This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "imperative norms", and "imperativeness" as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

The contributors show that the current understanding of trafficking excludes large groups of people who, due to their migration status, experience human rights violations on a continuum of exploitation ranging from forced labour to minor detractions from labour standards.

A moral compass for the use of limited force that draws on the just war thought of Thomas Aquinas One of the most contentious developments in contemporary international relations has been the increased use of limited force. On the one hand, insofar as it signals greater constraint, the shift away from the mechanized slaughter of large-scale warfare toward more calibrated applications of force may be hailed as a step in the right direction. On the other, because uses of limited force appear more compartmentalized and therefore containable, it may encourage states’ more frequent recourse to arms. How, then, are we to make moral sense of this shift toward the small-scale use of force? When are these operations morally justifiable? Limited Force and the Fight for the Just War Tradition offers a moral compass for just war theorists and extends the limited scholarship on jus ad vim (the just use of limited force). Based on a historical approach to just war and case studies, this book provides practical arguments on the question of how the practice of targeted killing and punitive airstrikes should be regulated in order to be morally defensible. Drawing from a historical reading of the just war thought of Thomas Aquinas, Braun demonstrates how classical just war thinking not only helps us grapple with the moral questions of limited force but can also make an important third-way contribution to a field of study that has been engaged in a metaphorical fight about the just war tradition.

Following Russia's invasion of Ukraine in early 2022, sanctions were implemented that banned Russia from most international sports. As a result, sport governing bodies (SGBs) have made a marked shift in their tradition of neutrality, to a point of no return. In light of this, this book asks what is next for SGBs. It provides an analysis of the root problem that sport governing bodies have had with politics since their inception: a paradoxical treatment of neutrality. This can be evidenced by their awarding of Mega-Sport Events to authoritarian states and also through the SGBs' own desire to make a difference by promoting human rights and sustainable development. Good or bad, the author argues that their neutrality principles are invalidated by their actions. Offering interdisciplinary research with empirical examples, this issue is explored in an engaging, yet analytical way, making it valuable reading for researchers and students interested in sport management, for organisations and also policy makers. This book presents a pioneering study of neutrality and autonomy in sport in light of the Ukraine crisis, and addresses a growing appetite in academia on how sport governing bodies will reconcile their commitments to societal progress, whilst maintaining neutrality.

Native Americans in the United States, similar to other indigenous people, created political, economic, and social movements to meet and adjust to major changes that impacted their cultures. For centuries, Native Americans dealt with the onslaught of non-Indian land claims, the appropriation of their homelands, and the destruction of their ways of life. Through various movements, Native Americans accepted, rejected, or accommodated themselves to the nontraditional worldviews of the colonizers and their policies. The Historical Dictionary of Native American Movements is designed to provide a useful reference for students and scholars to consult on topics dealing with key movements, organizations, leadership strategies, and the major issues these groups confronted. This second edition of Historical Dictionary of Native American Movements contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 200 cross-referenced entries on important personalities, language, religion, politics, and the environment.

This volume explores the discourse of disaster and women in the existing social settings and state disaster-related affairs in coastal Bangladesh. It covers various issues ranging from disproportionate vulnerability, coping and adaptation mechanisms for women, limitations for promoting participation and involvement of women in the decision-making process both in family and community and changes in the role and responsibilities of women for reducing disaster risk and vulnerability. It contributes to the deconstruction of gender-based identity by addressing women's changing practices and roles in the coastal area in terms of the involvement of women with the development process, earning/income generation activities, decision-making process, access and entitlements to resources. This book presents the most current and inclusive circumstances of disaster and women of the coastal area in Bangladesh. The insights obtained through the eyes of a sociologist from a holistic perspective make this book different and unique. The book is of interest to researchers, academics, policymakers and professionals engaged in the social understanding of disaster studies, as well as to researchers and practitioners in interdisciplinary domains, including sociology, gender studies, social work, environmental studies, and development studies.

This book is the first ever collection of scholarly essays on the history of the Irish working class. It provides a comprehensive introduction to the involvement of Irish workers in political life and movements between 1830 and 1945. Fourteen leading Irish and international historians and political scientists trace the politicization of Irish workers during a period of considerable social and political turmoil. The contributions include both surveys covering the entire period and case studies that provide new perspectives on crucial historical movements and moments. This volume is a milestone in Irish labour and political historiography and an important contribution to the international literature on politics and the working class.

This intricate volume reviews the historical development of the discriminatory body of law that applies to the indigenous peoples of the Western Hemisphere, beginning with the papal bull Inter Caetera of 1493 and ending with the recent developments of the United Nations' Working Group on Indigenous Populations. James Falkowski explains how the legal system of the European colonizers, which was later adopted by the European settler population, developed special doctrines that applied only to the indigenous peoples and legalized the erosion of the rights of the vanishing race. Falkowski demonstrates how two systems of law--one applying to civilized peoples, and the other to the backwards races--were devised and justified.

The author traces the development of The Sacred Trust of Civilization from its origin in the writings of Spaniard Francisco de Victoria and the Englishman Edmund Burke, through its internationalization in the League of Nations' Native Inhabitants Clause, and the United Nations' Non-Self-Governing Territories provision. He evaluates the exclusion of the indigenous peoples from these protections through the rejection of the Belgian Thesis. Falkowski goes on to review the refinements in the separate body of law that applies to indigenous peoples by the ILO, and recent efforts by the Working Group on Indigenous Populations to remedy this situation. The author also examines the treatment of indigenous peoples by international courts and the United States Supreme Court. He rejects theories justifying overland colonization and proposes the reform of Indian law through the application of international human rights principles. The book contains the complete text of numerous important documents that pertain to the rights of indigenous peoples. "Indian Law/Race LaW" will appeal to historians as well as those interested in Indian law, and the development of international and human rights law.

This edited volume analyzes participatory practices in art and cultural heritage in order to determine what can be learned through and from collaboration across disciplinary borders. Following recent developments in museology, museum policies and practices have tended to prioritize community engagement over a traditional focus on collecting and preserving museal objects. At many museal institutions, a shift from a focus on objects to a focus on audiences has taken place. Artistic practices in the visual arts, music, and theater are also increasingly taking on participatory forms. The world of cultural heritage has seen an upsurge in participatory governance models favoring the expertise of local communities over that of trained professionals. While museal institutions, artists, and policy makers consider participation as a tool for implementing diversity policy, a solution to social disjunction, and a form of cultural activism, such participation has also sparked a debate on definitions, and on issues concerning the distribution of authority, power, expertise, agency, and representation. While new forms of audience and community engagement and corresponding models for "co-creation" are flourishing, fundamental but paralyzing critique abounds and the formulation of ethical frameworks and practical guidelines, not to mention theoretical reflection and critical assessment of practices, are lagging. This book offers a space for critically reflecting on participatory practices with the aim of asking and answering the question: How can we learn to better participate? To do so, it focuses on the emergence of new norms and forms of collaboration as participation, and on actual lessons learned from participatory practices. If collaboration is the interdependent formulation of problems and entails the common definition of a shared problem space, how can we best learn to collaborate across disciplinary borders and what exactly can be learned from such collaboration?

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

In Development as Freedom Amartya Sen explains how in a world of unprecedented increase in overall opulence millions of people living in the Third World are still unfree. Even if they are not technically slaves, they are denied elementary freedoms and remain imprisoned in one way or another by economic poverty, social deprivation, political tyranny or cultural authoritarianism. The main purpose of development is to spread freedom and its 'thousand charms' to the unfree citizens. Freedom, Sen persuasively argues, is at once the ultimate goal of social and economic arrangements and the most efficient means of realizing general welfare. Social institutions like markets, political parties, legislatures, the judiciary, and the media contribute to development by enhancing individual freedom and are in turn sustained by social values. Values, institutions, development, and freedom are all closely interrelated, and Sen links them together in an elegant analytical framework. By asking 'What is the relation between our collective economic wealth and our individual ability to live as we would like?' and by incorporating individual freedom as a social commitment into his analysis Sen allows economics once again, as it did in the time of Adam Smith, to address the social basis of individual well-being and freedom.

This wide-ranging and provocative book is at the same time a cry of warning for the threat to democracy posed by the French National Front, an analysis of the factors which have made possible its rise and repeated success, and a ruthless critique of the failures of anti-racism. The authors deploy meticulous scholarship in examining the NF's ideology, structure, antecedents and present activities before concluding that is it much better seen as a species of modernized fascism than as simply another temporary emanation of a vague "national populism." The lack of serious opposition to the NF is attributed to the failure of mainstream anti-racists to link up with and defend the minorities which it targets, a reflection of the complacency bred by the enduring myth that France is and has been since 1789 the natural home of the Rights of Man.

This book covers the essential aspects of prevention of childhood statelessness focusing on norms governing the subject through the rights to acquire a nationality and to birth registration, two vital safeguards to prevent statelessness among children. Its unique feature lies in its exposition of the international legal norms focusing on prevention of childhood statelessness and systematic analyses of domestic legal frameworks on nationality and birth registration of the 10 ASEAN Member States. This book is designed for a wide range of readers comprising academics, advocates, students, policy makers, and other stakeholders working on statelessness affecting children, especially in Southeast Asia.

The idea of human rights is not new. But the importance of taking rights seriously has never been more urgent. The eighteen essays which comprise Literature and Human Rights are written as a contribution to this vital debate. Each moreover is written in the spirit of interdisciplinarity, reaching across the myriad constitutive disciplines of law, literature and the humanities in order to present an array of alternative perspectives on the nature and meaning of human rights in the modern world. The taking of human rights seriously, it will be suggested, depends just as much on taking seriously the idea of the human as it does the idea of rights.

15-year-old Roza thinks she's leaving Albania for better things in the UK. However, when she arrives, she realizes this is a lie. Her father has sold her to get out of debt. The Braka family now consider her their property. They work her hard, beat and starve her, and refuse to let her go out. But she must tell people they are her parents. When she runs to the police, her captors show them a forged birth certificate. She is dismissed as attention-seeking and returned to them for punishment. She doesn't think life can get much worse. But when she tries to escape, she's sent to a holding house full of other enslaved girls. A fast-paced YA thriller about child trafficking. It appears to be the first of its kind. It should appeal to fans of Miriam Halahmy, Anne Cassidy, and Laurie Halse Anderson.

How do you tell the difference between a "good kid" and a "potential thug"? In Dangerous or Endangered?, Jennifer Tilton considers the ways in which children are increasingly viewed as dangerous and yet, simultaneously, as endangered and in need of protection by the state. Tilton draws on three years of ethnographic research in Oakland, California, one of the nation's most racially diverse cities, to examine how debates over the nature and needs of young people have fundamentally reshaped politics, transforming ideas of citizenship and the state in contemporary America. As parents and neighborhood activists have worked to save and discipline young people, they have often inadvertently reinforced privatized models of childhood and urban space, clearing the streets of children, who are encouraged to stay at home or in supervised after-school programs. Youth activists protest these attempts, demanding a right to the city and expanded rights of citizenship. Dangerous or Endangered? pays careful attention to the intricate connections between fears of other people's kids and fears for our own kids in order to explore the complex racial, class, and gender divides in contemporary American cities.

This volume explores how children's rights has influenced research with children and how research can in turn shape policies and practices to enhance children's rights. The book examines the impact children's rights and Childhood Studies has had on how children are constructed and regulated internationally.

Without succumbing to utopian fantasies or realistic pessimism, Riemer and his contributors call for strengthening the key institutions of a global human rights regime, developing an effective policy of prudent prevention of genocide, working out a sagacious strategy of keenly targeted sanctions--political, economic, military, judicial--and adopting a guiding philosophy of just humanitarian intervention. They underscore significant changes in the international system--the end of the Cold War, economic globalization, the communications revolution-- that hold open the opportunity for significant, if modest, movement toward strengthening key institutions.

The essays explore key problems in working toward prevention of genocide. They highlight the existence of considerable early warning of genocide and emphasize that the real problem is a lack of political will in key global institutions. Sanctions, especially economic sanctions may punish a genocidal regime, but at the expense of innocent civilians. Thus, more clearly targeted sanctions are seen as essential. The argument on behalf of a standing police force to deal with the crime of genocide, as they show, is powerful and controversial: powerful because the need is persuasive, controversial because political realists question its cost and political feasibility. Implementing a philosophy of just humanitarian intervention requires an appreciation of the difficulties of interpreting those principles in difficult concrete situations. A permanent international criminal tribunal to deter and punish genocide, they argue, will put into place a much needed component of a global human rights regime. A thoughtful analysis for scholars and students of international politics and law, and human rights in general.

This book offers an in-depth analysis of how governments in vulnerable regions respond to climate migrations. The author argues that, despite the newness of the discipline, responding to hydro-meteorological disasters at the sub-state level is fairly old and institutionalised. Using the example of India, and the State of Assam, the author demonstrates how existing rights-based frameworks are used as norms for governing climate migrations. However, these normative frameworks become futile when the sub-state simultaneously contests the status of climate migrants as legitimate citizens. Instead, the responsibility is replaced with pity-making and the state becomes an empathetic spectator - who understands the misfortune but refuses to be held accountable for either the development or protection of those worst affected by climate change. Those who migrate due to climate change often find themselves stripped of their lands (because of erosion) and their political belonging to the society. The volume will be useful for those studying climate migrations and disaster responses to better understand how communities which are most affected by climatic disasters may not even have a right to have rights against the State they found themselves in. Ritumbra Manuvie is a Senior Researcher and Lecturer of Law at the University of Groningen, The Netherlands. The author studied migration, citizenship, and belonging in Assam during her doctoral work at the University of Edinburgh. She is currently part of the ELSA - North Netherlands lab which aims to study Ethical, Legal, and Socio-political factors that influence the usage of AI in the health sector.

"Women's Human Rights: Seeking Gender Justice in a Globalising Age" explores the emergence of transnational, UN-oriented, feminist advocacy for womens human rights, especially over the past three decades.

It identifies the main feminist influences that have shaped the movement liberal, radical, third world and cosmopolitan and exposes how the Western, legalist, state-centric, and liberal biases of mainstream human rights discourse impede the realisation of human rights in womens lives everywhere.The book traces the evolution of the womens human rights movement through an examination of its key issues, debates, and practical interventions in international law and policy arenas. This includes efforts to: Develop global gender equality norms via the UN Womens ConventionFrame violence against women as a human rights issueAddress gender-based crimes in conflict situations, include women in conflict resolution and post-conflict reconstruction, and challenge new forms of militarismHighlight the gendered human rights dimensions of widening inequalities in a context of neo-liberal globalisationDevelop human rights responses to anti-feminist fundamentalist movements with a focus on reproductive and sexual rights

Ultimately, "Women's Human Rights" reaffirms a commitment to critically reinterpreted universal human rights principles and demonstrates the vital role that bottom-up, transnational movements play in making them a reality in women's lives.

This book explores the EU's approach to peacebuilding and questions the EU global role as crisis manager and capacity builder. It highlights the significant contributions of the EU to civilian peacebuilding and also critically evaluates the activities of the EU Common Security and Defence Policy (CSDP) within their rule of law and human rights peacebuilding missions. It draws on the author's twenty years of experience working on CSDP and EU defence matters including his research on EU police missions in Africa and Middle East. It exposes emergent tension between peacebuilding in its neighbourhood and security issues. It examines the practice of EU peacebuilding including performance of its missions and how deployed personnel can professionalise their diplomatic (mediation, negotiation and dialogue facilitation) capacity to fully realise the potential of missions and exploit opportunities for expanding the vision of peace. It formulates convincing policy recommendations for the future planning of EU external relations in post conflict environments and offers valuable insights into how to connect with people and communities in the aftermath of conflict.

The protection of fundamental rights in the field of transnational criminal inquiries is of great delicateness in the current tangled web of domestic and international legal sources. Due to this complex scenario, this research has been carried out from a four-level perspective. The first part provides a critical analysis of the multilevel systems of protecting fundamental rights from the perspective of supranational and constitutional case law, and in the field of international and organized crime. The second part focuses on EU judicial cooperation in three main fields: financial and serious organized crime, mutual recognition tools, and individual rights protection. The third part provides the perspectives of ten domestic legal systems in two fields, i.e., obtaining evidence abroad and cooperation with international criminal tribunals. The fourth part analyses cross-border inquiries in comparative law, providing a reconstruction of different models of obtaining evidence overseas.

Europe is currently experiencing a "refugee crisis", demonstrated by millions of displaced people unseen since World War II. This book examines the interface between the EU's response to irregular flows, in particular the main extraterritorial border and migration controls taken by the Member States, and the rights asylum seekers acquire from EU law. "Remote control" techniques, such as the imposition of visas, fines on carriers transporting unsatisfactorily documented third-country nationals, and interception at sea are investigated in detail in a bid to assess the impact these measures have on access to asylum in the EU. The book also thoroughly analyses the rights recognised by the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-refoulement, the right to leave any country including one's own, the right to asylum, and the right to remedies and effective judicial protection. The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers and, most importantly, how these rights (should) limit the scope of such measures and the ways in which they are implemented. The ultimate goal is to conclude whether the current series of extraterritorial mechanisms of pre-entry vetting is compatible in EU law with the EU rights of forced migrants.

A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists' assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the 'new international legal positivism'; Hartian legal positivism and the 'normative positivist' account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.