Die Autorin behandelt in dieser Arbeit die Lehre von der Geschaftsgrundlage, wie sie sich im 20. Jahrhundert entwickelt hat und durch das Schuldrechtsmodernisierungsgesetz kodifiziert worden ist. Auch die Vorlaufer der Geschaftsgrundlagenlehre, namlich die Lehre von der Voraussetzung von Windscheid und die sogenannte clausula rebus sic stantibus, kommen zur Sprache. Ferner wird die Auspragung durch Oertmann und die Rechtsprechung des Reichsgerichts zu verschiedenen Fallgruppen der Geschaftsgrundlagenproblematik behandelt: Wahrungsverfall, Zweckvereitelung und Irrtumsfalle. Die Rechtsprechung des Bundesgerichtshofs wird mit den einzelnen Urteilen eingehend vorgestellt und analysiert. Untersucht wird zudem das Schrifttum aus der Zweiten Halfte des 20. Jahrhunderts. Abschliessend analysiert die Verfasserin das vom Schuldrechtsmodernisierungsgesetz geschaffene neue Recht. Dabei geht es vor allem um die Abgrenzung der sich uberschneidenden Regelungen der 275 und 313 BGB, des Unvermoegens bzw. der Unzumutbarkeit und der Geschaftsgrundlagenstoerung.

The Rights of Indians and Tribes, first published in 1983, has sold over 100,000 copies and is the most popular resource in the field of Federal Indian Law. The book, which explains this complex subject in a clear and easy-to-understand way, is particularly useful for tribal advocates, government officials, students, practitioners of Indian law, and the general public. Numerous tribal leaders highly recommend this book. Incorporating a user-friendly question-and-answer format, The Rights of Indians and Tribes addresses the most significant legal issues facing Indians and Indian tribes today, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. This fully-updated new edition features an introduction by John Echohawk, Executive Director of the Native American Rights Fund.

This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.

This book provides comprehensive coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals. This new edition has been fully revised to take account of the latest developments in the Court's practice since 2010, including: the introduction (in 2014) of a mandatory application form; the updated Court Rules and practice directions; a more expansive approach to interim measures; the application of the 'no significant disadvantage' admissibility test and further applications of the exhaustion of domestic remedies rule and the six months' time limit; the steep rise in the use of unilateral declarations in striking cases out; developments in the use of 'Article 46' and pilot judgments; and the more extensive application of non-pecuniary measures of redress (including reinstatement to employment, disclosure of information and the protection of witnesses). This edition includes an expanded and up-to-date article-by-article commentary on the substantive law of the European Convention. Issues covered by the recent case-law include secret rendition, restrictions on in vitro fertilization, medical mistreatment, the treatment of migrants at sea and asylum procedures, states' extra-territorial jurisdiction, same-sex partnerships, and discrimination. There is new law on the rights of suspects, defendants and life sentence prisoners, and the duties owed to the victims of domestic violence, domestic servitude, and human trafficking. With such vast coverage and accessibility, this book is indispensable for anyone studying in this field.

Imagine being physically denied access to your office, business or livelihood. Imagine being refused entry to a shop or being told who you can or cannot sit with at a restaurant. Imagine being barred from a hospital room when you or your family member needs critical care. Unthinkable? Today, these scenarios and worse are happening in 'democracies' all over the world, and could be our collective future - orchestrated by AI, Big Tech and state-sponsored apps - all in the name of 'protecting' public health with vaccine passports. The stakes could not be higher. If you do not have a vaccine passport, you will be prevented from accessing basic services, from earning a living or travelling within your own country. Even if you do have one, you will be exposed to unprecedented levels of government and corporate surveillance, data mining and behavioural control. In Scanned, investigative journalist Nick Corbishley examines and exposes the lies and overreach that underpin the wholesale erosion of personal freedoms that is happening at an alarming rate. In clear language supported by rigorous research, Corbishley uncovers how the rollout of vaccine passports not only represents an unprecedented violation of privacy and bodily autonomy, but how it perpetuates the idea that a 'small' collective sacrifice will allow us to return to normality. If things continue on the current path, Corbishley makes clear, getting back to 'normal' is never happening. Put simply, instead of a return to normality, we will see the creation of a starkly different form of existence in which most of us will have virtually no agency over our own lives. Inside Scanned, you'll also find: The massive implications of a tech-enabled digital ID, social credit systems and biometric tracking How basic freedoms and privacy are being handed over to the state and private companies without our knowledge or consent How government programmes and increased surveillance will facilitate discrimination, segregation and stigmas for huge segments of the population Few people want to be seen as outliers, especially if it means feeling responsible or being blamed for the suffering and deaths of others. 'But there is a fundamental flaw in applying the "greater good" argument to vaccine passports,' Corbishley writes, 'because the passports themselves offer precious little in the way of potential good - and a huge amount in the way of potential harm.' This is not a liberal or conservative debate. This is not a vaccinated or unvaccinated debate. This is about freedom, global democracy and how much we are willing to give up. This is about deciding when it is time to say, 'enough!'

Der Standardkommentar zum Haftungsrecht des Strassenverkehrs erscheint in der Neuauflage in der bewahrten systematischen Form, die Handbuch und Kommentar verbindet. Das Werk behandelt samtliche Tatbestande einer verschuldensunabhangigen Haftung, erlautert die Haftung aus unerlaubter Handlung sowie alle sonstigen Haftungstatbestande und enthalt alle Regelungskomplexe, aus denen sich eine Beschrankung oder ein Ausschluss der Haftung herleiten lasst. Jeweils gesonderte Abschnitte sind dem Ersatz des Sachschadens und des Personenschadens in all ihren Auspragungen gewidmet. Ausfuhrlich behandelt wird der Forderungsubergang auf Privatversicherer, Sozialversicherungs- und Versorgungstrager. Erlauterungen zu den prozessualen, insbesondere beweisrechtlichen Fragen der Verkehrsunfallhaftung schliessen das Werk ab. In der Neuauflage wird die Rechtsprechung zum Schadensersatzrecht weiter ausdifferenziert, das neue Versicherungsvertragsgesetz eingearbeitet und der verstarkte Einfluss des internationalen und europaischen Rechts auf das Verkehrshaftungsrecht berucksichtigt.

Women are still far from equal to men yet discrimination on the grounds of sex is unlawful. In this compelling, new book, Sandra Fredman asks the question: why has the law had so little impact? She argues that it is due to inherent limitations within the legal framework. In particular, the law is unable to address the division of labour within the family, a factor which continues to prove a serious impediment to women's progress. The author concludes that only when this caring work is properly valued, and men and women participate equally in both family life and the paid workforce will real progress in the arena of sexual equality be made.

The authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers. Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics. This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.

A timely and important contribution to the study of immigration court from a psychological perspective Every day, large numbers of immigrants undertake dangerous migration journeys only to face deportation or "removal" proceedings once they arrive in the U.S. Others who have been in the country for many years may face these proceedings as well, and either group may seek to gain lawful status by means of an application to USCIS, the benefits arm of the immigration system. Mental Health Evaluations in Immigration Court examines the growing role of mental health professionals in the immigration system as they conduct forensic mental health assessments that are used as psychological evidence for applications for deportation relief, write affidavits for the court about the course of treatment they have provided to immigrants, help prepare people emotionally to be deported, and provide support for immigrants in detention centers. Many immigrants appear in immigration court-often without an attorney if they cannot afford one-as part of deportation proceedings. Mental health professionals can be deeply involved in these proceedings, from helping to buttress an immigrant's plea for asylum to helping an immigration judge make decisions about hardship, competency or risks for violence. There are a whole host of psycho-legal and forensic issues that arise in immigration court and in other immigration applications that have not yet been fully addressed in the field. This book provides an overview of relevant issues likely to be addressed by mental health and legal professionals. Mental Health Evaluations in Immigration Court corrects a serious deficiency in the study of immigration law and mental health, offering suggestions for future scholarship and acting as a vital resource for mental health professionals, immigration lawyers, and judges.

Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur'an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.

Bisher wurde die Geschichte der Grund- und Menschenrechte in bezug auf die Zeit vor 1789 uberwiegend als ideengeschichtlicher und philosophischer Prozess begriffen. Schmales Studie zeigt hingegen die sozial- und mentalitatsgeschichtliche Dimension dieses Prozesses. Erstmals kann gezeigt werden, dass Theorie und Praxis der Grund- und Menschenrechte in der Fruhen Neuzeit durch regionalspezifische Konjunkturen ("Grundrechtekonjunkturen") gekennzeichnet werden, die mit der Bewaltigung umfassender Krisen verknupft sind. Ausgehend vom mikrohistorisch ver-tieften Vergleich zweier Regionen (Kursachsen und Herzogtum Burgund) wird die Ebene des deutsch-franzosischen Vergleichs erreicht und in eine europaische Perspektive eingebettet. Der methodische Zugriff der rechtshistorischen Archaologie des Rechts einerseits und der Archaologie des Wissens von Michael Foucault andererseits wurden als "Archaologie der Grund- und Menschenrechte" zu einem neuen methodischen Konzept verknupft. Die Studie enthalt die erste Begriffsgeschichte von "Menschenrecht" von der Antike bis 1789 sowie erstmals einen historiographischen Uberblick uber die Erforschung der Geschichte der Grund- und Menschenrechte vom ausgehenden 18. Jahrhundert bis heute."

While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as 'responsibility to protect' and 'sovereignty as responsibility' have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human.

This volume presents an integrated collection of essays around the theme of India's failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country's recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India's parallel legal system of Lok Adalats to resolve disputes. It calls into question India's claim to be a contemporary liberal democracy. The thesis is given added strength by the authors' diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the 'nuclear' state in India.

'Equal is not Enough' is the title of a series of conferences that has aimed, over the years, to generate a better understanding of what shapes and reshapes inequalities by inviting and promoting multi-disciplinary insights and reflection. One of the conferences hosted at Antwerp University in February 2015 focused on discrimination law. The conveners welcomed papers on the relationship between social policy and discrimination law (or closely related human rights issues), which investigate the tensions and (in)compatibilities between the respective aims and tools of social policy and discrimination law. They were particularly interested in contributions that transcend legal technicalities and reflect on the function of discrimination law as part of a wider social policy in the European Union and its member states. Following a very strict selection procedure conducted by the editors and rigorous peer review, a collection of papers from the conference now appears in this book, Equal is not Enough, which takes its name from the title of the conference. In short, within this volume, the reader will find a selection of high-quality papers presented at this conference, organised by the Flemish Policy Research Centre on Equality Policies (a consortium of the Universities of Antwerp, Brussels, Ghent, Hasselt and Leuven). This publication is aimed at researchers, but it will also be of interest to practitioners of discrimination law who would like to enhance their scientific background.

This book focuses on women's human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women's rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women's human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women's human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.

This book focuses on women's human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women's rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women's human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women's human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.

This is a definitive assessment of the current situation regarding migration in a comprehensive range of European countries with chapters on the USA, Canada, and New Zealand for purposes of comparison. Each country study is written by a local expert and the book as a whole is edited by one of Europe's leading scholars in the economics of migration.

This volume brings together reflections on citizenship, political violence, race, ethnicity and gender, by some of the most critical voices of our times. Detailed and wide-ranging individual reflections, take the writings of prominent Ugandan political theorist Mahmood Mamdani as a touchstone for thinking about the world from Africa. Contributors apply this theory to argue that we cannot make sense of the political contentions of difference, identity and citizenship today without understanding the legacies of colonial rule on our world. Chapters examine the persistence of the past, and how we must reckon with its tragedies, its injustices, and its utopias in order to chart a new politics; the politics of possible futures that are more inclusive and more egalitarian, and that can think of difference in more equitable ways. In a time when the call to decolonize knowledge, and politics rings loud and clear, this is both a timely and a crucial intervention.

Before 9/11, films addressing torture outside of the horror/slasher genre depicted the practice in a variety of forms. In most cases, torture was cast as the act of a desperate and depraved individual, and the viewer was more likely to identify with the victim rather than the torturer. Since the terrorist attacks of September 11, 2001, scenes of brutality and torture in mainstream comedies, dramatic narratives, and action films appear for little other reason than to titillate and delight. In these films, torture is devoid of any redeeming qualities, represented as an exercise in brutal senselessness carried out by authoritarian regimes and institutions.

This volume follows the shift in the representation of torture over the past decade, specifically in documentary, action, and political films. It traces and compares the development of this trend in films from the United States, Europe, China, Latin America, South Africa, and the Middle East. Featuring essays by sociologists, psychologists, historians, journalists, and specialists in film and cultural studies, the collection approaches the representation of torture in film and television from multiple angles and disciplines, connecting its aesthetics and practices to the dynamic of state terror and political domination.

A human right to higher education was included in the International Covenant on Economic Social and Cultural Rights (ICESCR), which came into force in 1976. Yet the world has changed significantly since the ICESCR was drafted. State legislation and policies have generally followed a neoliberal trajectory, shifting the perception of higher education from being a public good to being a commodity able to be bought and sold. This model has been criticized, particularly because it generally reinforces social inequality. At the same time, attaining higher education has become more important than ever before. Higher education is a prerequisite for many jobs and those who have attained higher education enjoy improved life circumstances. This book seeks to determine: Is there still a place for the human right to higher education in the current international context? In seeking to answer this question, this book compares and contrasts two general theoretical models that are used to frame higher education policy: the market-based approach and the human rights-based approach. In the process, it contributes to an understanding of the likely effectiveness of market-based versus human rights-based approaches to higher education provision in terms of teaching and learning. This understanding should enable the development of more improved, sophisticated, and ultimately successful higher education policies. This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach. In reaching this conclusion, the book identifies and addresses some strategic considerations of relevance for advocates of a human rights-based approach in this context.

Deportation has again taken a prominent place within the immigration policies of nation-states. Irregular Citizenship, Immigration, and Deportation addresses the social responses to deportation, in particular the growing movements against deportation and detention, and for freedom of movement and the regularization of status. The book brings deportation and anti-deportation together with the aim of understanding the political subjects that emerge in this contested field of governance and control, freedom and struggle. However, rather than focusing on the typical subjects of removal - refugees, the undocumented, and irregular migrants - Irregular Citizenship, Immigration, and Deportation looks at the ways that citizens get caught up in the deportation apparatus and must struggle to remain in or return to their country of citizenship. The transformation of 'regular' citizens into deportable 'irregular' citizens involves the removal of the rights, duties, and obligations of citizenship. This includes unmaking citizenship through official revocation or denationalization, as well as through informal, extra-legal, and unofficial means. The book features stories about struggles over removal and return, deportation and repatriation, rescue and abandonment. The book features eleven 'acts of citizenship' that occur in the context of deportation and anti-deportation, arguing that these struggles for rights, recognition, and return are fundamentally struggles over political subjectivity - of citizenship. This book will be of interest to students and scholars of citizenship, migration and security studies.

Cosmopolitanism and the Development of the International Criminal Court analyzes a set of prominent and competing discourses that emerged in the context of the development and establishment of the International Criminal Court (ICC). The ICC is the first permanent juridical body designed to prosecute individuals who commit offences including war crimes, crimes against humanity, and genocide. Drawing on scholarship on public memory and human rights, the book argues that international law and the international human rights system play a key role for the development of transnational memory discourses and transnational or cosmopolitan subjectivities. Despite the International Criminal Court being recognized as a landmark development in global cooperation, an examination of key events in the development of the court shows how some state and nonstate actors advance calls for cosmopolitanism while others resist cosmopolitanism to bolster nation-state sovereignty. Drawing on the establishment of the International Criminal Court as a case study, the book examines several events that continue to shape national and international public discourse. The book examines debates that occurred during the drafting process of the international treaty at the United Nations and that led to the groundbreaking inclusion of provisions on gender and sexual violence in the Rome Statute of the ICC in 1998. The analysis discusses the tension between feminist advocates' rhetoric and the discourse of anti-women's rights actors involved in the treaty-making process who resisted such inclusions in international criminal law. The book analyzes other key events related to the establishment of the ICC that invoke tensions between competing demands of cosmopolitanism and national sovereignty, including advocacy campaigns by nongovernmental organizations working to drum up public support of the institution of the International Criminal Court and the debates surrounding the unprecedented act of the United States "unsigning" an international treaty. In sum, this examination of the rhetoric of state and nonstate actors attempting to shape the court according to their visions of global community shows how discourses about international criminal law and human rights are employed not only to advance cosmopolitanism but also to strengthen nationalist discourses.