This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

In 2015, the United Nations formulated 17 ambitious goals towards transforming our world the Sustainable Development Goals (SDG 2030). Their relation to public international law has been studied, but private law has received less attention in this context and private international law none at all. Yet development happens, not only through public action, but also through private action and such action is governed predominantly by private law and private international law. This book demonstrates an important, constructive role for private international law as an indispensable part of the global legal architecture needed to turn the SDGs into reality. Renowned and upcoming scholars from around the world analyse, for each of the 17 SDGs, what role private international law actually plays towards advancing these goals and how private international law could, or should, be reformed to advance them. Together, the chapters in the book bring to the fore the hitherto lacking private side of transforming our world.

This book is concerned with children's economic and social rights (sometimes referred to simply as children's social rights). Despite increased academic interest in both children's rights and socio-economic rights over the last two decades, children's social and economic rights remain a comparatively neglected area. This is particularly true with regard to the role of the courts in the enforcement of such social rights. Aoife Nolan's book remedies this omission, focussing on the circumstances in which the courts can and should give effect to the social and economic rights of children. The arguments put forward are located within the context of, and develop, long-standing debates in constitutional law, democratic theory and human rights. The claims made by the author are supported and illustrated by concrete examples of judicial enforcement of children's social and economic rights from a variety of jurisdictions. The work is thus rooted in both theory and practice. The author brings together and addresses a wide range of issues that have never previously been considered together in book form. These include children's socio-economic rights; children as citizens and their position in relation to democratic decision-making processes; the implications of children and their rights for democratic and constitutional theory; the role of the courts in ensuring the enforcement of children's rights; and the debates surrounding the litigation and adjudication of social and economic rights. This book thus represents a major original contribution to the existing scholarship in a range of areas including human (and specifically social) rights, legal and political theory and constitutional law. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School 'Thus far the burgeoning literature on the judicial enforcement of socio-economic rights has failed to engage in a sustained, systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies. This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio-economic rights claims, children's rights, and democratic theory. Nolan navigates skilfully through the dense, but rich literature in these areas as well as relevant international and comparative law. In so doing she illuminates both the pitfalls and potential of resorting to courts in a partial response to the multifaceted and deeply entrenched global phenomenon of child poverty.' Professor Sandra Liebenberg, HF Oppenheimer Professor of Human Rights Law, University of Stellenbosch Law Faculty. Winner of the Kevin Boyle Book Prize 2012, awarded by the Irish Association of Law Teachers to a book that is deemed to have made an outstanding contribution to the understanding of law.

This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.

Explores and documents the causes and effects of the long history of vote denial on American politics, culture, law, and society. The debate over who can and cannot vote has been "on trial" since the American Revolution. Throughout U.S. history, the franchise has been awarded and denied on the basis of wealth, status, gender, ethnicity, and race. Featuring a unique mix of analysis and documentation, Voting Rights on Trial illuminates the long, slow, and convoluted path by which vote denial and dilution were first addressed, and then defeated, in the courts. Four narrative chapters survey voting rights from colonial times to the 2000 presidential election, focus on key court cases, and examine the current voting climate. The volume includes analysis of voting rights in the new century and their implications for future electoral contests. The coverage concludes with selections of documents from cases discussed, relevant statutes and amendments, and other primary sources. A timeline giving the history of voting rights from 1619, when Virginia planters voted for the first time, to 2000, when the Supreme Court invalidated Florida's recount process, which ultimately determined the outcome of the election Excerpts of key legal documents including Reynolds v. Sims (one person, one vote) and Bush v. Gore (debate over nationalization of voting rights)

Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the typical legal or philosophical examination of rights, this book instead asks: Why is it - as a social and historical matter - that rights discourse is so prevalent and compelling to the current world? "Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity - in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." - Brian Z. Tamanaha, Professor of Law, Washington University Lawrence Friedman is the Marion Rice Kirkwood Professor of Law at Stanford University. His latest book joins Quid Pro's Contemporary Society Series.

Extraterritorial Human Rights Obligations from An African Perspective addresses the often neglected question of whether African regional human rights instruments impose extraterritorial obligations on State parties, and if so, the extent and scope of these obligations.The prevalence of extraterritorial violations of human and peoples' rights in the African system, due to the actions or omissions of African as well as non-African states, has not gone unnoticed. Strengthening extraterritorial obligations in Africa is an urgent necessity to ensure a rights-based African regional order that seeks to address, among other issues, challenges stemming from globalisation, accountability for human rights violations in Africa where a third state or entity (as well as an intergovernmental organisation) is involved, and to ensure respect and protection of the human rights of future generations. With the increasing quasi-judicial and judicial scrutiny of the extraterritorial reach of human rights and states duties, at both international and regional levels, including from the African Commission, the African region is ripe for extraterritorial analysis.Extraterritoriality is an emerging concept in the context of international human rights law, and has generally not been the focus of many books, and less so in the African context. This book is therefore among the first book of its kind providing the reader with a unique perspective on this important topic.

The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.

This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.

Countries are increasingly introducing data localization laws and data export restrictions, threatening digital globalization and inhibiting cloud computing's adoption despite its acknowledged benefits. Through a cloud computing lens, this multi-disciplinary book examines the personal data transfers restriction under the EU Data Protection Directive (including the EUUS Privacy Shield and General Data Protection Regulation). It covers historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data and control of access to data through security measures. The book further discusses data localization laws' failure to solve concerns regarding the topical and contentious issue of mass state surveillance. Its arguments are also relevant to other data localization laws, cross-border transfers of non personal data and transfers not involving cloud computing. Comprehensive yet accessible, this book is of great value to academics in law, policy, computer science and technology. It is also highly relevant to cloud computing/technology organisations and other businesses in the EU and beyond, data privacy professionals, policymakers and regulators.

The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers -- judges, academics and members of the bar -- who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years.

Written by a well-known commentator on the South African legal system who became, by chance, the first witness to give testimony at these hearings, this book reveals, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid deserted its victims. The few notable exceptions both illustrate the potential for lawyers to have done more and laid the basis for the respect the rule of law still enjoys in South Africa despite apartheid.

Yet, as the author shows, many continue to commit a more serious 'crime'. Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds.

This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers -- lawyers and non-lawyers alike -- interested in the relationshipbetween law and justice, as it is exposed during a period of transition to democracy.

Privacy is a fundamental concern of all individuals in the modern information-driven society, but information security goes beyond digital and data-oriented approaches to include the basic components of what makes us human. Protecting the Genetic Self from Biometric Threats: Autonomy, Identity, and Genetic Privacy considers all aspects of privacy and security relating to an individual's DNA. With a concentration on fundamental human rights as well as specific cases and examples, this essential reference brings pertinent, real-world information to researchers, scientists, and advocates for greater security and privacy in the modern world.

In this comparative study of the contemporary politics of deportation in Germany and the United States, Antje Ellermann analyzes the capacity of the liberal democratic state to control individuals within its borders. The book grapples with the question of why, in the 1990s, Germany responded to vociferous public demands for stricter immigration control by passing and implementing far-reaching policy reforms, while the United States failed to effectively respond to a comparable public mandate. Drawing on extensive field interviews, Ellermann finds that these crossnational differences reflect institutionally determined variations in socially coercive state capacity. By tracing the politics of deportation across the evolution of the policy cycle, beginning with anti-immigrant populist backlash and ending in the expulsion of migrants by deportation bureaucrats, Ellermann is also able to show that the conditions underlying state capacity systematically vary across policy stages. Whereas the ability to make socially coercive law is contingent on strong institutional linkages between the public and legislators, the capacity for implementation depends on the political insulation of bureaucrats.

With California's passage of the Save Our State Initiative in 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation on federal immigration and naturalization policy has been harsh on Asian immigrants, although less so since 1965. This documentary history covers all major immigration laws passed by Congress since 1790. The volume opens with an overview of the basis on which Congress has restricted Asian immigration. It then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

With California's passage of the Save Our State Initiative in November 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation establishing federal immigration and naturalization policy has been particularly harsh on Asian immigrants. Although Congress has been less hostile to Asian immigration since 1965, there was a renewed effort to limit immigration from Asia as recently as 1989, and the restrictive national mood will undoubtedly find its way into the 1996 elections. Showing the impact of immigration laws on Asian immigrants, this documentary history covers all major immigration laws passed by Congress since 1790.

The volume's opening chapter points to three major theses--that initially Congress restricted and excluded Asian immigration on the basis of its traditional policy of denying citizenship to nonwhite people, that Congress denied Asians entry to the U.S. on the grounds that their culture made them incompatible with Americans, and that Congress passed laws treating each of the Asian ethnic groups as a racialized ethnic group. The volume then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.

The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.

This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.

A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

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.