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Books > Law > International law > Public international law > General
Defining Civil and Political Rights provides a comprehensive
analysis and commentary on the decisions - technically known as
views - of the United Nations Human Rights Committee, for use by
human rights lawyers throughout the world. Each of the substantive
rights and freedoms set out in the International Covenant on Civil
and Political Rights is considered in detail, by analysis of final
reviews and comments of the Human Rights Committee. This second
edition has been thoroughly revised and updated to take account of
recent jurisprudence on the Human Rights Committee. New material
has been added based upon substantive areas of the committee's
jurisprudence.
Defining Civil and Political Rights provides a comprehensive
analysis and commentary on the decisions - technically known as
views - of the United Nations Human Rights Committee, for use by
human rights lawyers throughout the world. Each of the substantive
rights and freedoms set out in the International Covenant on Civil
and Political Rights is considered in detail, by analysis of final
reviews and comments of the Human Rights Committee. This second
edition has been thoroughly revised and updated to take account of
recent jurisprudence on the Human Rights Committee. New material
has been added based upon substantive areas of the committee's
jurisprudence.
'This is a timely, challenging and fascinating book on a topic of
central importance to the success or otherwise of our climate
change policies. It sets down a clear marker for what has to be
done in the aviation sector.' Professor John Whitelegg, Stockholm
Environment Institute, University of York, UK 'Climate Change and
Aviation presents a clear picture of the transport sector's
greatest challenge: how to reconcile aviation's immense popularity
with its considerable environmental damage and its dependence on
liquid hydrocarbon energy sources. This book avoids wishful
thinking and takes the much harder, but more productive, path of
considering difficult solutions that clash with short-term and
short-sighted expectations about the unlimited growth potential for
flying.' Professor Anthony Perl, Urban Studies Program, Simon
Fraser University, Canada 'A convincing and timely collection that
brings together an impressive range of expertise. The book
integrates various perspectives into a powerful core argument - we
must do something, and quickly, to tackle the impact of aviation on
our environment. The authors recognise the political difficulties
associated with promoting change but present constructive options
for policy makers. Required reading, especially for transport
ministers set on promoting the growth of air travel.' Professor Jon
Shaw, Director of the Centre for Sustainable Transport, University
of Plymouth, UK Trends such as the massive growth in availability
of air travel and air freight are among those which have led to
aviation becoming one of the fastest growing emitters of greenhouse
gases. These trends have also caused a shift in expectations of how
we do business, where we go on holiday, and what food and goods we
can buy. For these reasons aviation is (and is set to stay) high up
on global political, organizational and media agendas. This
textbook is the first to attempt a comprehensive review of the
topic, bringing together an international team of leading
scientists. Starting with the science of the environmental issues,
it moves on to cover drivers and trends of growth, socio-economics
and politics, as well as mitigation options, the result being a
broad yet detailed examination of the field. This is essential
reading for undergraduate and postgraduate courses in transport,
tourism, the environment, geography and beyond, while also being a
valuable resource for professionals and policymakers seeking a
clear understanding of this complex yet urgently pressing issue.
Across the globe, controversies around vaccines exemplify anxieties
thrown up by new technologies. Whether it is growing parental
concerns over the MMR vaccine in the UK or Nigerian communities
refusing polio vaccines-associating them with genocidal
policies-these controversies feed the cornerstone debates of our
time concerning trust in government, media responsibility,
scientific impartiality, citizen science, parental choice and
government enforcement. This book is a groundbreaking examination
of how parents are reflecting on and engaging with vaccination, a
rapidly advancing and universally applied technology. It examines
the anxieties emerging as today's highly globalized vaccine
technologies and technocracies encounter the deeply intimate
personal and social worlds of parenting and childcare, showing
these to be part of transforming science-society relations. The
authors interweave rich ethnographic data from
participant-observation, interviews, group discussions and parental
narratives from the UK and West Africa with the findings of
large-scale surveys, which reveal more general patterns. The book
takes a comparative approach and draws perspectives from medical
anthropology, science and technology studies and development
studies into engagement with public health and vaccine policy. The
authors show how vaccine controversies involve relations of
knowledge, responsibility and interdependence across multiple
scales that challenge easy dichotomies: tradition versus modernity,
reason versus emotion, personal versus public, rich versus poor,
and Northern risk society versus Southern developing society. They
reflect critically on the stereotypes that at times pass for
explanations ofparents' engagement with both routine vaccination
and vaccine research, suggesting some routes to improved dialogue
between health policy-makers, professionals and medical
researchers, and the people they serve. More broadly, the book
suggests new terms of debate for thinking about science-society
relations in a globalized world.
Across the globe, controversies around vaccines exemplify anxieties
thrown up by new technologies. Whether it is growing parental
concerns over the MMR vaccine in the UK or Nigerian communities
refusing polio vaccines-associating them with genocidal
policies-these controversies feed the cornerstone debates of our
time concerning trust in government, media responsibility,
scientific impartiality, citizen science, parental choice and
government enforcement. This book is a groundbreaking examination
of how parents are reflecting on and engaging with vaccination, a
rapidly advancing and universally applied technology. It examines
the anxieties emerging as today's highly globalized vaccine
technologies and technocracies encounter the deeply intimate
personal and social worlds of parenting and childcare, showing
these to be part of transforming science-society relations. The
authors interweave rich ethnographic data from
participant-observation, interviews, group discussions and parental
narratives from the UK and West Africa with the findings of
large-scale surveys, which reveal more general patterns. The book
takes a comparative approach and draws perspectives from medical
anthropology, science and technology studies and development
studies into engagement with public health and vaccine policy. The
authors show how vaccine controversies involve relations of
knowledge, responsibility and interdependence across multiple
scales that challenge easy dichotomies: tradition versus modernity,
reason versus emotion, personal versus public, rich versus poor,
and Northern risk society versus Southern developing society. They
reflect critically on the stereotypes that at times pass for
explanations ofparents' engagement with both routine vaccination
and vaccine research, suggesting some routes to improved dialogue
between health policy-makers, professionals and medical
researchers, and the people they serve. More broadly, the book
suggests new terms of debate for thinking about science-society
relations in a globalized world.
Modern armed conflict has taken a variety of forms and occurs at a
variety of levels, raising serious questions concerning the
relationship between the law of armed conflict and the reality of
contemporary warfare. Many contemporary armed conflicts are fought
in pursuit of unlimited objectives, whereas other modern wars seek
to advance limited goals. While in some cases modern wars are
fought by traditional armies composed of clearly identifiable
soldiers, often modern armed conflicts are waged by guerrilla or
partisan fighters whose identities are easily confused with
non-combatants. Terrorism is increasingly a characteristic
manifestation of this contemporary warfare. In the broadest sense,
contemporary warfare has raised often controversial and vexing
questions concerning the applicability of the law of armed conflict
and, when applicable, the interpretation of its principles and
tenets. This engaging volume addresses some of the contemporary
normative and legal challenges and problems associated with the
application of the concepts of just war, the just conduct of war,
and the law of armed conflict to 21st century warfare.
This timely literature review analyses the most influential legal
scholarship on the enforcement of human rights at institutional
level, both regional and international. It includes discussion of
charter-based and reporting monitoring procedures as well as the
role of high commissioners and treaty bodies. The review later
focuses on the movement towards establishing quasi-judicial
procedures, the judicial enforcement of human rights and interim
measures, concluding with a thoughtful consideration of the
potential for universal judicial enforcement - a world court of
human rights. This insightful study will be an essential research
resource for those studying, working or teaching in this important
field.
The principal aim of this work is to provide a forum for leading
international lawyers with experience and interest in Africa to
address a broad range of intellectual challenges concerning the
contribution of African states and peoples to international law. As
such, the volume addresses orthodox topics of international law -
such as jurisdiction and intervention - but tackles them from an
African perspective, and seeks to ask whether, in each case, the
African perspective is unique or affirms existing arrangements of
international law. The book cannot come at a more important time.
While international legal discourse has been captured by the
challenge of terrorism since September 11, 2001, there are clear
signs that other issues are returning to the fore. Political
interest in Africa has undergone a global revival, and the OAU has
been transformed into the African Union. Infrastructural
challenges, along with those taking place in regional contexts,
have effectively mapped a new politico-legal landscape for Africa.
This, and more, is explored, and the key normative questions are
addressed in a series of essays by leading Africanist scholars.
'This is a remarkable collection of essays that clearly and
concisely demonstrates that Africa has and will continue to play a
major role in fashioning new norms of international law and policy
and contribute to its progressive development by affirming existing
norms. Professor Levitt is to be commended for having the vision,
leadership and intellectual prowess to produce this excellent text.
The book signals a major shift from the study of Africa as a basket
case to a normative market place.' Akua Kuenyehia, Vice President,
International Criminal Court 'Professor Levitt's work, Africa:
Mapping New Boundaries in International Law, is pathbreaking in the
true sense of that word. Through old and new voices, it excavates
the singular contributions of Africa to a discipline that is marked
by Eurocentrism and imperial aspirations. The authors, taking their
cue from the indefatigable and insightful Professor Levitt,
establish beyond a shadow of a doubt the enormity of the normative
contributions that Africa has made to international law. The book
must therefore be seen as a defining contribution to the
multiculturalization of international law. It is for this reason
that Professor Levitt is among the most important American
academics working and thinking in international law today.' Makau
Mutua, Interim Dean, SUNY Distinguished Professor, State University
of New York Buffalo Law School
The Millennium Development Goals, adopted at the UN Millennium
Summit in 2000, are the world's targets for dramatically reducing
extreme poverty in its many dimensions by 2015 income poverty,
hunger, disease, exclusion, lack of infrastructure and shelter
while promoting gender equality, education, health and
environmental sustainability. These bold goals can be met in all
parts of the world if nations follow through on their commitments
to work together to meet them. Achieving the Millennium Development
Goals offers the prospect of a more secure, just, and prosperous
world for all. The UN Millennium Project was commissioned by United
Nations Secretary-General Kofi Annan to develop a practical plan of
action to meet the Millennium Development Goals. As an independent
advisory body directed by Professor Jeffrey D. Sachs, the UN
Millennium Project submitted its recommendations to the UN
Secretary General in January 2005. The core of the UN Millennium
Project's work has been carried out by 10 thematic Task Forces
comprising more than 250 experts from around the world, including
scientists, development practitioners, parliamentarians,
policymakers, and representatives from civil society, UN agencies,
the World Bank, the IMF, and the private sector. This report lays
out the recommendations of the UN Millennium Project Task Force on
Education and Gender Equality. The Task Force recommends seven
strategic priorities: strengthen postprimary education for girls
while ensuring universal primary education; guarantee sexual and
reproductive health and rights; reduce women's and girls' time
burdens; guarantee property and inheritance rights; eliminate
gender inequality in employment; increase women's participation in
government; and significantly reduce violence against women. Action
on these priorities will enable countries in every region of the
world to achieve gender equality and women's empowerment by 2015.
Marketing Global Justice is a critical study of efforts to 'sell'
global justice. The book offers a new reading of the rise of
international criminal law as the dominant institutional expression
of global justice, linking it to the rise of branding. The
political economy analysis employed highlights that a global elite
benefit from marketised global justice whilst those who tend to be
the 'faces' of global injustice - particularly victims of conflict
- are instrumentalised and ultimately commodified. The book is an
invitation to critically consider the predominance of market values
in global justice, suggesting an 'occupying' of global justice as
an avenue for drawing out social values.
This interdisciplinary exploration of the modern historiography of
international law invites a diverse assessment of the indissoluble
unity of the old and the new in the most global of all legal
disciplines. The study of the history of international law does not
only serve a better understanding of how international law has
evolved to become what it is and what it is not. Its histories,
which rethink the past in the present, also influence our
perception of contemporary matters in international law and our
understandings of how they may potentially unfold. This
multi-perspectival enquiry into the dominant modes of international
legal history and its fundamental debates may also help students of
both international law and history to identify the historical
approaches that best suit their international legal-historical
perspectives and best address their historical and legal research
questions.
In Europe, fundamental rights have come to be regulated by an
increasing number of legal instruments, such as the European
Convention on Human Rights (ECHR), the EU Charter of Fundamental
Rights, and international treaties. It is not always easy to
understand what requirements are set in these different instruments
and how they interrelate. This textbook therefore provides an
integrated and systematic overview of the requirements imposed by
international and European fundamental rights law. It discusses a
range of both civil/political fundamental rights (eg freedom of
expression) and social/economic rights (eg right to health), for
each of which it is discussed how it is protected by the ECHR, by
other Council of Europe instruments, by EU law, and by
international treaty instruments. Each chapter is concluded with an
integration section, which explains the relations between the
different systems of fundamental rights protection and discuss
differences, overlap and bottlenecks.
Since its original publication by the International Institute for
Environment and Development in 1999, Policy That Works for Forests
and People has been recognised as the most authoritative study to
date of policy processes that affect forests and people. Providing
a thorough analysis of the issues, options and factors that
determine different outcomes and bolstered by a major annex
containing tools and tactics, the book offers clear and practical
advice on how to formulate, manage and implement policies
appropriate to different contexts. These are policies that result
in real improvements in the governance, use and economic benefits
that can flow from forests to those who depend upon them. This book
is essential reading for policy-makers, forestry practitioners and
academics and students in all areas of forest policy, management
and governance.
International administrative law, or more precisely the law of the
international civil service, has been the focus of increased
attention in recent years. A part of the discussion has focused on
the design of the justice mechanisms of international
organizations, exemplified by the overhaul of the internal justice
system of the United Nations in 2009. The internal justice systems
of some international organizations have been subjected to scrutiny
before some national courts, and the role and contribution of
international administrative tribunals to the development of the
law continue to be an important part of discussions of good
governance and accountability of international organizations. The
essays in this book, written by judges, practitioners, academics
and other experts, address these and other issues.
The place of Islam in constitutions invites fierce debate from
scholars and politicians alike. Many of these debates assume an
inherent conflict between constitutional Islam and 'secular' values
of liberal democracy and human rights. Using case studies from
several Muslim-majority states, this book surveys the history and
role of Islam in constitutions. Tracing the origins of
constitutional Islam, Dawood Ahmed and Muhammad Zubair Abbasi argue
that colonial history and political bargaining were pivotal factors
in determining whether a country adopted Islam, and not secularism,
in its constitution. Contrary to the common contention that the
constitutional incorporation of Islam is generally antithetical to
human rights, Ahmed and Abbasi show not only that Islam has been
popularly demanded and introduced into constitutions during periods
of 'democratization' and 'modernization' but also that
constitutional Islamization has frequently been accompanied by an
expansion in constitutional human rights.
From Space debris to asteroid strikes to anti-satellite weapons,
humanity's rapid expansion into Space raises major environmental,
safety, and security challenges. In this book, Michael Byers and
Aaron Boley, an international lawyer and an astrophysicist,
identify and interrogate these challenges and propose actionable
solutions. They explore essential questions from, 'How do we ensure
all of humanity benefits from the development of Space, and not
just the world's richest people?' to 'Is it possible to avoid war
in Space?' Byers and Boley explain the essential aspects of Space
science, international law, and global governance in a fully
transdisciplinary and highly accessible way. Addressing the latest
and emerging developments in Space, they equip readers with the
knowledge and tools to engage in current and critically important
legal, policy, and scientific debates concerning the future
development of Space. This title is also available as Open Access
on Cambridge Core.
International public administrations (IPAs) have become an
essential feature of global governance, contributing to what some
have described as the 'bureaucratization of world politics'. While
we do know that IPAs matter for international politics, we neither
know exactly to what extent nor how exactly they matter for
international organizations' policy making processes and subsequent
outputs. This book provides an innovative perspective on IPAs and
their agency in introducing the concept of administrative styles to
the study of international organizations and global public policy.
It argues that the administrative bodies of international
organizations can develop informal working routines that allow them
to exert influence beyond their formal autonomy and mandate. The
theoretical argument is tested by an encompassing comparative
assessment of administrative styles and their determinants across
eight IPAs providing rich empirical insight gathered in more than
100 expert interviews.
Foreign relations law and public international law are two closely
related academic fields that tend to speak past each other. As this
innovative volume shows, the two are closely interrelated and
depend on each other for their mutual construction and identity. A
better understanding of this relationship is of vital importance
for upholding important constitutional values like democracy, the
rule of law and the protection of human rights, while enabling
states to engage in meaningful forms of international cooperation.
The book takes a close look at the encounters between the two
fields and offers perspectives for a constructive engagement
between the two. Collectively, the contributions argue that the
delimitation between the two fields occurs in a hybrid zone of
interaction which requires both bridges and boundaries: bridges for
the construction of the relationship between the two fields, and
boundaries for preserving key normative expectations of both
domestic and international law. This title is also available as
Open Access on Cambridge Core.
The Judge, the Judiciary and the Court is aimed at anyone
interested in the Australian judiciary today. It examines the
impact of the individual on the judicial role, while exploring the
collegiate environment in which judges must operate. This
professional community can provide support but may also present its
own challenges within the context of a particular court's
relational dynamic and culture. The judge and the judiciary form
the 'court', an institution grounded in a set of constitutional
values that will influence how judges and the judiciary perform
their functions. This collection brings together analysis of the
judicial role that highlights these unique aspects, particularly in
the Australian setting. Through the lenses of judicial leadership,
diversity, collegiality, dissent, style, technology, the media and
popular culture, it analyses how judges work individually and as a
collective to protect and promote the institutional values of the
court.
Transnational Lawmaking Coalitions is the first comprehensive
analysis of the role and impact of informal collaborations in the
UN human rights treaty bodies. Issues as central to international
human rights as the right to water, abortion, torture, and hate
speech are often only clarified through the instrument of treaty
interpretations. This book dives beneath the surface of the formal
access, procedures, and actors of the UN treaty body system to
reveal how the experts and external collaborators play a key role
in the development of human rights. Nina Reiners introduces the
concept of 'Transnational Lawmaking Coalitions' within a novel
theoretical framework and draws on a number of detailed case
studies and original data. This study makes a significant
contribution to the scholarship on human rights, transnational
actors, and international organizations, and contributes to broader
debates in international relations and international law.
Interest in republicanism as a political theory has burgeoned in
recent years, but its implications for the understanding of law
have remained largely unexplored. Legal Republicanism is the first
book to offer a comprehensive, critical survey of the potential for
creating republican accounts of fundamental issues in law and legal
theory.
Bringing together contributors with backgrounds in political and
legal philosophy, the essays in the volume assess republicanism's
historical traditions, conceptual coherence, and normative
proposals. The collection offers a valuable insight into new
debates taking place in republican political and legal theory. It
also analyzes potential republican approaches to concrete issues
arising in areas of law such as criminal, constitutional and
international law. Finally, the book includes comparisons between
republican legal traditions and how they react to contemporary
challenges. The book will be of value to political and democratic
theorists, to legal philosophers and constitutional theorists, and
all those interested in the legitimacy of decision-making in
national and international settings.
International Law in the U.S. Legal System provides a wide-ranging
overview of how international law intersects with the domestic
legal system of the United States, and points out various
unresolved issues and areas of controversy. Curtis Bradley explains
the structure of the U.S. legal system and the various separation
of powers and federalism considerations implicated by this
structure, especially as these considerations relate to the conduct
of foreign affairs. Against this backdrop, he covers all of the
principal forms of international law: treaties, executive
agreements, decisions and orders of international institutions,
customary international law, and jus cogens norms. He also explores
a number of issues that are implicated by the intersection of U.S.
law and international law, such as treaty withdrawal, foreign
sovereign immunity, international human rights litigation, war
powers, extradition, and extraterritoriality. This book highlights
recent decisions and events relating to the topic, including
various actions taken during the Trump administration, while also
taking into account relevant historical materials, including
materials relating to the U.S. Constitutional founding. Written by
one of the most cited international law scholars in the United
States, the book is a resource for lawyers, law students, legal
scholars, and judges from around the world.
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