The word 'refugee' is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: * well-founded fear; * persecution; * the loss of refugee status and exclusion; * the rights of refugees; * and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.

This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions. As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author's wide experience of equality law in many jurisdictions. As well as chapters charting the social challenges and legal responses, the book compares the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Later chapters test these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment; as well as to the particularly controversial issue of affirmative action or deliberate preference policies. Discussing at length how racisms, sexism, LGBTQ+ rights, and other topics impact these contexts. The final chapter asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.

Restricting Los Angeles Paparazzi: California's Legal Efforts Impacting Free Press Rights is a detailed analysis of California's anti-paparazzi laws aimed at protecting celebrities' privacy. Joshua N. Azriel provides an ethnographic, First Amendment-based critique of the state's privacy and anti-harassment laws and discusses the broader implications of these laws on free press rights. Azriel conducted fieldwork acting as a paparazzo taking photos of celebrities and interviewed paparazzi directly about whether they comply with the laws, providing readers with insight into the challenges and ethics of the paparazzi industry and firsthand perspectives of photographers in the field. Scholars of media studies, legal studies, and sociology will find this book particularly useful.

This book provides a comprehensive analysis of EU legislation in the area of legal migration. Five Directives on family reunification, long-term residence, students, researchers and highly qualified migrants are critically assessed. Moreover, the implementation of the Directives in three Member States (Germany, the Netherlands and Sweden) and national legislation in two Member States with an opt-out from EU migration law (the UK and Netherlands) are assessed. This includes national rules on the integration of third-country nationals and access to citizenship. The book calls into question the compliance of several European and national provisions with EU principles of law and international human rights.

Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights. This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.

This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

The First Amendment to the United States Constitution begins: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements-the so-called Nonestablishment Clause and the Free Exercise Clause-and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church's "establishment" interferes with free exercise. In this respect, the First Amendment's clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners' religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment's conflicting values into account.

Examines the Impact of the Idealism of the Personal Liberty Laws of Pennsylvania, New York, Massachusetts, Ohio and Wisconsin The Personal Liberty Laws reflected the social ethical commitment to freedom from slavery and as such were among the bricks that laid the foundation for the Fourteenth Amendment. Morris examines those statutes as enacted in the five representative states Pennsylvania, New York, Massachusetts, Ohio and Wisconsin, and argues that these laws were an alternative to the violence allowed by the southern slave codes and the extreme abolitionist viewpoints of the north. Thomas D. Morris 1938-] taught in the Department of History, Portland State University and is the author of Southern Slavery and the Law, 1619-1860. CONTENTS I. Slavery and Emancipation: the Rise of Conflicting Legal Systems II. Kidnapping and Fugitives: Early State and Federal Responses III. State "Interposition" 1820-1830: Pennsylvania and New York IV. Assaults Upon the Personal Liberty Laws V. The Antislavery Counterattack VI. The Personal Liberty Laws in the Supreme Court: Prigg v. Pennsylvania VII. The Pursuit of a Containment Policy, 1842-1850 VII. The Fugitive Slave Law of 1850 IX. Positive Law, Higher Law, and the Via Media X. Interposition, 1854-1858 XI. Habeas Corpus and Total Repudiation 1859-1860 XII. Denouement Appendix Bibliography Index

Sanctions against private individuals have been widely used in the fight against terrorism, but not without significant controversy. This book examines the complex institutional and substantive issues arising from the European Union's practice of listing and sanctioning private individuals suspected of supporting terrorism. It provides a comprehensive analysis of the issues raised by individual sanctions adopted to give legal effect to United Nations lists and those drawn up by the EU itself.
The book demonstrates that individual sanctions endanger the protection of fundamental rights and the functioning of the European legal order. While the ECJ has in principle confirmed that all Community sanctions are subject to full judicial review irrespective of whether they give effect to UN lists or EU lists, in practice individuals do not have the necessary procedural rights at their disposal. Additionally, protection from listings of individuals as terrorist suspects in the second and third pillar remains very limited. This raises the possibility that national constitutional courts could challenge the supremacy of European law in reaction to this disregard of fundamental rights and foundational principles.
The book provides a comprehensive analysis of these complex legal issues, and situates them in their international context. The basis of the book is a critical review of the case-law of the CFI and the ECJ on individual sanctions. Conclusions are drawn how the EU Courts should provide fundamental rights protection and suggestions are made how the adoption procedure of individual sanctions could comply with general principles of EU law.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Some argue that the judiciary is ill-equipped to examine such measures, for instance because they lack the expertise of the institutions which bring them about under exigent conditions. Others claim that subjecting counter-terrorism measures to judicial review is crucial for maintaining a jurisdiction's principles of constitutionalism. This volume brings together voices from all sides of the debate from a broad range of jurisdictions, from North America, Europe and Australasia. It does not attempt to 'resolve' the argument but rather to explore it in all its dimensions. The debates are essentially concerned with fundamental questions of organising and making accountable the exercise of power in a particularly challenging environment. The book is necessary reading for all those concerned with counter-terrorism, but also with broader public law, constitutional law and administrative law principles.

This collection of seminal essays by David Little addresses the subject of human rights in relation to the historical settings in which its language was drafted and adopted. Featuring five original essays, Little articulates his long-standing view that fascist practices before and during World War II vivified the wrongfulness of deliberately inflicting severe pain, injury, and destruction for self-serving purposes and that the human rights corpus, developed in response, was designed to outlaw all practices of arbitrary force. Drawing on the natural rights tradition, the book contends that while there must be an accountable human rights standard, it should nevertheless guarantee wide latitude for the expression and practice of religious and other conscientious beliefs, consistent with outlawing arbitrary force. This book further details the theoretical grounds of the relationship between religion and human rights, and concludes with essays on U.S. policy and the restraint of force in regard to terrorism and to cases like Vietnam, Afghanistan, and Pakistan. With a foreword by John Kelsey, this book stands as a capstone of the work of this influential writer on religion, philosophy, and law.

Is the neglect of economic, social and cultural abuses in international criminal law a problem of positive international law or the result of choices made by lawyers involved in mechanisms such as criminal prosecutions or truth commissions? Evelyne Schmid explores this question via an assessment of the relationship between violations of economic, social and cultural rights and international crimes. Based on a thorough examination of the elements of international crimes, she demonstrates how a situation can simultaneously be described as a violation of economic, social and cultural rights and as an international crime. Against the background of the emerging debates on selectivity in international criminal law and the role of socio-economic and cultural abuses in transitional justice, she argues that international crimes overlapping with violations of economic, social and cultural rights deserve to be taken seriously, for much the same reasons as other international crimes.

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.

This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.

Language and integration tests as a condition for naturalisation and various types of legal residence permits are topical issues in several European Member States. The introduction of the tests reflects a change in ideas on the relationship between legal status and integration. Since the introduction of the tests is a rather recent development, little is known of the effects of the formalised testing schemes. Whether the tests have in fact contributed to the integration of immigrants in the host society or whether they function as a mechanism for selection and exclusion is unknown. In this book, experts from Austria, Belgium, Denmark, France, Germany, Hungary, Latvia, the Netherlands and the United Kingdom analyse the policies concerning the integration of newcomers and/or future citizens in their countries.

This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.

In this pathbreaking study, Pamela Steiner deconstructs the psychological obstacles that have prevented peaceful settlements to longstanding issues. The book re-examines more than 100 years of destructive ethno-religious relations among Armenians, Turks, and Azerbaijanis through the novel lens of collective trauma. The author argues that a focus on embedded, transgenerational collective trauma is essential to achieving more trusting, productive, and stable relationships in this and similar contexts. The book takes a deep dive into history - analysing the traumatic events, examining and positing how they motivated the actions of key players (both victims and perpetrators), and revealing how profoundly these traumas continue to manifest today among the three peoples, stymying healing and inhibiting achievement of a basis for positive change. The author then proposes a bold new approach to "conflict resolution" as a complement to other perspectives, such as power-based analyses and international human rights. Addressing the psychological core of the conflict, the author argues that a focus on embedded collective trauma is essential in this and similar arenas.

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

Winner of the Myrna F. Bernath Book Award "A stunning accomplishment...As the Trump administration works to expatriate naturalized U.S. citizens, understanding the history of individual rights and state power at the heart of Under the Starry Flag could not be more important." -Passport "A brilliant piece of historical writing as well as a real page-turner. Salyer seamlessly integrates analysis of big, complicated historical questions-allegiance, naturalization, citizenship, politics, diplomacy, race, and gender-into a gripping narrative." -Kevin Kenny, author of The American Irish In 1867 forty Irish American freedom fighters, outfitted with guns and ammunition, sailed to Ireland to join the effort to end British rule. They were arrested for treason as soon as they landed. The Fenians, as they were called, claimed to be American citizens, but British authorities insisted that they remained British subjects. Following the Civil War, the Fenian crisis dramatized the question of whether citizenship should be considered an inalienable right. This gripping legal saga, a prelude to today's immigration battles, raises important questions about immigration, citizenship, and who deserves to be protected by the law.

This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical. Since the European Parliament has adopted the General Data Protection Regulation (Regulation 2016/679), which will apply from 25 May 2018, there are many details to be sorted out. This volume identifies and exemplifies key, contemporary issues. From fundamental rights and offline alternatives, through transparency requirements to health data breaches, the reader is provided with a rich and detailed picture, including some daring approaches to privacy and data protection. The book will inform and inspire all stakeholders. Researchers with an interest in the philosophy of law and philosophy of technology, in computers and society, and in European and International law will all find something of value in this stimulating and engaging work.

This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court's rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.