The ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of current and potential scenarios at the international, regional and domestic level, including the use of killer robots, databases, drones and technology in general to patrol borders, exchange information on criminal suspects, maintain public order, target suspected terrorists and conduct military activities. In turn, the second section examines the role of institutional and non-institutional actors in establishing substantive normative standards for the use of high-tech applications. In this respect, it focuses both on the role that European courts have played so far, and on how other actors' initiatives can contribute to the construction of a new legal framework for technology-related activities. Lastly, the third section has a two-fold focus: the first part investigates how the increasing reliance on technology is affecting traditional rules on international responsibility, and is challenging, in particular, the attribution of wrongful conduct to States and international organizations. The second part addresses issues of jurisdiction and justiciability. Given the scope of its coverage, this timely book addresses an important lacuna in the current legal scholarship, exploring some of the most recent applications of technology and the legal issues arising as a result. Readers will gain novel insights into the challenges posed to International law and European law by the growing reliance on technology, taking into account both its uses and misuses.

This book examines religious activism-Christianity, Buddhism, and Taoism-in China, a powerful atheist state that provides one of the hardest challenges to existing methods of transnational activism. The author focuses on mechanisms used by three kinds of actors: protesters, advocates and opportunists, and uses regional, inter-faith, and international comparisons to understand why some foreign advocates can enter China and engage in illegal aid and missions to empower local activists, while the same groups cannot conduct the same activities in another geographically, economically and politically similar location. The stories in this book demonstrate a more inclusive and bottom-up approach of transnational activism; they challenge the conventional spiral theory paradigm of human rights literature and the narrow views about GONGOs in civil society literature. This new knowledge helps to sustain a more optimistic view and offers an alternative way of promoting human rights in China and countries with similar authoritarian environments.

Offering an up-to-date and comprehensive resource for students and general readers investigating human trafficking, this book examines the phenomenon in its many forms, the factors contributing to its existence, the victims it affects, and those who perpetrate this horrific crime. The horrific reality is that millions of human beings are bought and sold every year worldwide. Human trafficking is not an obsolete practice, and these crimes are not rare in occurrence. Recent examples of human trafficking such as the abduction of hundreds of Nigerian schoolgirls by the terrorist organization Boko Haram and depictions of trafficking in films such as Taken have brought human trafficking squarely into the public eye. This book offers a comprehensive understanding of human trafficking in its many forms. It examines the traffickers who range from single operators to large, transnational organizations and investigates how they coerce, deceive, and exploit their victims in the domestic service, farming, construction, and sex industries as well as in the harvesting of organs. The coverage includes common practices of human trafficking like sexual exploitation of women in Western and Central Europe, labor exploitation in the Middle East, and the exploitation of children in Western and Central Africa. Readers are introduced to various experts who have rescued and worked with victims, prosecuted cases, and conducted research to gain more insight into this crime and serious abuse of human rights, and they will gain insight into how a number of people and organizations are working to combat human trafficking and protect victims. Primary source documents that include reports by government, international organizations, and NGOs serve to aid readers in acquiring more knowledge on the topic. Provides readers with a greater understanding of the complexities of human trafficking-from lack of clarity in the definition to the problem of identifying victims-and how human trafficking differs from human smuggling Enables a greater appreciation for the social, economic, cultural, and environmental factors that contribute to human trafficking and suggests how these crimes should be addressed Suggests measures that have been introduced and must be applied more extensively to combat trafficking and protect potential victims

This book argues that ultimately human rights can be actualized, in two senses. By answering important challenges to them, the real-world relevance of human rights can be brought out; and people worldwide can be motivated as needed for realizing human rights. Taking a perspective from moral and political philosophy, the book focuses on two challenges to human rights that have until now received little attention, but that need to be addressed if human rights are to remain plausible as a global ideal. Firstly, the challenge of global inequality: how, if at all, can one be sincerely committed to human rights in a structurally greatly unequal world that produces widespread inequalities of human rights protection? Secondly, the challenge of future people: how to adequately include future people in human rights, and how to set adequate priorities between the present and the future, especially in times of climate change? The book also asks whether people worldwide can be motivated to do what it takes to realize human rights. Furthermore, it considers the common and prominent challenges of relativism and of the political abuse of human rights. This book will be of key interest to scholars and students of human rights, political philosophy, and more broadly political theory, philosophy and the wider social sciences. The Open Access version of this book, available at: https://www.taylorfrancis.com/books/9781003011569, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Freedom of religion is an issue of universal interest and scope. However, in the last two centuries at least, the philosophical, religious and legal terms of the question have been largely defined in the West. In an increasingly global world, widening our knowledge of this right's roots in different cultural and legal systems becomes a priority. This Handbook seeks to attain this goal through a better understanding of the historical roots and expressions of the right to freedom of religion on the one hand and, on the other, of its theological background in different religious traditions. History and theology provide the setting for the analysis of the politics of freedom of religion, that is, how this right is used in the context of the dialogue/confrontation between countries placed in different cultural regions of the world, and of the legal strategies and tools that have been developed and are employed to protect and foster the right to freedom of religion. Behind these legal and political strategies, there is an ongoing debate about the nature of this right, whose main features are explored in the final section. Global, historical and interdisciplinary in approach, this book studies the new relevance of freedom of religion worldwide and develops suitable categories to analyze and understand the role that freedom of religion can play in managing religious and cultural diversity in our societies. Authored by experts, through the contributions collected in these chapters, scholars and students will be able to broaden and deepen their knowledge of the right to freedom of religion and to develop the ability to go beyond the borders of the different cultural environments in which this right took shape and developed.

The book questions the classic idea of self-determination - the right to self-determination is a right of peoples, not of minorities - by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

In the fight against human trafficking, cross-sector collaboration is vital-but often, systemic tensions undermine the effectiveness of these alliances. Kirsten Foot explores the most potent sources of such difficulties, offering insights and tools that leaders in every sector can use to re-think the power dynamics of partnering. Weaving together perspectives from many sectors including business, donor foundations, mobilization and advocacy NGOs, faith communities, and survivor-activists, as well as government agencies, law enforcement, and providers of victim services, Foot assesses how differences in social location (financial well-being, race, gender, etc.) and sector-based values contribute to interpersonal, inter-organizational, and cross-sector challenges. She convincingly demonstrates that finding constructive paths through such multi-level tensions-by employing a mix of shared leadership, strategic planning, and particular practices of communication and organization-can in turn facilitate more robust and sustainable collaborative efforts. An appendix provides exercises for use in building, evaluating, and trouble-shooting multi-sector collaborations, as well as links to online tools and recommendations for additional resources. All royalties from this book go to nonprofits in U.S. cities dedicated to facilitating cross-sector collaboration to end human trafficking. For more information and related resources, please visit http://CollaboratingAgainstTrafficking.info.

In the last 20 years, the related phenomena of honour-based violence and forced marriages have received increasing attention at the international and European level. Punitive responses towards this type of violence have been adopted, including ad hoc criminalisation and legislation containing direct references to the concepts of honour, culture, and tradition. However, criminal law-based responses present several shortcomings and have often disregarded the specific needs that victims of such crimes might encounter. This book examines the possibility of using alternative programmes to address cases of honour-based violence and forced marriages. After reviewing previous existing literature, it presents new empirical data. Introducing a case study from the United Kingdom, the book recalls the debate on Sharia Councils and the Muslim Arbitration Tribunal, but examines instead other community-based secular programmes. By comparison, a study from Norway on the work of the National Mediation Agency and the so-called Cross-Cultural Transformative Mediation model is investigated as part of a larger multi-agency approach. Ultimately, in an attempt to reconcile pluralism and the rule of law, the book proposes effective ways to tackle honour crimes based on cooperation and individualisation of the proceedings, and capable of improving women's access to justice and reducing secondary victimisation. The book will be essential reading for researchers and academics in Law, Criminology, Sociology, and Anthropology and for policy-makers and practitioners working with honour-based violence cases.

Australia has one of the harshest immigration detention regimes in the world, labelled cruel and degrading and a crime against humanity; these policies have been widely condemned. This book calls for a shift in how the healthcare community approaches Australian immigration detention, calling for non-violent resistance to be incorporated in future efforts that seek change. Fundamentally, such an approach recognizes that if change is to be realized a shift is needed beyond evidence and reasoned argument; future efforts need to confront injustice, resisting and undermining what creates and sustains these policies. This book provides a rationale for such action and considers the justification of three different 'types' of action in detail; strike action, whistleblowing and principles disobedience.

This book explores fundamental topics concerning the functioning of the judiciary. The authors - class scholars, international judges and jurists from a diverse range of countries - address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.

This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners' claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices' unanimous endorsement of a Muslim prisoner's religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners' rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners' rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.

This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU's mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.

This book is an examination and critique of the methods employed by the United Nations in adopting human rights instruments. Three of the major instruments - the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Convention on Civil and Political Rights - are selected for detailed study. The author concludes that the present system of law-making is inadequate and points to many examples of unclear provisions and of overlap and conflict within a single instrument or between instruments. In order that this important function of the organized international community, that of protecting human rights, can work effectively, improvements in law-making techniques are necessary, and Professor Meron concludes with some suggestions for reforms both of the institutions and of the process itself.

This study on cross cultural perspectives in child advocacy deals with various topics, including support for children's issues, the factors that influence reporting of suspected child abuse and child advocacy's application to education professionals. The study looks at issues from around the world.

This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.

This second edition of Ethnic Conflict in World Politics is an introduction to a new era in which civil society, states, and international actors attempt to channel ethnic challenges to world order and security into conventional politics. From Africa's post-colonial rebellions in the 1960s and 1970s to anti-immigrant violence in the 1990s the authors survey the historical, geographic, and cultural diversity of ethnopolitical conflict. Using an analytical model to elucidate four well-chosen case studies--the Kurds, the Miskitos, the Chinese in Malaysia, and the Turks in Germany--the authors give students tools for analyzing emerging conflicts based on the demands of nationalists, indigenous peoples, and immigrant minorities throughout the world. The international community has begun to respond more quickly and constructively to these conflicts than it did to civil wars in divided Yugoslavia and genocide in Rwanda by using the emerging doctrines of proactive peacemaking and peace enforcement that are detailed in this book. Concludes by identifying five principles of international doctrine for managing conflict in ethnically diverse societies. The text is illustrated with maps, tables, and figures.

This book draws on the experiences of the indigenous movement in Myanmar to explore how the local construction of indigenous identities connects communities to global mechanisms for addressing human rights and environmental issues. Various communities in Myanmar have increasingly adapted international discourses of indigenous identity as a vehicle to access international legal mechanisms to address their human rights and environmental grievances against the Myanmar state. Such exercise of global discourses overlays historical endemic struggles of diverse peoples involving intersectional issues of self- determination, cultural survival, and control over natural resources. This book draws implications for the intersectionality of local and global theoretical discourses of indigeneity, human rights, and environment. It uses such implications to identify attendant issues for the aspirations of international human rights and environmental efforts and the practice of their associated international legal mechanisms. This book informs readers of the agency and capabilities of communities in underdeveloped countries to engage different global mechanisms to address local grievances against their states. Readers will develop a more critical understanding of the issues posed by the local construction of indigeneity for the ideals and practice of international efforts regarding human rights and the environment. This book will be of great interest to students and scholars of indigenous studies, human rights, international law, Asian studies, development studies, and the environment.

This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in understanding the democratic rule of law globally. In each of these cases, the adjudicating body's analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the executive of that time. Thus, the book is instructive for an international audience on the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of constitutional law, politics and human rights.

Gender and Human Rights in a Global, Mobile Era delves into feminist debates surrounding the relationship between gender and human rights through engaging feminist perspectives on the multifaceted issue of human trafficking. Building on analyses of domestic servitude, commercial sex, and labor trafficking by military contractors, and grounded in intersectional feminist cosmopolitanism and feminist theorizing on vulnerability, precarity, and ethical interdependence, Laura Hebert makes several interrelated contributions. As she explores how a feminist gender analysis illuminates the structures and norms enabling trafficking, Hebert simultaneously considers the future of feminist rights advocacy. Emphasizing the sociality of human rights, she encourages feminist scholars and activists to look beyond states as the duty-bearers of human rights and the assumption that human rights are made meaningful mainly through the establishment of legal rights at the national level. She challenges the idea that "feminism" can be reduced to advocacy on behalf of women's rights. She also encourages critical reflection on how divisions associated with feminist politics have impeded opportunities for the building of feminist solidarities across differences aimed at the realization of the human rights of all. Strongly interdisciplinary, Gender and Human Rights in a Global, Mobile Era will be of interest to students and scholars throughout the social sciences and humanities.

Accessing human rights and justice mechanisms is a pressing issue in global politics. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to develop adequate means of accessing them in order to make a difference to people's lives. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues by focusing on the dilemmas of accessing and implementing human rights and justice across a range of empirical contexts while also investigating a range of conceptual approaches to, and understandings of, justice, including issues of equality, retribution, and restoration, as well as justice as a transnational professional project. The contributors, representing a range of disciplinary backgrounds and diverse voices, offer empirical examples from Afghanistan, Democratic Republic of the Congo, Syria, Tunisia, and Uganda to explore the issues of accessing and implementing human rights and justice in conflict, post-conflict, and transitional settings. This work will be of interest to students and scholars of international relations, human rights, international criminal justice, and conflict response.

Gender and Human Rights in a Global, Mobile Era delves into feminist debates surrounding the relationship between gender and human rights through engaging feminist perspectives on the multifaceted issue of human trafficking. Building on analyses of domestic servitude, commercial sex, and labor trafficking by military contractors, and grounded in intersectional feminist cosmopolitanism and feminist theorizing on vulnerability, precarity, and ethical interdependence, Laura Hebert makes several interrelated contributions. As she explores how a feminist gender analysis illuminates the structures and norms enabling trafficking, Hebert simultaneously considers the future of feminist rights advocacy. Emphasizing the sociality of human rights, she encourages feminist scholars and activists to look beyond states as the duty-bearers of human rights and the assumption that human rights are made meaningful mainly through the establishment of legal rights at the national level. She challenges the idea that "feminism" can be reduced to advocacy on behalf of women's rights. She also encourages critical reflection on how divisions associated with feminist politics have impeded opportunities for the building of feminist solidarities across differences aimed at the realization of the human rights of all. Strongly interdisciplinary, Gender and Human Rights in a Global, Mobile Era will be of interest to students and scholars throughout the social sciences and humanities.

This book examines both border policies and oppositional narratives of "the border," 2011-2021, demonstrating that the term designates not merely a line of territorial control but also a set of social relations shaped by persistent, racially differentiated colonial structures and, more recently, by neoliberal modes of accumulation. These relations are shown to determine access to wealth and/or resources and to enable the management of labor, the extraction of surplus, and the accumulation of capital. Discussion in the book is informed by the history of these policies and by the critical literature on borders. Various cultural texts focusing on two border zones-the US-Mexico and the EU-Southern Mediterranean-are analyzed: specifically, two novels, two films, and two murals examined in conjunction with a music video. A path to a borderless future is suggested: an abolitionist refusal of border rules with an insistence on the necessity of abolition.

1) For academic researchers, human rights practitioners, musicians and all artists 2) Addresses a valiant and highly relevant and timely need: to fostering a culture of humanism in support of the Universal Declaration of Human Rights and related goals set forth by the UN 3) Promotes global conversations about the role of the arts to empower citizenry and enhance human rights awareness. 4) Inspires new trajectories in interdisciplinary research, most notably linking music with studies in health, environment, gender and forced displacement. 5) Facilitated by a wide range of experts from the human rights sector-academics, human rights defenders, governmental agencies, non-governmental organizations, and individual practitioners-and from a variety of musical fields, both academic and performing

This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.