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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
This book investigates the law's approach to suicide in England and
Wales. It explores the seismic shift in perceptions of the law's
role in respect of suicide from imprisonment as a punishment for
attempting suicide, to courts hearing arguments about whether there
is not only a right to suicide but also a right to assistance in
suicide. This development stands alongside a global recognition of
suicide prevention as a public health priority. In this book, the
dual priorities of respect for autonomy and the protection of human
life are recognised as equally important and the legal issues
surrounding suicide in a range of different contemporary contexts,
including suicide in prison and juvenile suicide, are considered.
The book also investigates what the relationship between mental
health and suicide means for its legal regulation, and evaluates
the enduring legal offence of assisted suicide, particularly in the
context of the terminally ill. It is argued that a more refined
approach to the topic of voluntary death should be recognised in
the law; one that distinguishes more clearly between autonomous
decision-making about the end of life, and incapacitated
self-caused risks to life that require effective preventative
interventions.
In a digitally connected world, the question of how to respect,
protect and fulfil human rights has become unavoidable. Uniting
research from scholars and practitioners, this contemporary
Handbook offers new insights into well-established debates
surrounding digital technologies by framing them in terms of human
rights. An international group of expert contributors explore the
issues posed by the management of key Internet resources, the
governance of its architecture, the role of different stakeholders,
the legitimacy of rule-making and rule-enforcement, and the
exercise of international public authority over users. Highly
interdisciplinary, the Handbook draws on law, political science,
and international relations, as well as computer science and
science and technology studies in order to engage with human rights
aspects of the digitally connected world. The chapters examine in
depth current topics relating to human rights and security,
internet access, surveillance, automation, trade, and freedom of
expression. This comprehensive and engaging Handbook will be vital
reading for both researchers and students in law, human rights,
international politics, international relations and technology
studies. Policy-makers seeking an understanding of the state of
human rights in technology will also find this book a highly useful
resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski,
G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B.
Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L.
Jasmontaite, R.F. Jorgensen, C. Kavanagh, M.C. Kettemann, D. Korff,
G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G.
Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T.
Wetzling, M. Zalnieriute
Human rights are at a crossroads. This book considers how these
rights can be reconstructed in challenging times, with changes in
the pathways to the realization of human rights and new
developments in human rights law and policy, illustrated with case
studies from Africa, Europe, and the Americas. Contesting Human
Rights traces the balance between the dynamics of diffusion,
resistance and innovation in the field. The book examines a range
of issues from the effectiveness of norm-promotion by advocacy
campaigns to the backlash facing human rights advocates. The expert
contributors suggest that new opportunities at and below the state
level, and creative contests of global governance, can help
reconstruct human rights in the face of modern challenges. Critical
case studies trace new pathways emerging in the United Nations'
Universal Periodic Review, regional human rights courts,
constitutional incorporation of international norms, and human
rights cities. With its innovative approach to human rights and
comprehensive coverage of global, national and regional trends,
Contesting Human Rights will be an invaluable tool for scholars and
students of human rights, global governance, law and politics. It
will also be useful for human rights advocates with a keen interest
in the evolution of the human rights landscape. Contributors
include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P.
Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S.
Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl
This is a concise and accessible introduction to fundamental rights
in Europe from the perspectives of history, theory and an analysis
of European jurisprudence. Taking a multidisciplinary approach, the
book equips readers with the tools to understand the foundations
and the functioning of this complex and multi-layered topic. Key
Features: A combination of historical and philosophical approaches
with analysis of significant legal cases A multidisciplinary
outlook, in contrast to the strict legal approach of most textbooks
on the subject A European perspective which refers throughout to
central European values such as freedom, equality, solidarity and
dignity A specific focus on fundamental rights, which have received
less attention in the fields of legal history and theory in
comparison to human rights This textbook will be an important
resource for both undergraduate and postgraduate students in law,
philosophy and political science. It will be particularly useful to
those studying the law of fundamental rights or human rights as a
complement to more traditional legal approaches.
The concept of supranational European citizenship has become one of
the core concepts of the EU?s unique polity. It has, however, been
one of the most difficult to actualise. This book examines the
challenges of, and barriers to, exercising full citizenship rights
for European citizens and considers how they might best be
overcome. Drawing on cutting-edge research from interdisciplinary
areas of study, this book examines the key issues surrounding EU
citizenship. Reflecting on the diversity of European societies, it
identifies, analyses and compares the many barriers that citizens
face to fully exercising their rights. With chapters examining key
issues from migration to democratic governance and social rights,
Moving Beyond Barriers critically analyzes concepts of citizenship
and the way that EU citizenship is politically, legally,
economically and socially institutionalised, and elaborates
alternatives to the current paths of realising EU citizenship.
Citizenship issues feature prominently in the European
policy-making agenda and the insights offered by this book will be
of benefit to those with an interest in EU law, social and public
policy and administration. Policy-makers and practitioners will
also benefit from the reflections on citizenship and the practical
guidance on how to move beyond current issues regarding EU
citizenship. Contributors include: B. Anderson, W. Bakker, V.
Baricevic, F. Cheneval, S. de Vries, D. di Micco, O. Eberl, M.
Ferrin, M.-P. Granger, M. Hoogenboom, E. Ioriatti, T. Knijn, N.
Kosti, D. Levi-Faur, M. Naldini, M. Prak, E. Pulice, M.
Seeleib-Kaiser, S. Seubert, I. Shutes, M. van der Kolk, F. van
Waarden, S. Walker, P. Wallis
*Winner of the European Award for Investigative And Judicial
Journalism 2021* *Winner of the Premio Alessandro Leogrande Award
for Investigative Journalism 2022* 'I want to live in a society
where secret power is accountable to the law and to public opinion
for its atrocities, where it is the war criminals who go to jail,
not those who have the conscience and courage to expose them.' It
is 2008, and Stefania Maurizi, an investigative journalist with a
growing interest in cryptography, starts looking into the
little-known organisation WikiLeaks. Through hushed meetings,
encrypted files and explosive documents, what she discovers sets
her on a life-long journey that takes her deep into the realm of
secret power. Working closely with WikiLeaks' founder Julian
Assange and his organisation for her newspaper, Maurizi has spent
over a decade investigating state criminality protected by thick
layers of secrecy, while also embarking on a solitary trench
warfare to unearth the facts underpinning the cruel persecution of
Assange and WikiLeaks. With complex and disturbing insights,
Maurizi's tireless journalism exposes atrocities, the shameful
treatment of Chelsea Manning and Edward Snowden, on up to the
present persecution of WikiLeaks: a terrifying web of impunity and
cover-ups. At the heart of the book is the brutality of secret
power and the unbearable price paid by Julian Assange, WikiLeaks
and truthtellers.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This Advanced Introduction offers a succinct yet
comprehensive introduction to the multidisciplinary field of
children's rights. Inspired by the dilemma of difference in the
discussion of children's rights, chapters explore the equal rights
that children share with adults as well as their differentiated and
special rights. Key Features: Accessible, conceptually-grounded
exploration of the contemporary children's rights debates Inclusive
and multifaceted overview of children's rights within the human
rights paradigm Forward looking perspectives and discussion of the
future of children's rights Approaching the topic of children's
rights firmly within the human rights paradigm, this Advanced
Introduction will be a valuable companion for students and
academics interested in children's rights, human rights and
international law. Legal scholars and policy-makers looking to gain
insight into key areas in children's rights will also find this
book an interesting read.
Inquisitive and diverse, this innovative Research Handbook explores
the ways in which human rights apply to people at work, through
national constitutional provisions, judicial decisions and the
application of rights expressed in supranational instruments.
Analysing why certain human rights are deemed fundamental and how
they apply in the context of work, this expansive Research Handbook
highlights the gulf between the ideal applications of these rights
universally, and the increasing reality in the new economy that
these are rarely enforceable for employees in alternative forms of
employment. Established and emerging scholars provide perspectives
from countries across all continents, identifying issues of
prominence in their area of the globe. Probing workers' rights and
business obligations, the Research Handbook on Labour, Business and
Human Rights Law will be imperative reading for scholars and
students working within the fields of labour law, human rights, and
business ethics. This timely Research Handbook will also appeal to
lawyers, trade union officials and government affairs staff,
broadening their understanding of the laws and obligations
impacting their positions.
The book Intellectual Property Rights & Public Policy is rooted
in the fact that creativity and innovation have been hall mark of
knowledge economy. However despite there is an abundance of
innovative energies flowing in India a conducive ecosystem to
access to education, knowledge and health is far from reality.
Being TRIPS compliant country, the equitable and dynamic IP regime
with full potential of harnessing intellectual property for India's
economic growth, socio-cultural development and promotion of public
interest are distant goalposts. The pronouncement of National IPR
Policy spelt out the public policy orientation but the need to
create robust IP environment as stunning controversy thats spinning
out of control needs to hardly emphasized. The book is an erudite
compilation of renowned scholars in the field of intellectual
property having implication of moulding public policy discourse in
intellectual property law. The contributors of the volumes
luminates grey areas of research by drawing diverse perspectives
from academicians, judges and IP practitioners. The range of papers
diverse from jurisprudence of intellectual property to cyber law,
human right, access to food and medicine, biotechnology and law.
The book investigates prospects as well as the challenges by
encompassing theoretical and juridical dimensions in Indian
socio-legal context. The consequences of IP institutional failures
are unimaginable and pragmatic ending is unthinkable for any
vibrant nation like India. The book is never before seen
revelations and leading to a single impossible and inconceivable
truth of being panacea for plagued public policy diametric but
definitely an incredible collection in auguring healthy polemics of
knowledge management. To lend appropriate credence to the subject
the working of IP Laws and institutions is undertaken to hone out
the strategy of IP Law reform in public policy paradigm in India.
The outputs of the compilation can capture the attention of not
merely legal academics, policy makers, and legal profession but
also to IP practitioners, development planner and innovation
activists.
Applying a comparative analysis on law and practices, combined with
extensive data, this book considers the legal consequences for
public servants who make unauthorised disclosures of official
information and the protections available for whistleblowers. The
author provides an in-depth treatment of the law of unauthorised
disclosures in the UK to explore the protections available and
discusses the theoretical and legal justifications for the making
of disclosures, as well as the arguments for maintaining official
secrecy. The book discusses the legal consequences of leaking
information and a full assessment of the authorised alternatives,
providing recommendations for reform throughout. This book will be
of interest to academics working on whistleblowing, as well as
their students. The various recommendations provided in the book
will be of use to whistleblowing NGOs, policymakers and Members of
Parliament.
Ever since its inception, one of the essential tasks of the EU has
been to establish the internal market. Despite the impressive body
of case law and legislation regarding the internal market, legal
and factual barriers still exist for citizens seeking to exercise
their full rights under EU law. This book analyses these barriers
and proposes ways in which they may be overcome. Next to analysing
the key barriers to exercising economic rights more generally, this
book focuses on three areas which represent the applications of the
four basic freedoms: consumer rights, the rights of professionals
in gaining access to the market, and intellectual property rights
in the Digital Single Market. With chapters from leading
researchers, the main pathways towards the reduction and removal of
these barriers are considered. Taking into account important
factors including the global financial crisis, as well as practical
barriers, such as multilingualism, the solutions provided in this
book present a pathway to enhance cross-border realization of
European citizens? access to their economic rights, as well as
increasing in the cultural richness of the EU. EU Citizens?
Economic Rights in Action is an important book, which will be an
essential resource for students of EU citizenship and economics, as
well as for EU policymakers and practitioners interested in the
field.
Data not only represent an integral part of the identity of a
person, they also represent, together with other essentials, an
integral part of the identity of a state. Keeping control over such
data is equally important for both an individual and for a state to
retain their sovereign existence. This thought-provoking book
elaborates on the assumption that information privacy is, in its
essence, comparable to information sovereignty. This seemingly
rudimentary observation serves as the basis for an analysis of
various information instruments in domestic and international law.
Information Sovereignty combines a philosophical and methodological
analysis of the phenomena of information, sovereignty and privacy.
Providing insights into previously unexplored parallels between
information privacy and information sovereignty, it examines
cross-border discovery, cybersecurity and cyber-defence operations,
and legal regimes for cross-border data transfers, encompassing
practical discussions from a fresh perspective. In addition, it
offers an accessible overview of complex theoretical matters in the
domain of Internet legal theory and international law and,
crucially, a method to resolve situations where informational
domains of individuals and/or states collide. This pioneering
state-of the-art assessment of information law and legal theory is
a vital resource for students, academics, policy-makers and
practitioners alike, seeking a guide to the phenomena of
information, sovereignty and privacy.
Haiti is the first, and only, modern nation-state to be created as
the result of a successful slave revolution. However, since its
emancipation, the Haitian state has been forced to pay Western
states compensation for the loss of the enslaved people, contended
with a chronically unstable and authoritarian state system, and has
been ranked as the poorest economy in the Western hemisphere. Black
Interdictions exposes the antiblack racism latent in the US
government's Haitian refugee policies of the 1980s and 1990s that
set the tone for the criminalization of migrants and refugees in
the new millennium and lead to the migration and refugee policies
of the Trump era. Within this experience of controlled mobility
many Haitians find themselves in a devastating catch-22, unable to
survive in their home nation and unable to find a better way of
life elsewhere due to border enforcement strategies, strict
immigration policies, and unprecedented measures to prevent asylum
claims. This type of radical exclusion is singular to the black
experience and the black/nonblack binary must be factored into an
analysis of the US migration regime. It shows how techniques of
control applied to black populations, whether free or slave,
migrant, or native-born, have been precursors for policies and
practices applied to nonblack migrants and refugees. It is not
possible to work together for equity and justice if we are not
prepared to grapple with this divisive history and the instinct to
avoid dealing with the singularity of the black experience
participates in the orders of knowledge and power that have been
fostered by antiblack racism. This book will be of interest to
scholars of migration and refugee studies, black studies, legal
studies, public policy and international relations, and many
others.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business, and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This succinct Advanced Introduction delivers insights into
the pressing technological, political, and legal challenges of
cybersecurity. Exploring cybersecurity threats on both a national
and global scale, it provides guidance on how countries use
domestic and international law to counter crime, terrorism,
espionage, and armed conflict in cyberspace. Key features: Centres
cybersecurity law within the internet as a technology, cyberspace
as a political and governance space, and transformations in
international relations over the past twenty years Tracks how the
development of policies on responding to different cyber threats,
improving cyber defences, and increasing cyber deterrence affects
the use and effectiveness of cybersecurity law Analyses whether the
ongoing evolution of cyber threats changes, or should change, how
countries apply domestic and international law to counter
cybersecurity challenges concerning crime, terrorism, espionage,
and armed conflict This Advanced Introduction is an invaluable
resource for researchers and students of law, public policy, and
international relations focusing on how digital technologies, the
internet, and cyberspace affect world affairs. It also serves as an
accessible entry point for government, corporate, and NGO staff
concerned with cybersecurity law.
European Union citizenship is increasingly relevant in the context
of both the refugee crisis and Brexit, yet the issue of citizenship
is neither new nor unique to the EU. Using historical, political
and sociological perspectives, the authors explore varied
experiences of combining multiple identities into a single sense of
citizenship. Cases are taken from Canada, Croatia, Czechia,
Estonia, Spain, Switzerland and Turkey to assess the various
experiences of communities being incorporated into one entity. The
studies show that the EU has a comparatively large degree of
diversity and complexity, with levels of integration achieved in a
relatively short timeframe. Advisory models based on Canada and
Switzerland allow for the EU integration processes to continue
while protecting diversity and upholding common institutions.
Citizenship in Segmented Societies will appeal to academics and
students in the field of European and federalist studies with a
focus on multiculturalism and linguistic pluralism, minority
rights, and citizenship issues. It will also be of interest to
those with a particular interest in historical and comparative
analysis of the EU. Contributors include: A.C. Bianculli, F.
Cheneval, C. Erdogan, M. Ferrin, V. Hlousek, J. Jordana, S. Lopez,
M. Sanjaume-Calvet, G. Tavits, H. Yilmaz, C.I. Velasco Rico
The securitization that accompanied many national responses after
11 September 2001, along with the shortfalls of neo-liberalism,
created waves of opposition to the growth of the human rights
regime. By chronicling the continuing contest over the reach,
range, and regime of rights, Contracting Human Rights analyzes the
way forward in an era of many challenges. Through an examination of
both global and local challenges to human rights, including
loopholes, backlash, accountability, and new opportunities to move
forward, the expert contributors analyze trends across
multiple-issue areas. These include; international institutions,
humanitarian action, censorship and communications, discrimination,
human trafficking, counter-terrorism, corporate social
responsibility and civil society and social movements. The topical
chapters also provide a comprehensive review of the widening
citizenship gaps in human rights coverage for refugees, women?s
rights in patriarchal societies, and civil liberties in chronic
conflict. This timely study will be invaluable reading for
academics, upper-level undergraduates, and those studying graduate
courses relating to international relations, human rights, and
global governance. Contributors include: K. Ainley, G.
Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K.
Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa,
A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer,
W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C.
Wright
Concerns have arisen in recent decades about the impact of climate
change on human mobility. Many people affected by climate change
are forced or otherwise decide to migrate within or across
international borders. Despite its clear importance, many questions
remain open regarding the nature of the climate-migration nexus and
its implications for laws and institutions. In the face of such
uncertainty, this Research Handbook offers a comprehensive picture
of laws and institutions relevant to climate migration and the
multiple, often contradictory perspectives on the topic. Carefully
edited chapters by leading scholars in the field provide a cross
section of the various debates on what laws do, can do and should
do in relation to the impacts of climate change on migration. A
first part analyses the relations between climate change and
migration. A second part explores how existing laws and
institutions address the climate-migration nexus. In the final
part, the chapters discuss possible ways forward. This timely
Research Handbook provides much-needed insight into this complex
issue for graduate and post-graduate students in climate change or
migration law. It will also appeal to students and scholars in
political science, international relations, environmental studies
and migration studies, as well as policymakers and advocates.
Contributors include: G. Appave, F. Biermann, I. Boas, M. Burkett,
M. Byrne, C. Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville,
C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C.
Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S.
Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D.
Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A.
Sironi, M. Traore Chazalnoel, C. Vlassopoulos, K. Wilson, K.M.
Wyman
Human rights are at a crossroads. This book considers how these
rights can be reconstructed in challenging times, with changes in
the pathways to the realization of human rights and new
developments in human rights law and policy, illustrated with case
studies from Africa, Europe, and the Americas. Contesting Human
Rights traces the balance between the dynamics of diffusion,
resistance and innovation in the field. The book examines a range
of issues from the effectiveness of norm-promotion by advocacy
campaigns to the backlash facing human rights advocates. The expert
contributors suggest that new opportunities at and below the state
level, and creative contests of global governance, can help
reconstruct human rights in the face of modern challenges. Critical
case studies trace new pathways emerging in the United Nations'
Universal Periodic Review, regional human rights courts,
constitutional incorporation of international norms, and human
rights cities. With its innovative approach to human rights and
comprehensive coverage of global, national and regional trends,
Contesting Human Rights will be an invaluable tool for scholars and
students of human rights, global governance, law and politics. It
will also be useful for human rights advocates with a keen interest
in the evolution of the human rights landscape. Contributors
include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P.
Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S.
Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl
Cell phone apps share location information; software companies
store user data in the cloud; biometric scanners read fingerprints;
employees of some businesses have microchips implanted in their
hands. In each of these instances we trade a share of privacy or an
aspect of identity for greater convenience or improved security.
What Robert M. Pallitto asks in Bargaining with the Machine is
whether we are truly making such bargains freely - whether, in
fact, such a transaction can be conducted freely or advisedly in
our ever more technologically sophisticated world. Pallitto uses
the social theory of bargaining to look at the daily compromises we
make with technology. Specifically, he explores whether resisting
these 'bargains' is still possible when the technologies in
question are backed by persuasive, even coercive, corporate and
state power. Who, he asks, is proposing the bargain? What is the
balance of bargaining power? What is surrendered and what is
gained? And are the perceived and the actual gains and losses the
same - that is, what is hidden? At the center of Pallitto's work is
the paradox of bargaining in a world of limited agency. Assurances
that we are in control are abundant whether we are consumers,
voters, or party to the social contract. But when purchasing goods
from a technological behemoth like Amazon, or when choosing a
candidate whose image is crafted and shaped by campaign strategists
and media outlets, how truly free, let alone informed, are our
choices? The tension between claims of agency and awareness of its
limits is the site where we experience our social lives - and
nowhere is this tension more pronounced than in the surveillance
society. This book offers a cogent analysis of how that complex,
contested, and even paradoxical experience arises as well as an
unusually clear and troubling view of the consequential compromises
we may be making.
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