This book: * Looks at non-violent resistances in South Asia, Middle East, Europe and Americas. * will be a must-read for scholars and researchers of politics, governance and public policy, gender, and human rights

This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.

From the rise of far-right regimes to the tumult of the COVID-19 pandemic, recent years have brought global upheaval as well as the sedimentation of longstanding social inequalities. Analyzing the complexities of the current political moment in different geographic regions, this book addresses the paradoxical persistence of neoliberal policies and practices, in order to ground the pursuit of a more just world. Engaging theories of decoloniality, racial capitalism, queer materialism, and social reproduction, this book demonstrates the centrality of sexual politics to neoliberalism, including both social relations and statecraft. Drawing on ethnographic case studies, the authors show that gender and sexuality may be the site for policies like those pertaining to sex trafficking, which bundle together economics and changes to the structure of the state. In other instances, sexual politics are crucial components of policies on issues ranging from the growth of financial services to migration. Tracing the role of sexual politics across different localities and through different political domains, this book delineates the paradoxical assemblage that makes up contemporary neoliberal hegemony. In addition to exploring contemporary social relations of neoliberal governance, exploitation, domination, and exclusion, the authors also consider gender and sexuality as forces that have shaped myriad forms of community-based activism and resistance, including local efforts to pursue new forms of social change. By tracing neoliberal paradoxes across global sites, the book delineates the multiple dimensions of economic and cultural restructuring that have characterized neoliberal regimes and emergent activist responses to them. This innovative analysis of the relationship between gender justice and political economy will appeal to: interdisciplinary scholars in social and cultural studies; legal and political theorists; and the wide range of readers who are concerned with contemporary questions of social justice.

This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.

This book draws attention to emerging issues around the rights of minorities, marginalized groups, and persons in Africa. It explores the gaps between human rights provisions and conditions, showing that although international human rights principles have been embraced in the continent, various minority groups and marginalized persons are denied such rights through criminalization and persecution. African countries have a good record of signing and ratifying international and regional rights instruments but the political will and capacity for enforcing these with respect to minorities remain weak. International contributors to the book provide new perspectives on the rights of marginalized and minority groups in different parts of Africa and the extent to which they are deprived or denied entitlement to the universality and equality articulated in law. The authors show that human rights, while having come of age as a moral ideal, has not been fully entrenched in practice towards groups such as children, indigenous populations, the mentally ill, persons with disabilities, and persons with albinism. This volume is geared toward scholars, students, human rights groups, policy makers, social workers, international organizations, and policy makers in the fields of criminology, security studies, development studies, political science, sociology, children studies, social psychology, international relations, postcolonial studies, and African Studies.

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.

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

This book explores the rights held by young people in the citizenship education classroom in the divided societies of Northern Ireland and Israel. Against the backdrop of a long history of protracted conflict and division, the author analyses how international rights obligations are reflected in the contested citizenship education curriculum in secondary schools. Drawing upon extensive qualitative data as well as policy and curriculum documents, the author reveals that understandings of education rights can be oriented around three themes - minority group representation in the curriculum, dealing with difference through pedagogy, and preparing young people for life in a (divided) society. This can be mapped onto the 42-A rights framework where education should be 'acceptable' and 'adaptable'. However, the variety of interpretations held by participants raises questions regarding the 'universality' of international frameworks for education rights, and the workability of such frameworks in the national and divided contexts. While the contexts of Northern Ireland and Israel have much in common, they are rarely compared: this book will show that their comparison is as relevant as ever, as issues of identity continue to affect everyday school life. This book will be of interest to citizenship and history education scholars, as well as those who are concerned with the application of international human rights law.

America in the Philippines, 1899-1902: The First Torture Scandal analyzes the US army's use of the 'water cure' torture in the Philippine War and the ensuing political scandal that resulted. Drawing on primary source documents to construct a detailed narrative history of the events, the book also proposes an original theory for the causes of torture, which emphasizes the moral agency of low-level actors. Einolf uses the historical debate to illuminate theories of present-day human rights advocacy. The conclusion relates the Philippine War case to the more recent use of torture under the George W. Bush administration and makes recommendations for researchers and advocates.

This volume demonstrates that migration- and diversity-related concepts are always contested, and provides a reflexive critical awareness and better comprehension of the complex questions driving migration studies. The main purpose of this volume is to enhance conceptual thinking on migration studies. Examining interaction between concepts in the public domain, the academic disciplines, and the policy field, this book helps to avoid simplification or even trivialization of complex issues. Recent political events question established ways of looking at issues of migration and diversity and require a clarification or reinvention of political concepts to match the changing world. Applying five basic dimensions, each expert chapter contribution reflects on the role concepts play and demonstrates that concepts are ideology dependent, policy/politics dependent, context dependent, discipline dependent, and language dependent, and are influenced by how research is done, how policies are formulated, and how political debates extend and distort them. This book will be essential reading for students, scholars, and practitioners in migration studies/politics, migrant integration, citizenship studies, racism studies, and more broadly of key interest to sociology, political science, and political theory.

This volume demonstrates that migration- and diversity-related concepts are always contested, and provides a reflexive critical awareness and better comprehension of the complex questions driving migration studies. The main purpose of this volume is to enhance conceptual thinking on migration studies. Examining interaction between concepts in the public domain, the academic disciplines, and the policy field, this book helps to avoid simplification or even trivialization of complex issues. Recent political events question established ways of looking at issues of migration and diversity and require a clarification or reinvention of political concepts to match the changing world. Applying five basic dimensions, each expert chapter contribution reflects on the role concepts play and demonstrates that concepts are ideology dependent, policy/politics dependent, context dependent, discipline dependent, and language dependent, and are influenced by how research is done, how policies are formulated, and how political debates extend and distort them. This book will be essential reading for students, scholars, and practitioners in migration studies/politics, migrant integration, citizenship studies, racism studies, and more broadly of key interest to sociology, political science, and political theory.

This book explores the Boycott, Divestment, and Sanctions (BDS) phenomenon - its impact and implications for Israel and the Palestinian-Israeli conflict, as well as the inextricable linkage between its anti-Israeli/anti-Zionist propaganda and antisemitism, unraveled from yet unknown perspectives. The edited volume offers groundbreaking research: While Israeli public diplomacy focused on security, Palestinian diplomacy focused on a fabricated history. The book analyzes the old Russian anti-Zionist propaganda and its application by the BDS. The public space of BDS activity projects a humane facade, yet the covert part harbors antisemitic and violent supporters including terror groups and Iran. Western universities turned into incubators of pro-Palestinian groups that portray Israel as the source of evil. The academic boycott of Israel worked to isolate and stigmatize Jewish scholars in America because of a presumed Jewish occupation of the American academe. Western "liberals" wish to build bridges with the Muslim world, unable to overcome differences on democracy, secularism, women's rights, etc., they focus on what they agree: animosity towards Israel. So has the UN; the ICC; Bedouin advocacy; and Human Rights Watch. The chapters in this book were originally published as a special issue of the journal Israel Affairs.

This book examines Egypt's turbulent and contradictory political period (2011-2015) as key to understanding contemporary politics in the country and the developments in the Arab region after the mass protests in 2010/11, more broadly. In doing so, it breaks new ground in the study of political representation, providing analytical innovation to the study of disenchantment with politics, democracy fatigue and social cohesion. Based on five years of intense fieldwork, the author provides rare insights into local and national ideas on politics, justice and identity, and on how people situate themselves and Egypt in the regional and global context. It analyzes how the creation of an alternate, political system was discussed and negotiated among the Egyptian population, the military, the government, public figures, the media, and international actors, and yet nevertheless today, Egypt has a new political regime that is the most repressive in the countries' modern history. Finally, it recalls the emotions and perceptions of individuals and collectives and interlinks these local perspectives to national events and developments through time. This book will be of key interest to scholars and students of democratization and authoritarianism, Middle East Studies, political representation and informality, collective action, and more broadly to cultural studies and international relations.

This new textbook provides an introduction to humanitarian protection, a field of study concerned with international responses to armed conflict, political violence, and humanitarian crisis. The book engages with a wide range of empirical and normative questions, providing an overview of the academic literature whilst simultaneously discussing the policies and practices associated with protective responses to conflict and humanitarian emergencies that put the lives and livelihoods of vulnerable populations, including civilians, refugees, and minority groups, at risk. Divided into three parts, covering the origins of the humanitarian protection regime, the range of actors involved, and the responsibilities of these actors, the book offers an accessible entry point into the major contemporary debates, providing readers with the conceptual tools for understanding core issues. Key points are reinforced and illustrated through the deployment of selected case studies, and a comprehensive glossary is provided for key terms. Each chapter ends with a summary of key points, questions for further reflection, and a list of recommended reading. This book will be of much interest to students of human protection, humanitarianism, the Responsibility to Protect, human security, peacekeeping, and International Relations in general.

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.

Topics as diverse as the evolving spectrum of conflict, innovations in weaponry, automated and autonomous attack, the depersonalisation of warfare, detention operations, the influence of modern media and the application of human rights law to the conduct of hostilities are examined in this book to see to what extent existing legal norms are challenged. The book takes each topic in turn, explains relevant provisions of contemporary law and analyses exactly where the legal problem lies. The analysis then develops the theme, examining for example the implications of current rules as to deception operations for certain applications of cyber warfare. The text is written in an accessible style, and demonstrates the continuing relevance of established rules and the importance of compliance with them. Useful for academics, military, governments, ministries of defence, ministries of foreign affairs, libraries, diplomats, think tanks, policy units, NGOs, and all others with an interest in law of armed conflict issues such as journalists and students.

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.

After forty years of protest and debate, we all know one thing for certain about abortion: it's a women's issue, right?
Wrong, says Brian Fisher in his groundbreaking book "Abortion: The Ultimate Exploitation of Women." In it he reveals long-forgotten or never-known facts to show that abortion is very much a man's concern--and it's part of a long and tragic pattern of men oppressing women. Which is why the original author of the Equal Rights Amendment, feminist Alice Paul, called abortion the "ultimate exploitation of women."
Fisher shows that a select group of compassionate men led the way in the nineteenth century to pass laws strengthening the criminalization of abortion--and worked with feminists of that era to do so. But it was men, not women, who drove the campaign that led to the 1973 Supreme Court ruling giving women an unqualified right to end the lives of their unborn children.
So what's in it for men? As feminist legal scholar Catharine MacKinnon observes, abortion "does not liberate women; it frees male sexual aggression." Abortion is the ultimate get-out-of-jail-free card for men with non-committal sex lives. Another agenda is at work as well. Men use abortion to advance their racist, eugenic, and population control dreams and schemes, as Fisher shows, citing their own words.
If men gave us abortion, men can end it as well. Fisher outlines why and how, and he urges men to take up the task with courageous women. He lays out a five-point plan for men to "with humility, faithfulness, and relentless perseverance, commit our time, resources, energy, heart, and testimony to ending abortion in America for the sake of women, men, and the family."

This volume explores the digitization, privatization, and spatial displacement of border security and the effects these have on political accountability and migrant rights. The governance of security and migration is unfolding in new political spaces. Cooperation and competition among immigration officials, border guards, transnational security corporations, IT companies, local police, and international organizations has decoupled migration governance from national political structures. The chapters in the volume examine how these dynamics affect the deployment and constraint of sovereign power in the United States, Canada, the United Kingdom, and the EU. Contributors trace this process from the disciplinary perspectives of law, political science, sociology, criminology, and geography. Part I of the book explores the reconfiguration of security and migration governance through historical processes of privatization, digitization, and the rescaling of border control technologies to local and global spaces. Part II explores how migrant rights actors have responded by rescaling resistance to global and local levels. This book will be of much interest to students of critical security studies, global governance, migration studies, and international relations.

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.

This book deals with the problem of human trafficking in Tanzania in the light of international law and considers human trafficking as both a criminal offence in Tanzania and a human rights violation within international law in general. The book broadens the reader's understanding of the subject of human trafficking and Tanzania's legal approach to the issue and allows the reader to grasp Tanzania's anti-trafficking piecemeal efforts from the 1970s onwards, the reasons that made Tanzania ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and Tanzania's National Assembly's deliberations regarding the enactment of the Anti-Trafficking in Persons Act of 2008 and the impact those deliberations have had on the current legal framework of Tanzania. It provides a firsthand critical analysis of the Tanzania anti-trafficking law, pointing out its strengths, weaknesses and areas for improvement in a comprehensive manner such as has never been attempted before. The book shares many tips and even insights on how to read and apply Tanzania's 2015 Anti-Trafficking Regulations in relation to the main law harmoniously. It also offers complete instructions for common-law practitioners, court personnel, researchers and other anti-trafficking personnel on how to investigate and prosecute human trafficking, prevent trafficking, both lawfully and from occurring, as well as assist victims of human trafficking and protect their human rights. Nicksoni Filbert Kahimba is a doctoral researcher in the Faculty of Law of the Humboldt Universitat zu Berlin in Berlin, Germany. The author also lectures at the School of Law of the University of Dar es Salaam in Tanzania. Specific to this book: * Contains the only up-to-date critical analysis of the Tanzanian anti-trafficking law in light of international law. * Equips common-law practitioners, court personnel, researchers and other anti-trafficking personnel with basic principles on how to combat human trafficking effectively while also protecting the victims thereof. * Simplifies a complicated picture of human trafficking and its myriad aspects in respect to the Tanzanian anti-trafficking legal and institutional framework This is Volume 27 in the International Criminal Justice Series

Drawing on conceptual debates in transitional justice and critical archival studies, as well as empirical cases from various countries around the world, the contributions in this book critically examine how archives are produced by and used in transitional justice processes such as tribunals, truth commissions and remembrance processes. This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice. In doing so it offers in-depth analyses of the relationship between archives and transitional justice in France, Colombia, Rwanda, South Africa and Northern-Ireland; it highlights truth commission and (international) court archives as much as personal collections and oral histories. The authors bring critical archival studies into dialogue with transitional justice discourses to highlight the activism and emancipatory potential but also the possibilities of injustices inherent in archives and archival practice. Crucially, the book goes beyond merely highlighting the evidentiary value of archives by linking them to a multitude of transitional justice processes, goals and ideals, including remembrance processes, witnessing, reconciliation, non-recurrence, and various struggles against injustices and prevalent violence. This collection contributes to and expands our understanding of archives in transitional justice and critically questions core assumptions being made about the inherently positive contributions archives and records make to dealing with a violent past. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

This volume bridges two different research fields and the current debates within them. On the one hand, the transitional justice literature has been shaken by powerful calls to make the doctrine and practice of justice more transformative. On the other hand, collective memory studies now tend to look more closely at meaningful silences to make sense of what nations leave out when they remember their pasts. The book extends the scope of this heuristic approach to the different mechanisms that come under the umbrella of transitional justice, including legal prosecution, truth-seeking and reparations, alongside memorialisation. The 15 chapters included in the volume, written by expert scholars from diverse disciplinary and societal backgrounds, explore a range of practices intended to deal with the past, and how making the invisible visible again can make transitional justice - or indeed, any societal engagement with the past - more transformative. Seeking to combine contextual depth and comparative width, the book features two key case analyses - South Africa and Sri Lanka - alongside discussions of multiple cases, including such emblematic sites as Rwanda and Argentina, but also sites better known for resisting than for embracing international norms of transitional justice, such as Turkey or Cote d'Ivoire. The different contributions, grouped in themed sections, progressively explore the issues, actors and resources that are typically forgotten when societies celebrate their pasts rather than mourning their losses and, in doing so, open new possibilities to build more inclusive processes for addressing the present consequences of past injustice.