The book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses. The issue has arisen where a government is frustrated in its ability to remove a non-citizen subject to a removal order and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights and a range of contemporary issues in public law.The book analyses the legal context, reasoning and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. It demonstrates that, taking into account variations in legal frameworks and doctrines, a judge's response to indefinite detention is determined by his or her answer to the question whether a non-citizen, subject to a removal order, retains a right to liberty. It details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty.The thesis on which the book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

Russia and European Human-Rights Law critically examines Russia's experiences as part of the European human righs protection system since its admittance in 1998. The authors combine legal and constructivist international relations theory perspectives in this study of Russia's practice and rhetoric in the Council of Europe and before the European Court of Human Rights.

In this work Moritz Jesse analyses the legal framework within which inclusion of immigrants into the receiving societies can take place. The inclusion of immigrants cannot be enforced by law. However, legislation must provide the room within which integration can take place legally. By studying residence titles, procedures and other sources in a comparative and critical way, Jesse wants to discover whether the legal potential for integration in the EU and the three Member States is sufficient for the inclusion of immigrants.

An expert examination of U.S. immigration law and its various reforms from 1965 to the present. U.S. Immigration: A Reference Handbook is an authoritative, timely, and balanced review of immigration law in the United States. This title ranges from the "Kennedy" law of 1965 to the recent restructuring of the Immigration and Naturalization Service as a part of the creation of the new Department of Homeland Security. The work offers a clear look at historic and ongoing immigration problems in the United States and the reforms enacted to address them. It provides insightful summaries of key statutes and landmark court cases, as well as biographical profiles of the principal players in U.S. immigration policy. Coverage includes problems within our borders such as legal and political attempts to control illegal immigration, to global concerns including terrorism, epidemics, and economic and trade issues. Provides biographical sketches of both governmental and nongovernmental figures involved in U.S. immigration policy reform such as Doris Meissner and Lydio Tomasi Summarizes every key U.S. law and court decision concerning immigration since 1965 including the Immigration Acts of 1990 and 1996 as well as the Immigration Reform and Control Act of 1986

This research review provides a comprehensive overview of children's human rights. Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, it explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children's socio-economic rights, including their rights to education. This topical research review is an invaluable resource for scholars, students, and activists.

Macroprudential policy focuses on the financial system as a whole, as distinct from individual institutions, and its objective is to limit the costs to the real economy from system-wide distress of the financial sector. This book offers a critical, contextual and comparative examination of the nature of macroprudential policy as an emerging legal domain. It explores why macroprudential policy is necessary and how best to design tailored legal, institutional and governance frameworks that support the various supervisory stages in macroprudential regimes. Questions addressed relate to the design of the macroprudential mandate and institutional structures, independence, transparency and accountability arrangements, the nature and limitations of macroprudential authorities' supervisory powers, as well as the challenges that are likely to be encountered during the generation, collection and analysis of data and the use of macroprudential tools. The book extends well beyond being a 'one-stop-shop' introduction on all aspects of macroprudential policy. It digs deeper and does the heavy lifting by analysing the unique features of macroprudential policy that set it apart from other policy areas; examining the pulling (and at times, contradicting) forces which affect it and surfacing its complex and evolutionary nature and the unique challenges confronting macroprudential authorities. In order to derive and capture the theoretical foundations of macroprudential policy and support the high-level suggestions made on how to operationalise it, the book draws on established scholarships from international law as well as theories developed in the Organisational Behaviour field. It presents and explains the law within the context of the most recent empirical research in economics, including research on the prevalent governance structure of macroprudential policy, its interaction with other policy areas and the effectiveness of macroprudential tools. The normative discussion in the book is also grounded in practical specificities through detailed critical analysis of macroprudential policy frameworks at the national level (UK and US), regional level (EU) and global level (FSB, IMF and BIS).

In Outrageous Invasions: Celebrities' Private Lives, Media, and the Law, Professor Robin D. Barnes examines the role and nature of privacy in Western democracies. Celebrities are routinely subjected to stalking, harassment, invasion of privacy, and defamation. These occurrences are often violations of their constitutional rights. Professor Barnes addresses growing concerns about the widespread immunity from liability enjoyed by United States tabloid publishers. Outrageous Invasions chronicles these experiences and the legal battles waged by celebrities in both the United States and European Union against a press corps that continuously invades their private lives.
Professor Barnes analyzes doctrinal developments in cases from the United States Supreme Court and the High Courts of Europe. These cases demonstrate that American celebrities are entitled to, but not receiving, the same protections as their European counterparts. In Outrageous Invasions, Professor Barnes explains the value of the rights of the individual to democratic nations. She notes the importance of insuring appropriate protection for freedom of expression and associational freedom through meaningful regulation in the instances when speech rights collide with equally important values such as privacy and equality.

Professors Grear and Kotze have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.' - Benjamin J. Richardson, University of Tasmania, Australia'As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.' - Philippe Sands, University College London, UK Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law. The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures. An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law. Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotze, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Theriault, F. Venter

Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here - on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance - are important for broader understandings of border control policy and human rights.

Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors - from various disciplines, such as philosophy, legal history, political science and international law - contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.

Rejecting the extreme arguments of today's debates, the author examines what the framers of the Constitution actually said about religious freedom The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all-including agnostics and atheists-that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value. Now it is for us, Meyerson concludes, to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

A fundamental resource for anyone interested in the long-term ramifications of the European migration crisis, this book objectively assesses how Europe's future course will be impacted by the key security, political, and economic trends and events stemming from the migration crisis. The November 13, 2015 Paris terrorist attacks marked the definitive moment when the migration crisis became associated with terrorism, stoking an increasingly heated debate over the perceived dangers of migration, Islam, and extremist politics in Europe. The sudden emergence of migration as the mobilizing factor for European security, political discourse, and socio-economic realities has profoundly affected Europe's contrasting perceptions of its own identity and values, precipitating an increasingly global response to tackling migration challenges in Europe and worldwide. Migration, Terrorism, and the Future of a Divided Europe: A Continent Transformed chronicles the turbulent events of the 2015-2016 migration crisis, creating a context in which future political, economic, social, and security trends in Europe can be understood. The study also examines in detail the deep history of the ideological origins and histories of treaties and policies that have defined the European Union and its guidance of the crisis. Readers will gain insight into the origins, factual realities, and projected ramifications for the continent's future security, politics, and socio-economic identity; the impact of media coverage on public perception; the differing policies and rhetoric of rival right- and left-wing parties in Europe; and the new security threats arising from a widened terrorist threat matrix that will comprise new targets, methods, and logistics. Finally, the book outlines the larger policy actions and trends expected, on the global level, towards handling future migration crises, and explains how this will have an impact on Europe. This important new work is the cumulative result of author Chris Deliso's extensive academic background in European history and thought; his on-the-ground presence in the target region before, during, and after the crisis; and his interviews with security officials, diplomatic figures, and practitioners directly involved with shaping the policies that were visible during the crisis. Offering a broad historical context, the text portrays the current crisis within the context of a much longer institutional and ideological divide that has existed in Europe and shaped policies for almost a century. Presents a contextualized, multidisciplinary study of the migrant crisis that covers everything from organized crime and terrorism to media ethics, economic aspects, and the history of ideas Discusses U.S. security and economic interests in Europe, how these interests will be impacted by the crisis, and measures the United States is likely to take to confront challenges Provides insights from an author and journalist who has 15 years of regional experience, has an academic background in European history, and has interviewed European decision makers and practitioners involved with handling the crisis

This book will systematically examine how Supreme Court detainee cases have been implemented over time with an emphasis on the role of the president in this process. More specifically, it will test the hypothesis that an active, energetic executive branch has the ability to powerfully shape the implementation process of judicial decisions in a policy area it has deemed important. It concludes that the President, though just one of many actors in the implementation process, wields considerable influence and has a variety of tools that can be used to shape the manner in which judicial decisions are implemented and achieve his policy goals. It also explores why presidents seem to have the upper hand in the implementation process when compared with the power and influence of Congress and the courts.

A central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of "non-refoulement" contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.

The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

In this study we look at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. We studied cases from both countries to see how this tension is resolved. We pay special attention to 'public interest' defence since the media often justifies its attack on reputation on 'public interest', even when it is substituting its own interest for this 'public interest'.