This book discusses voting procedures in collective decision-making. Drawing on well-established election processes from all over the world, the author presents a voting procedure that allows for the speedy but fair election of a proportional, all-party coalition. The methodology - a matrix vote - is accurate, robust and ethno-color blind. In the vote, the counting procedure encourages all concerned to cross the gender as well as any party and/or sectarian divides. While in the resulting executive each party will be represented fairly and, at best, with the consensus of parliament, every minister will be the one most suited to his/her new portfolio. By using preferential voting and thus achieving consensus, the matrix vote will be fundamental to the resolution of conflicts. The matrix vote can also be used when: * two or more parliamentary parties elect a coalition government * one parliamentary party elects a government or shadow cabinet, or organizations in civil society elect their governing boards or executive committees * any group chooses a fixed number of individuals to form a team in which each member carries out a different function

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. It brings together scholars from a range of disciplines This book will appeal to those with interests in minority rights, human rights, nationalism, law, and politics.

This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.

Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies - reflecting the three main branches of international economic law: trade, investment and currency - to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether - analogously to the prohibition of the threat or use of force - these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.

How does the Israeli criminal justice system treat its most significant minority group-the Arabs? This book explores the functioning of Israel's criminal justice system in the context of the volatile relationship between Jews and Arabs in Israel and the conflict between Jews and the Palestinians of the occupied territories. Examining decisions at each juncture of the system, the authors study the question of whether the system treats Arabs fairly and equally or discriminates against them. Aware of the potentially volatile nature of the subject, the authors have taken care to make the book methodologically sound and their findings level-headed. Their study shows that despite legislative efforts to protect minority rights and treat all citizens as equals, these goals are not always achieved. Arabs are treated differently in the criminal justice system.

This book examines how the cultural and ethical power of literature allowed writers and readers to reflect on the practice of capital punishment in the UK, Ireland and the US between 1890 and 1950. It explores how connections between 'high' and 'popular' culture seem particularly inextricable where the death penalty is at stake, analysing a range of forms including major works of canonical literature, detective fiction, plays, polemics, criminological and psychoanalytic tracts and letters and memoirs. The book addresses conceptual understandings of the modern death penalty, including themes such as confession, the gothic, life-writing and the human-animal binary. It also discusses the role of conflict in shaping the representation of capital punishment, including chapters on the Easter Rising, on World War I, on colonial and quasi-colonial conflict and on World War II. Ebury's overall approach aims to improve our understanding of the centrality of the death penalty and the role it played in major twentieth century literary movements and historical events.

This book provides an innovative outlook of the various challenges of international law in the Asian region. Moving away from the Eurocentrism prevalent in the literature on the subject, it provides a comprehensive Asian perspective without adopting a monolithic or homogeneous Asian approach. Although Asian countries converge on certain issues related to international law, such as engagement with the United Nations, at times, there is a significant divergence, such as in the case of agricultural trade liberalisation. Given the vastness of the region and the differing political systems, there are many discrepancies to consider. The book takes into account the viewpoint of civil society so as to avoid a vertical state-centred approach. Offering an easy-to-understand presentation of key issues concerning the region, this book is a useful introduction to this complex topic for students, academics and practitioners of international law.

This book brings together a set of contributions that examine the complexities associated with domestic work by highlighting not only the legal issues but also exploring the social, psycho-social, economic, and cultural dimensions of domestic work. The book aims to ignite a collective effort towards ensuring decent work for domestic workers and facilitate a public debate on their rights. It includes discussions on the issue of social justice with special emphasis on invisibilization and undervaluation of domestic work, feminization of domestic work, and recognizes the rights of domestic workers as human rights. The issues covered in this book bridge the gap between legal and social dimensions of domestic work and address the discrimination faced by domestic workers in a holistic manner. Given its scope, the book would appeal to both academics (law as well as social science) and non-academics. It will be a useful tool for teachers, students, practitioners, policy-makers and civil society organizations working for the unorganized sector.

In the past two decades, feminist politics on prostitution has become more polarised and ideological. On the one hand, those on the radical spectrum of feminist politics have fought long and hard to criminalise sex purchase with the intention of ultimately abolishing prostitution. Other feminists have lobbied the state to recognise and institutionalise sex workers' human rights. The collection is both a critical intervention in and a re-orientation of the schism in contemporary feminist prostitution politics. Contributors will use this schism as a platform from which to challenge current debates, and 'think' an alternative sex worker-centred politics for social justice. By placing sex workers' lived experiences of prostitution at the centre of the conversation, the book rejects the hegemony of neo-abolitionism as the solution to the 'problem' of sex work. The book brings international, trans-disciplinary scholars together to address a rights-based agenda for sex work law and policy and consequently for sex workers' lives. This collection offers an invaluable resource on the subject of how sex workers experience injustices and how we can mitigate this globally through a transformative vision of social justice.

Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmus and Human Rights Localisation and Individual Agency: From 'Hobby of the Few' to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmus are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com This book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness. This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in human rights law and whether human rights as legal constructs can be effectively translated into better outcomes. This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics. The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students. Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University. Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University. Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University. Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.

This is the first comprehensive, worldwide bibliography of racism. It contains references on some 135 countries and extends from ancient times to the present. The first part of the work consists of references dealing with single countries. More than 10,000 citations are organized according to country from Afghanistan to Zimbabwe. The second part contains references to areas or regions or to related bibliographies. Some 2,000 non-duplicated citations are provided here. While the vast majority of entries are to English-language materials, a number of German, French, Spanish, and other language items are included as well. The work concludes with an author index and a subject index. Due to the many ways racism manifests itself, this bibliography will be of great value to scholars and students from a variety of disciplines from economics and education to sociology and history.

This book narrates the integration of consumer culture into transnational human rights advocacy and explores its political impact. By examining tactics that include benefit concerts, graphic imagery of suffering, and branded outreach campaigns, the book details the evolution of human rights into a mainstream moral cause. Drawing inspiration from the critical theory of the Frankfurt School, the author argues that these strategies are effective in attracting masses of supporters but weaken the viability of human rights by commodifying its practices. Consumer capitalism co-opts the public's moral awakening and transforms its desire for global engagement into components of a lifestyle expressed through market transactions and commercial relationships, rather than political commitments. Reclaiming human rights as a subversive idea can reconnect the practice of human rights with its principles and generate a movement bound to the radical spirit of human rights.

Disability and Disaster adds disaster research to the expanding area of disability studies. The book includes writings by international scholars and first-hand narratives from individuals with disabilities affected by disasters around the globe. Hazards described in these narratives include earthquakes, hurricanes, floods, fires, and war.

This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People's Representative Congress and the characteristics of rule of law specific to China.

A searing-and sobering-account of the legal and extra-legal means by which systemic white racism has kept Black Americans 'in their place' from slavery to police and vigilante killings of Black men and women, from 1619 to the present. From the arrival of the first English settlers in America until now-a span of four centuries-a minority of white men have created, managed, and perpetuated their control of every major institution, public and private, in American society. And no group in America has suffered more from the harms imposed by white men's laws than African Americans, with punishment by law often replaced by extra-legal means. Over the centuries, thousands of victims have been murdered by lynching, white mobs, and appalling massacres. In White Men's Law, the eminent scholar Peter Irons makes a powerful and persuasive case that African Americans have always been held back by systemic racism in all major institutions that can hold power over them. Based on a wide range of sources, from the painful words of former slaves to test scores that reveal how our education system has failed Black children, this searing and sobering account of legal and extra-legal violence against African Americans peels away the fictions and myths expressed by white racists. The centerpiece of Irons' account is a 1935 lynching in Fort Lauderdale, Florida. The episode produced a photograph of a blonde white girl of about seven looking at the hanging, bullet-riddled body of Rubin Stacy, who was accused of assaulting a white woman. After analyzing this gruesome murder and the visual evidence left behind, Irons poses a foundational question: What historical forces preceded and followed this lynching to spark resistance to Jim Crow segregation, especially in schools that had crippled Black children with inferior education? The answers are rooted in the systemic racism-especially in the institutions of law and education-that African Americans, and growing numbers of white allies, are demanding be dismantled in tangible ways. A thought-provoking look at systemic racism and the legal systems that built it, White Men's Law is an essential contribution to this painful but necessary debate.

This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.

This book is about older women's strength, freedom, tenacity, determination, resilience, independence, social and political involvement and, in particular, it is about re-imagining ageing. Older women represent the great majority of older people. The book describes instances of age and gender discrimination and examples of social inclusion and protagonism of older women in Europe. It solicits a change in perspective, focusing on the necessary societal changes to make space to older people and older women in particular. How is society going to address age and gender discrimination in social and institutional settings? How should work settings change to effectively make space to older workers and in particular older women? How should the pension system change? How could public health systems could provide effective care to older people and be sustainable? This edited collection focuses on older women's rights rather than their needs, adopting a human rights based approach. Preservation of older women's dignity, autonomy and security is its central topic, that is, ensuring that their rights are recognised. This collection offers insights valuable to a wide array of human rights activists, professionals, policymakers and social scientists, and older women themselves.

This book compares Islamic and Western ideas of human rights in order to ascertain which human rights, if any, can be considered universal. This is a profound topic with a rich history that is highly relevant within global politics and society today. The arguments in this book are formed by bringing William Talbott's Which Rights Should Be Universal? (2005) and Abdulaziz Sachedina's Islam and the Challenge of Human Rights (2014) into conversation. By bridging the gap between cultural relativists and moral universalists, this book seeks to offer a new model for the understanding of human rights. It contends that human rights abuses are outcomes of complex systems by design and/or by default. Therefore, it proposes that a rigorous systems-thinking approach will contribute to addressing the challenge of human rights. Engaging with Islamic and Western, historical and contemporary, and relativist and universalist thought, this book is a fresh take on a perennially important issue. As such, it will be a first-rate resource for any scholars working in religious studies, Islamic studies, Middle East studies, ethics, sociology, and law and religion.

The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America. This marked an era darkened by accelerating discrimination against, and intimidation of those asserting rights of freedom of religion, association and speech, and by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. One of which is: Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? This book portrays the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. Second, it implicates prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, it engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.

Following the vexed codification attempts of the International Law Commission and the relevant jurisprudence of the International Court of Justice, this book addresses the permissibility of the practice of diplomatic asylum under general international law. In the light of a wealth of recent practice, most prominently the case of Julian Assange, the main objective of this book is to ascertain whether or not the practice of granting asylum within the premises of the diplomatic mission finds foundation under general international law. In doing so, it explores the legal framework of the Vienna Convention on Diplomatic Relations 1961, the regional treaty framework of Latin America, customary international law, and a possible legal basis for the practice on the basis of humanitarian considerations. In cases where the practice takes place without a legal basis, this book aims to contribute to bridging the legal lacuna created by the rigid nature of international diplomatic law with the absolute nature of the inviolability of the mission premises facilitating the continuation of the practice of diplomatic asylum even where it is without legal foundation. It does so by proposing solutions to the problem of diplomatic asylum. This book also aims to establish the extent to which international law relating to diplomatic asylum may presently find itself within a period of transformation indicative of both a change in the nature of the practice as well as exploring whether recent notions of humanity are superseding the traditional fundaments of the international legal system in this regard.

Veiled women in the West appear menacing. Their visible invisibility is a cause of obsession. What is beneath the veil more than a woman? This book investigates the preoccupation with the veiled body through the imaging and imagining of Muslim women. It examines the relationship between the body and knowledge through the politics of freedom as grounded in a 'natural' body, in the index of flesh. The impulse to unveil is more than a desire to free the Muslim woman. What lies at the heart of the fantasy of saving the Muslim woman is the West's desire to save itself. The preoccupation with the veiled woman is a defense that preserves neither the object of orientalism nor the difference embodied in women's bodies, but inversely, insists on the corporeal boundaries of the West's mode of knowing and truth-making. The book contends that the imagination of unveiling restores the West's sense of its own power and enables it to intrude where it is 'other' - thus making it the centre and the agent by promising universal freedom, all the while stifling the question of what freedom is.

This book explores how new governments and societies deal with a legacy of past repression, in Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, as well as Russia, the Southern Cone of Latin America and Central America, as well as South Africa. It looks at official truth commissions, trials and amnesties and purges and unofficial social initiatives to deal with the past. The book also assesses the significance of forms of reckoning with the past for a process of democratic deepening as well as the importance of international actors in shaping policies to deal with past legacies in some of the countries examined.

This book examines how and why liberalism and human rights have proven insufficient to protect immigrants. Contemporary immigration systems are characterized by increasing complexity and expanding enforcement, and frequently criticized for violating human rights and for causing death, exclusion and exploitation. The 'migrant crisis' can also be understood as a crisis of hospitality for liberal democracies. Through analysis of the immigration histories and political dynamics of Britain and the US, the book explains how these two archetypal liberal states have both sought to create a hostile environment for unwanted immigrants. The book provides a fresh and original perspective on the development of immigration systems, showing how they have become subject to the politics of fear and greed, and revealing how different traditions of hospitality have evolved, survived, and renewed.

International human rights law is undoubtedly intertwined with politics. This Research Handbook explores and provokes reflection on how politics impacts human rights legislation and, conversely, how human rights law shapes politics and the functioning of the state. Bringing together leading international scholars in human rights law and politics, the Research Handbook provides theoretical reflections and empirical analyses across the areas of governance and policies and examines the implementation mechanisms of human rights law in national and international jurisdictions. Chapters discuss issues such as the mobilization of human rights in developing countries, the politics of torture and resource allocation, and the influence of politics on international institutions. It also presents a critical analysis of the human rights regimes in Africa, Asia, Europe and the Middle East, and how the state works in ways which respect the ethics and values of human rights law. Providing a comprehensive overview of the reciprocal relationship between politics and human rights legislation, this Research Handbook will be essential reading for students and academics in human rights, international politics, law and politics, and public policy.