This title provides a specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.

The main theme of this volume of the Yearbook of International Humanitarian Law is the 70th anniversary of the Geneva Conventions. The evolution of these crucial treaties and international humanitarian law more generally comes back in six chapters addressing topics such as sieges, compliance, indiscriminate attacks and non-state armed groups. The second part of the book contains a chapter on the acquittal on appeal of Jean-Pierre Bemba Gombo by the International Criminal Court on the basis of command responsibility for war crimes, as well as an extensive Year in Review describing the most important events and legal developments in the area of international humanitarian law that took place in 2019. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fourteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.

This book explores the role of gender in the recognition of an individual's legal capacity. It discusses the meaning of the right to legal capacity and its two core elements - legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities - for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world - including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

This book is about the forces and processes that continue to sustain pervasive inequalities in modern capitalist societies. It centers around the rise of structuration theory in geography and how this approach may be applied in order to comprehend the deepening chasms between classes, races, ethnic groups, and individuals in North America today. Inner city urban neighborhood decay, growing poverty, widening wealth gaps, and sustained racial and gender discrimination in the workplace all have spatial components. Structuration theory, originally expounded by Anthony Giddens, seeks to confront the relation between agency and structure in the social sciences. The centerpiece of structuration theory is duality of structure, the force that produces and reproduces the fabric of everyday life. The chapters in this volume successfully apply Giddens's theory to a number of specific institutions and locales where unequal access to basic resources is notably pronounced.

Torture and Moral Integrity is about the wrongness of torture and the nature of morality. It discusses multiple types of torture with great philosophical acuity and it seeks to explain why interrogational torture and other types of torture are always and everywhere morally wrong. At the same time, it rigorously plumbs the general structure of morality and the intricacies of moral conflicts and it probes some of the chief grounds for the moral illegitimacy of various modes of conduct. It sophisticatedly defends a deontological conception of morality against some subtle critiques that have been mounted during the past few decades by proponents of consequentialism. The book tackles a concrete moral problem: a problem that has been heatedly debated during recent years in the governmental and military institutions of many countries as well as in academic circles. At the same time it tackles some very abstract issues in moral and political philosophy. Moreover, as becomes apparent at numerous junctures, the abstract ruminations and the concrete prescriptions are closely connected: Kramer's recommendations concerning the legal consequences of the perpetration of torture by public officials or private individuals, for example, are based squarely on his more abstract accounts of the nature of torture and the nature of morality. His philosophical reflections on the structure of morality are the vital background for his approach to torture, and his approach to torture is a natural outgrowth of those philosophical reflections.

This book analyzes the governance of illegal immigrants in ethnic areas along China's southwest border. Since China is not an immigrant country and lacks an immigrant culture, the goals of law enforcement departments are limited to sanfeirenyuan (three types of illegal persons: illegal immigrants, illegal residents, and illegal employees). The transformation of sanfeirenyuan, an issue that has plagued China for many years, into an "illegal immigration" governance issue that is of general concern to the international community, has led to fundamental changes in research methods and research topics. The research presented here makes the issue China now faces part of global issues; by using the "worldview on China's issues" to assess current problems, it can also show how "China's solutions can be applied to global issues." The unique feature of this book is that it approaches the issue of illegal immigration as an unconscious crisis. Accordingly, it holds substantial value in terms of exploring the theoretical basis of and governance methods for maintaining national security in the context of globalization, as well as the early warning mechanisms and crisis management in the context of China's national security. Since China has a long southwest border, the stability and security of border ethnic areas have long played a decisive role in the stability and security of the country as a whole: if the frontiers are stable, the country enjoys enhanced security. Consequently, investigating the governance mechanism for illegal immigrants in the ethnic areas of the southwest border is of considerable practical relevance. This book offers a valuable asset for researchers in related fields and can be used as a reference book for students of national security. It also benefits practitioners in relevant management departments.

Since the Arab Spring, Arab states have become the new front line in the struggle for democratization and for open societies. As the experience of other regions has shown, one of the most significant challenges facing democratization relates to minority rights. This book explores how minority claims are framed and debated in the region, and in particular, how political actors draw upon, re-interpret, or resist both the new global discourses of minority rights and more local traditions and practices of co-existence. The contributors examine a range of pre-colonial, colonial, and post-colonial factors that shape contemporary minority politics in the Arab world, and that encumber the reception of international norms of multiculturalism. These factors include the contested legacies of Islamic doctrines of the `dhimmi' and the Ottoman millet system, colonial-era divide and rule strategies, and post-colonial Arab nation-building. While these legacies complicate struggles for minority rights, they do not entail an `Arab exceptionalism' to global trends to multiculturalism. This volume explores a number of openings for new more pluralistic conceptions of nationhood and citizenship, and suggests that minority politics at its best can serve as a vehicle for a more general transformative politics, supporting a broader culture of democracy and human rights, and challenging older authoritarian, clientalistic, or patriarchal political tendencies. The chapters include both broad theoretical and historical perspectives as well as more focused case studies (including Western Sahara/Morocco, Algeria, Israel/Palestine; Sudan; United Arab Emirates, and Iraq).

Following the 30th anniversary of the United Nations Convention on the Rights of the Child in 2020, and the creation of the UN Sustainable Development Goals, there is increased interest in and a need to develop national human rights' bodies for children's rights. This book provides an in-depth look at one domestic independent children's rights institution: the Irish Ombudsman for Children's Office, to highlight the learnings for an international audience and the methodologies that can be used to promote and protect children's rights at a national level. Co-authored by Ireland's first Ombudsman for Children and a children's rights professor, the book will present an original and informed analysis of how a national human rights institution can advocate, most effectively, for the rights of children. By using illustrative case studies, the book will highlight how the powers of a national human rights institution can be put to strategic use to address specific children's rights deficits in areas of child protection, youth detention and public awareness about children's rights. Each chapter focusses on a case study, identifies a problem, the approach or intervention by the Ombudsman for Children, the outcome and reflects on lessons learned. It ensures that the cases can be extracted, examined and replicated in other jurisdictions by an international community interested in the promotion, monitoring and protection of children's rights. It speaks to those interested in Human Rights; Children's Rights; Socio-legal studies, Social Work; Childhood Studies; Administrative Law, Constitutional Law and International Law, and to practitioners and policy-makers in this field.

Traditionally, consumer law has played an instrumental role in the EU as a tool for market integration. There are now signs in the new EU legal framework and jurisprudence that suggest this may be changing. These changes can be seen in recent court cases and, above all, the Lisbon Treaty and the EU Charter of Fundamental Rights. The Treaty contains provisions affecting consumer law and, at the same time, it grants binding legal force to the EU Charter, which adds a fundamental rights dimension to consumer protection. This evolution, however, is still at an early stage and may be thwarted by conflicting trends. Moreover, it may generate tensions between social objectives and economic goals.
This book provides the first comprehensive analysis of these developments and examines new avenues that may be opening for consumer law, focussing on three key areas: financial services, electronic communication, and access to justice. Through a systematic analysis of relevant cases the book traces the development of a human rights dimension in consumer law and details the potential ramifications that the post-Lisbon legal framework may have on consumer protection and on related policy issues. This book concludes by providing ideas for a new legal approach to consumer law which strikes a compromise between social and economic demands.

Since the 1991-2002 civil conflict ended in Sierra Leone, the country has failed to translate the accomplishments of women’s involvement in bringing the war to an end into meaningful political empowerment. This is in marked contrast to other post-conflict countries, which have increased the political participation of women in elected and appointed office, increased the representation of women in leadership positions, and enacted constitutional reforms promoting women’s rights. Written by Sierra Leonean and Africanist scholars and experts from a broad range of disciplines, this unique volume analyses the historical and contextual factors influencing women’s political, economic and social development in the country. In drawing on a diverse array of case studies – from health to education, refugees to international donors – the contradictions, successes and challenges of women’s lives in a post-conflict environment are revealed, making this an essential book for anyone involved in women and development.

This is a selection of Lord Irvine's major lectures and articles since 1995. It surveys the constitutional revolution that has taken place in Britain since the Labour Government came to power in 1997, taking in devolution and House of Lords reform, but with a particular focus on human rights. The evolution of a new human rights culture is traced, from the policy underlying the Human Rights Act 1998, through the scheme of the legislation and the preparations for implementation, to an analysis of the impact of the Act during its first two years. The work is of particular interest because Lord Irvine chaired the four main Cabinet Committees on constitutional change and introduced the Human Rights Bill to Parliament. Lord Irvine also considers the development and practice of public and administrative law, and the constitutional role of the British judiciary and the Lord Chancellor within our unique separation of powers. Alongside forays into criminal, commercial, and medical law, the collection also embraces an international perspective, with essays on the influence in Britain of european law; comparative analyses of key aspects of English, American and French jurisprudence; and a discussion of the continuing relevance of Magna Carta in Britain and Australia. This collection is a timely contribution to the debate on human rights, constitutional law and the English legal system at the turn of the new millennium, and will be of interest to judges, academics, practitioners and students.

Since the 1990s, human rights advocates, business leaders, and consumers have become increasingly attuned to mitigating sweatshop labor and other abuses in the supply chains that manufacture the clothing, electronics, and countless other products that we buy and use each day. But we know surprisingly little about how companies interact with people in the communities beyond the factory's walls. In many cases, community members are left out of the process of identifying both risks and solutions to problems in global supply chains, including how global companies could add social value in the localities where they operate. Business, governments, and civil society are supposed to be jointly responsible for shaping the remedies available to people harmed in the course of business activity, wherever it takes place. However, the answer to the question of how to do this remains underdeveloped and poorly executed. This book explores the conditions under which local communities and companies can work with one another and the types of remedies available in one of the most widespread and challenging sectors: light manufacturing. Tethered Fates draws on quantitative data (including the 7,000-company database of the Business and Human Rights Resource Centre) and original qualitative data to analyze regional and industry-specific trends in stakeholder dialogue globally and at the local level. The book features original interviews with community members in two factory towns in the Dominican Republic, whose perspectives shed light on the prospects for dialogue with companies and the challenges of everyday life in towns where light manufacturing takes place. Tethered Fates does more than simply explain why stakeholder dialogue often falls short as a vehicle for safeguarding economic rights and promoting community development. It also offers an assessment of the varieties of emerging policy alternatives for moving beyond the current state of practice.

An international selection of writers tackle some of the toughest questions about improving the lives of women and explain why societies need fresh approaches in analysing what works and what doesn't for the most vexing issues.

This book introduces "biolaw" as an integrated and distinct field in contemporary legal studies. Corresponding to the legal dimension of bioethics, the term "biolaw" is already in use in academic and research activities to denote legal issues emerging mostly from advanced technological applications. This book is a genuine attempt to rationalize the field of biolaw after almost four decades of continuous production of relevant legislation and judgments worldwide. This experience is a robust basis for defending a) a separate legal object, covering the total of legal norms that govern the management of life as a natural phenomenon in all its possible forms, and b) an "evolutionary" approach that opens the discussion on a future conciliation of legal regulation with the Theory of Evolution on the ground of biolaw.

T his book critically explores how and to what extent artificial intelligence (AI) can infringe human rights and/or lead to socially harmful consequences and how to avoid these. The European Union has outlined how it will use big data, machine learning, and AI to tackle a number of inherently social problems, including poverty, climate change, social inequality and criminality. The contributors of this book argue that the developments in AI must take place in an appropriate legal and ethical framework and they make recommendations to ensure that harm and human rights violations are avoided. The book is split into two parts: the first addresses human rights violations and harms that may occur in relation to AI in different domains (e.g. border control, surveillance, facial recognition) and the second part offers recommendations to address these issues. It draws on interdisciplinary research and speaks to policy-makers and criminologists, sociologists, scholars in STS studies, security studies scholars and legal scholars.

Is it impossible to assess dignity, which is the faculty or agency of autonomy and equality of rights under the current rule of law, when we are met by global challenges like climate change, financial crisis, food crisis, natural disasters, inequality, violent conflicts and trade disputes? Drawing on European philosophical enlightenment to rethink dominant theories of contemporary Western Human Rights, Stephan P. Leher explores the philosophical foundation of the concept of "dignity" and Human Rights. Using specific examples from Africa and Latin America to explain these concepts as social realizations in the world, Leher demonstrates the link between justice and peace and contends that dignity, freedom and Human Rights law rule are social realizations and claims by all people. With the help of language philosophy, he argues that sentences and propositions about social choices and realizations of real life expressed in ordinary language constitute the basic elements of the foundation and protection of human dignity and Human Rights. The social choice to claim one's freedom and rights can be considered the dignity agency of the individual. Dignity and Human Rights sheds new light on the academic assessment of dignity, the agency of autonomy and the equality of rights under the rule of law, in a time of changes and challenges to Human Rights policies and politics.

A popular myth emerged in the late 1990s: in 1900, wars killed one civilian for every eight soldiers, while contemporary wars were killing eight civilians for every one soldier. The neat reversal of numbers was memorable, and academic publications and UN documents regularly cited it. The more it was cited, the more trusted it became. In fact, however, subsequent research found no empirical evidence for the idea that the ratio of civilians to soldiers killed in war has changed dramatically. But while the ratios may not have changed, the political significance of civilian casualties has risen tremendously. Over the past century, civilians in war have gone from having no particular rights to having legal protections and rights that begin to rival those accorded to states. The concern for civilians in conflict has become so strong that governments occasionally undertake humanitarian interventions, at great risk and substantial cost, to protect strangers in distant lands. I n the early 1990s, the UN Security Council authorized military interventions to help feed and protect civilians in the Kurdish area of Iraq, Somalia, and Bosnia. And in May 2011 , Barack Obama 's National Security Advisor explained the United States' decision to support NATO's military intervention in these terms "When the president made this decision, there was an immediate threat to 700,000 Libyan civilians in the town of Benghazi. We've had a success here in terms of being able to protect those civilians." Counting Civilian Casualties aims to promote open scientific dialogue by high lighting the strengths and weaknesses of the most commonly used casualty recording and estimation techniques in an understandable format. Its thirteen chapters, each authoritative but accessible to nonspecialists, explore a variety of approaches, from direct recording to statistical estimation and sampling, to collecting data on civilian deaths caused by conflict. The contributors also discuss their respective advantages and disadvantages, and analyze how figures are used (and misused) by governments, rebels, human rights advocates, war crimes tribunals, and others. In addition to providing analysts with a broad range of tools to produce accurate data, this will be an in valuable resource for policymakers, military officials, jou rnalists, human rights activists, courts, and ordinary people who want to be more informed-and skeptical-consumers of casualty counts.

In an age where racial and ethnic identity intersect, intertwine, and interact in increasingly complex ways, Black Ethnics: Race, Immigration, and the Pursuit of the American Dream offers a superb and rigorous analysis of black politics and coalitions in the post-Civil Rights era. Using an original survey of a New York City labor population and multiple national data sources, author Christina M. Greer explores the political significance of ethnicity for new immigrant and native-born blacks. Black Ethnics concludes that racial and ethnic identities affect the ways in which black ethnic groups conceptualize their possibilities for advancement and placement within the American polity. The ethnic and racial dual identity for blacks leads to significant distinctions in political behavior, feelings of incorporation, and policy choices in ways not previously theorized. The steady immigration of black populations from Africa and the Caribbean over the past few decades has fundamentally changed the racial, ethnic, and political landscape in the U.S. An important question for social scientists is how these 'new' blacks will behave politically in the US. Should we expect new black immigrants to orient themselves to politics in the same manner as native Blacks? Will the different histories of the new immigrants and native-born blacks lead to different political orientations and behavior, and perhaps to political tensions and conflict among black ethnic groups residing in America? And to what extent will this new population fracture the black coalition inside of the Democratic party? With increases in immigration of black ethnic populations in the U.S., the political, social, and economic integration processes of black immigrants does not completely echo that of native-born American blacks. The emergent complexity of black intra-racial identity and negotiations within the American polity raise new questions about black political incorporation, assimilation, acceptance, and fulfillment of the American Dream. By comparing Afro-Caribbean and African groups to native-born blacks, this book develops a more nuanced and accurate understanding of the 'new black America' in the twenty-first century. Lastly, Black Ethnics explores how foreign-born blacks create new ways of defining and understanding black politics and coalitions in the post-Civil Rights era.

Re-thinking Rights: Historical Development and Philosophical Justification takes a new look at the history of individual rights, focussing on the way that philosophers have written that history. The scholastics and early modern writers used the notion of natural rights to debate the big moral and political questions of the day, such as the treatment of Indigenous Americans under Spanish rule. John Locke put natural rights at the centre of liberal political thought. But as the idea grew in strength and influence, empiricist and positivist philosophers punctured it with attacks on logical incompetence and illegitimate appeals to theology and metaphysics. Philosophers then turned to law and jurisprudence for the philosophical analysis of rights, where it has largely stayed ever since. Eleanor Curran argues that the dominance of the Hohfeldian analysis of (legal) rights has restricted our understanding of moral and political rights and led to distorted readings of historical writers on rights. It has also led to the separation of right from the important related notion of liberty-freedoms are now seen as inferior to claims. Curran looks at recent philosophy of human rights and suggests a way forward for justifying universal moral and political rights and separating them from legal rights.

This book explores a new way of doing diplomacy through the engagement with non-governmental organizations, here referred to as hybrid diplomacy. Today's global politics is played out most successfully by the combined actions of different actors. A specific type of partnership is that between governments (namely Ministries of Foreign Affairs) and civil society organizations. While not the only type of global partnership at work, this is particularly effective in advancing new issues and promoting the norm changes that have been discussed at length in international relations and sociological literature. The author has chosen Italy as a case study because of the country's prolonged deployment of such policy. Being a middle power, with a strong non-profit sector, and hosting the central node of catholic global network, Italy is well positioned to take advantage of this new diplomatic mode. Through presenting a new reading of the Italian contribution to international affairs, this book contributes to broadening the scholarship in foreign policy analysis and transnational activism.

The aim of this book is to delve into the impact of the Information and Communications Technologies in the criminal prevention and investigation, by addressing the state of the art of different measures and its implementation in different legal systems vis a vis the protection of human rights. Yet this research not only pursues a diagnostic goal but furthermore aims at providing a reconstruction of this problematic area in light of modern, human rights-oriented notion of criminal justice. This broadens the scope of this investigation, which encompasses both unprecedented safeguards to traditional, or anyway widely recognized individual rights and the emergence of new rights, such as the right to informational self-determination, and the right to information technology privacy. The book addresses the problems and potentials in the areas of criminal prevention and criminal investigation, taking into account that due to electronic surveillance and the progress in the use of big data for identifying risks, the borders between preventive and investigative e-measures is not clear-cut.

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction - social dumping being the prime example - special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.

This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law. Ewa Salkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d'affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.