An 'implementation crisis' has been identified in the enforcement of rulings of UN and regional human rights bodies, and fundamental but crucial questions remain unanswered: what exactly does it mean to implement and comply with international and regional human rights decisions, and what factors influence whether a state implements and complies or not? Much more is now known about the work of the African Commission on Human and Peoples' Rights, but a gap still exists in the literature on the implementation of the findings of the Commission. This book draws upon the data and evaluation from a four-year research project, analysing the range of pronouncements of the African Commission, including its decisions on individual communications, provisional measures, resolutions, and promotional and protective mission reports. It investigates the extent to which states implement these findings and examines how that implementation is monitored by others.

Much has been written on the Argentine dictatorship and the transitional justice movement that brought its members to justice. However there has been no study to date of the economic accomplices to this dictatorship and the recent advancements in Argentina towards holding these actors accountable. What was the role of banks, companies, and individuals in perpetuating a murderous regime? To what extent should they be held responsible? As the first academic study on economic complicity in Argentina, this book attempts to answer these questions. Renowned human rights scholars investigate the role played by such actors as Ford, Mercedes Benz, the press, foreign banks, and even the Catholic Church. Across numerous case studies, the authors make a compelling argument for the legal responsibility of economic accomplices. A groundbreaking interdisciplinary study, this book will be essential to anyone interested in transitional justice, business, and human rights.

While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word - yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.

Are human rights really a building block of global constitutionalism? Does global constitutionalism have any future in the theory and practice of international law and global governance? This book critically examines these key questions by focusing on the mechanisms utilised by global constitutionalism whilst comparing the historical functioning of constitutional rights in national systems. Yahyaoui Krivenko provides new insights into the workings of human rights and associated notions, such as the state, the political, and the individual, by demonstrating that human rights are antithetical to global constitutionalism and encouraging new discussions on the meaning of global constitutionalism and human rights. Drawing on the interdisciplinary works of such thinkers as Agamben, Luhmann, Bourdieu, Deleuze and Guattari, this book also considers practical examples from historical experience of ancient Greek and early Islamic societies. It will appeal to scholars interested in human rights, international law and critical legal theory.

The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.

More than twenty years after the fall of communism, many countries in Central and Eastern Europe are still seeking truth and justice for the repression suffered under communist rule. This search has been particularly notable in the Baltic states, given the three countries' histories as both former Soviet republics and later member-states of the European Union. On the one hand, the legacy of Stalinist oppression was more severe in these countries than elsewhere in Central Europe, but on the other hand much of this past could more easily be externalized onto the former Soviet Union (and by extension Russia) following re-independence. Transitional and Retrospective Justice in the Baltic States develops a novel conceptual framework in order to understand the politics involved with transitional and retrospective justice, and then applies this outline to the Baltic states to analyze more systematic patterns of truth- and justice-seeking in the post-communist world.

Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.

The tension between blasphemy laws and the freedom of expression in modern times is a key area of debate within legal academia and beyond. With contributions by leading scholars, this volume compares blasphemy laws within a number of Western liberal democracies and debates the legitimacy of these laws in the twenty-first century. Including comprehensive and up-to-date comparative country studies, this book considers the formulation of blasphemy bans, relevant jurisprudential interpretations, the effect on society, and the ensuing convictions and penalties where applicable. It provides a useful historical analysis by discussing the legal-political rationales behind the recent abolition of blasphemy laws in some Western states. Contributors also consider the challenges to the tenability of blasphemy laws in a selection of well-balanced theoretical chapters. This book is essential reading for scholars working within the fields of human rights law, philosophy and sociology of religion, and comparative politics.

The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights.

There are a multitude of UN legal instruments which pertain to the rights of freedom of expression and information, and this book is the first to comprehensively map them and their function. It details the chequered history of both of these rights within the UN system and evaluates the suitability of the system for overcoming contemporary challenges and threats to the rights. Leading scholars address key issues, such as how the rights to freedom of expression and information can come into conflict with other human rights and with public policy goals, such as counter-terrorism. The book's institutional focus comprises five international treaties, UNESCO and the UN Special Rapporteur on freedom of expression. Relevant for academics, lawyers, policy-makers and civil society actors, it also examines how new communication technologies have prompted fresh thinking about the substance and scope of the rights to freedom of expression and information.

In recent years, political philosophers have debated whether human rights are a special class of moral rights we all possess simply by virtue of our common humanity and which are universal in time and space, or whether they are essentially modern political constructs defined by the role they play in an international legal-political practice that regulates the relationship between the governments of sovereign states and their citizens. This edited volume sets out to further this debate and move it ahead by rethinking some of its fundamental premises and applying it to new and challenging domains, such as socio-economic rights, indigenous rights, the rights of immigrants and the human rights responsibilities of corporations. Beyond the philosophy of human rights, the book has a broader relevance by contributing to key themes in the methodology of political philosophy and addressing urgent issues in contemporary global policy making.

Generations of festering culture wars, compounded by actual wars in predominantly Muslim countries, the terrorism of Isis, and the ongoing migrant crisis have all combined to make religious discrimination the most pressing challenge now facing many governments. For the leading common law nations, with their shared Christian cultural heritage balanced by a growing secularism, the threat presented by this toxic mix has the potential to destabilise civil society. This book suggests that the instances of religious discrimination, as currently legally defined, are constrained by that cultural context, exacerbated by a policy of multiculturalism, and in practice, conflated with racial, ethnic or other forms of discrimination. Kerry O'Halloran argues that many culture war issues - such as those that surround the pro-choice/pro-life debate and the rights of the LGBT community - can be viewed as rooted in the same Christian morality that underpins the law relating to religious discrimination.

How did Canadian border officers come to think of themselves as a "police of the border"? This book tells the story of the shift to law enforcement in Canadian border control. From the 1990s onward, it traces the transformation of a customs organization into a border-policing agency. Border Frictions investigates how considerable political efforts and state resources have made bordering a matter of security and trade facilitation best managed with surveillance technologies. Based on interviews with border officers, ethnographic work carried out in the vicinity of land border ports of entry and policy analysis, this book illuminates features seldom reviewed by critical border scholars. These include the fraught circulation of data, the role of unions in shaping the border policy agenda, the significance of professional socialization in the making of distinct generations of security workers and evidence of the masculinization of bordering. In a time when surveillance technologies track the mobilities of goods and people and push their control beyond and inside geopolitical borderlines, Cote-Boucher unpacks how we came to accept the idea that it is vital to deploy coercive bordering tactics at the land border. Written in a clear and engaging style, this book will appeal to students and scholars in criminology, sociology, social theory, politics, and geography and appeal to those interested in learning about the everyday reality of policing the border.

Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.

In this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring presents new findings and perspectives from leading international scholars on several emerging areas issues in legal and economic research. The collection contains new theoretical papers on privacy, the protection of personal data, the use of regulatory monitoring under legal standards versus rules, a study of the properties of market efficiency in securities fraud litigation, as well as an analysis of non-exclusionary price floors. It also contains an empirical paper on the relationship between uncertainty of patent approval of artificial intelligence applications and the Supreme Court's decision in Alice Corp. v. CLS Bank International. Finally, the volume features a law-and-economics assessment of the Chinese financial system within the context of the trade-off between centralized control and rapid growth. This 30th volume of Research in Law and Economics showcases the cutting edge theoretical and empirical findings for researchers and professionals considering these complex issues intersecting law, technology, and economics.

This book presents the first detailed history of the modern passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation. The author argues that modern nation-states and the international state system have 'monopolized the 'legitimate means of movement',' rendering persons dependent on states' authority to move about - especially, though not exclusively, across international boundaries. This new edition reviews other scholarship, much of which was stimulated by the first edition, addressing the place of identification documents in contemporary life. It also updates the story of passport regulations from the publication of the first edition, which appeared just before the terrorist attacks of 9/11, to the present day.

In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth.

By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emphasis on determining the definitional scope of slavery, servitude or forced labour, and gaining a clearer understanding of states' positive human rights obligations. This book compares anti-trafficking and human rights frameworks side-by-side and focuses its analysis on the Council of Europe's Trafficking Convention and Article 4 of the European Convention on Human Rights. With innovative arguments and pertinent case studies, this book is an important contribution to the field and will appeal to students, scholars and legal practitioners interested in human rights law, migration law, criminal law and EU law.

The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits.

The Demographic Transformations of Citizenship examines how attempts by contemporary states to govern demographic anxieties are shaping ideas about citizenship both as a boundary-maintaining mechanism and as an ideal of equal membership. These anxieties, while most often centred upon immigration, also stem from other demographic changes unfolding in contemporary states - most notably, the long-standing trend towards lower birth rates and consequent population ageing. With attention to such topics as control over borders, national identity, gender roles, family life and changing stages of life, Askola examines the impact of demographic changes, including but not limited to immigration. Drawing from a variety of disciplines, including law, demography, and sociology, this book discusses how efforts to manage demographic anxieties are profoundly altering ideas about citizenship and belonging.

Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.

It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. Daniel Ghezelbash's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and domestic political climate.