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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law

Asylum - A Right Denied - A Critical Analysis of European Asylum Policy (Hardcover, New Ed): Helen O'nions Asylum - A Right Denied - A Critical Analysis of European Asylum Policy (Hardcover, New Ed)
Helen O'nions
R4,217 Discovery Miles 42 170 Ships in 12 - 17 working days

In recent decades, asylum has emerged as a highly politicized European issue. The term 'asylum seeker' has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

Inside Immigration Law - Migration Management and Policy Application in Germany (Hardcover, New Ed): Tobias G. Eule Inside Immigration Law - Migration Management and Policy Application in Germany (Hardcover, New Ed)
Tobias G. Eule
R4,203 Discovery Miles 42 030 Ships in 12 - 17 working days

Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the 'black box' of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.

Regional Approaches to the Protection of Asylum Seekers - An International Legal Perspective (Hardcover, New Ed): Francesca... Regional Approaches to the Protection of Asylum Seekers - An International Legal Perspective (Hardcover, New Ed)
Francesca Ippolito; Ademola Abass
R4,234 Discovery Miles 42 340 Ships in 12 - 17 working days

This book is a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding African asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, the collection strives to appreciate what informs each region's approach to the asylum process and asks if there are issues common to every region and if regions can learn from each other. Including a discussion on the protection of asylum seekers within the African human rights system, the book seeks an understanding of what legal regime exists for the protection of refugees and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law.The book will be valuable to those interested in international law, migration and human rights.

When Soldiers Say No - Selective Conscientious Objection in the Modern Military (Hardcover, New Ed): Andrea Ellner, Paul... When Soldiers Say No - Selective Conscientious Objection in the Modern Military (Hardcover, New Ed)
Andrea Ellner, Paul Robinson, David Whetham
R4,513 Discovery Miles 45 130 Ships in 12 - 17 working days

Traditionally few people challenged the distinction between absolute and selective conscientious objection by those being asked to carry out military duties. The former is an objection to fighting all wars - a position generally respected and accommodated by democratic states, while the latter is an objection to a specific war or conflict - theoretically and practically a much harder idea to accept and embrace for military institutions. However, a decade of conflict not clearly aligned to vital national interests combined with recent acts of selective conscientious objection by members of the military have led some to reappraise the situation and argue that selective conscientious objection ought to be legally recognised and permitted. Political, social and philosophical factors lie behind this new interest which together mean that the time is ripe for a fresh and thorough evaluation of the topic. This book brings together arguments for and against selective conscientious objection, as well as case studies examining how different countries deal with those who claim the status of selective conscientious objectors. As such, it sheds new light on a topic of increasing importance to those concerned with military ethics and public policy, within military institutions, government, and academia.

Constitutional Remedies in Asia (Paperback): Po Jen Yap Constitutional Remedies in Asia (Paperback)
Po Jen Yap
R1,232 Discovery Miles 12 320 Ships in 12 - 17 working days

Many jurisdictions in Asia have vested their courts with the power of constitutional review. Traditionally, these courts would invalidate an impugned law to the extent of its inconsistency with the constitution. In common law systems, such an invalidation operates immediately and retrospectively; and courts in both common law and civil law systems would leave it to the legislature to introduce corrective legislation. In practice, however, both common law and civil law courts in Asia have devised novel constitutional remedies, often in the absence of explicit constitutional or statutory authorisation. Examining cases from Hong Kong, Bangladesh, Indonesia, India, and the Philippines, this collection of essays examines four novel constitutional remedies which have been judicially adopted - Prospective Invalidation, Suspension Order, Remedial Interpretation, and Judicial Directive - that blurs the distinction between adjudication and legislation.

Protecting Migrant Children - In Search of Best Practice (Hardcover): Mary Crock, Lenni B Benson Protecting Migrant Children - In Search of Best Practice (Hardcover)
Mary Crock, Lenni B Benson
R4,693 Discovery Miles 46 930 Ships in 12 - 17 working days

With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children. The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking. Topical and engaging, this book is an important resource for academics and students in human rights law; migration and refugee law; the administrative and procedural issues of refugee law, and comparative law; as well as in the social sciences and health sciences. Policymakers and workers within the community sector will also find this book stimulating and informative. Contributors include: E.O. Abuya, F. Anello, T. Baker, L.B. Benson, S. Bolton, K. Bones, M. Crock, C. Danisi, D. Ghezelbash, P. Goldberg, C. Holguin, C. Jarvis, K. Kapur, M.A. Kenny, J. Lelliott, M. Loughry, A. Malakooti, H. Martin, I. Martinez, G.L. Neuman, A. Olusese, S. Petros, G. Sadoway, A. Schloenhardt, S. Taylor, C. Thomas, D. Thronson, G. Triggs, K. Tyler, K. van Doore, S. Whitman, P. Yule, M. Zou

Social Justice and Adequate Housing - Rights, Roma Inclusion and the Feeling of Home (Paperback): Silvia Cittadini Social Justice and Adequate Housing - Rights, Roma Inclusion and the Feeling of Home (Paperback)
Silvia Cittadini
R1,177 Discovery Miles 11 770 Ships in 9 - 15 working days

This book presents a critical analysis of the concept of 'adequate housing'. While the concept of adequate housing is used largely as a normative standard in the protection of housing rights and in the implementation of housing policies, its apparent objectivity and universality have never been questioned by political and legal theory. This book analyses and challenges the understanding of this term in law and politics by investigating its relationship with the idea of 'home'. 'It is necessary to provide them with adequate housing!' It is very common to hear this phrase when dealing with housing poverty, especially in relation to migrants, minorities, indigenous and other subaltern groups are concerned. But what does "adequate housing" mean? This book tackles this issue by proposing a critical analysis of this concept and of its use in the development of housing policies addressing the subaltern group par excellence in Europe, Roma. In so doing, it focuses on the lives of Roma and Sinti in Italy who have been the target of inclusion policies. Highlighting the emotional connection to housing, and dismantling some of the most 'common sense' ideas about Roma, it offers a radical revision of how social justice in the housing sector might be refigured. This book will be invaluable for scholars and students working on relevant themes in socio and critical legal studies, sociology, human rights, urban studies, human geography and Romani studies

Liberty and Union - A Constitutional History of the United States, volume 1 (Paperback, New): Edgar McManus, Tara Helfman Liberty and Union - A Constitutional History of the United States, volume 1 (Paperback, New)
Edgar McManus, Tara Helfman
R2,090 Discovery Miles 20 900 Ships in 12 - 17 working days

This, the first of two volumes of Liberty and Union, is a comprehensive constitutional history of the United States from the Anglo-American origins of the Constitution through the colonial and antebellum periods, to the Civil War and the consequent restructuring of the nation.

Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors explain the past in the light of the past, without imposing upon it the standards of later generations.

Authored by two experienced professors of History and Law this textbook has been thoughtfully constructed to offer an accessible alternative to dense scholarly works avoiding unnecessary technical jargon, defining legal terms and historical personalities where appropriate, and making explicit connections between constitutional themes and historical events. For students in an undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.

Useful features include:

  • Full glossary of legal terminology
  • Recommended reading
  • A table of cases
  • Extensive supporting artwork
  • Companion website

Useful documents provided:

  • Declaration of Independence
  • Articles of Confederation
  • Constitution of the United States of America
  • Chronological list of Supreme Court justices
Governance and Constitutionalism - Law, Politics and Institutional Neutrality (Paperback): Bogdan Iancu, Elena Simina Tanasescu Governance and Constitutionalism - Law, Politics and Institutional Neutrality (Paperback)
Bogdan Iancu, Elena Simina Tanasescu
R1,264 Discovery Miles 12 640 Ships in 12 - 17 working days

This collection studies the rise of neutral bodies as a challenge to the constitutional paradigm of the nation state. Administrative entities such as commissions, agencies, councils, authorities or 'independent agencies' as they are sometimes known, are relatively autonomous from majoritarian democratic control and by their institutional design fall outside the classical triad of powers or branches of government. They may even fall outside the confines of the nation state itself as with the EU Commission. The book is divided into theoretical-historical and empirical parts. Part I approaches the phenomenon through the rigorous normative conceptual lens of constitutionalism and constitutional law, questioning the implications of political neutrality on inherited normative categories, both at national and supranational level. Part II comprises case-studies reflecting the full spectrum of theoretical frameworks and concerns developed and explored by the theory-oriented chapters in the first part. The work explores a wide range of issues including the balance between autonomy, legitimacy and accountability, the taxonomy of agencies, the role and limits of expertise as a paramount justification for independence, 'agentification' as a result of internationalisation, and 'agentification' as a reflex and consequence of transnational polity-building within the EU.

Constitutional Politics and the Judiciary - Decision-making in Central and Eastern Europe (Paperback): Kalman Pocza Constitutional Politics and the Judiciary - Decision-making in Central and Eastern Europe (Paperback)
Kalman Pocza
R1,243 Discovery Miles 12 430 Ships in 12 - 17 working days

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.

Environmental Change, Forced Displacement and International Law - from legal protection gaps to protection solutions... Environmental Change, Forced Displacement and International Law - from legal protection gaps to protection solutions (Paperback)
Isabel M. Borges
R1,274 Discovery Miles 12 740 Ships in 12 - 17 working days

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.

The Security State in Pakistan - Legal Foundations (Paperback): Syed Raza The Security State in Pakistan - Legal Foundations (Paperback)
Syed Raza
R1,239 Discovery Miles 12 390 Ships in 12 - 17 working days

The War on Terror has been going on for over a decade and it shows no signs of winding down in near future, a war which has directly contributed to growing security regimes in frontline states. This book focuses on the legal dimensions of the War on Terror and security in Pakistan. It highlights the growth of the security state in Pakistan, and questions the growing and by-now entrenched legal security regime in the country. The book traces the roots of the present security laws in colonial and post-colonial times. One broader dimension from which the legal security regime of Pakistan is approached in this book is through highlighting specific issues concerning the legal identity of the subject such as the rights of aliens in the background of state power versus liberal constitutionalism, and the rights of terrorism suspects in the background of deploying death sentence as a tactical, psychological tool versus the absolute right to life (of every individual). By critically reflecting on the increasingly institutionalized form of the security apparatus in Pakistan, the book (indirectly) suggests the legal ways to resist the growing legal security regime and derogation from human rights. Offering a theoretically engaged and critically reflective overview of the current state of individual identity, rights and freedoms in face of a burgeoning legal regime of security in Pakistan, this study makes advances in critical legal studies and critical IR. It will be of interest to academics working in the field of security studies, South Asian Studies, particularly Pakistan, and the War on Terror.

The Accountability Gap in EU law (Paperback): Marios Costa The Accountability Gap in EU law (Paperback)
Marios Costa
R1,229 Discovery Miles 12 290 Ships in 12 - 17 working days

Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties of the ratification of the Lisbon Treaty and the current financial crisis have increased the calls for accountability in the EU. This book investigates whether any progress towards more accountability and transparency has been made in the post-Lisbon era by taking a holistic approach to the subject. Marios Costa argues that currently the EU institutions and the Member States are not in a position to hold the so-called independent agencies as well as the various committees and expert groups accountable. Despite recent progress, the EU still needs to put forward an acceptable constitutional framework which will truly secure accountability at the EU level of governance.

Language, Democracy, and the Paradox of Constituent Power - Declarations of Independence in Comparative Perspective... Language, Democracy, and the Paradox of Constituent Power - Declarations of Independence in Comparative Perspective (Hardcover)
Catherine Frost
R4,049 Discovery Miles 40 490 Ships in 12 - 17 working days

In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.

Human Rights and Refugee Law (Hardcover): James C. Hathaway Human Rights and Refugee Law (Hardcover)
James C. Hathaway
R19,234 Discovery Miles 192 340 Ships in 12 - 17 working days

Refugee law is both conceived as a response to the absence of human rights, and is one of the most powerful means by which human rights are restored. This comprehensive collection of leading scholarship examines the strengths of, and challenges faced by, international refugee law over its nearly century-long existence. Following an original introduction by Professor Hathaway, Volume I addresses the questions of the political and ethical reasons that states have agreed to implement refugee protection in international law; the conceptual boundaries of refugee status; and the systems and structures by which refugee rights are implemented. Volume II takes up the nature of contemporary challenges to the refugee law regime, and examines leading proposals to revitalize and reform international refugee law in order to sustain its vitality in modern circumstances. This topical volume will be of great interest to researchers and scholars in both law and related fields, as well as to lawyers and other practitioners working on asylum and related human rights issues.

Liberty and Union - A Constitutional History of the United States, concise edition (Paperback, Concise Ed): Edgar McManus, Tara... Liberty and Union - A Constitutional History of the United States, concise edition (Paperback, Concise Ed)
Edgar McManus, Tara Helfman
R3,382 Discovery Miles 33 820 Ships in 12 - 17 working days

This, the concise edition of "Liberty and Union," is an abridged constitutional history of the United States, designed for short single-semester courses, comprising the key topics from Volumes 1 and 2.

Written in a clear and engaging narrative style, it successfully unites thorough chronological coverage with a thematic approach, offering critical analysis of core constitutional history topics, set in the political, social, and economic context that made them constitutional issues in the first place. Combining a thoughtful and balanced narrative with an authoritative stance on key issues, the authors deliberately explain the past in the light of the past, without imposing upon it the standards of later generations.

Authored by two experienced professors in the field, this concise edition presents seminal topics while retaining the narrative flow of the two full original volumes. An accessible alternative to dense scholarly works, this textbook avoids unnecessary technical jargon, defines legal terms and historical personalities where appropriate, and makes explicit connections between constitutional themes and historical events. For students in a short undergraduate or postgraduate constitutional history course, or anyone with a general interest in constitutional developments, this book will be essential reading.

Useful features include:

  • Full glossary of legal terminology
  • Recommended reading
  • A table of cases
  • Extracts from primary documents
  • Companion website

Useful documents provided:

  • Declaration of Independence
  • Articles of Confederation
  • Constitution of the United States of America
  • Chronological list of Supreme Court justices
Immigration, Integration and the Law - The Intersection of Domestic, EU and International Legal Regimes (Hardcover, New Ed):... Immigration, Integration and the Law - The Intersection of Domestic, EU and International Legal Regimes (Hardcover, New Ed)
Cliodhna Murphy
R4,225 Discovery Miles 42 250 Ships in 12 - 17 working days

This book examines the role and impact of EU, international human rights and refugee law on national laws and policies for integration and argues for a broad understanding of the relationship between integration and the law. It analyses the legal foundations of integration at the international and regional levels and examines the interaction of national, EU and international legal spheres, highlighting the significance of these dimensions of the relationship between integration and the law. The book draws together these central themes to enhance our understanding of the connections between integration and the law. It also makes specific recommendations for the development of holistic, human-rights based approaches to integration in EU Member States. The book will be of value to academics and researchers working in the areas of immigration, and refugee law, as well as those interested in cultural diversity both from a legal and sociological perspective.

Filtering Populist Claims to Fight Populism - The Italian Case in a Comparative Perspective (Paperback): Giuseppe Martinico Filtering Populist Claims to Fight Populism - The Italian Case in a Comparative Perspective (Paperback)
Giuseppe Martinico
R908 Discovery Miles 9 080 Ships in 10 - 15 working days

The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy - including the experiment of a self-styled populist coalition government - as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.

Ordinary in Brighton?: LGBT, Activisms and the City - LGBT, Activisms and the City (Hardcover, New Ed): Kath Browne, Leela... Ordinary in Brighton?: LGBT, Activisms and the City - LGBT, Activisms and the City (Hardcover, New Ed)
Kath Browne, Leela Bakshi
R4,214 Discovery Miles 42 140 Ships in 12 - 17 working days

Ordinary in Brighton? offers the first large scale examination of the impact of the UK equalities legislation on lesbian, gay, bi- and trans (LGBT) lives, and the effects of these changes on LGBT political activism. Using the participatory research project, Count Me In Too, this book investigates the material issues of social/spatial injustice that were pertinent for some - but not all- LGBT people, and explores activisms working in partnership that operated with/within the state. Ordinary in Brighton? explores the unevenly felt consequences of assimilation and inclusion in a city that was compelled to provide a place (literally and figuratively) for LGBT people. Brighton itself is understood to be exceptional, and exploring this specific location provides insights into how place operates as constitutive of lives and activisms. Despite its placing as 'the gay capital' and its long history as a favoured location of LGBT people, there is very little academic or popular literature published about this city. This book offers insights into the first decade of the 21st century when sexual and gender dissidents supposedly became ordinary here, rather than exceptional and transgressive. It argues that geographical imaginings of this city as the 'gay capital' formed activisms that sought positive social change for LGBT people. The possibilities of legislative change and urban inclusivities enabled some LGBT people to live ordinary lives, but this potential existed in tension with normalisations and exclusions. Alongside the necessary critiques, Ordinary in Brighton? asks for conceptualisations of the creative and co-operative possibilities of ordinariness. The book concludes by differentiating the exclusionary ideals of normalisation from the possibilities of ordinariness, which has the potential to render a range of people not only in-place, but commonplace. All royalties from this book will be donated to Allsorts Youth Project, Brighton & Hove LGBT Switchboa

Law, Drugs and the Politics of Childhood - From Protection to Punishment (Hardcover): Simon Flacks Law, Drugs and the Politics of Childhood - From Protection to Punishment (Hardcover)
Simon Flacks
R4,056 Discovery Miles 40 560 Ships in 12 - 17 working days

Debates about the regulation of drugs are inseparable from talk of children and the young. Yet how has this association come to be so strong, and why does it have so much explanatory, rhetorical and political force? The premise for this book is that the relationship between drugs and childhood merits more exploration beyond simply pointing out that children and drugs are both 'things we tend to get worried about'. It asks what is at stake when legislators, lobbyists and decision-makers revert to claims about children in order to sustain a given legal or policy position. Beginning with a genealogy of the relationship between the discursive artefacts of 'drugs' and 'childhood', the book draws on Foucauldian methodologies to explore how childhood functions as a device in the biopolitical management of drug use(rs) and supply. In addition to analysing decriminalisation initiatives and sentencing measures, it (unusually) reaches beyond the criminal context to consider the significance of the 'politics of childhood' for law- and policymaking in the fields of family justice and education. It concludes by arguing that the currency of childhood and 'youth' is not reducible to rhetoric; it shapes the discursive entities of drugs and addiction and is one of the ways in which particular substances become socially, culturally and politically intelligible. At the same time, 'drugs' serve as a technology of child normalisation. The book will be essential reading for policymakers as well as researchers and students working in the areas of Criminal Justice, Law, Psychology and Sociology.

War Crimes and the Conduct of Hostilities - Challenges to Adjudication and Investigation (Hardcover): Fausto Pocar, Marco... War Crimes and the Conduct of Hostilities - Challenges to Adjudication and Investigation (Hardcover)
Fausto Pocar, Marco Pedrazzi, Micaela Frulli
R4,135 Discovery Miles 41 350 Ships in 12 - 17 working days

Although the public thinks of 'war crimes' as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.' - William Schabas, Middlesex University, UK'This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.' - Mark A. Drumbl, Washington and Lee University, US Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law. War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include: violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts. This indispensable study will strongly benefit academics, students, lawyers, judges and practitioners in international criminal law, international humanitarian law and human rights law. Government and public administration officials, along with NGO members, will also find much to interest them in this timely book. Contributors: A. Ali, J. Beqiraj, A. Cannone, A. Carcano, M. Castellaneta, M. Frulli, P. Gaeta, E. Greppi, A. Leandro, F. Moneta, G. Nesi, A. Oddenino, M. Pedrazzi, M. Pertile, F. Pocar, L. Poli, A.L. Sciacovelli, A. Spagnolo, S. Vezzani, S. Wilkinson

The Legal Protection of Refugees with Disabilities - Forgotten and Invisible? (Hardcover): Mary Crock, Laura Smith-Khan, Ron... The Legal Protection of Refugees with Disabilities - Forgotten and Invisible? (Hardcover)
Mary Crock, Laura Smith-Khan, Ron McCallum, Ben Saul
R3,482 Discovery Miles 34 820 Ships in 12 - 17 working days

Refugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit. Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.

The Quest for Japan's New Constitution - An Analysis of Visions and Constitutional Reform Proposals 1980-2009 (Paperback):... The Quest for Japan's New Constitution - An Analysis of Visions and Constitutional Reform Proposals 1980-2009 (Paperback)
Christian G. Winkler
R1,531 Discovery Miles 15 310 Ships in 12 - 17 working days

This book examines the many attempts over the last three decades to revise Japan's constitution. As the book shows, these attempts at revision have been relatively conservative, aiming to embed in the constitution visions of a different future for Japan. Specific reforms advocated include: enabling Japan to have a more proactive foreign policy, more independent of the US-Japan alliance; strengthening the role of the Emperor, and excluding female succession to the throne; and emphasising more citizens' duties, rather than their rights, in order to strengthen community and societal cohesion. By far the most comprehensive analysis of constitutional reform debate in Japan to be published to date, it offers translations and analysis of more than two dozen amendment proposals. The book provides a comprehensive analysis of the details of the reform proposals, charts the so far unsuccessful attempts to bring about the reforms, discusses the different groups arguing for reform, and assesses the nature of the proposed reforms. It categorises different versions of the vision for Japan's future and shows that only a few campaigners are advocating anything like a return to Japan's pre-war constitution.

Freedom of Speech - Importing European and US Constitutional Models in Transitional Democracies (Hardcover, New): Uladzislau... Freedom of Speech - Importing European and US Constitutional Models in Transitional Democracies (Hardcover, New)
Uladzislau Belavusau
R4,221 Discovery Miles 42 210 Ships in 12 - 17 working days

This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe's porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

EU Law Enforcement - The Evolution of Sanctioning Powers (Hardcover): Stefano Montaldo, Francesco Costamagna, Alberto Miglio EU Law Enforcement - The Evolution of Sanctioning Powers (Hardcover)
Stefano Montaldo, Francesco Costamagna, Alberto Miglio
R4,066 Discovery Miles 40 660 Ships in 12 - 17 working days

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union's institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

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