Public international law: humanitarian law Books

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

Read more less

Book SynopsisIndigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.Trade Review"Written with passion by a group of experts in the field of indigenous rights, this book is a must-read for anyone interested in the current developments concerning the realisation and enforcement of these rights. The focus on indigenous Sámi communities renders the reading of this book particularly engaging for a European audience. while the wider international and domestic contexts are undoubtedly interesting for all readers working in the spectrum of disciplines associated with indigenous rights, including international human rights law, cultural heritage law, land rights, environmental law, and procedural justice." - Andrzej Jakubowski, XXXVII Polish Yearbook of International Law, Warsaw, 2018, pp. 303-307 (DOI 10.7420/pyil2017p)Table of ContentsIntroduction International Instruments on Cultural Heritage: Tales of Fragmentation  Alexandra Xanthaki Indigenous Peoples, Human Rights, and Cultural Heritage: Towards a Right to Cultural Integrity  Jérémie Gilbert Indigenous Cultural Heritage in the Implementation of UNESCO’s WorldHeritage Convention: Opportunities, Obstacles and Challenges  Stefan Disko Towards Sámi Self-determination over Their Cultural Heritage: The UNESCO World Heritage Site of Laponia in Northern Sweden  Leena Heinämäki, Thora Herrmann and Carina Green On Transfer of Sámi Traditional Knowledge: Scientification, Traditionalization, Secrecy, and Equality  Elina Helander-Renvall and Inkeri Markkula Indigenous Creativity and the Public Domain – Terra Nullius Revisited?  Mattias Åhrén An Ontological Politics of and for the Sámi Cultural Heritage – Reflections on Belonging to the Sámi Community and the Land  Sanna Valkonen, Jarno Valkonen and Veli-Pekka Lehtola Links between Lands, Territories, Environment and Cultural Heritage – The Recognition of Sámi Lands in Norway  Øyvind Ravna The Self-Governing of Inuit Cultural Heritage in Canada: The Path so Far  Violet Ford Cultural Heritage, Traditional Knowledge and Intellectual Property  Daphne Zografos Johnsson and Hai-Yuean Tualima Wider Use of Traditional Sámi Dress in Finland: Discrimination against the Sámi?  Piia Nuorgam The Cultural Heritage of South Africa’s Khoisan  Willa Boezak Indigenous Peoples’ Right to Own Legal Orders and Governance Systems in The International Human Rights Regime  Anne-Maria Magga Under the Umbrella: The Remedial Penumbra of Self-Determination, Retroactivity and the Restitution of Cultural Property to Indigenous Peoples  Shea Elizabeth Esterling Reparations for Wrongs against Indigenous Peoples’ Cultural Heritage  Federico Lenzerini Contributors Index

Read more less

Book SynopsisThis 9th volume of International Development Policy looks at recent paradigmatic innovations and related development trajectories in Latin America, with a particular focus on the Andean region. It examines the diverse development narratives and experiences in countries such as Bolivia, Colombia, Ecuador and Peru during a period of high commodity prices associated with robust growth, poverty alleviation and inequality reduction. Highlighting propositions such as buen vivir, this thematic volume questions whether competing ideologies and discourses have translated into different outcomes, be it with regard to environmental sustainability, social progress, primary commodity dependence, or the rights of indigenous peoples. This collection of articles aims to enrich our understanding of recent development debates and processes in Latin America, and what the rest of the world can learn from them. Contributors include: Adriana Erthal Abdenur, Alberto Acosta, Ana Elizabeth Bastida, Luis Bustos, Humberto Campodónico, Gilles Carbonnier, Ana Patricia Cubillo-Guevara, Fernando Eguren, Ricardo Fuentes-Nieva, Eduardo García, Javier Herrera, Antonio Luis Hidalgo-Capitán, Robert Muggah, Gianandrea Nelli Feroci, José Antonio Ocampo, Camilo Andrés Peña Galeano, Guillermo Perry, Darío Indalecio Restrepo Botero, Sergio Tezanos Vázquez, and Frédérique Weyer.Table of ContentsForeword Preface List of Illustrations List of Acronyms and Abbreviations Notes on Contributors 1 Introduction: Alternative Development Narratives, Policies and Outcomes in the Andean Region  Humberto Campodónico, Gilles Carbonnier and Sergio Tezanos Vázquez 2 The Future of Latin America in the Global Economy: An Interview with Fernando Henrique Cardoso  Gilles Carbonnier, Humberto Campodónico and Sergio Tezanos Vázquez Part 1: Development Alternatives in Latin America 3 Deconstruction and Genealogy of Latin American Good Living (Buen Vivir). (Triune) Good Living and Its Diverse Intellectual Wellsprings  Antonio Luis Hidalgo-Capitán and Ana Patricia Cubillo-Guevara 4 Commodity-led Development in Latin America  José Antonio Ocampo 5 Post-extractivism: From Discourse to Practice—Reflections for Action  Alberto Acosta Part 2: Development Outcomes and External Influences 6 Socialism in the Twenty-First Century and Neo-liberalism: Diverse Ideological Options Do Not Always Generate Different Effects  Fernando Eguren 7 Implementing ‘Vivir Bien’: Results and Lessons from the Biocultura Programme, Bolivia  Frédérique Weyer 8 Poverty and Economic Inequalities in Peru during the Boom in Growth: 2004–14  Javier Herrera 9 Skirting or Courting Controversy? Chinese fdi in Latin American Extractive Industries  Adriana Erthal Abdenur 10 The Influence of Multilateral Development Institutions on Latin American Development Strategies  Guillermo Perry and Eduardo Garcia Part 3: Social and Environmental Dynamics 11 Towards Regimes for Sustainable Mineral Resource Management—Constitutional Reform, Law and Judicial Decisions in Latin America  Ana Elizabeth Bastida and Luis Bustos 12 Territories in Dispute: Tensions between ‘Extractivism’, Ethnic Rights, Local Governments and the Environment in Bolivia, Colombia, Ecuador and Peru  Darío Indalecio Restrepo Botero and Camilo Andrés Peña Galeano 13 The Rise of Citizen Security in Latin America and the Caribbean  Robert Muggah 14 The Evolving Role and Influence and Growing Strength of Social Movements in Latin America and the Caribbean  Ricardo Fuentes-Nieva and Gianandrea Nelli Feroci Index

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

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

Read more less

Book SynopsisThis 2nd edition of Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity provides a rich tapestry of practice in the evolving field of reparations. It provides new chapters and expert reflections on developments in all parts of the world. First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.Table of ContentsForeword  Judge Elizabeth Odio Benito Introductory Remarks  Clemens N. Nathan (1933–2015) Notes on Contributors Introduction to the Second Edition  Carla Ferstman and Mariana Goetz Part 1 Reparations for Victims: Cross-Cutting Themes 1 Victims’ Rights to a Remedy and Reparation: the United Nations Principles and Guidelines  Theo van Boven 2 Massive Trauma and the Healing Role of Reparative Justice: an Update  Yael Danieli 3 Gender and Reparations: Seeking Transformative Justice  Emily Jones Part 2 Reparations and the Holocaust 4 Seeking Redress for Hitler’s Victims: Personal Remembrances  Benjamin B. Ferencz, with Michael J. Bazyler and Kristen L. Nelson 5 Guided by the Terezin Declaration: a Review of Restitution of Stolen Jewish Property after the Holocaust  Michael J. Bazyler, Kathryn Lee Boyd, Kristen L. Nelson and Rajika L. Shah 6 The Swiss Banks Holocaust Settlement  Judah Gribetz and Shari C. Reig 7 The Claims Conference and the Historic Jewish Efforts for Holocaust-Related Compensation and Restitution  Gideon Taylor, Greg Schneider, Saul Kagan z”l and Karen Heilig Part 3 Reparations and Mass Victimisation 8 Overcoming Evidentiary Weaknesses in Reparation Claims Programmes  Heike Niebergall 9 Reparations and Victim Participation: Experiences with the Design and Implementation of Domestic Reparations Programmes  Cristián Correa, Julie Guillerot and Lisa Magarrell 10 Reparation for Sexual Exploitation and Abuse in the (Post) Conflict Context: the Need to Address Abuses by Peacekeepers and Humanitarian Aid Workers  Carla Ferstman 11 Responses of Regional Human Rights Courts and Commissions to Mass Violations  Lutz Oette 12 The Inter-American Human Rights System and Reparations to Overcome Impunity  Elizabeth Abi-Mershed 13 Reparation for Gross Violations of Human Rights Law and International Humanitarian Law at the International Court of Justice  Conor McCarthy Part 4 Reparations in International Criminal Law Adjudication 14 The Role of Victims’ Lawyers in Reparation Claims  Luc Walleyn 15 Compensation for Victims of Chemical Warfare in Iraq and Iran through Domestic Criminal and Civil Proceedings in the Netherlands  Liesbeth Zegveld 16 Victims’ Experiences of the International Criminal Court’s Reparations Mandate in the Democratic Republic of the Congo  Mariana Goetz 17 Reparations at the icc: the Need for a Human Rights Based Approach to Effectiveness  Carla Ferstman 18 Reparations at the Extraordinary Chambers in the Courts of Cambodia  Christoph Sperfeldt 19 Too Soon until It Got Too Late: Making reparations a reality for Hissène Habré’s victims  Nader Iskandar Diab Part 5 Reparations in National Contexts 20 The Argentinean Reparations Programme for Grave Violations of Human Rights Perpetrated during the Last Military Dictatorship (1976–1983)  Andrea Gualde and Natalia Luterstein 21 Go Big or Go Home? Lessons Learned from the Colombian Victims’ Reparation System  Nelson Camilo Sánchez and Clara Sandoval-Villalba 22 Reparations in Dayton’s Bosnia and Herzegovina  Carla Ferstman and Sheri P. Rosenberg (1967–2015) 23 Reparations for Victims of War within the Western Balkans EU Accession Negotiations: Serbia Case Study  Milica Kostić and Sandra Orlović 24 Debating and Litigating Post-Genocide Reparations in the Rwandan Context  Felix Mukwiza Ndahinda 25 Reparations for Apartheid-Era Victims in South Africa: the Unfinished Business of the Truth and Reconciliation Commission  Annah Moyo, Maxine Rubin and Hugo van der Merwe 26 Struggling for Reparations in Northern Ireland  Luke Moffett 27 Raahat ki Ahaat: Reparation in Post-Conflict Nepal  Sarah Fulton and Mandira Sharma 28 Transitional Justice – Without the Transition? Considering A Path To Reparations For The Syrian People  Sareta Ashraph

Read more less

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

Read more less

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

Read more less

Book SynopsisInternational law and the Hague, the city where so many institutions of international law are established, are intimately connected. This book presents the views developed by some of the active players in the legal capital of the world on a number of the current challenges faced by international law. The starting point was a seminar held in the Peace Palace, reviewing some of the legal policy questions of today, such as the acceptance of the jurisdiction of the ICJ as a prerequisite to dispute settlement. Supplementing these articles on classical international law are essays dealing with the younger discipline of international criminal law, as practiced by the ICC and other Tribunals, offering ideas on, among other things. how to speed up the lengthy procedures of international criminal tribunals. Other contributions debate the universality of human rights and their legal protection.

Read more less

Book SynopsisThis volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

Read more less

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

Read more less

Book SynopsisWhen can a state give political support to a military intervention in another state? The Government of the Netherlands commissioned an Expert Group to examine this complex, topical and time-sensitive question and to consider whether it should press for international acceptance of humanitarian intervention as a new legal basis for the use of force between states in exceptional circumstances. This volume is the result of those efforts. The Expert Group was led by Professor Cyrille Fijjnaut and consisted of Mr. Kristian Fischer, Professor Terry Gill, Professor Larissa van den Herik, Professor Martti Koskenniemi, Professor Claus Kreß, Mr. Robert Serry, Ms. Monika Sie Dhian Ho, Ms. Elizabeth Wilmshurst and Professor Rob de Wijk. Their thorough analysis and recommendations offer important insights that can aid governments in formulating a position on political support for the use of force between states and humanitarian intervention. The volume also constitutes a useful tool for scholars and practitioners in considering these difficult and important issues.Trade Review"The Expert Group’s thorough analysis and recommendations on this complex subject offer important insights that can aid the government in formulating its position on political support for the use of force between states and humanitarian intervention. In drawing up this advisory report the Expert Group has helped the government develop a new, contemporary vision on these issues...." From the Foreword by Stef Blok, Minister of Foreign Affairs of the Netherlands.

Read more less

Book SynopsisThe book provides an empirical account of the laws that regulate today’s scenes of armed conflict by looking into the details of one particular military incident and its ex-post legal accounting. Empirically, the book focuses on a highly controversial airstrike in Afghanistan (2009), in which large numbers of civilians were identified as combatants and killed as such. The incident lends itself to reflect upon the relation between the violation of procedural rules and the violation of the international laws of armed conflict. The ethnomethodological Law-in-Action research investigates the practical details of legal accountability and explores how the event shaped and specified the legally required protection of civilians in armed conflict. Exploring the collaborative and systematic work that goes into the ‘application of law’ at the military and the judiciary site, the study develops an empirical respecification of the concept of ‘juridification of warfare’.Table of ContentsAbbreviations List of Figures and Tables Acknowledgements 1 Introduction  1.1 The Juridification of Warfare as an Empirical Phenomenon  1.1.1 Post-Cold War Developments  1.1.2 Civil Law and Victims’ Rights to Compensation  1.1.3 Relations of War and Law  1.1.4 Analysing and Assessing Scenes of Combat  1.2 Overview of the Chapters 2 Civilian Deaths and Legal Responsibility  2.1 The Kunduz-Airstrike  2.1.1 Military, Political and Legal Investigations  2.1.2 Enduringly Contested Details: Defensive-Offensive Strike  2.1.3 Unjustifiable at First Sight  2.1.3.1 Scandalisation: The Airstrike as a Turning Point in the National Afghanistan Debate  2.1.3.2 From Non-War to War: Redefinition of Military Engagement  2.1.4 Mistakes and Violation of Rules  2.2 Knowing Civilians  2.2.1 Combat(ed) Categorisation: The Colonel’s Account  2.2.1.1 The Setting  2.2.1.2 Decision-Making as Mental Process and Categorial Certainty  2.2.1.3 Correlation of Word and Image: The Video Material as a Telling Source  2.2.1.4 Auxiliary Collections and Translations  2.2.1.5 Visible Signs of Taliban and Everyday Performance of Distinction  2.2.1.6 Errors as Normal Part of Work  2.2.2 Criminal Investigations 3 Legal Assessments and the Study of Organised Action  3.1 Law and Action  3.1.1 The Home of Law and Motivated Compliance  3.1.2 Ethnomethodology: Rules and Situated Sense-Making  3.1.3 Law and Categories  3.2 Rule-Following in/of Organisations  3.2.1 Accountability of (Organised) State Action  3.3 Procedurally-Organised Work and Procedural Cultures  3.3.1 Procedural Decision-Making  3.3.2 Funnelling and Procedural Cultures  3.4 From Object Fromation to Organised Action  3.4.1 The Co-Structuring Object  3.4.2 Organised Action as a Turn in Law/War  3.5 Studying Procedural Work  3.5.1 Two Temporal Orders  3.5.2 Discursive Materials in Document-Based Environments  3.5.3 tsa as a Methodological Sensitising Device 4 Judging Military Action  4.1 Studying Court Work  4.2 Cross-Procedural Turn-Taking: The Civil Lawsuit  4.2.1 Complaint: The Video Material Evidence against Klein  4.2.1.1 Recognition of the Reconstructed Events on the Sandbank  4.2.1.2 Visible Categories  4.2.1.3 Careful Average Soldier  4.2.2 Defence Brief: Interpretative Restraint  4.2.3 Hierarchy of Issues  4.3 Seeing Like the Military  4.3.1 Analytic Approaches to the “Military Viewer”  4.3.2 Hearing: The Staging of Competence  4.3.2.1 What Everyone Can See  4.3.2.2 The Military Experts  4.3.2.3 The Afghanistan Expert  4.3.3 The Military Viewer and His Special Competences: Professional Vision  4.4 Military Situation and Legal Significance  4.4.1 Undoing the Legal Capacity of the Military Object  4.4.2 The Subsequent Turns: Preferences within the Viewer’s Maxims  4.4.2.1 Plaintiffs: Viewer’s Maxim of Caution  4.4.2.2 Court: Viewer’s Maxim of Hostility  4.4.3 Standards of Military Reconnaissance  4.5 Constellating Dispute 5 Collaborative Accountability of Legal Targeting  5.1 Cohesion and Rule-Following  5.1.1 Fighting for Precision  5.1.2 Precision and Legality as Collaborative Achievement  5.2 Data and Research  5.2.1 The Transcribed Situation and the Process of Target Development  5.2.2 Transcript and Process  5.3 Collaborating in Targeting  5.3.1 Audio-Video Material and the Transcript  5.3.2 Target Handover  5.3.3 Identification Work  5.3.4 Work on Open Issues upon Arrival – Business as Usual  5.3.4.1 Friendlies: Opening Issue by Standard Procedure  5.3.4.2 Show of Force: Not Now but Later?  5.3.4.3 The Drivers: Settled or Open Issue?  5.3.5 Responding to Developments on the Ground  5.3.5.1 New People: Adjustment of the Target  5.3.5.2 Declaring Target to Be Time-Sensitive  5.3.6 Pilot Seeking Clarification on Two Issues  5.3.6.1 Target Definition  5.3.6.2 Drivers  5.3.7 Problem Solving Activities for “RoE Issues”  5.3.7.1 In Accordance with RoE: Target Category and Clearance Authority  5.3.7.2 Show of Force and Target Selection: This Is What We Like to Do  5.3.7.3 Show of Force and Target Selection: Working with Some RoE Issues  5.3.7.4 Situation on the Ground  5.3.8 Switch of Interaction System  5.4 Legal Targeting and the Suspension of Doubts  5.4.1 Disobedience and the (In)Capacity to Know What Is Wrong  5.4.2 Funnelling: Working the Temporal Order of Targeting  5.4.3 Between “collaborating for precision” and “authoritarian positing” 6 Conclusions Organised Action and the Assessment of Legality  6.1 Legal Action Unlimited  6.2 Members’ and Researchers’ Analysis of Action  6.3 Producing Legality  6.3.1 Neutralising Alternatives  6.3.2 Radical Ways of Producing Certainty  6.4 The Reproducibility of Assessments  6.5 Re-Assessing Legal Targeting  6.5.1 Collaborative Accountability  6.5.2 The Legal Capacity of the Target  6.6 Progressing Law Appendix 1 Map Kunduz Area with German Camp and Place of Bombing Appendix 2 Redacted Transcript of Cockpit Communication Recorded in One of the F-15 Fighters References Index

Read more less

Book SynopsisHow international is international humanitarian law? The Laws of Yesterday's Wars 2: From Ancient India to East Africa, together with its companion volume, The Laws of Yesterday’s Wars: From Indigenous Australians to the American Civil War (Brill-Nijhoff, 2021), attempts to answer that question. It offers a culture-by-culture account of various unique restrictions placed on warfare over time. Containing essays by a range of laws of war academics and practitioners, it approaches the laws of yesterday’s wars from a wide cross-section of history and culture, seeking to find any common ground and to demonstrate a history of international law outside the usual confines of its ‘development’ by Europeans and its later ‘contributions.’ This volume includes studies on Japanese, Islamic and Eastern Native American rules of war.

Read more less

Book SynopsisThe Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. In the Thematic Section of Volume 3, entitled ‘Health and International Disaster Law’ distinguished scholars debate legal and institutional implications of the Covid-19 pandemic and health emergencies in relation to several emerging or neglected topics.Table of ContentsEditorial: Issue no. 3 (2020) Acknowledgments Thematic Section: Health and International Disaster Law Global Obligations to Ensure the Right to Health: Strengthening Global Health Governance to Realise Human Rights in Global Health  Benjamin Mason Meier, Judith Bueno de Mesquita, and Caitlin R. Williams Regulating Digital and AI Technologies: Lessons from the Digitisation of Contact-Tracing during the Covid-19 Pandemic  Lorna McGregor Africa and Pandemics: Towards a Regional Health Security Regime  Mutoy Mubiala Regime Interaction and the Protection of Refugees during COVID-19  Thomas Mulder, Gabrielle Simm and Sarah Williams Realising the Right to Health during the COVID-19 Pandemic: An Antidote to the Pandemic and the Catalyst for Fulfilling a Long-Neglected Social Right?  Ingrid Nifosi-Sutton Pandemic Risk and International Law: Laying the Foundations for Proactive State Obligations  Pedro A. Villarreal On Sea Monsters and Sandcastles: Revisiting International Legal Frameworks Regarding Public Health and Human Rights in Global Health Emergencies  Alicia Ely Yamin, Stefania Negri and Roojin Habibi General Section International Cooperation and the Protection of Persons Affected by Sea-Level Rise: Drawing the Contours of the Duties of Non-Affected States  Patrícia Galvão Teles, Claire Duval and Victor Tozetto da Veiga Vessel for Drowning Persons? The Standard-Setting Potential of International Human Rights Litigation in Addressing Climate Displacement  Margaretha Wewerinke and Melina Antoniadis The International Labour Organisation and Disasters. The Contribution of ILO Recommendation No. 205 on ‘Employment and Decent Work for Peace and Resilience’ to International Disaster Law  Claire La Hovary Technological Hazards During Armed Conflicts: The Case of the SAFER Oil Tanker in Yemen  Mara Tignino Rising from the Ashes, Once Again? The Beirut Port Explosion and International Disaster Law  Silvia Venier Vulnerability, Arctic Indigenous Groups and Oil Spills: Potential Contributions to the Work of the Arctic Council  Giovanna Maria Frisso The Role of Disasters in Investment Arbitration  Rhys Carvosso International Disaster Law in Practice United Nation Bodies (2020)  Emanuele Sommario UN Office for Disaster Risk Reduction (2020)  Marie Aronsson-Storrier Global Non-State Actors (2020)  Tommaso Natoli Asia (2020)  Emika Tokunaga Africa and MENA Regions (2020)  Nicholas Wasonga Orago Europe (2020)  Federico Casolari North America, Central America and the Caribbean (2020)  Kirsten Nakjavani Bookmiller South America (2020)  Hugo Cahueñas Pacific (2020)  Laura Braid and W. John Hopkins Polar Regions (2020)  Stefan Kirchner International Disaster Law at the Domestic Level: The Philippines  Pauline Agatha Caspellan Climate Change Law (2020)  Rosemary Lyster International Human Rights Law (2020)  Marlies Hesselman Regional Human Rights Bodies (2020)  Flavia Zorzi Giustiniani International Cultural Heritage Law (2020)  Flavia Zorzi Giustiniani International Economic Law (2020)  Giovanna Adinolfi and Giulio Bartolini International Environmental Law (2020)  Sophie Gambardella International Health Law (2020)  Stefania Negri Law of the Sea (2020)  Anastasia Telesetsky Migration/Refugee Law (2020)  Matthew Scott Space Law (2020)  Diego Zannoni Sources of IDL: The New IFRC Disaster Law Database  Dug Cubie Review of Books (2020) (Edited by Tommaso Natoli) Flavia Zorzi Giustiniani, ‘International Law in Disaster Scenarios – Applicable Rules and Principles’ (Springer 2021)  Lucia Bakošová Matthew Scott, ‘Climate Change, Disasters, and the Refugee Convention’ (Cambridge University Press 2020)  Jean-François Durieux Lavanya Rajamani, ‘Innovation and Experimentation in the International Climate Change Regime’ (Brill 2020)  Feja Lesniewska Stefania Negri (ed), ‘Environmental Health in International and EU Law: Current Challenges and Legal Responses’ (Routledge-Giappichelli, 2019)  Margherita Melillo Jan McDonald, Jeffery McGee and Richard Barnes (eds), ‘Research Handbook on Climate Change, Oceans and Coasts’ (Edward Elgar, Cheltenham 2020)  Nengye Liu Bibliographical Index of International Disaster Law (2020)  Edited by Giulio Bartolini Index

Read more less

Book SynopsisRead also Alexander Lott's blog on the recent Award of the Annex VII Arbitral Tribunal in the dispute concerning the Kerch Strait incident. Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.Table of ContentsPreface Acknowledgements List of Illustrations Abbreviations and Euphemisms part 1 The Meaning of Straits and Hybrid Threats 1 The Implications of Hybrid Threats to the Maritime Domain 2 The Legal Concept and Classification of Straits  2.1 The Legal Concept of a Strait  2.2 The Legal Classification of Straits  2.3 The Law of Naval Warfare in Straits and Its Relation to the Law of the Sea 3 The Concept of Hybrid Threats  3.1 The Meaning of Hybrid Conflicts  3.2 Differences between the Rules on the Use of Force in Maritime Law Enforcement Operations and Armed Conflicts  3.3 The Meaning of Hybrid Warfare part 2 Use of Force in Maritime Hybrid Warfare 4 Permit-Based Passage v. Transit Passage in an Occupied Area The 2018 Kerch Strait Incident and the 2022 Ukraine-Russia Naval Warfare  4.1 The Kerch Strait Incident and Its Implications for the Passage Regime in the Sea of Azov  4.2 Freedom of Navigation of Ukrainian and Russian Ships in the Kerch Strait  4.3 A Critical Analysis of Ukraine’s Arguments about the Applicability of Transit Passage to Ships and Aircraft in/over the Sea of Azov and the Kerch Strait  4.4 The Significance of 2003 Bilateral Treaties for the Passage Regime of the Kerch Strait  4.5 The Sea of Azov as a Potential Historic Bay and Its Implications for the Regime of Passage in the Kerch Strait under Article 35(a) of losc  4.6 The Importance of the Obligation of Non-recognition for the Passage Regime of the Kerch Strait  4.7 Parallel Legal Regimes vs Sui Generis Regime of the Kerch Strait  4.8 The Kerch Strait as a Belligerent Strait 5 Use of Force against Sovereign Immune Vessels Law Enforcement v. Humanitarian Law Paradigm  5.1 In dubio pro jus in bello?  5.2 Threshold of an Armed Attack in a Hybrid Naval Conflict  5.3 Distinction between Law Enforcement and Humanitarian Law Paradigms 6 Iran-Israel ‘Shadow War’ in Waters around the Arabian Peninsula and Incidents near the Bab el-Mandeb  6.1 Legal Regime of the Bab el-Mandeb  6.2 Geopolitical Characteristics of the Bab el-Mandeb  6.3 Terrorism and Piracy in and near the Bab el-Mandeb  6.4 Armed Conflict in Yemen  6.5 Background of the Iran-Israel Conflict  6.6 Problems with Attributing State Responsibility  6.7 Non-state Actors and Article 51 of the UN Charter 7 Russia’s Military Operations in the Territories of the Viro Strait’s Coastal States  7.1 Geographical and Geopolitical Characteristics of the Viro Strait  7.2 The Legal Regime of the Viro Strait  7.3 Foreign Military Activities in the Viro Strait: Incursions of Foreign Submarines and Military Aircraft part 3 Discriminatory Navigational Restrictions in Hybrid Conflicts 8 Discriminatory Prohibition of the Right of Transit Passage of a Commercial Ship The Arrest of Stena Impero by Iran  8.1 Geographical and Geopolitical Characteristics of the Strait of Hormuz  8.2 Legal Regime of the Strait of Hormuz  8.3 The 2019 Stena Impero Incident and the Traffic Separation Scheme in the Strait of Hormuz  8.4 Parallel Passage Regimes in the Strait of Hormuz?  8.5 Significance of Iranian Internal Waters for the Passage Regime in the Strait of Hormuz 9 Tensions in and over the Taiwan Strait in 2021  9.1 Legal and Geographical Characteristics of the Taiwan Strait  9.2 Navigation in the Taiwan Strait in the Light of Recent Developments in China’s Legislation  9.3 Geopolitical Tensions in the Taiwan Strait and Intrusions of Taiwan’s Air Defence Identification Zone 10 Discriminatory Navigational Restrictions in the Kerch Strait in Respect of Foreign Commercial Ships  10.1 The Significance of the Kerch Strait for Commerce  10.2 Restrictions on Foreign Commercial Ships’ Navigation through the Kerch Strait 11 Discriminatory Prohibition of the Right of Innocent Passage of a Commercial Ship The Vironia Incident in the Gulf of Finland  11.1 Right of Innocent Passage in the Eastern Gulf of Finland from 1920s to 2000  11.2 The Russian Federation’s Maritime Zones in the Gulf of Finland  11.3 The Vironia Incident in the Gulf of Finland and Its Aftermath  11.4 Potential Legal Basis of the Russian Federation’s Permit-Based Passage Regime in the Gulf of Finland part 4 Major Maritime Industrial Projects, Piracy, and Unidentified Soldiers 12 The Nord Stream Project and Estonian-Russian Incidents in the Viro Strait  12.1 Link between Industrial Projects and Maritime Security  12.2 The Significance of the Viro Strait’s eez Corridor for the Nord Stream Project  12.3 Marine Scientific Research in the Context of Seabed Studies on the Pipeline Route  12.4 The Incident between the Estonian Coast Guard and Russian Research Vessels in the Viro Strait’s eez Corridor  12.5 Permit-Based Marine Scientific Research in an eez: Estonia’s Decision to Deny Seabed Surveys 13 Countering the Threat of ‘Little Green Men’ in the Åland Strait  13.1 Geopolitical Characteristics of the Åland Strait and Preparations to Counter Unidentified Soldiers on the Åland Islands  13.2 Legal Regime of the Åland Strait 14 Threats of Piracy in the Straits of Malacca, Sunda, Lombok  14.1 Legal and Geopolitical Characteristics  14.2 Threats of Piracy in Indonesia and the Straits of Malacca and Singapore part 5 Concluding Observations on the Implications of Hybrid Threats for Maritime Security Law 15 A Need for a New Legal Framework on Hybrid Naval Warfare? 16 Discriminatory Navigational Restrictions in the Context of Hybrid Conflicts 17 Low-Intensity Use of Force (Hybrid Warfare) through the Prism of Law Enforcement and an Armed Attack 18 Guidelines for Distinguishing between the Rules of Armed Conflict and Law Enforcement in Grey Zone Naval Incidents  18.1 Use of Force by State Vessels against Attacks Launched from Commercial Ships  18.2 Use of Force against a Commercial Ship in a Law Enforcement Operation  18.3 State vs State Scenario Bibliography Chronological Table of International Instruments Table of National Legislation Chronological Table of Cases Chronological List of Maps Index

Read more less

Book SynopsisThe Yearbook of International Disaster Law aims to represent a hub for critical debate in this emerging area of research and policy and to foster the interest of academics, practitioners, stakeholders and policy-makers on legal and institutional issues relevant to all forms of natural, technological and human-made hazards. This Yearbook primarily addresses the international law dimension of relevant topics, alongside important regional and national dimensions relevant for further development of legal and policy initiatives. In the Thematic Section of volume 4, entitled ‘Regionalisation and Localisation of International Disaster Law’, distinguished scholars explored legal/institutional approaches adopted by regional and sub-regional organizations toward disaster law issues or the interaction of international disaster law and policies with domestic legal orders and local actors.Table of ContentsEditorial Issue No. 4 (2021) Acknowledgments Thematic Section: Regionalisation and Localisation of International Disaster Law YIDL Dialogues with Practitioners: Ms Adelina Kamal – Former Executive Director of the ASEAN Coordinating Centre for Humanitarian Assistance (AHA Centre)  A Dialogue with Tommaso Natoli and Dug Cubie Regionalism and Disaster Law  Christy Shucksmith-Wesley and Nigel D. White International Disaster Risk Reduction and Response Law Made in the Arctic  Stefan Kirchner and Federica Cristani The EU Approach towards Disaster Management: A Critical Appraisal in the Light of the Action Put in Place to Face the COVID-19 Pandemic  Federico Casolari Perspectives of Solidarity within the EU Legal Order in the Time of the Covid-19 Pandemic  Susanna Villani Legal Preparedness for International Disaster Assistance in the SADC Region An Analysis of the Incorporation of International Disaster Response Laws, Rules and Principles (IDRL) in Domestic Disaster Risk Management Legal and Policy Frameworks  Jeanique Andrea De Sousa Serradinho, Stella Njieri Ngugi and Reece Da Costa SAARC Regional Disaster Law: Need for Progressive Development  Priyanka Vaidyanath and Chhaya Bhardwaj ‘As the Island Choirs Gather’: Tracing a Regional Approach to Disaster and Climate Resilience in Pacific Island Countries  W. John Hopkins, Tommaso Natoli and Leanne Avila The Relevance of International Disaster Law Frameworks to a Pacific Island State: Insights on Localized DDR Governance from Palau  Luke Potter Strategic Litigation at the Domestic and International Levels as a Tool to Advance Climate Change Adaptation? Challenges and Prospects  Riccardo Luporini Forging Global Rule of Law through Climate Litigation against the United States and the Fossil Fuel Industry  Karen C. Sokol General Section Statehood, Human Rights and Sea-Level Rise: A Response to the International Law Commission’s Second Issues Paper on Sea-Level Rise in Relation to International Law  Bruce Burson, Walter Kälin and Jane McAdam Using International Law to Address the Effects of Climate Change: A Matter for the International Court of Justice?  Malgosia Fitzmaurice and Agnes Viktoria Rydberg The WHO’s Mixed Human Rights Messages  José E. Alvarez One Health and the Prevention of Pathogens’ Spillover  Ginevra Le Moli Towards Integrated Early Warning Systems Review of Disaster Risk Reduction and One Health Approaches in Light of Pandemic Treaty Negotiations  Adam Strobeyko and Gian Luca Burci The Glasgow Climate Pact: Is It All Just ‘Blah, Blah, Blah?’  Rosemary Lyster UN Human Rights Bodies and the UN Special Rapporteur on Human Rights and Climate Change: All Hands on Deck  Annalisa Savaresi The Racial Dimension of Disasters through the Prism of International Law  Michał Balcerzak Ensuring a Disability Perspective in Disaster Law: The Contribution of the Committee on the Rights of Persons with Disabilities  Kris Gledhill and Natalie Baird International Disaster Law in Practice Developments on the Draft Articles on the Protection of Persons in the Event of Disasters (2021)  Arnold N. Pronto Developments within the UN System (2021)  Emanuele Sommario UN Office for Disaster Risk Reduction (2021)  Marie Aronsson-Storrier Non-State Humanitarian Actors (2021)  Tommaso Natoli Asia (2021)  Emika Tokunaga Africa and MENA Regions (2021)  Nicholas Wasonga Orago North America, Central America and the Caribbean (2021)  Kirsten Nakjavani Bookmiller South America (2021)  Hugo Cahueñas and Felipe Idrovo Pacific (2021)  W. John Hopkins and Leanne Avila International Human Rights Law (2021)  Marlies Hesselman International Cultural Heritage Law (2021)  Flavia Zorzi Giustiniani International Economic Law (2021)  Giovanna Adinolfi Towards an Enhanced Policy Framework for Incoming Disaster Relief in Honduras (2021)  Sophie Teyssier International Environmental Law (2021)  Sophie Gambardella International Health Law (2021)  Stefania Negri Law of the Sea (2021)  Anastasia Telesetsky Migration/Refugee Law (2021)  Matthew Scott Space Law (2021)  Diego Zannoni Sources of International Disaster Law Focus on Case Law (2021)  Dug Cubie Review of Books  Edited by Tommaso Natoli Shinya Murase and Suzanne Zhou (eds), Epidemics and International Law  Giulia Bosi Irmgard Marboe (ed), Legal Aspects of Planetary Defence  Anne-Sophie Martin Alexandra Birchler, Climate change, resulting natural disasters and the legal responsibility of States: An International Law Perspective  Ronan McDermott Ivano Algona, Christina Bakker, and Jean-Pierre Gauci (eds), Climate Change Litigation: Global Perspectives  Geert van Calster Bibliographical Index of International Disaster Law (2021)  Edited by Giulio Bartolini Index

Read more less

Book SynopsisThe Responsibility to Protect and Counter-Terrorism both ‘came of age’ at the turn of the millennium, as the international community was grappling with the challenges emerging from the end of the Cold War. R2P embraced the value of the individual, while counter-terrorism emphasized the importance of the state. Each appeared to represent a distinct way of understanding security. However, as these two concepts have evolved through contestation, application, and reform, surprising points of conflict and congruence have emerged which open up new ways of understanding what it means to protect both civilians and the state. This collection of essays was first published in the journal Global Responsibility to Protect (vols. 14 and 15, 2022 and 2023).Table of ContentsAcknowledgements Notes on Contributors Introduction: The Responsibility to Protect and Counter-terrorism   Shannon Zimmerman 1 r2p and Counter-terrorism: Where Sovereignties Collide   Shannon Zimmerman 2 The Responsibility to Protect from Terror: The Ethics of Foreign Counter-terrorist Interventions   Isaac Taylor 3 ‘Are All Humans Human? Or Are Some More Human than Others?’ R2P, Terrorism, and the Protection of Civilians   Sascha Nanlohy 4 Counter-terrorism, the Responsibility to Protect, and the Protection of Civilians: Exploring Norm Clusters in the Case of Mali   Adrian Gallagher, Blake Lawrinson and Charles T. Hunt 5 Civilian Protection: Integrating Community Self-Protection with the Responsibility to Protect and the UN Global Counter-terrorism Strategy   Wisdom Oghosa Iyekekpolo 6 Terrorism and Pillar Two Protection Assistance: The Yazidis on Mount Sinjar   Josie Hornung Index

Read more less

Book Synopsis

Read more less

Book Synopsis1. Introduction.- 2. The UN Security Council's International Legal Regime on Foreign Fighters and its Consistency with the Rule of Law and Human Rights.- 3. The Legal Response to Foreign Fighters at the European Level and its Consistency with the Rule of Law and Human Rights.- 4. The United Kingdom's Criminal Justice Response to Foreign Fighters and its Consistency with the Rule of Law and Human Rights.- 5. The Netherlands' Criminal Justice Response to Foreign Fighters and its Consistency with the Rule of Law and Human Rights.- 6. The Deprivation of Citizenship and Other Administrative Measures Aimed at Foreign Fighters and their Consistency with the Rule of Law and Human Rights.- 7. Resolving the Foreign Fighter Conundrum: The European Legal Response to Foreign Fighters and its Consistency with the Rule of Law and Human Rights.

Read more less

Book SynopsisIntroduction to the Book and Topic.- Actors and Approaches of Strategic Litigation.- Framework for Access to Justice via Strategic Litigation.- The Impact of Strategic Litigation.- Concerns and Issues Regarding Strategic Litigation.- Potential of Strategic Litigation for Enforcing IHL.- Case Study: US Drone Strikes in Yemen via Ramstein Air Base.- Case Study: The Air Strike Ordered by a German Military Official in Kunduz.- Brief Comparison of the Cases and Conclusion.- Index.

Read more less

Book SynopsisThough the Qatar 2022 FIFA Men''s World Cup is for many a symbol of long-standing corruption and human rights problems, the event may actually represent something entirely new. Megasports are now demonstrating a capacity to leave what this book calls a human rights and anti-corruption legacy: norms, practices, policies, or laws that have application beyond sport, are likely to endure after the event, and the implementation of which is accelerated by hosting the event. In the 2010s, Brazil''s hosting of the FIFA Men''s World Cup and Summer Olympics, and then South Korea''s hosting of the Winter Olympics, left what this book calls reactive, accidental, and one-dimensional anti-corruption legacies. Most would be shocked to find that Qatar now moves this legacy concept forward, undertaking to create megasports'' first intentional and proactive human rights legacy. The first and perhaps best opportunity to build a proactive, intentional, and two-dimensional human rights and anti-corruption legacy lies in France, as it prepares to host the 2024 Paris Summer Olympics while implementing new landmark anti-corruption and human rights laws. The concept may still advance in Australia and New Zealand (2023 FIFA Women''s World Cup) and Italy (2026 Milan Cortina Winter Olympics). However, the United Bid of Canada, the United States, and Mexico has promised the first proactive, intentional, and two-dimensional legacy around the 2026 FIFA Men''s World Cup. The book analyzes existing megasport policies and practices, then suggests reforms to acknowledge and support these new legacies.Trade ReviewSpalding proposes a constructive approach for organisers of MSE to consciously create human rights and anti-corruption legacies. * Bernd Justin Jütte, Irish Jurist *Table of ContentsPreface Abbreviations PART I: ORIGINS OF A HUMAN RIGHTS AND ANTI-CORRUPTION LEGACY Chapter 1. From the Founding through Globalization: Preconditions of the New Legacy Chapter 2. Toward Globalized Standards: Human Rights Due Diligence and Anti-Corruption Compliance PART II: EARLY INTIMATIONS OF A NEW LEGACY Chapter 3. An Awakening: Brazil's 2014 FIFA Men's World Cup and 2016 Rio de Janeiro Summer Olympics Chapter 4. A Pattern Emerges: South Korea's 2018 Pyeongchang Winter Olympics PART III: PROGRESSING TOWARD A PROACTIVE, INTENTIONAL, AND TWO-DIMENSIONAL LEGACY Chapter 5. The First Intentional and Proactive Human Rights Legacy: Qatar's 2022 FIFA Men's World Cup Chapter 6. A Large But Latent Legacy: the Paris 2024 Summer Olympics Chapter 7. Future Legacy Opportunities: Australia and New Zealand 2023; Italy 2026; and the U.S., Canada, and Mexico 2026 PART IV: BUILDING A FRAMEWORK Chapter 8. The Legal Foundation: The Host-City/Country Contract Chapter 9. How Reforms Create Legacies: Constructing a Model Chapter 10. Conclusion: A How-To Guide

Read more less

Book SynopsisIn a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is financial pain, and what does it mean to monetize concentration camp survivor syndrome?Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit rTrade Review"How to Accept German Reparations is a fascinating read, with insights on reparations, mourning, and memory that far transcend the particular instance of the Holocaust. Anyone interested in these issues, no matter where they apply, should read this book." * Human Rights Quarterly *"[An] idiosyncratic, far-ranging, well written book. . . . This is several thoughtful books in one." * Lora Wildenthal, German History *"This remarkable book is a deeply anthropological study of a problem that reaches back into the author's own familial past and connects it with an astonishing but entirely persuasive array of themes, including agency, victimhood, nationalism, racism, and religion. Slyomovics's measured, graceful prose undoes the false simplicities of attributing right and wrong-locating the book securely at the heart of what social anthropology is all about." * Michael Herzfeld, Harvard University *

Read more less