Public international law: human rights Books

Book SynopsisThe Italian Yearbook of Human Rights 2018 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to inter-national human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the sub-ject of fundamental rights. The 2018 Yearbook surveys the most significant activities of national and local Italian actors at domestic and international level, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of in-ternational and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2017: Time to Restart is the title of the 2018 Year-book introduction. From this year onwards, the Yearbook will present an in-depth analysis on various human rights themes. This edition is dedicated to the state of implementation of Italy's Special Action Plan against Sexual and Gender-based Violence 2015.The Italian Agenda of Human Rights 2018 represents an updated orienta-tion tool with regards to the main initiatives to be undertaken on the leg-islative, infrastructural and policy-making fronts in order to strengthen the Italian system for promoting and protecting human rights.

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Book SynopsisThe Italian Yearbook of Human Rights 2019 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. The 2019 Yearbook surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2018: Does Omission Follow Inaction? is the title of the 2019 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition regards the implementation of the National Action Plan against Trafficking in Human Beings (20162018).As in the previous years, the Italian Agenda of Human Rights 2019 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.

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Book SynopsisThe Italian Yearbook of Human Rights 2019 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. The 2019 Yearbook surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2018: Does Omission Follow Inaction? is the title of the 2019 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition regards the implementation of the National Action Plan against Trafficking in Human Beings (20162018).As in the previous years, the Italian Agenda of Human Rights 2019 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.

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Book SynopsisThe Italian Yearbook of Human Rights 2020, marking the 10th edition of this publication, offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. It surveys the most significant activities of national and local Italian actors at the domestic and international levels, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy''s position vis-à-vis internationally recognised human rights.Italy and Human Rights in 2019: Back on Track? is the title of the 2020 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition concerns Italy's behaviour in the context of the Third Universal Periodic Review at the United Nations Human Rights Council.As in the previous years, the Italian Agenda of Human Rights 2020 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.

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Book SynopsisThe purpose of this study is to analyse the gaps between the provisions regulating the right to education in the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and the actual legislation on the right to education of persons with disabilities in Turkey. The study addresses CRPD first in terms of general principles. It tries to explain the provision on the right to education and the scope of the State’s obligations. Explanations and assessments on CRPD have been accompanied by information on the legislation in Turkey which regulates the right to education of persons with disabilities and affects the right to education. The author sets GAP Analysis and suggestions forth by making necessary assessments in accordance with the comparative method. Table of ContentsInclusive Education – Right to Education – Persons with Disabilities – State’s Obligations – Convention on the Rights of Persons with Disabilities – Right to Education of Persons with Disabilities in the Turkish Education Legislation

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Book SynopsisDie Publikation behandelt aus der Perspektive der Menschenrechtsschutzorgane das Verhältnis von Menschenrechten und humanitärem Völkerrecht. Die Autorin untersucht die jeweilige Rechtsprechung der Menschenrechtsschutzorgane der Europäischen Menschenrechtskonvention, der Amerikanischen Menschenrechtskonvention und des Internationalen Paktes über bürgerliche und politische Rechte. In diesem Zusammenhang geht die Autorin insbesondere auf die Anwendbarkeit der Menschenrechtsverträge, das Verhältnis der Rechtsmaterien unter besonderer Beachtung der Rechte auf Leben und Freiheit sowie auf die Kompetenz der Menschenrechtsschutzorgane ein. Hierbei beleuchtet die Autorin ausführlich den derzeitigen Stand der Rechtsprechung und der Literatur und versucht darauf aufbauend, zukünftige Entwicklungen abzuschätzen.

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Book SynopsisGender equality rights are fundamental human rights that are recognized in international human rights treaties, which bind states to eliminate gender discrimination formally and in practice. Islam is recognized as the official religion in the constitutional law of Islamic countries; religious scholars have the competence to interpret Islamic law, resulting in creating a series of unequal rights for women based on Islamic law, which often continues in legal structures. Nevertheless, a majority of Islamic countries have ratified the international human rights treaties but have put reservations in place based on Sharia concerning articles on gender equality rights. Therefore, this dissertation addressed that the degree to which international law has accepted gender discrimination for religious reasons.Table of ContentsAcknowledgments – Abstract – Zusammenfassung – Abbreviations – Introduction – Chapter 1 The Definition of Gender Discrimination according to International Human Rights Treaties: Historical Introduction – Chapter 2 Potential Violations of Gender Equality Based on Religion – Chapter 3 International Monitoring Mechanisms of the Implementation of Women’s Human Rights – Final Remarks – Bibliography

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Book SynopsisThe book examines the extent to which the rights of Armenian minorities to exist, to enjoy their own culture, to profess and practice their own religion, and to use their own language in the community with other members of their group as well as their right to equality, non-discrimination and participation are respected, protected and fulfilled as it is required under international human rights law. Armenians in Lebanon and Turkey constitute a minority on four separate levels: ethnic, national, linguistic and religious. By examining the ways national and international human rights laws are enforced and protected, or violated and ignored, the thesis highlights the problems facing Armenians in Lebanon and Turkey since recent history until nowadays, and provides benefits which would be of great value to human and minority rights discourses.Table of ContentsZusammenfassung - Abstract - Acknowledgments - List of Acronyms - 1. Introduction - 2. Who Are Minorities and What Are Relevant MinorityRights at the International and Regional Levels? - 3 The Rights of Armenian Minority in Lebanon - 4. The Rights of Armenian Minority in Turkey - 5. Comparison between Lebanese and Turkish MinorityRights Regimes - 6. Conclusions - Bibliography

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Book SynopsisIn recent years the EU has been active in developing a common European immigration policy in cooperation with third countries and in building an “external dimension” of such an EU policy. The linkages between the EU’s external relations and migration policies have influenced the distinct legal positions of third-country nationals (non-EU nationals). This book critically discusses whether the EU’s objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy, and it argues that it is difficult to speak of one single, unitary group of third-country nationals forming the counterpart to EU citizens.Table of ContentsPart I: Introduction; Part II: EU External Relations and Migration Policy – The Historical Development of the External Dimensions; Part III: The Human Rights of Migrants: Legal Bases and Sources for EU Migration Law and Policy; Part IV: The Basis for Differential Treatment among Third-Country Nationals: EU Association Agreements and Cooperation Frameworks; Part V: The Legal Position of Third-Country Nationals: Entry, Employment and Residence Rights; Part VI: The Legal Position of Third-Country Nationas: Social Security Rights; Part VII: The Legal Position of Third-Country Nationals: Other Economic and Social Rights; Part VIII: Conclusions; Part IX: Schematic Overview of the Legal Position of Third-Country Nationals; Part X: Samenvatting; Part XI: Zusammenfassung; Part XII: Bibliography; Part XIII: EU Official Documents, Table of Cases and Index.

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Book SynopsisThe International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.Table of ContentsIntroduction Part I: Introductory materials A. Contents of this volume B. How the ILO adopts standards 1. Tripartism; 2. Adoption process; 3. Voting in the ILO Conference C.Supervision of the Application of ILO Standards 1. Regular supervisory mechanism; 2. Complaint Procedures D. Citation of materials in this volume Part II: Adoption of the Articles of the Convention Chapter 1: Why the ILO? The motivation and competence of the ILO 1. Adoption of Convention No. 107; 2. Adoption of Convention No. 169; 3. Concluding remarks on the ILO’s mandate and motivation Chapter 2: Article 1 of Convention No. 169 – Coverage A. Before Conventions Nos. 107 and 169 B. Article 1 of Convention No. 107 C. Article 1 of Convention No. 169 a. The 1986 Meeting of Experts; i. Peoples or populations; ii. Indigenous and tribal; iii. Tribal and semi-tribal; b. The International Labour Conference; i. 1988 Session; ii. 1989 Session D. Development through supervision a. Interpretation requested by Switzerland; b. How to identify who is covered; c. The importance of having a legal personality; d. The importance of self-identification; e. Coverage beyond ‘indigenous’; f. Changes in governments’ manner of identification Chapter 3: Article 2 of Convention No. 169 - Basic policy and orientation A. Convention No. 107 B. Convention No. 169 – a new approach iii. The Meeting of Experts; iv. The 1988 discussion; v. The 1989 discussion C.Development through supervision Chapter 4: Article 6 of Convention No. 169 – Consultation A. Convention No. 107 B. Convention No. 169 i. The Meeting of Experts; ii. The 1988 discussion; iii. The 1989 discussion C. Development through supervision Chapter 5: Article 7 of Convention No. 169 – participation, development and the environment 1. The Meeting of Experts; 2. The 1988 discussion; 3. The 1989 discussion; 4. Development through supervision Chapter 6: Land Rights - Articles 13 to 19 of Convention No. 169 A. Introduction B. Before the standards C. Convention No. 107 - introduction D. From C107 to C169 1. Article 13 of Convention No. 169: Lands and territories and the spiritual relationship; 2. Article 14 of Convention No. 169: Rights of ownership and possession; a. Article 11 of C107; b. Adoption of Article 14 of Convention No. 169; i. Multiple use and nomads; ii. Adequate procedures to resolve land claims; iii. Adoption of Article 14 as a whole; 3. Article 15 of Convention No. 169: Natural resources; 4. Article 16 of Convention No. 169: Removal from their lands; a. Article 12 of Convention No. 107; b. Adoption of Article 16 of Convention No. 169; 5. Article 17 of Convention No. 169: Transmission of rights; a. Adoption of Article 13 of Convention No. 107; b. Adoption of Article 17 of Convention No. 169; 6. Article 18 of Convention No. 169: Penalties for unauthorized intrusion; 7. Article 19 of Convention No. 169: National agrarian programmes; a. Adoption of Article 14 of Convention No. 107; b. Adoption of Article 19 of Convention No. 169 E. Development of the land rights provisions through supervision 1. Information gathering; 2. Consultation over land rights; 3. Invasions of indigenous territory; 4. Demarcation of territories; 5. Natural resources; 6. The involvement of religious institutions Appendices: Appendix I: Indigenous and Tribal Peoples Convention, 1989 (No. 169 Appendix II: Indigenous and Tribal Populations Convention, 1957 (No. 107) Appendix III: How the ILO adopts standards Appendix IV: Major documents consulted and citation in this volume Appendix V: Interpretation of Convention No. 169

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Book SynopsisThe International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted.Table of Contents Introduction Part 1: Introductory Materials  A Contents of This Volume  B How the ILO Adopts Standards   1 Tripartism   2 Adoption Process   3 Voting in the ILO Conference  C Supervision of the Application of ILO Standards   1 Regular Supervisory Mechanism   2 Complaint Procedures    a Representations under Article 24 of the ILO Constitution    b Complaints under Article 26 of the ILO Constitution  D Citation of Materials in This Volume   1 Supervisory Comments   2 Preparatory Materials    a Office Reports and Written Consultations    b Reports of Discussions in the International Labour Conference Part 2: The Articles of Convention No. 169 1 Article 3 of Convention No. 169 – Human Rights and Fundamental Freedoms  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision 2 Article 4 of Convention No. 169 – Special Measures  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision 3 Article 5 of Convention No. 169 – Respect for Values, Practices and Institutions  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision 4 Article 8 of Convention No. 169 – Customs and Customary Laws  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision 5 Articles 9 and 10 of Convention No.169 – Dealing with Offenses, and Penalties  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision of Articles 8, 9 and 10 6 Article 11 of Convention No. 169 – Compulsory Personal Services  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision 7 Article 12 of Convention No. 169 – Right to Take Legal Proceedings  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision 8 Article 20 of Convention No. 169 – Recruitment and Conditions of Work  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision   1 Supervision under Convention No. 169   2 Supervision under Other ILO Conventions 9 Articles 21, 22 and 23 of Convention No. 169 – Vocational Training, Handicrafts and Rural Industries  A Vocational Training   1 Adoption of Convention No. 107   2 Adoption of Convention No. 169    a The 1988 Conference Discussion    b The 1989 Conference Discussion   3 Development through Supervision  B Handicrafts and Rural Industries   1 Adoption of Convention No. 107   2 Adoption of Convention No. 169    a The 1988 Conference Discussion    b The 1989 Conference Discussion   3 Development through Supervision 10 Articles 24 and 25 of Convention No. 169 – Social Security and Health  A Social Security   1 Adoption of Convention No. 107   2 Adoption of Convention No. 169    a The 1988 Conference Discussion    b The 1989 Conference Discussion   3 Development through Supervision  B Health   1 Adoption of Convention No. 107   2 Adoption of Convention No. 169    a The 1988 Conference Discussion    b The 1989 Conference Discussion   3 Development through Supervision 11 Articles 26 to 31 of Convention No. 169 – Education and Means of Communication  A Different Contexts for the Adoption of the Two Conventions   1 Adoption of Convention No. 107   2 Adoption of Convention No. 169  B Adoption of Each Article of Conventions Nos. 107 and 169   1 Article 21 of C107 and Article 26 of C169    a Article 21 of Convention No. 107    b Article 26 of Convention No. 169   2 Article 22 of C107 and Article 27 of C169    a Article 22 of Convention No. 107    b Article 27 of Convention No. 169   3 Article 23 of C107 and Article 28 of C169    a Article 23 of Convention No. 107    b Article 28 of Convention No. 169   4 Article 24 of C107 and Article 29 of C169    a Article 24 of Convention No. 107    b Article 29 of Convention No. 169   5 Article 25 of C107 and Article 31 of C169    a Article 25 of Convention No. 107    b Article 31 of Convention No. 169   6 Article 26 of C107 and Article 30 of C169    a Article 26 of Convention No. 107    b Article 30 of Convention No. 169  C Concluding Comments on Education  D Development through Supervision 12 Article 32 of Convention No. 169 – Contacts and Co-operation across Borders  A Adoption of Convention No. 169 13 Article 33 of Convention No. 169 – Administration  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision 14 Article 34 of Convention No. 169 – Flexibility of Application  A Adoption of Convention No. 107  B Adoption of Convention No. 169   1 The 1988 Conference Discussion   2 The 1989 Conference Discussion  C Development through Supervision and Implementation 15 Concluding Comments Appendices  I Indigenous and Tribal Peoples Convention, 1989 (No. 169)  II Indigenous and Tribal Populations Convention, 1957 (No. 107)  III How the ILO Adopts Standards  IV Major Documents Consulted and Citation in This Volume  V Interpretation of Convention No. 169 Index

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

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Book SynopsisThe current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade´s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. We also offer this title as part of a 3 volume set (isbn 9789004375048).Trade Review"The [set of] volumes by Judge Antônio A. Cançado Trindade - The Construction of a Humanized International Law - is an important addition to the Series “The Judges”: it portrays Judge Cançado Trindade´s endeavours, marked by deep knowledge and experience in the path towards the realization of international justice. The [ ] volumes are systematically presented, with the learned Individual Opinions of Judge Cançado Trindade covering virtually all chapters, and all the main topics, of contemporary international law. There is ample coherence in the author´s reasoning, going well beyond the settlement of disputes, into saying what the Law is, with close attention to fundamental principles and a substantial doctrinal elaboration, bringing law and justice together. This corresponds to Judge Cançado Trindade´s conception of the proper exercise of the international judicial function. In their preface and general introduction, Judge Dean Spielmann and Dr. Andrew Drzemczewski provide additional elements for a proper understanding of Judge Cançado Trindade´s influential humanist conceptualization. The [ ] volumes are a most valuable contribution to the study of contemporary international law, and are due to become a source of necessary consultation by scholars of the discipline of distinct generations" – Professor George R.B.Galindo, review article in: Revista do Instituto Brasileiro de Direitos Humanos 14/14 (2014)Table of ContentsPreface by Dean Spielmann; General Introduction by Andrew Drzemczewski; 1. Implied Powers of International Tribunals -Separate Opinion in the case concerning Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua versus Colombia, Preliminary Objections, Judgment of 17.03.2016) 2. The Universal Juridical Conscience, Humaneness and the Condemnation of Genocide -Dissenting Opinion in the case of the Application of the Convention against Genocide (Croatia versus Serbia, Judgment of 03.02.2015) 3. The Universal Juridical Conscience, Humaneness and the Obligation of Nuclear Disarmament -Dissenting Opinion in the case of Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands versus India, Jurisdiction, Judgment of 05.10.2016) -Dissenting Opinion in the case of Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear -Disarmament (Marshall Islands versus United Kingdom, Jurisdiction, Judgment of 05.10.2016) -Dissenting Opinion in the case of Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands versus Pakistan, Jurisdiction, Judgment of 05.10.2016) 4. Victims’ Right to Reparations for War Damages -Declaration in the case of Armed Activities on the Territory of the Congo (D.R. Congo versus Uganda, Order [Reparations], of 01.07.2015) -Declaration in the case of Armed Activities on the Territory of the Congo (D.R. Congo versus Uganda, Order [Reparations], of 11.04.2016) 5. The Evolving Law on Conservation of Living Species -Separate Opinion in the case of Whaling in the Antarctic (Australia versus Japan, New Zealand Intervening, Judgment of 31.03.2014) 6. The Relevance of General Principles of International Law. -Separate Opinion in the case concerning the Obligation to Negotiate Access to the Pacific Ocean (Bolivia versus Chile, Preliminary Objections, Judgment of 24.09.2015) -Separate Opinion in the case of Questions Relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste versus Australia, Order, Provisional Measures, of 03.03.2014) 7. The Autonomous Legal Regime of Provisional Measures of Protection -Separate Opinion in the joined cases of Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica versus Nicaragua) and Construction of a Road in Costa Rica along the San Juan River (Nicaragua versus Costa Rica) (Judgment of 16.12.2015) -Separate Opinion in the case of Questions Relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste versus Australia, Order, Provisional Measures [Modification], of 22.04.2015).

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Book SynopsisThis collection of chapters tracks and explains the impact of the nine core United Nations human rights treaties in 20 selected countries, four from each of the five UN regions. Researchers based in each of these countries were responsible for the chapters, in which they assess the influence of the treaties and treaty body recommendations on legislation, policies, court decisions and practices. By covering the 20 years between July 1999 and June 2019, this book updates a study done 20 years ago.    Table of ContentsForeword List of Figures, Graphs and Tables Abbreviations and Acronyms Notes on Editors and Contributors Introduction What a Difference do 20 Years Make? The Impact of the Core UN  Human Rights Treaties at the Domestic Level in Selected States between 1999 and 2019   Frans Viljoen and Rachel Murray 1 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Australia   Sarah Joseph,Adam Fletcher and Anna Lochhead-Sperling 2 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Brazil   Thiago Amparo,Odara Andrade,Júlia Piazza and Deborah Bittar 3 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Canada   Alexander Agnello and Frédéric Mégret 4 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Colombia   Rodrigo Uprimny,Sergio Ruano and Gabriella Michele García 5 The Impact of the United Nations Human Rights Treaties on the Domestic Level in the Czech Republic   Harald Christian Scheu and Jitka Brodská 6 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Egypt   Mustapha Kamel Al-Sayyid 7 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Estonia   Merilin Kiviorg 8 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Finland   Merja Pentikäinen 9 The Impact of the United Nations Human Rights Treaties on the Domestic Level in India   Miloon Kothari and Surabhi Sharma 10 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Jamaica   Tracy Robinson and Malene C. Alleyne 11 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Japan   Ayako Hatano, Hiromichi Matsuda and Yota Negishi 12 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Mexico   Alejandro Anaya-Muñoz, Lucía Guadalupe Chávez-Vargas, Rodolfo Franco-Franco and José Antonio Guevara-Bermúdez 13 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Nepal   Ravi Prakash Vyas, Pranjali Kanel and Anusha Kharel 14 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Poland   Katarzyna Sękowska-Kozłowska, Grażyna Baranowska, Joanna Grygiel and Łukasz Szoszkiewicz 15 The Impact of the United Nations Human Rights Treaties on the Domestic Level in the Russian Federation   Aslan Abashidze, Aleksandra Koneva and Alexander Solntsev 16 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Senegal   Ibrahima Kane 17 The Impact of the United Nations Human Rights Treaties on the Domestic Level in South Africa   Foluso Adegalu and Tess Mitchell 18 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Spain   Carlos Villán Durán 19 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Turkey   Başak Çalı, Betül Durmu and İlayda Eskitaşçıoğlu 20 The Impact of the United Nations Human Rights Treaties on the Domestic Level in Zambia   O’Brien Kaaba Conclusion Contours of a Conclusion, into the Sixth UN  Treaty System Decade   Frans Viljoen and Rachel Murray Index

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

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Book SynopsisAsylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to ‘protection’ received in the home country or another location. But what does ‘protection’ mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a “surrogate” for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.

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Book SynopsisThis book arises out of a CRC Implementation Project colloquium on Article 5 of the UN Convention on the Rights of the Child. Article 5 protects the responsibilities, rights and duties of parents or others to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his/her rights. In this interdisciplinary collection, leading international scholars address the interplay of parental guidance, state responsibility and child autonomy within a wide range of fields, from gender identity to criminal justice. The chapters provide fascinating insights into the vital but enigmatic role of Article 5.Trade Review"This is an extremely valuable collection that exposes the broad array of issues encompassed by Article 5. (...) The value of this volume, I would argue, is in providing theoretical and exemplar analysis that is critical even for the US in the absence of the CRC. This volume delivers a rich framework to assess children’s rights and to reorient the scope of parental rights, as well as suggesting further work to elaborate this critical article of the CRC." Nancy E. Dowd, UF Distinguished Professor and David Levin Chair in Family Law, Emeritus, University of Florida Levin College of Law, USA; International Journal of Law, Policy and The Family, Oxford, 2022, 00, 1–6Table of Contents Notes on Contributors  Introduction  Brian Sloan and Claire Fenton-Glynn Part 1: Decoding Article 5  1The Enigma of Article 5 of the United Nations Convention on the Rights of the Child  Central or Peripheral?  Elaine E. Sutherland  2The Scope and Limitations of the Concept of Evolving Capacities within the crc  Gerison Lansdown  3Assessing Children’s Capacity  Reconceptualising Our Understanding through the UN Convention on the Rights of the Child  Aoife Daly Part 2: Article 5 and Domestic Legal Systems  4‘Evolving Capacities’ and ‘Parental Guidance’ in the Context of Youth Justice  Testing the Application of Article 5 of the Convention on the Rights of the Child  Ursula Kilkelly  5Parental Guidance in Support of Children’s Participation Rights  The Interplay Between Arts 5 and 12 in the Family Justice System  Nicola Taylor Part 3: Parental Responsibility and Evolving Capacities  6Do Parents Know Best?  John Eekelaar  7From Reasonable to Unreasonable  Corporal Punishment in the Home  Trynie Boezaart  8Parental Responsibilities and Rights during the “Gender Reassignment” Decision-Making Process of Intersex Infants  Guidance in Terms of Article 5 of the Convention on the Rights of the Child  Lize Mills and Sabrina Thompson Part 4: The Impact of Article 5 in Adoption Proceedings  9Children’s Capacities and Role in Matters of Great Significance for Them  An analysis of the Norwegian County Boards’ Decision-Making in Cases about Adoption from Care  Amy McEwan-Strand and Marit Skivenes  10Children’s Views, Best Interests and Evolving Capacities in Consenting to Their Own Adoption  A Study of nsw Supreme Court Judgements for Adoptions from Care  Judy Cashmore, Amy Conley Wright and Sarah Hoff  11Article 5 of the Convention on the Rights of the Child and the Involvement of Fathers in Adoption Proceedings: A Comparative Analysis  Brian Sloan Part 5: Case Studies on the Application of Article 5  12Article 5: The Role of Parents in the Proxy Informed Consent Process in Medical Research involving Children  Sheila Varadan  13Scotland’s Named Person Scheme  A Case Study of Article 5 of the United Nations Convention on the Rights of the Child in Practice  Gillian Black  14New Zealand Case Studies to Test the Meaning and Use of Article 5 of the 1989 United Nations Convention on the Rights of the Child  Mark Henaghan  Index

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

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

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

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

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

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Book SynopsisThis rich volume is an homage to the significant impact Professor Siegfried Wiessner has had on scholarship and practice in many areas of international law. It is also a collection of thought-provoking, original essays, exploring topics as diverse as theory about law, human rights, the rights of indigenous peoples, the rule of law, constitutional law, the rights of migrants, international investment law and arbitration, space law, the use of force, and many more – all integrated by the problem and policy-oriented framework of what has come to be known as the New Haven School.Table of ContentsAcknowledgments List of Tables and Figures Notes on Contributors Dedication Siegfried Wiessner: Publications PART 1: Siegfried Wiessner, The Person 1 Siegfried Wiessner: A Life in the Pursuit of Human Flourishing for All  W. Michael Reisman and Roza Pati 2 A Modern-Day Alexis de Tocqueville in our Midst: Siegfried Wiessner, a Foreign-Born Champion of American Democracy and Human Flourishing  David A. Armstrong 3 Susan, Siegfried, Oklahoma, and the Rights of Indigenous Peoples  Kirke Kickingbird PART 2: Flourishing and Human Dignity: A Theory about Law 4 The Dignity of Belonging  Adeno Addis 5 Human Dignity in International Law from a Chinese Traditional Cultural Perspective  Guiguo Wang 6 Philosophical Implications of Human Flourishing  Philip Larrey 7 Fraternity in the Law as a Means of Human Flourishing  John Makdisi 8 Individual and Communal Flourishing through Faith for Rights  Ibrahim Salama and Michael Wiener 9 Neither “Genteel Hoax” Nor “Slot Machine”: Constitutional Interpretation in Policy-Oriented Jurisprudence  Christian Lee González-Rivera PART 3: World Order 10 Ukraine, “Who Decides,” and Minimum World Public Order  Nicholas Rostow 11 International Law after the Pandemic: The Contribution of the 2021 Resolution of the Institut de Droit International  Francesco Francioni 12 Governometrics and Rule of Law Transformations in Low and Middle-Income Countries  Craig Hammer PART 4: Human Rights 13 Ensuring Compliance with and Execution of Human Rights Commitments  Eckart Klein 14 Islamic Law-Ethics and the Struggle against Slavery and Human Trafficking  Abadir M. Ibrahim 15 From Non-Discrimination to Substantive Equality: The On-going Struggle  Virgínia Brás Gomes 16 Asylum from the Perspectives of International and Islamic Law: A Comparative Analysis  Mohammad Bayoumi 17 The Dilemma of Forgiveness: The Personal in the Holocaust  Keith D. Nunes 18 The Sermon on the Mount: Going the Extra Mile and Flourishing  Gordon T. Butler 19 Native | Emigrant: The Curious Immigration Case of Forcibly Displaced Native Americans and Examination of the Rights of the Wampanoag Tribal Descendants in Bermuda  Michael Vastine 20 Protecting Women and Children under Egyptian Family Law: A Journey of Increasing Rights  Ahmed Mohamed El Demery PART 5: The Rights of Indigenous Peoples 21 Indigenous Peoples in the United States: Justice Still Needed  S. James Anaya 22 ILA Resolution No. 5/2012 and the Rights of Indigenous Peoples  Federico Lenzerini 23 K’íilich Ha’ – Sacred Water, Autonomy and Self-Determination-Based Normative Systems of the Maya  Manuel May Castillo and Lola Cubells Aguilar 24 Framework and Anthropological Features in the Awas Tingni Case  Mariana Monteiro de Matos PART 6: Cultural Heritage Law 25 The UNESCO World Heritage List – Revisited  Michael Kilian 26 Reflections on Cultural Identity and Diversity as Common Heritage of Humanity  Fausto Pocar 27 Cultural Heritage in International Indigenous Rights Declarations: Beyond Recognition  Lucas Lixinski PART 7: Space Law 28 The Beginning of the End of International Space Law  Ram S. Jakhu and Nishith Mishra 29 Space, Satellites and Siegfried Wiessner’s Universe of Human Aspirations: Preventing and Punishing Mass Murder Crimes through Aerial Satellite Evidence  Qerim Qerimi 30 The Consciousness of Astronautical Ethics  Roy Balleste PART 8: International Investment Law and Arbitration 31 The Search for Truth v. The Preservation of the Integrity of International Investment Arbitration Proceedings: The Issue of Admissibility of Illegally Obtained Evidence under the Revised ICSID Arbitration Rules  Stephan Wilske PART 9: Constitutional Law and Jurisprudence 32 A “Public Order of Human Dignity” and Justice as an “Open Concept”: The Missing Lessons of Legal Education  Jay Silver 33 The Public Authority Defense, January 6, 2021, and the Following Orders Defense: A Juxtaposition  Alfredo Garcia 34 Childhood Gender Transitioning and Human Flourishing  June Mary Zekan Makdisi 35 To Procreate or Not to Procreate  Lauren Gilbert 36 Children’s Picture Books and the Rule of Law: The Jurisprudence of “The Poky Little Puppy”  Lenora Ledwon 37 Policy-Oriented Jurisprudence and Constitutive Process in Mexico: Toward a Public Order of Human Dignity in Turbulent Times  Jaime Olaiz-González PART 10: Law and the Environment 38 Upholding the Philosophy of International Environmental Law through the Domestication of Environmental Conventions: An Imperative for Nigeria  Jude O. Ezeanokwasa 39 International Obligations Leading to Protecting Vulnerable States from the Climate Crisis  Cosmin I. Corendea

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

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

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