Public international law: human rights Books

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Book SynopsisGrotius wrote the Remonstrantie around 1615 at the request of the States of Holland, to define the conditions under which Jews were to be admitted to the Dutch Republic. At that time, he was already an internationally recognized legal expert in civic and canonic law. The position taken by Grotius with respect to the admission of the Jews was strongly connected with the religious and political tensions existing in the Dutch Republic of the early 17th century. The Remonstrantie shows how Grotius’s views evolved within the confines of the philosophical and religious concepts of his time. It is an example of tolerance within political limits, analyzed by the author David Kromhout and made accessible through a modern translation.Table of ContentsContributors: Marijke J. Blankman, Piet Hein Donner, Cis van Heertum, David Kromhout, Marianka van Lunteren-Spanjaard, Adri K. Offenberg.

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Book SynopsisThis book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, Strobel draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions. Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.Table of ContentsAbbreviations Table of Treaties, Resolutions and Other Legal Documents Table of Cases 1 Introduction 2 The Status Quo of Organized Crime in International Criminal Law  2.1 Organized Crime   2.1.1 Legal Definition of Organized Crime   2.1.2 Relevant Crimes    2.1.2.1 Drug Trafficking    2.1.2.2 Trafficking in Persons and Subsequent Exploitation    2.1.2.3 Migrant Smuggling    2.1.2.4 Illicit Trade in Arms and Ammunition, Natural Resources, and Cultural Goods    2.1.2.5 Corruption    2.1.2.6 Money Laundering    2.1.2.7 Organized Crime-Related Violence   2.1.3 Types of Organizations    2.1.3.1 Hierarchical Organized Criminal Groups    2.1.3.2 Criminal Networks   2.1.4 Geographic Scope   2.1.5 Impact of Organized Crime  2.2 Organized Crime in Transnational Criminal Law   2.2.1 The Current Role of International Law in Combating Organized Crime   2.2.2 Transnational Criminal Law Conventions    2.2.2.1 The UN Convention against Transnational Organized Crime and the Protocols Thereto    2.2.2.2 International Drug Control Conventions    2.2.2.3 Conventions against Corruption    2.2.2.4 Provisions on Money Laundering and Related Instruments    2.2.2.5 Other Transnational Criminal Law  2.2.3 Other Relevant International Conventions  2.2.4 Regional Criminal Law  2.2.5 The International Enforcement Regime  2.3 Organized Crime in International Criminal Law Stricto Sensu  2.3.1 The Evolution of International Criminal Law Stricto Sensu  2.3.2 The Relevance of International Criminal Law Stricto Sensu to Organized Crime    2.3.2.1 The Telos of International Criminal Law    2.3.2.2 Empirical Interconnection: The Crime–Conflict Nexus  2.3.3 Organized Crime in the History of International Criminal Law Stricto Sensu    2.3.3.1 Organized Crime Offenses in International Criminal Tribunals    2.3.3.2 Organized Crime Offenses and the Making of the Rome Statute  2.4 Assessment 3 Organized Crime under the Rome Statute of the International Criminal Court  3.1 Procedural Requirements for Jurisdiction   3.1.1 Trigger Mechanisms   3.1.2 Preconditions to the Exercise of Jurisdiction   3.1.3 The Principle of Complementarity  3.2 Substantive Law: Jurisdiction Ratione Materiae   3.2.1 The Crime of Genocide    3.2.1.1 Mental Element: The Dolus Specialis of Genocide    3.2.1.2 Material Elements    3.2.1.3 Summary   3.2.2 Crimes against Humanity    3.2.2.1 Contextual Elements    3.2.2.2 Material Elements: Individual Acts    3.2.2.3 Summary   3.2.3 War Crimes    3.2.3.1 Contextual Elements    3.2.3.2 Material Elements    3.2.3.3 Summary  3.3 Substantive Law: Attribution of a Crime   3.3.1 Perpetration   3.3.2 Participation   3.3.3 Superior Responsibility  3.4 Assessment 4 Organized Crime and International Criminal Law De Lege Ferenda  4.1 Potential Developments Within the Current Jurisdictional Framework   4.1.1 Mental Elements    4.1.1.1 Dolus Eventualis    4.1.1.2 The Dolus Specialis Requirement for Pillage   4.1.2 Material Elements: Trafficking in Persons and Enslavement  4.2 Expanded Jurisdiction Ratione Materiae   4.2.1 Criteria for the Introduction of New Offenses   4.2.2 Common Contextual Elements   4.2.3 Potential Offenses and Their Material Elements    4.2.3.1 The Crime of Drug Trafficking    4.2.3.2 Illicit Trade in Arms and Ammunition, Natural Resources, and Cultural Goods    4.2.3.3 The Crime of Migrant Smuggling    4.2.3.4 Corruption    4.2.3.5 Money Laundering   4.2.4 Summary  4.3 An International Tribunal Focused on Organized Crime   4.3.1 Procedural Requirements for Jurisdiction   4.3.2 Jurisdiction Ratione Materiae   4.3.3 Organizational Setup  4.4 Assessment 5 Conclusion References Index

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Book SynopsisExamines the case for the legal recognition of gay rights as basic human rights. This work explores the connections between gay rights and three rights movements - black civil rights, feminism and religious toleration - to determine how these might serve as analogies for the gay rights movement.

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Book SynopsisA unique and timely publication, for advocates, academics, and practitioners, providing invaluable insight into the plight of the disappearedTable of Contents Acknowledgements Artwork Introduction JENNIFER HEATH and ASRAF ZAHEDI Interlude: Index of the Disappeared CHITRA GANESH and MARIAM GHANI 1 ─ Latin America's Contributions to the Development of Institutional Responses to Enforced Disappearances ARIEL E. DULITZKY 2 ─ The Impact of Enforced Disappearance on Women AMRITA KAPUR Interlude: Between Two Rivers SAMA ALSHAIBI 3 ─ Iraq: Enforced Disappearance as a Tool of War DIRK ADRIAENSENS 4 ─ Extraordinary Rendition: A Human Rights Analysis DAVID WEISSBRODT Interlude: Abu Ghraib NANCY MARON 5 ─ Lives in Limbo: Afghanistan’s Epidemic of Disappearances DALAS MAZOORI and STEFAN SCHMITT 6 ─ Vanishing Nation: Enforced Disappearances in Syria SARETA ASHRAPH and NICOLETTE WALDMAN Interlude: Do Not Forget Us: La Tanssana HELEN ZUGHAIB 7 ─ Politics of Silence and Denial: 1988 Enforced Disappearances and Executions in Iran ASHRAF ZAHEDI Interlude: The Eyes YASSI GOLSHANI 8 ─ The Legacy of Wartime Rape in Bosnia and Herzegovina EDINA BEĆIREVIĆ and MAJDA HALIOVIĆ 9 ─ Genocide of the Rohingya AKILA RADHAKEISHNAN and ELENA SARVER Interlude: The Elephant and the Pond of Blood LEANG SECKON 10 ─ The Khmer Rouge Bureaucrats: Counting the Missing JAMES A. TYNER Interlude: Lynch Fragments MELVIN EDWARDS 11 ─ Our Resilient Bodies: The Role of Forensic Science and Medicine in Restoring the Disappeared to History SOREN BLAU Interlude: In Between/Underneath (Entremedio/Por Debajo) JONATHAN HERRERA SOTO 12 ─ Retributive or Restorative Justice: Gacaca Courts’ Contribution to Transitional Justice and Reconciliation in poet-Genocide Rwanda HILMI ZAWATI 13 ─ MIA: Disappearing Political Analysis in Transnational Justice VASUKI NESIAH Interlude: Stolen MORGAN C. PAGE 14 ─ Story as Portal: Healing, Regeneration, and Possibility After Genocide KAYHAN IRANI 15 ─ The Psychology of Bystanders, Perpetrators, and Heroic Helpers ERVIN STAUB About the Contributors Index

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Book SynopsisHighlights the ways in which genocide and enforced disappearances are intertwined - each centering on human rights violations. This book draws on insight and expertise of human rights advocates worldwide and each chapter is informed by in-depth study of a given country.Trade Review“By documenting the impact of victims who have turned activists and formed effective grassroots movements with global impact, Book of the Disappeared provides a roadmap for the reader who wants to become familiar with global movements for justice that had their roots in communities where these atrocities occurred. Any person interested in human rights, international justice, the voice of the silenced, etc. will be interested to read this book.” —Avideh Shashaani, President, Fund for the Future of our ChildrenTable of Contents Acknowledgements Artwork Introduction JENNIFER HEATH and ASRAF ZAHEDI Interlude: Index of the Disappeared CHITRA GANESH and MARIAM GHANI 1 ─ Latin America's Contributions to the Development of Institutional Responses to Enforced Disappearances ARIEL E. DULITZKY 2 ─ The Impact of Enforced Disappearance on Women AMRITA KAPUR Interlude: Between Two Rivers SAMA ALSHAIBI 3 ─ Iraq: Enforced Disappearance as a Tool of War DIRK ADRIAENSENS 4 ─ Extraordinary Rendition: A Human Rights Analysis DAVID WEISSBRODT Interlude: Abu Ghraib NANCY MARON 5 ─ Lives in Limbo: Afghanistan’s Epidemic of Disappearances DALAS MAZOORI and STEFAN SCHMITT 6 ─ Vanishing Nation: Enforced Disappearances in Syria SARETA ASHRAPH and NICOLETTE WALDMAN Interlude: Do Not Forget Us: La Tanssana HELEN ZUGHAIB 7 ─ Politics of Silence and Denial: 1988 Enforced Disappearances and Executions in Iran ASHRAF ZAHEDI Interlude: The Eyes YASSI GOLSHANI 8 ─ The Legacy of Wartime Rape in Bosnia and Herzegovina EDINA BEĆIREVIĆ and MAJDA HALIOVIĆ 9 ─ Genocide of the Rohingya AKILA RADHAKEISHNAN and ELENA SARVER Interlude: The Elephant and the Pond of Blood LEANG SECKON 10 ─ The Khmer Rouge Bureaucrats: Counting the Missing JAMES A. TYNER Interlude: Lynch Fragments MELVIN EDWARDS 11 ─ Our Resilient Bodies: The Role of Forensic Science and Medicine in Restoring the Disappeared to History SOREN BLAU Interlude: In Between/Underneath (Entremedio/Por Debajo) JONATHAN HERRERA SOTO 12 ─ Retributive or Restorative Justice: Gacaca Courts’ Contribution to Transitional Justice and Reconciliation in poet-Genocide Rwanda HILMI ZAWATI 13 ─ MIA: Disappearing Political Analysis in Transnational Justice VASUKI NESIAH Interlude: Stolen MORGAN C. PAGE 14 ─ Story as Portal: Healing, Regeneration, and Possibility After Genocide KAYHAN IRANI 15 ─ The Psychology of Bystanders, Perpetrators, and Heroic Helpers ERVIN STAUB About the Contributors Index

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Book SynopsisPresents the story of post-9/11 America and the nation's descent into the netherworld of prisoner abuse. This book describes events surrounding Guantanamo detainees capture, their years of incarceration, and the myriad difficulties preventing many from resuming a normal life upon returning home.Trade Review"Most of this succinct and worrying book is about detention itself, but an intriguing section goes on to look at ex-detainees trying to piece together the semblance of lives after their ordeal." -- Jeremy Harding London Review Of Books

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Book SynopsisTrade Review"With highly recognized contributors, including many with a great deal of practical experience, Human Rights Transformation in Practice merits a wide readership throughout the field of social science research into human rights." * Barbara Oomen, Utrecht University *"Human Rights Transformation in Practice takes on an important topic, which is at the leading edge of the anthropology of law and sociolegal studies: the question of how human rights travel and change. It is an outstanding contribution to the field, subjecting the ideas of vernacularization, translation, and transformation of human rights to close examination and reflection." * Ronald Niezen, McGill University *Table of ContentsPreface —Sally Engle Merry List of Abbreviations Introduction. On Travel, Translation, and Transformation —Tine Destrooper PART I. INITIATIVES BY FORMAL HUMAN RIGHTS NORM-SETTERS Chapter 1. The Escher-Human Rights Escalator: Technologies of the Local —Vasuki Nesiah Chapter 2. Accommodating Local Human Rights Practice at the UN Human Rights Council —Arne Vandenbogaerde Chapter 3. Human Rights-Based Approaches to Development: The Local, Travel, and Transformation —Wouter Vandenhole- PART II. INTERACTIONS BETWEEN SOCIAL MOBILIZATION AND LEGAL CLAIM-MAKING Chapter 4. Lost Through Translation: Political Dialectics of Ecosocial and Collective Rights in Ecuador —Johannes M. Waldmüller Chapter 5. Upstreaming or Streamlining? Translating Social Movement Agendas into Legal Claims in Nepal and the Dominican Republic —Samuel Martínez Chapter 6. New Visibilities: Challenging Torture and Impunity in Vietnam —Ken MacLean PART III. HUMAN RIGHTS PROGRAMS AND THE PROLIFERATION OF NONCONFRONTATIONAL METHODS Chapter 7. Rural-Urban Migration and Education in China: Unraveling Responses to Injurious Experiences —Ellen Desmet Chapter 8. Localization "Light": The Travel and Transformation of Nonempowering Human Rights Norms —Tine Destrooper Chapter 9. Global Rights, Local Risk: Community Advocacy on Right to Health in China—Sara L. M. Davis and Charmain Mohamed Afterword. Our Vernacular Futures —Mark Goodale List of Contributors Index Acknowledgments

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Book SynopsisTrade Review"Johannes Morsink has written a very useful book for scholars, researchers, and students. He presents short histories of the drafting of each Article of the Universal Declaration of Human Rights, drawn almost exclusively from extensive primary research. The reader has the chance to see how the framers debated various proposals and how they compromised on final wording." * Human Rights Review *Table of ContentsContents Preface A Note on Sources Preamble Operative Paragraph: Statement of Purpose Article 1. Born Free and Equal Article 2a. Nondiscrimination Article 2b. Colonialism and Systemic Racism Article 3. Life, Liberty, and Security of Person Article 4. Freedom from Slavery Article 5. Torture and Relativism Article 6. Person Before the Law Article 7. Equality Before the Law Article 8. Having Fundamental Rights Article 9. No Arbitrary Arrest Article 10. Fair Public Hearing Article 11. Innocence and Nuremberg Article 12. The Right to Privacy Article 13. Freedom of Movement and COVID-19 Article 14. The Right to Asylum Article 15. The Right to a Nationality and Statelessness Article 16. Marriage and the Family Article 17. Property and Essential Needs Article 18. Freedom of Thought, Conscience, and Religion Article 19. Information, Opinion, and Expression Article 20. Freedom of Assembly and Association Article 21. The Right to Participation in Government Article 22. Social (Security) Justice Article 23. The Right to Work Today Article 24. Rights to Rest and Leisure Article 25. Standard of Living and Social Security Article 26. The Right to an Education Article 27. Participation in Culture Article 28. The Right to a (Good) World Order Article 29. Duties as Limitations Article 30. Indestructible and Inherent Acknowledgments

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Book SynopsisThe effects of globalisation, together with the increase in foreign investment and resource development within the developing world, have created a context for human rights abuses by States in which transnational corporations are complicit.Trade Review‘This book will be an important resource for scholars and practitioners alike in the emerging field of business and human rights. Simon Baughen's careful and comprehensive analysis of the US and UK case law on corporate responsibility for human rights abuses is invaluable.’ -- Claire Methven O'Brien, The Danish Institute for Human Rights‘It is extremely satisfying to read such a professionally crafted piece of legal analysis.’ -- Alice De Jonge, Monash UniversityTable of ContentsContents: 1. Corporations and International Law 2. Suing in the US (1): Jurisdiction 3. Suing in the US (2): The Alien Tort Statute 1789 and Statutory Causes of Action 4. The ‘Law of Nations’ as a Cause of Action in the US 5. Tort Claims Against Transnational Corporations in the US 6. Tort Claims Against Transnational Corporations in the UK 7. Customary International Law as a Cause of Action Outside the US 8. Voluntary Codes and the UN Guiding Principles Conclusion Index

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Book SynopsisThis detailed book explores the relationship between intellectual property, competition and human rights.Trade Review‘. . . A great resource for courts at all levels, businesses and activists that hopefully by reading it will realize how implementing the Human Rights Emphasis could help courts, nations, and IP owners. -- Roxanne A. Stokes, Journal of High Technology Law‘. . . a book which ought to be taken seriously by practitioners as well as academics. . . Brown’s contribution is timely and important.’ -- Christopher Stothers, European Competition Law Review‘Abbe Brown’s new work provides a welcome and extremely valuable addition of the human rights dimension to the long standing conflict over essential technologies between intellectual property and competition law.’ -- Steven Anderman, University of Essex, UK and University of Stockholm, Sweden‘Much has been written on the flexibilities available within the intellectual property system to address development and social needs. This book goes a step further: it explores how greater access to essential technologies can be ensured through human rights and competition law. Although the analysis is focused on UK and the European Union, the book provides valuable insights for assessing the situation in other jurisdictions. The author suggests an innovative approach for courts and legislators to overcome, in the light of public interest considerations, the limits imposed by intellectual property rights. This book is a much welcomed contribution to academic and policy debates on the subject.’ -- Carlos M. Correa, University of Buenos Aires, Argentina‘Intellectual property interacts (or clashes?) with human rights and competition law. The refreshing bit about this book is that a detailed practical approach to the inevitable balancing act is proposed. Abbe Brown explains how a human rights approach is the cornerstone of such a balancing approach and how positive results can be achieved towards unblocking essential technologies. And it can be done in the existing international legal framework, even if the latter could be improved. Well-researched, challenging and interesting reading!’ -- Paul Torremans, University of Nottingham, UK‘Abbe Brown’s study starts from the assumption that IP right owners, particularly those of innovative technologies, dispose of a disproportionately strong legal position in relation to that of competitors and customers, which is detrimental to society at large. Brown investigates how the power of the IP right owners can be limited by applying existing human rights law and competition law. To that aim it is suggested to widen the legal landscape and to develop a more tripartite substantive approach to IP law, human rights law and competition law. Brown’s study offers a very welcome new contribution to the literature on the functioning of IP law, by stressing the joint role which competition law and human rights law can play in this respect.’ -- F. Willem Grosheide, Utrecht University and Attorney at law, Van Doorne Amsterdam, The NetherlandsTable of ContentsContents: Foreword by Charlotte Waelde 1. ‘The Essence of Intellectual Property Rights is the Right to Exclude’ 2. Problem and Solution? Some Introductions 3. Existing Links and Opportunities: Human Rights, Competition and Essential Technologies 4. An Existing Solution? The Judicial and Regulatory Interface between the Three Fields 5. Using Human Rights 6. Market Definition and Abuse: New Arguments for Access 7. Wider Perspectives 8. Conclusions Index

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Book SynopsisTable of ContentsContents: Preface 1. Discrimination against women: doctrine, practice, and the path forward 2. Gender-based violence as a form of discrimination 3. Intersectionality and the interconnectedness of discrimination: the case of indigenous women 4. Sexual orientation and gender identity 5. Women and times of emergency: the case of COVID-19 6. Due diligence in the contemporary world: the era of MeToo, non-state actors, and social protest 7. The challenging road to equality and the pursuit of non-discrimination 8. Sexual and reproductive rights: a gender equality and international law approach 9. Economic, social, and cultural rights of women 10. Women, the environment, and climate change 11. Women and the regional human rights protection systems 12. Women, culture, and religion 13. The human rights of women in the digital world Index

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Book SynopsisTrade Review‘Discrimination is both a root cause and a frequent consequence of armed conflict, and Dvaladze expertly examines the concepts and applicability of equality and non-discrimination protections in armed conflict from the lens of IHL and international human rights law. This book is a must-read for every IHL practitioner as it centralizes the protections of vulnerable populations at the heart of armed conflict!’ -- Christie J. Edwards, Head of Policy, Programmes and Legal, Geneva Call, Switzerland‘International humanitarian law (IHL) consists of plenty of distinctions. Many therefore thought that its prohibition of “adverse distinction” has a very different meaning than the human rights principle of non-discrimination. George Dvaladze proves to us that this is wrong and shows in detail when certain conduct in armed conflict, including in the conduct of hostilities, is actually discriminatory.’ -- Marco Sassòli, University of Geneva, SwitzerlandTable of ContentsContents: Introduction PART I GENERAL OVERVIEW OF IHL AND HUMAN RIGHTS GUARANTEES ON EQUALITY AND NON-DISCRIMINATION AND THEIR INTERPLAY 1 Overview of IHL guarantees on equality and non-discrimination 2 Overview of human rights guarantees on equality and non-discrimination and their applicability in armed conflict 3 Equality, adverse distinction and discrimination under IHL and human rights law PART II EQUALITY AND NON-DISCRIMINATION IN SPECIFC SITUATIONS 4 Adverse distinction in the treatment of persons in the power of a Party to an armed conflict 5 Adverse distinction in the conduct of hostilities General conclusion Bibliography Index

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Book SynopsisTrade Review‘The chapters in this Handbook present a comprehensive and sophisticated analysis of the wide-ranging initiatives of non-state actors to improve the human rights performance of global firms. An impressive and informative collaborative effort by two dozen distinguished scholars that tells us both what we now know and what we still need to learn about this important subject.’ -- David Vogel, University of California, Berkeley, US‘A remarkable work with an impressive line-up of experts from different fields which provides an in-depth analysis of a wide range of issues pertaining to the field of business and human rights. A must read for anyone interested or working in the field!’ -- Claire Bright, NOVA School of Law, PortugalTable of ContentsContents: 1 Global governance of business and human rights: introduction 1 Axel Marx, Kari Otteburn, Diana Lica, Geert van Calster and Jan Wouters 2 The United Nations Draft Treaty on Business and Human Rights: an analysis of its emergence, development and potential 21 Radu Mares 3 Business and human rights and regional systems of human rights protection: applying a governance lens 44 Claire Methven O’Brien 4 The United Nations Guiding Principles on Business and Human Rights: what contribution are the National Action Plans making? 75 Carmen Márquez Carrasco 5 Transparency and human rights in global supply chains: from corporate-led disclosure to a right to know 99 Olga Martin-Ortega 6 Human rights due diligence instruments: evaluating the current legislative landscape 120 Robert McCorquodale 7 Public procurement as an instrument to pursue human rights protection 142 Sope Williams-Elegbe 8 Voluntary standards for business and human rights: reviewing and categorizing the field 161 Andreas Rasche 9 The efficacy of voluntary standards, sustainability certifications, and ethical labels 176 Elizabeth A. Bennett 10 No ISO fix for human rights: a critical perspective on ISO 26000 guidance on social responsibility 204 Stéphanie Bijlmakers 11 Seeking remedies for corporate human rights abuses: what is the contribution of OECD National Contact Points? 228 Kari Otteburn and Axel Marx 12 Business and human rights: what role for National Human Rights Institutions? 253 Linda C. Reif 13 The role of Human Rights Ombudsman Institutions in business and human rights 273 Jernej Letnar Černič 14 Regulating human rights in the textile sector: smoke and mirrors 290 Justine Nolan 15 The electronics industry: governance of business and human rights against a background of complexity 311 Peter Pawlicki 16 Biotechnologies and concentration in the agro-biochemical-technological market: risks and challenges for human rights 333 Ana Luiza da Gama e Souza 17 Human rights and the global construction sector: deconstructing the challenges faced by low-wage workers 357 David Segall 18 Ensuring financial sector compliance with human rights: from the UNGPs to complicity 379 Marta Bordignon Index

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Book SynopsisThis timely book evaluates the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, otherwise called the Istanbul Convention, as part of ongoing debates on gender equality and human rights treaties compliance in Europe.

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Book SynopsisIn this thoroughly revised second edition editors BÃrd A. Andreassen, Claire Methven OâBrien and Hans-Otto Sano advance contemporary discussions on human rights methodology, bringing together an array of leading scholars to offer instruction and guidance on the methodological approaches to human rights research.

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Book SynopsisModern slavery is growing despite the introduction of laws to try to stem it. This is the first book critically to assess the legislation, using evidence from across the field, and to offer strategies for improvement in policy and practice.Trade Review"Timely and important… It is difficult to do justice to the breadth and depth of expertise, information and analysis in this densely packed book." Institute of Race Relations Weekly Digest, 22 May - 4 June 2019"A truly thought-provoking collection of chapters on the recent journey the U.K has been on with regard to modern slavery." David Gadd, Criminal Law and Criminal Justice Books"Combining diverse commentators dealing with 'modern slavery', this book provides a sweeping criticism of the UK response. Several years after the Modern Slavery Act was enacted, it's a timely call for improvement." Sasha Jesperson, Centre for the Study of Modern Slavery, St. Mary's UniversityTable of ContentsEditorial Introduction: The modern slavery agenda: politics, policy and practice ~ Gary Craig, Alex Balch, Hannah Lewis and Louise Waite; Modern slavery in global context: ending the political economy of forced labour and slavery ~ Aidan McQuade; The United Kingdom response to modern slavery: law, policy and politics ~ Ruth van Dyke; Defeating ‘Modern Slavery’, Reducing Exploitation?: the Organisational and Regulatory Challenge ~ Alex Balch; Class Acts? A comparative analysis of modern slavery legislation across the UK ~ Vicky Brotherton; Child trafficking in the UK ~ Chloe Setter; Human Trafficking- addressing the symptom, not the cause ~ Kate Roberts; Still Punishing the Wrong People: The Criminalisation of Potential Trafficked Cannabis Gardeners ~ Patrick Burland; Modern Slavery and Transparency in Supply Chains - the Role of Business ~ Colleen Theron; Migrant illegality, slavery and exploitative work ~ Louise Waite and Hannah Lewis; The UK’s approach to tackling modern slavery in a European context ~ Klara Skrivankova; Conclusion.

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Book SynopsisToday, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions on which the binary relies. The migrant/refugee binary is not just an innocuous shorthand—indeed, its power stems from the way in which it is painted as apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants to move toward more equitable advocacy for all border crossers.Trade Review"Crossing is a theoretically rich, historically informed, and empirically sweeping corrective to misleading narratives about forced versus voluntary migration and the legal realities they generate. Rebecca Hamlin excavates the deep harms done by imposing distorting categories on the diverse realities of migrant lives and shows us how better language and laws will benefit everyone."—Elizabeth F. Cohen, Syracuse University"A remarkable book. Hamlin applies deep insight and meticulous research to explore the expedient but misleading wisdom that sharply distinguishes refugees from migrants. This is essential reading for anyone eager for a pathbreaking and surely influential perspective on migration in the twenty-first century."—Hiroshi Motomura, UCLA School of Law"Hamlin's book indeed wakes interest for these aspects: what is that space called 'beyond binaries' like and how are we to navigate it without use of other concepts that make sense in relation to their origin?"—Aina Backman, Anthropology Book Forum"In this book, Rebecca Hamlin has skillfully brought into view the manifold consequences of the persistent migrant/refugee binary on policy, advocacy, and scholarship. Illuminating both its origins and effects, and offering impulses for challenging it, Crossing is set to become a key point of reference for those seeking to deconstruct the problematic binary 'migrant/refugee' logic – and potentially paves the way for a deconstruction of the logic of the border itself."—Silvester Schlebrügge, Ethnic and Racial StudiesTable of Contents1. The Migrant/Refugee Binary 2. Uneven Sovereignties 3. Academic Study 4. The United Nations High Commissioner for Refugees 5. The Global South 6. Arrivals in Europe 7. American Public Discourse 8. Beyond Binary Thinking

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Book SynopsisToday, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions on which the binary relies. The migrant/refugee binary is not just an innocuous shorthand—indeed, its power stems from the way in which it is painted as apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants to move toward more equitable advocacy for all border crossers.Trade Review"Crossing is a theoretically rich, historically informed, and empirically sweeping corrective to misleading narratives about forced versus voluntary migration and the legal realities they generate. Rebecca Hamlin excavates the deep harms done by imposing distorting categories on the diverse realities of migrant lives and shows us how better language and laws will benefit everyone."—Elizabeth F. Cohen, Syracuse University"A remarkable book. Hamlin applies deep insight and meticulous research to explore the expedient but misleading wisdom that sharply distinguishes refugees from migrants. This is essential reading for anyone eager for a pathbreaking and surely influential perspective on migration in the twenty-first century."—Hiroshi Motomura, UCLA School of Law"Hamlin's book indeed wakes interest for these aspects: what is that space called 'beyond binaries' like and how are we to navigate it without use of other concepts that make sense in relation to their origin?"—Aina Backman, Anthropology Book Forum"In this book, Rebecca Hamlin has skillfully brought into view the manifold consequences of the persistent migrant/refugee binary on policy, advocacy, and scholarship. Illuminating both its origins and effects, and offering impulses for challenging it, Crossing is set to become a key point of reference for those seeking to deconstruct the problematic binary 'migrant/refugee' logic – and potentially paves the way for a deconstruction of the logic of the border itself."—Silvester Schlebrügge, Ethnic and Racial StudiesTable of Contents1. The Migrant/Refugee Binary 2. Uneven Sovereignties 3. Academic Study 4. The United Nations High Commissioner for Refugees 5. The Global South 6. Arrivals in Europe 7. American Public Discourse 8. Beyond Binary Thinking

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

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Book SynopsisEPDF and EPUB available Open Access under CC-BY-NC-ND licence. In recent years, climate litigation has become an important subject of global scholarly and policy interest. However, developments within the Global South, particularly in Africa, have been largely neglected. This volume brings together an international team of contributors to provide a much-needed examination of climate litigation in Africa. The book outlines how climate litigation in Africa is distinct as well as pinpointing where it connects with the global conversation. Chapters engage with crucial themes such as human rights approaches to climate governance, corporate liability and the role of gender in climate litigation. Spanning a range of approaches and jurisdictions, the book challenges universal concepts around climate and the role of activism (including litigation) in seeking to advance climate governance.Table of Contents1. Africa, Climate Justice and the Role of the Courts – Kim Bouwer, Uzuazo Etemire, Tracy-Lynn Field and Ademola Oluborode Jegede Part 1: Legal Tools, Opportunities and Barriers 2. Towards a Risk-Thematic Approach for African Climate Litigation - Tracy-Lynn Field 3. State Duty to ‘Protect’ Rights and Legal Obstacles to Climate Litigation – Ademola Oluborode Jegede 4. Litigation against Coal-fired Power in South Africa: Lessons from and for global Climate Litigation to reduce Greenhouse Gas emissions – Nicole Loser 5. Climate Change Litigation in Civil Law African Countries: An Assessment of Barriers and Potentialities in Cameroon - Daniel Armel Owona Mbarga Part 2: Rights-Based Approaches 6. The Prospects and Challenges of Litigating Climate Change Before the African Regional Human Rights Bodies - Elsabe Boshoff 7. Climate Change Displacement Litigation in Africa: A Human Rights and Refugee Law-Based Approach – Judge John Mativo 8. The Vulnerability of African Indigenous Peoples Meteorological Knowledge in the Climate Change Debate – Fiona Batt 9. Rights-Based Climate Change Litigation against Private Actors – Pia Rebelo 10. Different Roads to the Same Destination: Climate Change Litigation in South Africa and the Netherlands and the Role of Human Rights in the Mitigation of Climate Change – Sanita van Wyk Part 3: Justice, Equity and Activism 11. Climate Change and Multinationals in Nigeria: A Case for Climate Justice - Eghosa O. Ekhator 12. Law and Climate Change in North African Countries: Morocco as a Case Study - Riyad Fakhri and Youness Lazrak Hassouni 13. Climate Litigation in South Africa and Nigeria: Legal Opportunities and Gender Perspectives - Pedi Obani 14. Future citizens: Intergenerational Equity in Climate Activism - Bright Nkrumah

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Book SynopsisBy 2015, four years after the dawn of the Arab Spring, the prospects of a unifying political reform narrative in the Arab World were noticeably dwindling. The unprecedented opportunity for a regional workshop of reform and state building had stalled, with Islamist movements more anxious about questions of identity and religious ethics, and with the old guards of the “deep state” establishments (mainly military or religious personnel) countering the revolutions, rather than being concerned with constitutionalism. Generally, both incoming governments and governments clinging to a single thread trying to fight the tides of change, have lapsed to reliance on police power to curtail protests, thus raising crucial questions, whether “orientalist” or otherwise intentionally regressive: Have post-revolution events proved that the Middle East is incompatible with democracy and international human rights standards? Would entrenching such concepts in the Middle East be doomed to fail? The book will examine these questions as they unfolded during the Arab Spring, which sparked in January 2011, first in Tunisia, and then to six other Arab countries, including the most populous one, Egypt. Human Rights and the Arab Spring will highlight, analyze, and contrast, from a “human rights law” perspective, the situation in Tunisia – the success model of the Arab Spring – before and after the “Jasmine Revolution,” and in Egypt, the Arab Spring’s most notable failure – before the 2011 revolution and after the subsequent “counter-revolution,” which was led by the military establishment. The book’s ultimate goal is to make a case for a contemporary Arabian Magna Carta, a durable legal document that can be used to hold people in power (whether monarchs or dynastic “monarchical presidencies”) to account, in order to build a legal foundation for the democratization, liberalization, and possibly the secularization of the region, or at least greater respect for international human rights laws and standards.

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Book SynopsisThe book sets out to interrogate and challenge many of the distinctions drawn in the human rights discourse; but it also highlights and critiques the different and incomplete ways in which legal philosophers and international lawyers see human rights. These issues are dealt with by some of the leading - and most readable - authors in the field.'- Christof Heyns, University of Pretoria, South Africa and UN Special Rapporteur on extrajudicial, summary or arbitrary executions'This volume will make a lasting contribution to how we address the dilemmas that human rights theory and practice encounter - for instance, between democracy and human rights, negative and positive rights, or individual and group rights. Philosophers have become indispensable to lawyers' arguments about why human rights matter, and how they must be interpreted: this book superbly illustrates why.'- Olivier De Schutter, University of Louvain, Belgium and United Nations Special Rapporteur on the right to foodReflecting on the various dichotomies through which human rights have traditionally been understood, this book takes account of recent developments in both theories of rights and in international human rights law to present new ways of thinking about some long-standing problems.Leading legal and political philosophers, social theorists and scholars of international law discuss traditional dilemmas and taxonomies in human rights theory, engaging with contemporary scholarship and current practice. The book examines various tensions, such as those between legal and moral rights, positive and negative rights, universal and particular rights, and group and individual rights.Encouraging new thinking about conventional understandings of human rights, this book will strongly appeal to international lawyers, legal and political philosophers, as well as graduate students and upper-level undergraduate students in law and philosophy.Contributors: T. Campbell, P. Emerton, D. Ivison, D. Kinley, E. MacDonald, S. Marks, J. Mowbray, T. Pogge, W. Sadurski, J. Waldron, N. Walker, K. WaltonTrade Review‘The book sets out to interrogate and challenge many of the distinctions drawn in the human rights discourse; but it also highlights and critiques the different and incomplete ways in which legal philosophers and international lawyers see human rights. These issues are dealt with by some of the leading – and most readable – authors in the field.’ -- Christof Heyns, University of Pretoria, South Africa and UN Special Rapporteur on extrajudicial, summary or arbitrary executions‘This volume will make a lasting contribution to how we address the dilemmas that human rights theory and practice encounter – for instance, between democracy and human rights, negative and positive rights, or individual and group rights. Philosophers have become indispensable to lawyers' arguments about why human rights matter, and how they must be interpreted: this book superbly illustrates why.’ -- Olivier De Schutter, University of Louvain, Belgium and United Nations Special Rapporteur on the right to foodTable of ContentsContents: Preface David Kinley, Wojciech Sadurski and Kevin Walton 1. Human Rights: Moral or Legal? Tom Campbell 2. Human Rights as Moral Rights Kevin Walton 3. Are We Violating the Human Rights of the World’s Poor? Thomas Pogge 4. Human Rights and Political Agency: On Pogge’s Analysis of Human Rights Violations Today Duncan Ivison 5. Universalism and Particularism in Human Rights: Trade-off or Productive Tension? Neil Walker 6. The Particularism of Human Rights Discourse Patrick Emerton 7. Democracy and Human Rights: Good Companions Jeremy Waldron 8. Recasting the Relationship: Human Rights, Democracy and Constitutionalism as Material Topoi of Legitimacy Euan MacDonald 9. Autonomy, Identity and Self-knowledge: A New ‘Solution’ to the Liberal-Communitarian ‘Problem’? Jacqueline Mowbray 10. Four Human Rights Myths Susan Marks 11. Where Hope Meets Expectation between Human Rights Idealism and Pragmatism David Kinley Index

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Book SynopsisThis research review discusses traditional and contemporary works by leading scholars in international humanitarian law. It investigates the major themes of the field including the development of international humanitarian law, human rights law, international criminal law, gender-related violence in armed conflict, the changing nature of occupation and cyber war.Table of ContentsContents: Introduction John Cerone PART I Introductory materials A. The Classical Period 1. Hugo Grotius ([1625] 1901), ‘What is Lawful in War’, ‘On the Right of Killing an Enemy in Lawful War, and Committing Other Acts of Hostility’, ‘On the Right to Lay Waste an Enemy’s Country, and Carry off his Effects’, ‘On the Right Over Prisoners of War’, ‘The Right of Killing Enemies, In Just War, To Be Tempered with Moderation and Humanity’, ‘On Moderation in Despoiling an Enemy’s Country’, ‘On Moderation in Making Captures in War’, in The Rights of War and Peace, Including the Law of Nature and of Nations’, Book III, Chapter I, Chapter IV, Chapter V, Chapter VII, Chapter XI, Chapter XII and Chapter XIII [Translated by Archibald Colin Campbell], Washington, DC: M. Walter Dunne, 290–306, 323–331, 332–333, 345–347, 359–364, 365–368, 369–371 B. The Development of International Humanitarian law 2. Frits Kalshoven (1987), ‘The Main Currents: Geneva, The Hague, New York’, in Constraints on the Waging of War, 1st Edition, Chapter 2, Geneva, Switzerland: International Committee of the Red Cross, 7–23 C. The Role of the International Committee of the Red Cross 3. Steven R. Ratner (2011), ‘Law Promotion Beyond Law Talk: The Red Cross, Persuasion, and the Laws of War’, European Journal of International Law, 22 (2), 459–506 PART II Basic Principles A. Scope of Application 4. G. Abi-Saab (1979), ‘The Legal Status of Wars of National Liberation,’ in Wars of National Liberation in the Geneva Conventions and Protocols: Collected Courses of the Hague Academy of International Law 165, Chapter 1, Leiden, the Netherlands: Martinus Nijhoff Publishers, 366–92 5. Theodor Meron (2000), ‘The Humanization of Humanitarian Law’, American Journal of International Law, 94 (2), April, 239–78 6. Hans-Peter Gasser (2002), ‘Acts of Terror, ‘’Terrorism’’ and International Humanitarian Law’, International Review of the Red Cross, 84 (847), September, 547–70 7. Tristan Ferraro (2012), ‘Determining the Beginning and End of an Occupation under Humanitarian Law’, International Review of the Red Cross, 94 (885), Spring, 133–63 B. Distinction and Proportionality 8. Frits Kalshoven (1977), ‘Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts: The Diplomatic Conference, Geneva, 1974–1977’, Netherlands Yearbook of International Law, VIII, 107–35 9. Georg Nolte (2010), ‘Thin or Thick? The Principle of Proportionality and International Humanitarian Law’, Law and Ethics of Human Rights, 4 (2), September, 245–55 10. Michael N. Schmitt (2010), ’The Interpretive Guidance on the Notion of Direct Participation in Hostilities, A Critical Analysis’, Harvard National Security Journal, 1, May, 5–44 11. Nils Melzer (2010), ‘Keeping the Balance between Military Necessity and Humanity: A Response to Four Critiques of the ICRC’s Interpretive Guidance on the Notion of Direct Participation in the Hostilities’, New York University Journal of International Law and Politics 42 (3), Spring, 831–916 C. Combatant Status 12. Major Richard R. Baxter (1951), ‘So-Called “Unprivileged Belligerency": Spies, Guerrillas, and Saboteurs’, British Year Book of International Law, 28, 323-45 13. Charles H.B. Garraway (2007), ‘”Combatants” - Substance or Semantics?’ in M.N Schmitt and J. Pejic (eds), International Law and Armed Conflict: Exploring the Faultlines, Essays in Honour of Yoram Dinstein, Leiden, the Netherlands: Martinus Nijhoff Publishers, 317–34 14. Robert K. Goldman and Brian D. Tittemore (2002), ‘Unprivileged Combatants and the Hostilities in Afghanistan: Their Status and Rights Under International Humanitarian and Human Rights Law’, American Society of International Law Task Force on Terrorism, December, 1–57 PART III Relationships with other bodies of international law A. International Humanitarian Law and International Human Rights Law 15. Françoise J. Hampson (2008), ‘The Relationship between International Humanitarian Law and Human Rights Law from the Perspective of a Human Rights Treaty Body’, International Review of the Red Cross, 90 (871), September, 549-–72 16. John Cerone (2007), ‘Jurisdiction and Power: The Intersection of Human Rights Law and the Law of Non-International Armed Conflict in an Extraterritorial Context’, Israel Law Review, 40 (2), 396–452 B. International Humanitarian Law, International Criminal Law, and Non-State Actors 17. John Cerone (2009), ‘Much Ado about Non-State Actors: The Vanishing Relevance of State Affiliation in International Criminal Law’, San Diego International Law Journal, 10, May, 335–56 PART IV Contemporary Developments and Controversies A. Gender-Related Violence in Armed Conflict 18. Kelly D. Askin (2003), ‘Prosecuting Wartime Rape and Other Gender- Related Crimes under International Law: Extraordinary Advances, Enduring Obstacles’, Berkeley Journal of International Law, 21 (2), 288–349 B. The Changing Nature of Occupation 19. Marco Sassòli (2005), ‘Legislation and Maintenance of Public Order and Civil Life by Occupying Powers’, European Journal of International Law, 16 (4), September, 661–94 20. Carsten Stahn (2007), ‘“Jus ad Bellum”, “Jus in Bello”… “Jus post Bellum?”’, Rethinking the Conception of the Law of Armed Force’, European Journal of International Law, 17 (5), 921–43 21. Kenneth Watkin (2012), ‘Use of Force during Occupation: Law Enforcement and Conduct of Hostilities’, International Review of the Red Cross, 94 (885), Spring, 267–315 C. Targeted Killings 22. David Kretzmer (2005), ‘Targeted Killing of Suspected Terrorists: Extra-Judicial Executions or Legitimate Means of Defence?’, European Journal of International Law, 16 (2), April, 171–212 23. Mary Ellen O’Connell (2011), ‘Remarks: The Resort to Drones Under International Law’, Denver Journal of International Law and Policy, 39 (4), Fall, 585–600 D. Cyber War 24. Knut Dörmann (2005), ‘The Applicability of the Additional Protocols to Computer Network Attacks: An ICRC Viewpoint’, in Karin Byström (ed.), International Expert Conference on Computer Network Attacks and the Applicability of International Humanitarian Law, Stockholm, Sweden: Swedish Ministry for Foreign Affairs, 139–53 Index

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Book SynopsisThe question of whether non-state actors have human rights obligations is ultimately dependent on what we mean when we speak of human rights and what entities we consider to be non-state actors. Focusing the debate, this important collection presents an essential set of contributions which address these questions.This research review provides the context for the selection of papers that, first offer a general overview, and then a focus on the roles and impact of national legal orders, international organizations, corporations and rebel groups. This title is essential reading for anyone interested in the fast-moving developments related to the ways human rights law now applies to non-state actors.Table of ContentsContents: Acknowledgements Introduction Andrew Clapham PART I GENERAL 1. Andrew Clapham (2010), ‘Non-State Actors’ 2. Zehra F. Kabasakal Arat (2006), ‘Looking beyond the State But Not Ignoring It’ 3. Christine Chinkin (1998), ‘International Law and Human Rights’ 4. Robert McCorquodale (2010), ‘Non-state Actors and International Human Rights Law’ 5. Jan Arno Hessbruegge (2005), ‘Human Rights Violations Arising from Conduct of Non-State Actors’ 6. Manisuli Ssenyonjo (2008), ‘The Applicability of International Human Rights Law to Non-State Actors: What Relevance to Economic, Social and Cultural Rights?’ 7. Aoife Nolan (2009), ‘Addressing Economic and Social Rights Violations by Non-state Actors through the Role of the State: A Comparison of Regional Approaches to the ‘Obligation to Protect’ 8. Bonita C. Meyersfeld (2009), ‘Opuz v Turkey: Confirming the State Obligation to Combat Domestic Violence’ PART II NATIONAL LEGAL ORDERS 9. Mark Tushnet (2003), ‘The Issue of State Action / Horizontal Effect in Comparative Constitutional Law’ 10. Aharon Barak (2001), ‘Constitutional Human Rights and Private Law’ 11. Dawn Oliver and Jörg Fedtke (2007), ‘Comparative Analysis’ PART III INTERNATIONAL ORGANIZATIONS 12. Institute of International Law (2003), ‘The Application of International Humanitarian Law and Fundamental Human Rights in Armed Conflicts in Which Non-State Entities are Parties: Berlin Resolution of 25th August 1999 (commentary de Robert Kolb) Collection “Résolutions” No. 1’ 13. Marko Milanović and Tatjana Papić (2009), ‘As Bad as it Gets: The European Court of Human Rights’s Behrami and Saramati Decision and General International Law’ 14. Ralph Wilde (2008), ‘Understanding the International Territorial Administration Accountability Deficit: Trusteeship and the Legitimacy of International Organizations’ PART IV CORPORATIONS 15. David Weissbrodt (2005), ‘Business and Human Rights’ 16. Odette Murray, David Kinley and Chip Pitts (2011), ‘Exaggerated Rumours of the Death of an Alien Tort? Corporations, Human Rights and the Remarkable Case of Kiobel’ 17. John Ruggie (2011), ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework’ 18. José E. Alvarez (2011), ‘Are Corporations “Subjects” of International Law?’ 19. John H. Knox (2008), ‘Horizontal Human Rights Law’ 20. International Commission of Jurists (2008) ‘Report of the International Commission of Jurists Expert Legal Panel on Corporate Complicity in International Crimes’ 21. Harold Hongju Koh (2004), ‘Separating Myth from Reality About Corporate Responsibility Litigation’ 22. David Scheffer and Caroline Kaeb (2010), ‘The Five Levels of CSR Compliance: The Resiliency of Corporate Liability under the Alien Tort Statute and the Case for a Counterattack Strategy in Compliance Theory’ 23. Brief for the United States as Amicus Curiae Supporting Petitioners (2011), Esther Kiobel, individually and on behalf of her late husband, Dr. Barinem Kiobel, et al., petitioners v. Royal Dutch Petroleum Co., et al, the Supreme Court of the United States of America 24. Brief of the Governments of the United Kingdom of Great Britain and Northern Ireland and the Kingdom of the Netherlands as Amici Curiae in Support of the Respondents (2012), Esther Kiobel, et al., Petitioners, v. Royal Dutch Petroleum Co., et al., Respondents, the Supreme Court of the United States of America 25. Brief Amici Curiae of Former UN Special Representative for Business and Human Rights, Professor John Ruggie; Professor Philip Alston; and the Global Justice Clinic at NYU School of Law in Support of Neither Party (2012), Esther Kiobel, et al., Petitioners v. Royal Dutch Petroleum Co., et al., Respondents, the Supreme Court of the United States of America PART V REBEL GROUPS 26. Nigel S. Rodley (1993), ‘Can Armed Opposition Groups Violate Human Rights?’ 27. Sandesh Sivakumaran (2006), ‘Binding Armed Opposition Groups’ 28. Frederick Rawski (2009), ‘Engaging with Armed Groups: A Human Rights Field Perspective from Nepal’ 29. Marco Sassòli and Laura M. Olson (2008), ‘The Relationship Between International Humanitarian Law and Human Rights Law Where it Matters: Admissible Killing and Internment of Fighters in Non-international Armed Conflicts’ 30. Sandesh Sivakumaran (2009), ‘Courts of Armed Opposition Groups: Fair Trials or Summary Justice?’

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Book SynopsisInternational criminal justice indeed is a crowded field. But this edited collection stands well above the crowd. And it does so with dignity. Through interdisciplinary analysis, the editors skillfully turn shibboleths into intrigues. Theirs is a kaleidoscopic project that scales a gamut of issues: from courtroom discipline, to gender, to the defense, to history. Through vivid deployment of unconventional methods, this edited collection unsettles conventional wisdom. It thereby pushes law and policy toward heartier horizons.'- Mark A. Drumbl, Washington and Lee University, School of Law, USInternational criminal justice as a discipline throws up numerous conceptual issues, engaging disciplines such as law, politics, history, sociology and psychology, to name but a few. This book addresses themes around international criminal justice from a mixture of traditional and more radical perspectives.While law, and in particular international law, is at the heart of much of the discussion around this topic, history, sociology and politics are invariably infused and, in some aspects of international criminal justice, are predominant elements. Fundamentally the exploration concerns questions of coherence and legitimacy, which are foundational to both the content and application of the discipline, and the book charts an illuminating path through these diverse perspectives. The contributions in this book come from some of the eminent scholars and practitioners in the area, and will provide some profound insight into and an enriched understanding of international criminal justice, helping to advance the field of study.This ambitious and necessary book will appeal to academics and students of international criminal law, international criminal justice, international law, transitional justice and comparative criminal law, as well as practitioners of international criminal law.Contributors include: G. Boas, I. Bonomy, R. Cryer, H. Durham, S. Garkawe, M. Ierace, P. Morrissey, J. Potter, B. Saul, M. Scharf, G. Simpson, G. SkillenTrade ReviewThe editors and contributors provide important perspectives on international criminal justice, its origins, its current effectiveness and shortcomings, and a glimpse of future challenges. The topic - and the reader - benefit from the book's multidisciplinary approach. --Chris Jenks, American Society of International LawTable of ContentsContents: Preface 1. What is International Criminal Justice? Gideon Boas 2. Order in the Courtroom: The Unique Challenge of Maintaining Control of a War Crimes Trial Michael P. Scharf 3. Making War Crimes Trials Work – Balancing Fairness and Expedition Iain Bonomy 4. Applied Rights in International Criminal Law: Defence Counsel and the Right to Disclosure Peter Morrissey 5. Complexities in Prosecuting International Crimes: The ICC Libyan Warrants Mark Ierace 6. International Criminal Justice and the Past Gerry Simpson 7. International Criminal Justice in Historical Context: The Post-Second World War Trials and Modern International Criminal Justice Robert Cryer 8. Terrorism and International Criminal Law: Questions of (in)Coherence and (il)legitimacy Ben Saul 9. The International Criminal Court and the Complexities of International Criminal Justice James Potter 10. Women and International Criminal Law: Steps Forward or Dancing Backwards Helen Durham 11. Have Recent Changes Designed to Benefit Victims of International Crimes Added to the Legitimacy of International Criminal Justice? Sam Garkawe 12. International Criminal Justice and Military Perspectives Geoffrey Skillen Index

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Book SynopsisThis collection addresses human rights and development for researchers, policymakers and activists at a time of major challenges. ‘Critical issues’ in the title signifies both the urgency of the issues and the need for critical rethinking. After exploring the overarching issues of development and economic theory, gender, climate change and disability, the book focuses on issues of technology and trade, education and information, water and sanitation, and work, health, housing and food.The chapters then examine how to operationalize human rights in development through accountability, the right to development, indicators and the Sustainable Development Goals. The conclusion proposes international standards and social mobilization for human rights and sustainable development as normative and policy-oriented tools for addressing the climate emergency, the coronavirus pandemic, social inequality, racial injustice, and the rise of populist authoritarianism and for advancing social justice and the equal value of all human beings.This book is of interest to students of development and human rights studies, international relations, international law and contemporary social issues, as well as professionals working at government, intergovernmental and civil society organizations dealing with these issues.Table of ContentsContents: General introduction and overview to Critical Issues in Human Rights and Development 1 PART I THE INTERSECTING PARADIGMS OF HUMAN RIGHTS AND DEVELOPMENT 1 Development theories, old and new and their implications for human rights 10 Balakrishnan Rajagopal 2 Economics and human rights perspectives on development: tensions and compatibilities 21 Stephen P. Marks and Ajay Mahal 3 Gender in development 46 Celestine Nyamu Musembi 4 Climate change, development and human rights 66 Stephen Humphreys 5 A human rights perspective on disability-inclusive development 86 Michael Ashley Stein and Janet E. Lord PART II CRITICAL SOCIAL ISSUES OF DEVELOPMENT FROM A HUMAN RIGHTS PERSPECTIVE 6 Transfer of technology and access to scientific knowledge and applications 108 Calestous Juma 7 Education rights as part of rights-based development 130 David Archer 8 Water and sanitation 152 Sharmila L. Murthy 9 Health priorities for sustainable development 186 Lisa E. Sachs and Jeffrey D. Sachs 10 The human right to adequate housing and land: guaranteeing the dignity to dwell 213 Miloon Kothari 11 Food and nutrition 239 Deborah Hines 12 Right to information 261 Aruna Roy and Suchi Pande 13 Work and conditions of work 282 Gerald B. Rodgers PART III OPERATIONALIZING HUMAN RIGHTS IN DEVELOPMENT 14 Trade, development and human rights 301 Gillian Moon 15 Accountability and human rights 331 Varun Gauri 16 The past and future of the right to development 347 Stephen P. Marks and Rajeev Malhotra 17 Human rights indicators in development: definitions, relevance and current trends 368 Siobhán McInerney-Lankford and Hans-Otto Sano 18 Human rights and the 2030 development agenda 395 Paul Nelson Index

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Book SynopsisThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in armed conflicts across the world.Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts - Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms - the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.Contributors include: G. Bartolini, P. Benvenuti, M. Bothe, A.A. Cançado-Trindade, E. Cannizzaro, J. d'Aspremont, E. David, F. De Vittor, G. Distefano, T. Ferraro, G. Gaggioli, R. Giuffrida, R.K. Goldman, V. Gowlland-Debbas, A.-L. Graf-Brugère, H.-J. Heintze, J.-M. Henckaerts, M. Hertig Randall, I. Ingravallo, W. Kälin, R. Kolb, S. Krähenmann, D. Kuwali, L. Moir, M. Nowak, D. Scalia, E. Schwager, D.L. Tehindrazanarivelo, H. Tigroudja, C. Tomuschat, G. Torreblanca, E. Tranchez, L. Vierucci, C. WiesenerTrade ReviewResearch Handbook on Human Rights and Humanitarian Law examines the interplay between international human rights laws and humanitarian laws, and considers issues involved in their application to armed conflicts around the world. . . college-level students of law and international rights will find it packed with original research and examples from some of the best researchers and thinkers in the field. . . a powerful survey especially recommended for any college-level law library strong in international human rights issues.' --The Midwest Book Review'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' --Marco Pedrazzi, University of Milan, Italy'Overall, this compendium represents a triumph of thoroughness, dealing with the overlap, contrast, and conflict between IHL and IHRL - as well as their respective relationships with other disciplines - from a variety of angles. . . Students wishing to deepen their Knowledge of human rights, humanitarian law and their points of contact will not be disappointed when selecting this volume from the shelf.' --Ciarán Burke, Journal of International Humanitarian Legal StudiesTable of ContentsContents: Preface PART I: HISTORICAL BACKGROUND 1. The History of International Human Rights Law Maya Hertig Randall 2. Human Rights Law and International Humanitarian Law between 1945 and the Aftermath of the Teheran Conference of 1968 Robert Kolb 3. Theories on the Relationship between International Humanitarian Law and Human Rights Law Hans-Joachim Heintze 4. The Position of Individuals in Public International Law through the Lens of Diplomatic Protection: The Principle and its Transfiguration Giovanni Distefano PART II: COMMON ISSUES 5. The Relationship between International Human Rights and Humanitarian Law: An Overview Vera Gowlland-Debbas and Gloria Gaggioli 6. Extraterritorial Application of the Human Rights to Life and Personal Liberty, Including habeas corpus, During Situations of Armed Conflict Robert K. Goldman 7. Proportionality in the European Convention on Human Rights Enzo Cannizzaro and Francesca De Vittor 8. Human Rights Obligations of Non-state Armed Groups: A Possible Contribution from Customary International Law? Jean-Marie Henckaerts and Cornelius Wiesener 9. Positive Obligations in Human Rights Law During Armed Conflicts Sandra Krähenmann 10. Some Reflections on the Principle of Humanity in its Wide Dimension Antônio Augusto Cançado Trindade 11. Specificities of Human Rights Law and International Humanitarian Law Regarding State Responsibility Christian Tomuschat 12. The Quest for a Non-conflictual Coexistence of International Human Rights Law and Humanitarian Law: Which Role for the lex specialis Principle? Jean d’Aspremont and Elodie Tranchez 13. A lex favorabilis? Resolving Norm Conflicts between Human Rights Law and Humanitarian Law Anne-Laurence Graf-Brugère PART III: THE NEED FOR A COMBINED APPROACH 14. The Law of Occupation and Human Rights Law: Some Selected Issues Tristan Ferraro 15. Humanitarian Assistance to Protect Human Rights and International Humanitarian Law Roberto Giuffrida 16. The Prohibition of Enforced Disappearances: A Meaningful Example of a Partial Merger between Human Rights Law and International Humanitarian Law Gloria Gaggioli 17. ‘Humanitarian Rights’: How to Ensure Respect for Human Rights and Humanitarian Law in Armed Conflicts Dan Kuwali 18. Human Rights Law and International Humanitarian Law as Limits for Security Council Action Michael Bothe 19. UN Territorial Administrations: Between International Humanitarian Law and Human Rights Law Ivan Ingravallo 20. International Humanitarian Law and Human Rights Rules in Agreements Regulating or Terminating an Internal Armed Conflict Luisa Vierucci PART IV: MONITORING MECHANISMS 21. Universal Human Rights Bodies and International Humanitarian Law Walter Kälin 22. The Inter-American Court of Human Rights and International Humanitarian Law Hélène Tigroudja 23. The European Court of Human Rights and International Humanitarian Law Lindsay Moir 24. The African Union and International Humanitarian Law ‪Djacoba Liva Tehindrazanarivelo 25. A New World Court of Human Rights: A Role for International Humanitarian Law? Manfred Nowak 26. The International Committee of the Red Cross and Human Rights Law ‪Godofredo Torreblanca 27. The International Humanitarian Fact-Finding Commission and the Law of Human Rrights Eric David 28. Human Rights in the Context of International Criminal Law: Respecting Them and Ensuring Respect for Them Damien Scalia 29. Is There a Need for New International Humanitarian Law Implementation Mechanisms? Paolo Benvenuti and Giulio Bartolini 30. Reparation for Individual Victims of Armed Conflict Elke Schwager Index

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Book SynopsisThe ongoing refugee and migrant crisis in Europe has accelerated the need to find answers for refugee movements. Refugees, Regionalism and Responsibility examines regional cooperation as a potential solution. Through a thorough assessment of past and present regional arrangements concerning refugees, this book considers whether regionalism has resulted in protection and durable solutions for both refugees and participating states.Penelope Mathew and Tristan Harley critically examine the merits of regional approaches to refugee protection through a detailed examination of five major regions of the world and five regional arrangements. As well as drawing attention to the strengths and weaknesses of regional arrangements on a practical level, this book explores the normative debates regarding refugee protection as a moral imperative, deliberating on why and how responsibility for refugee protection should be shared. It concludes by advocating changes at both regional and global levels to ensure better refugee protection and equitable responsibility-sharing among countries.This comprehensive and contemporary work will interest both academics and students specializing in law, human rights or the political sciences as well as those studying philosophy who specialize in the study of forced migration. Its eminently practical approach also makes this book prime readership for human rights defenders and advocates as well as policy makers and legislators in the fields of refugee protection and forced migration.Trade Review'At a time when the Syrian refugee crisis is engulfing the EU, regional cooperation frameworks for refugee protection are increasingly being seen as the only fitting response to refugee movements. Yet, current examples such as the EU's agreement with Turkey, which came into effect in April 2016, has shown how intractable any regional solution to refugee problems is today. Under this, asylum-seekers returned from Greece are being deported back to their countries without their claims being assessed. This is in stark violation of the fundamental principles of the Refugee Convention. This comprehensive and timely study by renowned experts in the field helps us understand the proper role and function of regional cooperation agreements in a world riven with instability and economic chaos. This is an indispensable work. No one interested in understanding refugee law can afford to be without it.' --Satvinder Juss, King's College London, UKTable of ContentsContents: Introduction PART I REGIONALISM, RESPONSIBILITY AND RESPONSIBILITY-SHARING 1. Regionalism and Refugee Protection 2. The Responsibility of States to Protect Refugees 3. Sharing Responsibility Among States PART II PAST AND PRESENT REGIONAL ARRANGEMENTS FOR REFUGEES 4. The Comprehensive Plan of Action for Indochinese Refugees 5. The International Conferences on Assistance to Refugees in Africa 6. The International Conference on Central American Refugees 7. The Common European Asylum System 8. The Mexico Declaration and Plan of Action and Cartagena+ 9. Lessons Learned Index

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Book SynopsisMigration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.The book examines the many facets of migration from an international law perspective. Topics discussed include the relationship between migration and state sovereignty, the human rights of migrants, human trafficking, migrant workers, refugees and internal displacement. The expert contributors hail from a number of diverse international law backgrounds (including refugee law, human rights law, humanitarian law, labor law, WTO law and others), allowing them to synthesize many different perspectives and present a comprehensive, cohesive and timely study of a complicated and fractured topic.The Research Handbook on International Law and Migration provides a critical examination of migration and international law, identifying the issues still to be tackled and suggesting further developments to be made. It will appeal to advanced and postgraduate students, academics and policymakers.Contributors: T.A. Aleinikoff, I. Atak, H. Battjes, V. Chetail, R. Cohen, F. Crépeau, C. Dauvergne, M. Duchatellier, T. Gammeltoft-Hansen, G. Gilbert, E. Guild, W. Kälin, H. Lambert, S.H. Legomsky, B. Lyon, L.A. Nessel, H. O'Nions, S. Ojeda, C. Phuong, R. Piotrowicz, J. Rhodes, P.J. Spiro, H. Storey, J.P. Trachtman, W. Vandenhole, A. Vermeer-Künzli, J. Vedsted-Hansen, R.M.M. Wallace, D. Weissbrodt, M. ZieckTrade Review‘This book, offers an outstanding collection of learned essays from over thirty expert contributors – including the editors – from top universities, government bodies and institutions worldwide. . . In this volume of almost 700 pages, there is much food for thought for the researcher and an almost endless supply of valuable references in the copious footnoting throughout. What a time saver! Additionally, there’s a detailed index of almost twenty-three pages at the back. From graduate students, to seasoned international practitioners, anyone involved in the often extremely difficult human rights issues generated by migration will appreciate the book’s practical as well as scholarly approach to this sensitive, diverse and increasingly complex area of law. The book therefore makes an important contribution to current literature on the subject.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘This comprehensive volume succeeds in its aim to solidify the place of international migration law as a distinctive field of study and intellectual engagement, and this book represents a must-read for any student, scholar, or policy-maker interested in the cutting edge and wide-ranging issues and topics within this burgeoning field.’ -- Michelle Foster, Journal of Refugee StudiesTable of ContentsContents: 1. The Transnational Movement of Persons under General International Law: Mapping the Customary Law Foundations of International Migration Law Vincent Chetail PART I: CONFRONTING REALITIES IN TIMES OF GLOBALISATION: THE MOVE OF PEOPLE AND STATE SOVEREIGNTY 2. Irregular Migration, State Sovereignty and the Rule of Law Catherine Dauvergne 3. National Security, Terrorism and the Securitization of Migration Idil Atak and François Crépeau 4. Extraterritorial Migration Control and the Reach of Human Rights Thomas Gammeltoft-Hansen 5. Smuggling and Trafficking of Human Beings Ryszard Piotriowicz 6. The Removal of Irregular Migrants in Europe and America Stephen H. Legomsky PART II: HUMAN RIGHTS, ALIENHOOD AND CITIZENSHIP: IDENTIFYING THE GLOBAL NORMATIVE FRAMEWORK 7. Detention of Migrants: Harsher Policies, Increasing International Law Protection Beth Lyon 8. Family Unity in Migration Law: The Evolution of a More Unified Approach in Europe Hélène Lambert 9. Migration and Discrimination: Non-Discrimination as Guardian against Arbitrariness or Driver of Integration? Wouter Vandenhole 10. Minority and Cultural Rights of Migrants Helen O’Nions 11. Diplomatic Protection and Consular Assistance of Migrants Annemarieke Vermeer-Künzli 12. Citizenship, Nationality, and Statelessness Peter J. Spiro PART III: INTERNATIONAL LAW AND THE FORGOTTEN REALITY OF MIGRANT WORKERS 13. United Nations Treaty Bodies and Migrant Workers David Weissbrodt and Justin Rhodes 14. Human Dignity or State Sovereignty? The Roadblocks to Full Realisation of the UN Migrant Workers Convention Lori A. Nessel 15. Economic Migration and Mode 4 of GATS Joel P. Trachtman 16. Labour Migration and the European Union Elspeth Guild PART IV: REFUGEES AND THE CHANGING PATTERN OF INTERNATIONAL PROTECTION 17. The Mandate of the Office of the United Nations High Commissioner for Refugees T. Alexander Aleinikoff 18. The Principle of Non-Refoulement in International Refugee Law Rebecca M.M. Wallace 19. The Asylum Procedures and the Assessment of Asylum Requests Jens Vedsted-Hansen 20. Persecution: Towards a Working Definition Hugo Storey 21. Exclusion under Article 1F since 2001: Two Steps Backwards, One Step Forward Geoff Gilbert 22. Subsidiary Protection and Other Alternative Forms of Protection Hemme Battjes 23. The Limitations of Voluntary Repatriation and Resettlement of Refugees Marjoleine Zieck PART V: INTERNALLY DISPLACED PERSONS AND THE NEW CHALLENGES OF FORCED MIGRATION 24. Protection of Internally Displaced Persons: National and International Responsibilities Roberta Cohen 25. The Guiding Principles on Internal Displacement and the Search for a Universal Framework of Protection for Internally Displaced Persons Walter Kälin 26. International Humanitarian Law and the Protection of Internally Displaced Persons Stephane Ojeda 27. The African Contribution to the Protection of Internally Displaced Persons: A Commentary on the 2009 Kampala Convention Moetsi Duchatellier and Catherine Phuong

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Book Synopsis'The rhetoric of transformation in transitional justice seems to be everywhere. Padraig McAuliffe takes this agenda down to its roots and exposes unproven or wishful assumptions that fail to connect with conditions in actual post-conflict settings. This bracing and powerful book, massively researched and tightly argued, throws down a gauntlet and defines an agenda for future research. McAuliffe's book is a singular and outstanding intervention in the transitional justice field.'- Margaret Urban Walker, Marquette University Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice's prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states. Systematic and timely, this book examines how the evolution of contemporary civil war, the modalities of peacemaking and peacebuilding, as well as the role of grassroots forms of justice, condition prospects for tackling the economic roots of conflict. It argues that discourse in the area focuses too much on the liberal commitments of interveners to the exclusion of understanding how interventionist impulses are compromised by the agency of local actors. Ultimately, the book illustrates that for transitional justice to become effective in transforming structures of injustice, it needs to acknowledge the salience of domestic political incentives and accumulation patterns. Transitional justice scholars will find this book indispensable as the first consideration of transitional justice and economic transformation from the perspective of the domestic political economy. Both peacebuilding and development specialists will also benefit from its wealth of lessons to be learned.Trade Review'This is one of the most important and original contributions to recent transitional justice literature. In this outstanding work of non-ideal theory, McAuliffe argues that wishful thinking and good intentions are not enough to bring about lasting economic improvements in post war states. What is required is a clear-eyed examination of how transitional justice precepts about economic justice work in particular post war contexts; how they can be realized given the real world institutional weakness, lingering old-guard influence, lack of political tradition and corruption typical of fledgling states. Beautifully written and argued, this is a must read for both scholars and practitioners of transitional justice.' --(Nir Eisikovits, Suffolk University)'''Economic transformation'' has become the order of the day in contemporary transitional justice discourse. The question of how deep-seated economic injustice can be effectively addressed in real-world post-conflict scenarios is rarely considered, however. McAuliffe's inspiring book tackles this much-neglected issue head-on. It is one of those rare books that ''advance the conversation'', a must-read for everyone wishing to go beyond oversimplified formulas and to critically think about the real place of economic justice in post-conflict states.' --(Frank Haldemann, Geneva Academy of International Humanitarian Law and Human Rights, Switzerland)'Padraig McAuliffe's book has both the ambition to go beyond traditional debates surrounding transitional justice and propose an innovative understanding of transformative justice and the humility to understand the limits of holistic solutions that often do not cater for the specific features of particular situations. It guides the reader away from certain intellectual dead ends, and opens new avenues for fruitful discussion on how to deal with post conflict situations in a way that addresses not only the immediate reasons for conflict but also the underlying structural causes. Padraig McAuliffe takes us on this path with a clear, pedagogic and well written book which will be essential reading for all those trying to understand what is at stake when trying to achieve lasting peace in post-conflict countries.' --(Dov Jacobs, Leiden University, the Netherlands)Table of ContentsContents: Preface 1. Introduction: Acknowledging the Complexities of Post-Conflict Socio-Economic Justice 2. Transitional Justice’s Transformative Turn: How We Got Here, What We Know and What We Don’t 3. Transitional Opportunity? How Peace Negotiations and Power-sharing Impede Root Cause Approaches 4. Transitional Justice, Liberal Peacebuilding and the Endogenous Determinants of Transformation 5. ‘Trickle-up Justice?’: The Impact of Bottom-Up Justice Beyond the Local 6. Conclusion: Lesson’s Learned, Lessons Spurned Index

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Book SynopsisThis timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.Trade Review‘Books abound on the question whether states of emergency can be legally controlled. But Frankenberg’s account stands out because of his mastery of the political and legal contexts in which the terms of the debate about states of emergency were framed for us – the situation of Weimar and the constitutional reaction in postwar Germany. In addition, Frankenberg has an astonishing command of the history of political theory from Hobbes to the present. His innovative but scholarly analyses permit him to construct a narrative about the potential of the rule of law to respond to emergencies that includes detailed examinations of Schmitt, Foucault, Habermas, Agamben, and many others. His treatments of these figures seek to draw out the genuine insights they might offer, so that, even though none of the figures escapes the force of his criticism, his argument will challenge the assumptions of all involved in the debate.’ -- David Dyzenhaus, University of Toronto, CanadaTable of ContentsContents: Preface 1. A Critique of Political Technology 2. Visions of Political Technology 3. Constellations of Law-Rule and the State of Exception 4. The State of Exception as Mindset and Doctrine 5. Political Extremism and the Militancy of Law-Rule 6. Normalizing the State of Exception: Counter-Terrorism and ‘Whatever it Takes’ 7. Normalizing Torture as a Technique of Governing: What the ‘Exigencies of War’ Demand? Afterword

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Book SynopsisThis timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.Trade Review‘Books abound on the question whether states of emergency can be legally controlled. But Frankenberg’s account stands out because of his mastery of the political and legal contexts in which the terms of the debate about states of emergency were framed for us – the situation of Weimar and the constitutional reaction in postwar Germany. In addition, Frankenberg has an astonishing command of the history of political theory from Hobbes to the present. His innovative but scholarly analyses permit him to construct a narrative about the potential of the rule of law to respond to emergencies that includes detailed examinations of Schmitt, Foucault, Habermas, Agamben, and many others. His treatments of these figures seek to draw out the genuine insights they might offer, so that, even though none of the figures escapes the force of his criticism, his argument will challenge the assumptions of all involved in the debate.’ -- David Dyzenhaus, University of Toronto, CanadaTable of ContentsContents: Preface 1. A Critique of Political Technology 2. Visions of Political Technology 3. Constellations of Law-Rule and the State of Exception 4. The State of Exception as Mindset and Doctrine 5. Political Extremism and the Militancy of Law-Rule 6. Normalizing the State of Exception: Counter-Terrorism and ‘Whatever it Takes’ 7. Normalizing Torture as a Technique of Governing: What the ‘Exigencies of War’ Demand? Afterword

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Book SynopsisIs there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur'an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.Trade Review‘This is a fascinating, accessible and informative analysis of the potential for harmonisation between international human rights standards and Islamic law. It is well researched and engagingly written.’ -- Ian Freckelton, Law Institute JournalTable of ContentsContents: Introduction 1. Human Rights and Islamic Legal Sources 2. Development of Human Rights and Some Basic Conceptions 3. Islamic Human Rights Instruments 4. Human Rights and the Idea of ‘Clash of Civilisations’ 5. Islam and the state 6. Religion, the State, and Human Rights 7. Islam, Human Rights, and Women 8. The rights of the child 9. Freedom of expression 10. Islam and religious freedom 11. Human rights and war 12. Conclusion Bibliography Index

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Book Synopsis[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.'- Páll Hreinsson, EFTA-Court'This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.'- Gudmundur Alfredsson, University of Akureyri, IcelandWhat are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice.The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level.Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.Trade Review‘[This book] offers a rare practical analysis of the real significance and relevance of international law in juridical practice.’ -- Páll Hreinsson, EFTA-Court‘This book offers a very practical examination of the relationship between international law and domestic law, not least by a detailed analysis of domestic case law. It reveals a variety of possible approaches to giving effect to unimplemented international law in both national law and dualistic countries. It also provides very interesting insights into, and an understanding of, highly topical issues.’ -- Gudmundur Alfredsson, University of Akureyri, IcelandTable of ContentsContents: PART I INTRODUCTION 1. Introduction PART II THEORIES ON THE RELATIONSHIP BETWEEN INTERNATIONAL LAW AND DOMESTIC LAW 2. The Main Theories PART III MONISM AND DUALISM IN PRACTICE 3. The Treaty-making Process and Ratification of Treaties 4. Automatic Incorporation or Transformation 5. Direct Effect 6. Principle of Consistent Interpretation 7. Remarks on the Judgment of the Supreme Court in the Ægisson-case 8. Remedies and Reparations 9. Application of Incorporated Treaties Index

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Book SynopsisThere are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Björgvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. UsackaTrade Review'Constitutionalism is a system whereby legislatures and governments are bound by higher norms, often human rights norms. In this book, the focus is on the role of national and international courts in upholding these norms. Some observers say that there is nowadays an erosion of the rule of law and human rights. The book comes at the right time. It reminds the courts of their responsibility in this area, and public authorities of the need to respect their decisions.' --Paul Lemmens, Judge, European Court of Human RightsTable of ContentsContents: Preface 1. Introduction Helle Krunke and Martin Scheinin PART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL 2. On Judging Aharon Barak 3. The Changing Understanding of Judicial Legitimacy Or Bassok 4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human Rights Helle Krunke PART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE 5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United Kingdom David Hope (The Lord Hope of Craighead) 6. The Judiciary and the Surveillance State: General Trends and German Experiences Wolfgang Hoffmann-Riem 7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative Perspective TJ McIntyre 8. Procedural Fairness and Judicial Review of Counter-Terrorism Measures David Jenkins 9. The Judiciary in Times of Terrorism and Surveillance: A Global Perspective Martin Scheinin PART III THE JUDICIARY IN TIMES TRANSITION 10. The Role of the Judiciary in Egypt´s Failed Transition to Democracy Antoni Abat i Ninet 11. The Russian Constitutional Court in International Legal Dialogues Bakhtiyar Tuzmukhamedov 12. Guides and Guardians: Judiciaries in Times of Transition Ebrahim Afsah PART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES 13. Constitutionalism and Human Rights at the International Criminal Court Anita Ušacka 14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights System Carlos Ayala 15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the Individual David Thór Björgvinsson 16. The Task of Regional and International Courts in Guarding Constitutionalism and Human Rights Marina Aksenova and Geir Ulfstein Index

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Book SynopsisInternational economic law and human rights have been rapidly evolving and expanding in recent decades. This collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. It does so by providing an analysis of global regulation and the impact of international organizations on domestic laws. Through conceptual and structural analysis coupled with local analysis and a China-focused case study, this book investigates the socio-legal dimension of the interaction between international economic law and human rights, and particularly the relationships between local arrangements and international legal regulations and rules. The common thread of the chapters in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining. The authors also suggest new approaches to government policies on trade development and human rights protection. The substantive excellence and complexity of the research presented make it an excellent resource for students and scholars of International Law.Contributors include: S. Biddulph, L. Biukovic, E. Cedillo, T. Cottier, D. Drache, M. Hirsch, M. Mitrani, E.-U. Petersmann, P. Potter, N. Ramirez-Espinosa, L. Toohey, V. VadiTrade Review'This is a timely volume on the long-standing debate on the relationship between trade and human rights. The chapters are contributed by some of the leading scholars in the field and cover both theoretical and practical aspects of the relationship. It not only highlights the tensions and conflicts between the two, but also explores ways on how the potentials of trade may be harnessed to serve the needs of human rights protection at the local level. Therefore, it will not only inspire researchers on these issues, but also provide invaluable practical lessons to policy makers and activists.' --Henry Gao, Singapore Management University'Today's world is beset, once again, with surges of nationalism and libertarianism that challenge the enforcement of human rights and international trade law. This much-needed collection of essays by leading scholars explores the policy space in national legal systems for effectively coordinating the sometimes disparate requirements of the two regimes of international law. Building on proposed theoretical frameworks for effective local engagement with these requirements, several highly instructive case studies from North America, Europe and Asia illuminate institutional and cultural predispositions within the acceptable margins of appreciation for enforcement.' --James Nafziger, Willamette University College of Law, US'This is a timely and valuable contribution to the current discourse on trade globalization development. In a very refreshing way the book explores both theoretical and practical dimensions and challenges facing the inter-relationship between trade law and human rights standards in the local context to interpret and implement international norms. Its interdisciplinary approach and the original analyses make the book very readable and stimulating. The excellent scholarship on comprehensive socio-legal conceptualization deserves a special recognition.' --Xianchu Zhang, The University of Hong KongTable of ContentsContents: Introduction Ljiljana Biukovic and Pitman Potter Part I: Re-imagining local engagement with international law 1. International Trade, Human Rights and Policy Space Thomas Cottier 2. Cosmopolitan Constitutionalism: Linking Local Engagement with International Economic Law and Human Rights Ernst-Ulrich Petersmann Part II: Structural Aspects of Trade and Investment 3. Transparency Evolution: More than the Right to Know Ljiljana Biukovic 4. Challenging an Investment Agreement in Canada: Hupacasath First Nation’s Application for Judicial Review against the CCFIPPA Naayeli E. Ramirez-Espinosa 5. The Impact of Mexico’s 2011 Human Rights Constitutional Amendment on Arbitral Practice: A View from Local Actors Erika Cedillo Part III: The Impact of Communities and Local Culture 6. Demarcating the International Community: Where do International Practices Come from? Mor Mitrani 7. Local Communities, Cultural Heritage and International Economic Law Valentina Vadi 8. Identity Matters: The Enforcement of Global Human Rights Treaties by European Union's Trade Instruments Moshe Hirsch 9. Observing the Small Gestures: Human Rights Vectors in the Vietnamese Trade Law Environment Lisa Toohey Part IV: Dilemmas of Local Performance: The Case of China 10. Coordinating Human Rights and Trade Policy in China: The Case of Environmental Protection Pitman B. Potter 11. Structuring China’s Engagement with International Human Rights: The Case of Wage Protection Law and Practice Sarah Biddulph Index S. Biddulph

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Book SynopsisThis groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organisations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations.Trade Review'As calls for a better balance between the immunity of international organizations and the legal protection of individuals become louder, this timely study not only analyses the tension between these two fundamental legal principles, but also presents a number of recommendations to solve the problem. This book is an essential contribution to a debate that has direct implications for all of those affected by the decisions of international organizations.' --Ramses A. Wessel, University of Twente, the Netherlands'Accountability fares high on the agenda of international lawyers. In this context, international organizations, long the embodiment of progress, have become suspect and the object of intense scrutiny. In his book, Pierre Schmitt provides us with a comprehensive and timely treatment of the legal avenues (and the limitations thereof) by virtue of which international organizations can be held accountable for human rights violations while also making audacious proposals. In doing so, he usefully continues international lawyers' quest for greater accountability in international society.' --Jean d'Aspremont, University of Manchester, UK and University of Amsterdam, the Netherlands'This book tackles a complex question of contemporary international law and international life - legal remedies for individuals vis-a-vis international organizations. Focusing on human rights violations, it carefully analyses the institutional and procedural aspects of the right of access to justice, the procedural remedies currently available, and the effects of an intersection with immunity law. The book is an important resource for anyone working with the theory or practice of international organizations and human rights.' --Catherine Brolmann, University of Amsterdam, the NetherlandsTable of ContentsContents: 1. Setting the scene 2. International organizations’ human rights obligations 3. Right of access to justice 4. International dispute settlement mechanisms 5. National jurisdictions and the immunities of international organizations 6. General conclusions and normative proposals Index

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Book SynopsisThis book aims to introduce concrete and innovative proposals for an holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law. Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures. This book's novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.Trade Review'The emergence of a human rights jus commune, the product of dialogue across jurisdictions and of the integration of "soft law" in the reasoning of human rights courts and expert bodies, has triggered fears of unpredictability as well as hopes of greater coherence across human rights systems and further progress in the protection of human rights. Do the advantages compensate for the potential risks? To provide an answer, human rights scholars have been asked to re-imagine certain leading cases in the light of such an ''integrated approach'' to human rights. The results are enlightening, making a significant contribution to the debate.' --Olivier De Schutter, University of Louvain (UCL) and UN Committee on Economic, Social and Cultural Rights'The creativity of this international team of excellent professors and scholars in human rights have produced an original and fascinating book. This exercise of ''redrafting'' some landmark cases decided by different supranational judicial and monitoring bodies reveals the unexpected resources of a holistic approach to fundamental rights, leaving space for external sources. This innovative book is a must read for all those who want to think and to mobilise human rights differently.' --Francoise Tulkens, Former Vice-President, European Court of Human RightsTable of ContentsContents: 1. Introduction: Rewriting Decisions from a Perspective of Human Rights Integration Eva Brems Part I Civil and political rights 2. Questions of Method : the Use of “External Sources” in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR) Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot 3. Standing Alone or Together: The Human Rights Committee’s Decision in A.P. v Russian Federation Gerald L. Neuman 4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and Peoples’ Rights, Zongo v Burkina Faso Magnus Killander 5. Same-Sex Marriage in Polarized Times: Revisiting Joslin v New Zealand (HRC) Malcolm Langford Part II Economic and Social Rights 6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty Valeska David 7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR) Wouter Vandenhole Part III Women’s rights 8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later Rhona Smith 9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary Eva Brems 10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive Part IV Disability rights 11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability Helena De Vylder 12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR) Marijke De Pauw and Paul De Hert 13. Another look at Glatzel (ECJ). Of principles and discriminations Antoine Bailleux and Isabelle Hachez Part V Indigenous peoples’ rights 14. Taking seriously indigenous peoples’ right of self-determination and the principle of ‘free, prior and informed consent’. Human Rights Committee, 2102/2011, Paadar et al. v Finland Martin Scheinin 15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples’ Rights): Pushing Indigenous Peoples’ Rights in Africa Forward Stefaan Smis and Derek Inman 16. Moving Human Rights Jurisprudence to a Higher Gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR) Lieselot Verdonck and Ellen Desmet Index

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Book SynopsisRefugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit. Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.Trade Review'This pioneering book weaves together international human rights law as well as international humanitarian and refugee law in order to address the plight of an estimated 10 million disabled refugees in the world. It tracks the steady evolution of international humanitarian and refugee law to keep pace with the insights and new standards in the UN convention on the rights of persons with disabilities, complementing legal analysis with a detailed and highly accessible examination of the situation on the ground. This work will endure as the standard reference work on refugees with disabilities, opening up a new field and doubtlessly attracting many others to contribute to it. It has a major role to play in framing a reform agenda to narrow the gap between the majestic generalities of the UN disability treaty and the actual living conditions of many millions of persons with disabilities.' --Gerard Quinn, National University of Ireland'At a time when the whole world is in an emotional state about refugees, with escalating polarization and discrimination, it is easy to invoke antagonistic feelings about the ''other''. Sadly, our ideal of "living together" is being replaced by the word ''security'' each day and it is time we remember that there is another side to security. This is why I am honored to endorse this great book by Crock, Smith-Khan, McCallum and Saul; for reminding us of the protection issues and rights of refugees with disabilities, making them visible again. This book does not only provide a rich variety of field findings, identifying the complex issues related to forced displacement and disability in the field, but also offers great guidance on how to overcome these challenges through the utilization of international law.' --Safak Pavey, MP, Turkish Parliament and former member of the UN Convention on the Rights of Persons with DisabilitiesTable of ContentsContents: Part I Setting the Scene 1. Disability in refugee populations 2. Paradigm shift: The CRPD, international law and disability in displacement 3. Responding to disability in displacement: Country reports 4. Identifying disability 5. Lived experience of disability in displacement 6. Disability, intersectionality and context Part II Towards a rights regime for refugees with disabilities 7. Access to protection: Refugee rights and status determination processes 8. Disability rights, maritime interdiction and immigration detention 9. The right to survive: Disability and access to basic humanitarian assistance 10. Beyond mere survival: Rights to education, employment and community participation 11. The other ‘durable solutions’ for refugees with disabilities: resettlement and repatriation 12. Strategies for realising rights for refugees with disabilities Index

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Book SynopsisThis original and insightful book explores and examines the impact that building mega-dams has on the human rights of indigenous peoples living in surrounding areas, who are often significantly affected. It demonstrates the many ways in which human rights are violated by governments and other institutions in relation to large dam projects, and the wider effect this can have on these regions. Compiling case studies from around the world, Itzchak Kornfeld provides clear examples of how human rights violations are perpetrated and compounded, as the construction of and flooding that results from these dams destroys livelihoods, cultural legacies and the local ecology, and promises of resettlement from governments are routinely broken. With chapters examining historical, recent and ongoing dam projects, the book also highlights the involvement of development banks and their failure to respect even their own policies in relation to issues such as environmental impact assessments. This incisive book will be valuable to lawyers, political scientists, and other professionals working in the area of human rights, as well as academics and students. It will also be of interest to those working for government agencies, international organizations, and others involved in dam construction and similar large-scale projects.Table of ContentsContents: Preface and Acknowledgements 1. The Twentieth Century: Dams and the Epic Struggle to Control Nature 2. America and the Age of Dams 3. A Brief Survey of Human Rights Law 4. Funding Mega-Dams: The Multilateral Banks 5. The Yacyretá Dam: Adiós to Paradise and the Destruction of Human Rights 6. Dark Lessons from the Senegal River 7. The Southeastern Anatolia Project (GAP): The loss of cultural heritage 8. The Narmada Dam, India: The courage of tribals 9. Zambia’s Kariba Dam 10. The Xayaburi Dam on the Mekong River 11. The Oldman Dam, Alberta, Canada Epilogue Index

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