Mutual Trust ECtHR Threshold: Flagrant Denial of Justice Criticism and Commentary Grounds for Pragmatic Earned Trust Conclusion 3. Deconstructing Proportionality Introduction Early Philosophical Foundations Emergence of a Legal Doctrine Structure of the Proportionality-based Analysis Legitimate Objective Suitability and Necessity Challenges and Limits Proportionality in EU Law Conclusion 4. The Quest for Balancing in the AFSJ Case Law: Needle in a Haystack Introduction Protection of Victims in Criminal Proceedings Case Law European Arrest Warrant Case Law Kozlowski; I.B. Leyman; Wolzenburg Lopes Da Silva Jeremy F Radu Melloni Aranyosi and Caldararu LM and the Essence of the Rights Remarks Dublin System Case Law Conclusion 5. Constructing Proportionality for the Area of Freedom, Security and Justice Introduction Deconstructing EU Fundamental Rights Fundamental Rights in EU Constitutionalism The Charter and its Scope of Application The Place of Fundamental Rights in the AFSJ Constructing Proportionality for the AFSJ Criteria on the Relevance of Proportionality Per Se Article 52(1) of the Charter and the Essence of the Rights European Investigation Order and Proportionality Context of Application: Transfers of Individuals Based on Mutual Recognition Generic Balancing Parameters Variable Intensity Seriousness of the Value Under Restriction Vulnerability of Individuals Degree of Harmonisation Conclusion 6. Case Study I: European Arrest Warrant Transfers Introduction EU Criminal Justice: Evolution and Framework in the Context of Mutual Recognition Security and the Constructed European Public Order Constitutional Framework of EU Criminal Justice Surrender Procedures and Fundamental Rights Breaches Informing and Applying a Proportionality-based Analysis in the Context of the FDEAW Disproportionate Requests and Proportionality The Legality Principle and the Opportunity Principle in Prosecution Proportionality-based Analysis Informed by the Rights in Question The Principle of Ne Bis in Idem The Right to be Informed and Defence Rights Right to Appeal Principle of Legality in Criminal Law Proportionality in Light of Aranyosi: Mission Impossible Conclusion: The Impact of Proportionality-based Analysis on Surrenders 7. Case Study II: Dublin Transfers Introduction Public Discourse and EU Asylum Law The Common European Asylum System The Institutional and Legal Evolution of the Current Framework on CEAS Dublin III Regulation Dublin Shortcomings Border and Migration Control as Dominant Narrative Refugee (Governance) Crisis Informing and Applying a Proportionality-based Analysis in the Context of the Dublin III Regulation Proportionality-based Analysis Informed by the Rights in Question Criteria of Balancing Impact; the Limits of the Principle of Proportionality No Place for Proportionality where Absolute Rights are Breached Conclusion Reflecting and Looking Ahead: Summation of Arguments, the Way Forward and Conclusion Summation of Arguments The General Reach of the Argument and its Limits Variable Impact of Proportionality-based Analysis The Way Forward for Mutual Trust and Recognition EU Criminal Justice CEAS The Need for a Consistent Theory of Fundamental Rights for EU Law Conclusion
£999.99
Bloomsbury Publishing PLC Theory and Practice of the European Convention on Human Rights
Book SynopsisThis collection explores current, critical issues regarding human rights theory and practice at the European Court of Human Rights. Taking a three part approach, it explores: procedural concerns, principles and jurisprudence, and interaction with national legal systems. With each contributor bringing their own unique perspective and expertise to key human questions of the day, it makes compelling reading for all human rights specialists, be they in academia or practice.Table of ContentsA. Human Rights and Procedural Law Protecting Human Rights Through Criminal Law: The Revival of the Procedural Obligations Jacopo Roberti di Sarsina / Katharina Braun The European Court of Human Rights and Article 18 – An Indicator for the State of Democracy in Europe? Christiane Schmaltz The Copenhagen Declaration: Wrapping up the Interlaken Reform? Helga Molbak-Steensig B. Fundamental Human Rights Principles Facing New Challenges How many Strikeouts are too many? The ECtHR’s Evolving Approach to Repetitive Cases and the Limits of Efficiency Edith Wagner Protection of Human Rights Defenders and Whistleblowers under Human Rights Law Veronika Bilkova The ECtHR’s Jurisprudence on the Prohibition of Collective Expulsions in Cases of Pushbacks at European Borders: A Critical Perspective Hanaa Hakiki Protecting Democratic Elections Against Online Influence via “Fake News” and Hate Speech – The French Loi Avia and Loi No. 2018–1202, the German Network Enforcement Act and the EU’s Digital Services Act in Light of the Right to Freedom of Expression Dominik Steiger A Culture of Justification or a Culture of Presumption? The Turn to Procedural Review and the Normative Function of Proportionality at the European Court of Human Rights Alain Zysset C. Human Rights and National Legal Orders Judicial and Prosecutorial Independence in Europe: How Politicized Judges and Prosecutors Undermine the Right to a Fair Trial in Eastern Europe and Central Asia Stefanie Lemke The Role and Impact of the European Convention on Human Rights Beyond States Parties: The curious case of the ECHR in Kosovo Beti Hohler and Barbara Sonczyk Extraterritorial Application of Human Rights Law – New Developments with regard to Germany Robert Frau
£90.25
Bloomsbury Publishing PLC The Treatment of Immigrants in the European Court
Book SynopsisThis book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on ‘crimmigration’.Trade ReviewThe book provides an intelligent and thoughtful analysis of its topic … Both scholars and students would undoubtedly appreciate the clarity of Spalding’s analysis and the cogency of her arguments, which constitute a precious addition to research at the intersection of human rights and criminal law, and not just in the immigration context. -- Ettore Asoni * Border Criminologies *Table of ContentsIntroduction I. Immigrants are being Undercriminalised II. Book Structure 1. The Criminalisation of Immigration in Europe I. The Intertwining of Criminal Law and Immigration Law II. The Use of Criminal Justice Practices in Immigration Control III. The Media Discourse Surrounding Immigration IV. Moving Beyond Criminalisation V. Conclusion 2. The Right to Liberty I. The Use of Immigration Detention II. An Overview of the Right to Liberty III. The Test for Criminal Detention IV. The Test for Immigration Detention V. Any Real Protection against Arbitrariness? VI. Conclusion 3. The Right to Liberty: Criminal Limb I. The Use of Deportation and Administrative Removal II. An Overview of Article 6 III. The Applicability of Article 6 to Immigration Decisions IV. Are Immigration Measures (Sometimes) Criminal Penalties? V. Conclusion 4. The Civil Limb of the Right to a Fair Trial I. Criminalisation and Immigration Decision-Making Procedures II. An Overview of the Civil Limb of the Right to a Fair Trial: Civil Rights and Obligations III. The Applicability of the Civil Limb of Article 6 to Immigration Decisions IV. Inconsistencies and Interpretations V. Conclusion 5. The Prohibition on Torture, Inhuman and Degrading Treatment I. Criminalisation and the Return of Foreign Nationals II. An Overview of the Prohibition on Torture, Inhuman and Degrading Treatment III. Exceptions for Immigrants? IV. Conclusion 6. Moving Beyond Criminalisation: A Two-Tier System I. A Two-Tier System II. How Did the Two-Tier System Come into Being? III. Repercussions of the Two-Tier System: Discrimination IV. Repercussions of the Two-Tier System: The Erosion of Rights V. Conclusion Conclusion I. Moving Forward
£80.75
Bloomsbury Publishing PLC The Complexity of Human Rights: From
Book SynopsisThis book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of ‘vernacularization’, which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.Table of Contents1. Introduction Philip Alston PART I: VERNACULARIZATION AND HUMAN RIGHTS 2. “A Very Murky Process:” Embracing the Indeterminacy of International Justice and Human Rights Richard Ashby Wilson 3. Vernacularization as Anthropological Ethics Mark Goodale 4. Vernacularizing Rights: Indispensable but Dangerous Jack Snyder 5. Globalizing the Indigenous: The Making of International Human Rights from Below César Rodríguez-Garavito 6. Rites of Culture: Legal Frameworks, Indigenous Protocols, and the Circulation of Culture in Australia Fred Myers 7. The Vernacularization of Transitional Justice: Is Transitional Justice Useful in Pre-conflict Settings? Pablo de Greiff 8. Human Rights Don’t Travel by Boat: Responding to Koskenniemi’s Critique of Rights Philip Alston PART II: QUANTIFICATION AND HUMAN RIGHTS 9. Beyond the Vanishing Point: Quantification as Rhetoric in Today’s Antislavery Samuel Martínez 10. The Competitive Pressures of Rankings: Experimental Evidence of Rankings on Domestic Priorities Rush Doshi, Judith Kelley and Beth A. Simmons 11. Visualizing the ‘Women, Peace and Security Agenda’ Hilary Charlesworth 12. The Seductions of Quantification Rebuffed? The Curious Failure by the CESCR to Engage Water and Sanitation Data Margaret Satterthwaite 13. Strategizing the world: Deciding who will be left behind in the Sustainable Development Goal on health Sara L.M. Davis 14. Recommendations in Words and Numbers: Thinking with Sally Engle Merry at the Universal Periodic Review Jane K. Cowan 15. Between Conduct and Counter-Conduct: Human Rights Translation at the Universal Periodic Review Julie Billaud
£999.99
Dundee University Press Ltd Breach of the Peace
Book SynopsisCritiques the common-law crime of breach of the peace in Scots lawDespite the number of prosecutions, and the appeal court''s attempts to narrow its ambit in recent years, breach of the peace remains ill-defined in Scotland. Describing its development from the mid-19th century to the present day, Pamela Ferguson criticises the breach of the peace on several fronts.Ferguson also considers related statutory offences, such as those created by the Criminal Justice and Licensing (Scotland) Act 2010 and the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, and considers how effective these new offences have been at supplanting the common-law crime.
£26.59
Jessica Kingsley Publishers Vulnerable Children and the Law: International
Book SynopsisGlobal support for improving child welfare and upholding the rights of children is strong, but in practice often fails to recognise the emerging gap between traditional child welfare practices and the evolving nature of child vulnerability. This book takes an international perspective on child welfare, examining how global and national frameworks can be adapted to address the rights and best interests of children. Synthesising the latest international research, experts redefine the concept of a 'child in need' in a world where global movement is common and children are frequently involved in the law. The book considers children as citizens, as refugees, victims of trafficking, soldiers, or members of indigenous groups and identifies the political and cultural changes that need to take place in order to deliver rights for these children. Focusing in particular on child protection systems across nations, it identifies areas of child welfare and family law which systematically fail to look after the best interests of children, often through prejudice, outdated practice, or even the failure of agencies to work together.Exploring the nexus between children's rights and the law across the globe, this book makes essential reading for policymakers, social workers, lawyers, researchers and professionals involved in protecting vulnerable children.Trade Reviewit provides a current and thought-provoking text which should prove an invaluable resource for all policymakers, social workers and lawyers working to protect vulnerable children. -- Children & Young People NowThis is a book that seeks to promote ideas from other jurisdictions and cultures, and it is an excellent book for the progressive social worker. It would be fascinating to see the same kind of book with the same kind of chapters from non English speaking countries, such as Europe and the Far East. -- The Association of Child Abuse Lawyers' NewsletterTable of ContentsPreface and acknowledgements. Introduction. Rosemary Sheehan, Monash University, Australia, Helen Rhoades, University of Melbourne, Australia and Nicky Stanley, University of Central Lancashire, UK. Part 1. Children and citizenship. 1. Children's rights: the effective implementation of rights and standards. Deena Haydon, Queen's University, Belfast, UK. 2. Child protection in humanitarian emergencies. Patrick O'Leary, University of Bath, UK and Jason Squire, Terres des hommes Foundation. 3. Children in the shadows: Child trafficking in the UK. Christine Beddoe, ECPAT UK. 4. Child combatants, peace processes: Challenges of inclusion and exclusion. Shelly L. Whitman, Dalhousie University, Canada. 5. Unaccompanied children as illegal immigrants in the United States. Gladis E. Molina, Florence Immigrant and Refugee Rights Project (FIRRP), USA. 6. Protecting the rights of children in custody, Una Convery and Linda Moore, University of Ulster, UK. Part 2. Indigenous and non-national children and vulnerability. 7. The victimisation of indigenous children. Suzanne Oliver, Northern Territory Stipendiary Magistrate, Australia. 8. Non-national children and vulnerability: The child protection context. Goos Cardol, Zuyd University of Applied Sciences, The Netherlands. 9. Mana tamariki, takahi tamariki: Maori child pride, Maori child abuse. Rawiri Taonui, University of Canterbury, New Zealand. 10. Indigenous human rights law and the needs of indigenous children. Terri Libesman, University of Technology, Sydney, Australia. Part 3. Child welfare and family identity. 11. High frequency parental contact for infants in care: whose rights are being served? Cathy Humphreys and Meredith Kiraly, University of Melbourne, Australia. 12. Maternal incest: Challenges for child protection. Jackie Turton, University of Essex, UK. 13. Lost identities: denying children their family identity. James Reid, University of Huddersfield, UK. 14. Should adoption be an option? Greg Kelly and Chaitali Das, Queen's University Belfast, UK. Part 4. Child welfare and legal intervention. 15. Child protection family law: The Australian experience. Lisa Young, Murdoch University, Australia. 16. The police role in identifying and responding to children experiencing domestic violence. Nicky Stanley, Pam Miller, NSPCC, Helen Richardson-Foster, University of Sheffield, UK and Gill Thomson, University of Central Lancashire, UK. 17. Relocation of children in family law disputes. Robert H. George, University of Oxford, UK. 18. Working with separated families. Helen Rhoades. 19. Deciding the best interests of the child: Legal responses to child protection concerns. Rosemary Sheehan. 20. Conclusion. Rosemary Sheehan, Helen Rhoades and Nicky Stanley.
£76.00
Bloomsbury Publishing PLC Human Rights and Drug Control: The False
Book SynopsisIt has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more ‘rights respecting’ approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion – more and more clearly stated – that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right. There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a ‘back door’ legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.Table of Contents1. Introduction I. Some Terminology Issues—Legalisation, Decriminalisation, and Depenalisation II. Use/Abuse/Consumption 2. Legal Standards and Regimes I. The International Drug Control Regime The 1988 Convention and Criminalisation The Treaty Monitoring Regime of International Drug Control The Enforcement Powers of INCB INCB, UNODC, and Human Rights II. Human Rights The International Human Rights Regime Human Rights Treaty Bodies and INCB Charter-Based Bodies—The Human Rights Council The Offi ce of the High Commissioner on Human Rights (OHCHR) III. Article 33 of the Convention on the Rights of the Child 3. UNGASS and Developments in Latin America I. UNGASS II. Latin America: Regional Developments III. Latin America: Developments at the National Level Bolivia Uruguay 4. Drug Control: Violating Human Rights? I. At First, There Was ‘Harm Reduction’ Substitution Treatment Injection Rooms Conclusion on Harm Reduction II. Human Rights as a Tool Death Penalty Law Enforcement and the Excessive Use of Force Arbitrary Detention, Ill-Treatment and Forced Labour Arbitrary Detention and the International Drug Control Conventions III. Persons who Abuse Drugs as a ‘Vulnerable Group’ IV. Militarisation of Drug Law Enforcement Organised Crime Pain Relief and Legalisation of Opium Poppy Cultivation in Afghanistan Pain Relief Globally 5. Mandated Treatment and Drug Courts I. Portugal 6. The ‘Right to Abuse Drugs’ Afterword: Views of the Author
£85.50
Clarus Press Ltd The Judicial Protection of Human Rights in
Book Synopsis
£57.00
Clarus Press Ltd The Universal Declaration of Human Rights at
Book SynopsisThe Universal Declaration of Human Rights at Seventy: A Review of Successes and Challenges celebrates the seventieth anniversary of the Declaration and provides an analysis of how it has contributed to the protection of human rights globally. It also identifies and discusses a number of the challenges to the realisation of rights set out in the instrument. The chapters, authored by academics and practitioners in the field of human rights, provide insights into the drafting of the UDHR, human rights activism, the rights protected by the instrument, as well as the relationship between the Declaration and other human rights protective mechanisms.Table of ContentsIntroduction Chapter 1: The Universal Declaration of Human Rights as Customary International Law, Amina Adanan Chapter 2: Implementing Universal Declaration of Human Rights Standards through the Universal Periodic Review Mechanism, Noelle Higgins Chapter 3: Minority Rights and the Universal Declaration of Human Rights, Jean Molloy Chapter 4: How Universal is the Universal Declaration? Indigenous Peoples as a Challenge to the UDHR, Ger Maguire Chapter 5: The Rights of Workers, Keith D Ewing Chapter 6: Labour Trafficking and the Challenges of Victim Identification in Ireland: Exploring the Legacy of Article 4 UDHR, Muiread Murphy, David Doyle and Clíodhna Murphy Chapter 7: Fundamental Rights and Evolving Technologies: Considering the Universal Declaration of Human Rights at 70, Maria Helen Murphy Chapter 8: Policy Developments in Ireland: Implementing the UN Convention on the Rights of Persons with Disabilities, Siobhan Barron Chapter 9: United Nations Targeted Sanctions and Human Rights: Challenging the Narrative, Deirdre Clancy Chapter 10: The Contemporary Threat to Civil Liberties and Human Rights Activism, Liam Herrick Chapter 11: The ‘Curious Grapevine’: 70 Years of Non-governmental Organisations in the United Nations Human Rights System, Fiona McGaughey
£42.75
