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.

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.

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 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.

This is open access volume of the NL ARMS offers an interdisciplinary view on the domain of Compliance and Integrity in International Military Trade (CIIMT), integrating defence economics, international law, arms export control frameworks and policies, information management, organizational sciences and ethics. Although, in academia, and from an interdisciplinary perspective, CIIMT constitutes a relatively novel research domain, across private and public defence-related sectors, the subject evokes high levels of attention and interest, instigating a need for critical thinking, reflection and creativity to address ensuing multi-faceted issues and problems. The Faculty of Military Sciences at the Netherlands Defence Academy extends an in-house MSc programme on CIIMT, which, by integrating practice-based and scientific-based knowledge, aims to contribute to this need. The MSc programme on CIIMT is concerned with exploring, analysing, understanding, explaining, controlling and improving the military dimension in international military trade. More particularly, CIIMT studies managerial questions regarding strategic trade control of military and dual-use goods and services. CIIMT ties in with the Netherlands Defence Academy's vision on scientific education, embedded in the reflective practitioners' paradigm uniting both management and leadership skills needed to decide and operate in high-tension and high-risk knowledge intensive environments. The Faculty of Military Sciences uses the reflective practitioners' paradigm to refer to critical thinking, reflection and Bildung that characterize its thinking doers, the so-called Thinking Soldiers, either at the academic Bachelor's or Master's level. In view of the complexity of the international trade regarding military and dual-use goods and services, the rapid evolvement of strategic trade control and frameworks, and its importance to procurement processes, defence organizations require innovative thinking doers, who, based on an in-depth understanding, from an interdisciplinary perspective can be expected to find - and take responsibility for - creative solutions to problems. NL ARMS 2021 comprises, amongst others, contributions from students and lecturers partaking in this programme. All the editors are affiliated with the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, The Netherlands.

How do international norms evolve? This book examines the manner in which sovereignty, a bedrock norm of international relations since the seventeenth century, has evolved in response to changing conceptions of the responsibilities of government. Whereas most previous studies of international norms have examined how norms influence policy decisions, this book asks, instead, how state policies actively shape international norms. Changing Norms through Actions contends that the concept of sovereignty is moving towards one in which states that are unable or unwilling to fulfill their domestic and international obligations are forced to relinquish certain sovereign responsibilities to the international community. As issues such as genocide, weapons of mass destruction, and terrorism have forced states to reassess their understandings of sovereignty, Ramos is interested in how understandings of norms - particularly long-held norms such as absolute sovereignty - change. If action taken by states reinforces an existing norm or alters current understandings of the norm, states must consider how their actions may change the "rules of the game" for the future. Even when a major power acts primarily out of its own self-interest, without any concern to international norms, the action may have the unintended consequence of modifying the normative environment within which other minor powers act. Shifting understandings of sovereignty (and how states relate to one another) can also have profound implications for the workings of the international system. Ramos looks specifically at what happens to sovereignty when states choose to bypass traditional norms of non-intervention on behalf of other competing norms, such as those regarding counterterrorism, human rights, or weapons of mass destruction.

This interdisciplinary volume critically explores how the ever-increasing use of automated systems is changing policing, criminal justice systems, and military operations at the national and international level. The book examines the ways in which automated systems are beneficial to society, while addressing the risks they represent for human rights. This book starts with a historical overview of how different types of knowledge have transformed crime control and the security domain, comparing those epistemological shifts with the current shift caused by knowledge produced with high-tech information technology tools such as big data analytics, machine learning, and artificial intelligence. The first part explores the use of automated systems, such as predictive policing and platform policing, in law enforcement. The second part analyzes the use of automated systems, such as algorithms used in sentencing and parole decisions, in courts of law. The third part examines the use and misuse of automated systems for surveillance and social control. The fourth part discusses the use of lethal (semi)autonomous weapons systems in armed conflicts. An essential read for researchers, politicians, and advocates interested in the use and potential misuse of automated systems in crime control, this diverse volume draws expertise from such fields as criminology, law, sociology, philosophy, and anthropology.

This book] provides the kind of scholarly resource that educated citizens need to think for themselves, a rich digest of primary sources documenting--in their own words--the views, motives, and intentions of the Framers, historic commentators, legislators, and judiciary who have debated the right to keep and bear arms from the origins of our republic. "Preston K. Covey, Carnegie Mellon University "

Beginning with its origins in the English Civil War, Clayton Cramer traces the development in the United States of the right to keep and bear arms--through the Constitutional Convention, the ratification debates that followed, its inclusion by Congress in the Bill of Rights, to the present controversy over gun control. This book provides important background, analysis, documentation, and perspective for the ongoing national debate over arms.

China's rise to prosperity on the international stage has been accompanied by increased tensions with international standards of law and governance. Exporting Virtue? examines China's internationalizing of PRC human rights policy and practice as an example of its international assertiveness, and considers the implications. China's international human rights activism is couched in terms of virtue but manifested as authoritarianism, inviting scholars and policy makers around the world to engage critically with the issue. Exporting Virtue? investigates the challenges that China's human rights orthodoxy poses to international norms and institutions, offering normative and institutional analysis and providing suggestions for policy response.

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.

This important book focuses on North Korean refugee human rights issues-a topic largely ignored in favor of addressing North Korea's domestic politics and deterrence of Pyongyang's nuclear threat. The first book of its kind, Securitization of Human Rights: North Korean Refugees in East Asia examines the complex problem of "what to do with North Korea"-specifically, regarding human rights issues and treatment of North Korean refugees. The book spotlights four key countries-China, Japan, South Korea, and the United States-with regard to their policy stance towards North Korean human rights issues, analyzing the dynamic tension between realpolitik and moral principle by looking at the regional governments' responses. Rather than focusing only on politics and foreign policy, this book is about the people involved, describing the plight of North Korean refugees, the perspective of South Korean citizens, and the quandary facing power elites in the regional governments.

In Forced Justice, David Armor explores the entire range of controversial issues in school desegregation policy, including evolving Supreme Court doctrines, the educational and social impacts of desegregation, and the effectiveness of mandatory versus voluntary desegregation methods, including magnet schools. He challenges the "harm and benefit" thesis of Brown v. Board of Education, finding few significant educational and psychological benefits from desegregation, and he counters conventional wisdom by arguing that voluntary plans using magnet schools are just as effective in attaining long-term desegregation as mandatory busing. Armor concludes by proposing a new policy of "equity choice" which draws on the best features of both the desegregation and choice movements.

In Understanding Social Action, Promoting Human Rights, editors Ryan Goodman, Derek Jinks, and Andrew K. Woods bring together a stellar group of contributors from across the social sciences to apply a broad yet conceptually unified array of advanced social science research concepts to the study of human rights and human rights law. The book focus on three key methodological and substantive areas: actors, or social and political perspectives, including behavioral economics; communication, covering linguistics, media studies, and social entrepreneurship; and groups, via organizational theory, political economy, social movements, and complexity theory. Their goal is to provide a more comprehensive and more practical theory of social action, which necessarily requires a better understanding of individuals, organizations of individuals, and the ways in which both relate to other individuals and organizations.

This book addresses environmental and climate change induced migration from the vantage point of migration studies, offering a broad spectrum of approaches for considering the environment/climate/migration nexus. Research on the subject is still frequently narrowed down to climate change vulnerability and the environmental push factor. The book establishes the interconnections between societal and environmental vulnerability, and migration and capability, allowing appreciation of migration in the frame of climate as a case of spatial and social mobility, that is, as a strategy of persons and groups to deal with a grossly unequal distribution of life chances across the world. In their introduction, the editors fan out the current debate and state the need to transcend predominantly policy-oriented approaches to migration. The first section of the volume focuses on "Methodologies and Methods" and presents very distinct approaches to think climate induced migration. Subsequent chapters explore the sensitivity of existing migration flows to climate change in Ghana and Bangladesh, the complex relationship between migration, demographic change and coping capacities in Canada, methodological challenges of a household survey on the significance of migration and remittances for adaptation in the Hindu Kush region and an econometric study of the aftermath of the 1998 floods in Bangladesh. The second part, "Areas of Concern: Politics and Human Rights", deepens the analysis of discourses as well as of the implications of proposed and implemented policies. Contributors discuss such topics as environmental migration as a multi-causal problem, climate migration as a consequence in an alarmist discourse and climate migration as a solution. A study of an integrated relocation program in Papua New Guinea is followed by chapters on the promise and the flaws of planned relocation policy, global policy on protection of environmental migrants including both internally displaced peoples and those who cross international borders. A concluding chapter places human agency at centre stage and explores the interplay between human rights, capability and migration.

Devised to accompany and complement International Organization and Global Governance this title will engage advanced undergraduate and graduate students taking more specialized courses in international relations generally, and those pursuing coursework in international organization, law, and political economy. Offers a comprehensive overview of all the current 'hot topics' - Food, Climate, Covid-19, Cities, Cybersecurity, Human Rights. Pushes beyond the traditional fare of global governance studies and invites readers to adopt both a backward- and forward-looking view of global governance, to think through the future trajectory of world order. Chapters are situated in deep and rich historical contexts. The historicism prevalent throughout is a key strength because it forces readers to consider whether the present era is a historical breaking point between world orders. The editors remind readers of the value of taking the long view, and challenge contributors (and by extension, students) to come up with new theories or ideas for continuity and change in global governance.

The freedom of thought, conscience, and religion, from which stem the tenets of pluralism, tolerance, and open-mindedness, are some of the most basic freedoms of a democratic society. This book illustrates the current state of the freedom of religion or belief in Turkey and the challenges and complex problems facing it, concentrating on the most topical issues: being compelled to reveal one's religion and beliefs on the national identity card; the right of conscientious objection and conscientious objectors; compulsory religious education; recognition of faith groups and the opening of places of worship; and using and wearing religious symbols and dress in the public sphere.

This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

This book explores and discusses emerging perspectives of Ubuntu from the vantage point of "ordinary" people and connects it to human rights and decolonizing discourses. It engages a decolonizing perspective in writing about Ubuntu as an indigenous concept. The fore grounding argument is that one's positionality speaks to particular interests that may continue to sustain oppressions instead of confronting and dismantling them. Therefore, a decolonial approach to writing indigenous experiences begins with transparency about the researcher's own positionality. The emerging perspectives of this volume are contextual, highlighting the need for a critical reading for emerging, transformative and alternative visions in human relations and social structures.