This book examines the State's duty to protect human rights in Asia amidst rising concern over the human rights impact of business organisations in the region, a topic which has hitherto been understudied. It analyses a range of inter-connected issues: the advent of international standards, the UN Guiding Principles on Business and Human Rights, the challenges inherent in the formulation of National Action Plans on business and human rights, the need for improved legislation and policies, access to remedies, and conflicts with indigenous peoples over business activities. The book also covers innovative themes such as BHR in the era of smart cities, ethical consumer behavior, and a human rights management system, which are emerging areas of enquiry in this field concluding with a range of critical issues to be addressed, including the need for an assessment of COVID-19 pandemic's impact on BHR in Asia and beyond. This book is part of Asia Centre's exploration of the nascent regional human rights architecture that is facing significant obstacles in protecting human rights and showcases the progress achieved and the ongoing challenges across Asia.

The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-a-vis third-party nationals, the activation of the Court's jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law. Gerhard Werle is Professor at the Faculty of Law of the Humboldt-University in Berlin, Germany and Andreas Zimmermann is Professor at the Faculty of Law of the University of Potsdam in Germany. Jurgen Bering, who worked on this book as assistant editor, is an Associate at Dentons, Berlin and a PhD candidate at the Martin Luther University, Halle-Wittenberg, Germany.

The book examines the international treaty regimes and the Indian laws in depth. It also looks into the landmark cases, decided by both, the domestic courts in India and the international tribunals. The book would give an understanding between the concepts of extradition in relation to terrorism-related cases. It would provide an in-depth understanding of the inter-relatedness of the various branches of International law and the municipal laws as well.

This book considers that contextual factors are important for the achievement of social justice and it recognizes that vulnerability to which children are exposed is a phenomenon throughout the planet, particularly in the South. It presents a theoretical review of social justice as well as different situations of vulnerability children experience in their daily lives in which they can be injured, affecting their well-being and the exercise of their rights. It examines the impact of the COVID-19 pandemic on children, considered as a vulnerable group warranting special social policy considerations. It also presents the need to change power structures in knowledge production and decision-making processes to achieve social justice for children; the importance of investing in children; the exclusion of children from participation in certain activities and the shame of not being able to participate in equal conditions with others; the lives of migrant children belonging to ethnic minorities exposed to language barriers and access to technological devices; and the analysis of the process of social re-integration of children from conditions of armed conflict. The book concludes that governments need to assume social justice as part of universal human interests, providing security, conditions for well-being, and guaranteeing social justice for all children.

'In their beautifully written book, O'Brien and Doyle tell a story of small places - where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O'Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.'-Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'-Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.'-Carolyn Hirst, Independent Researcher and Mediator, Hirstworks This book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice - ombuds, tribunals and mediation - rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture.

When is a political trial "good" or "bad" in terms of responsible governance and fairness to individuals or groups? Professors Abel and Marsh define, evaluate, and justify the usefulness of various kinds of political trials, going back through history to answer these questions in practical terms. They point to basic assumptions and various theoretical approaches and assess specific court practices and cases, while showing real dangers and opportunities that have been part of our history. They cover cases involving the establishment and free exercise clauses of the Constitution, including privacy, religious, medical, bioethical, and health-care issues that are of major concern today. This history is important to political scientists, legal scholars, lawyers, historians, and others concerned with civil rights.

In the first half of the twentieth century, Jewish immigrants and refugees sought to rebuild their lives in Chile. Despite their personal histories of marginalization in Europe, many of these people or their descendants did not take a stand against the 1973 military coup, nor the political persecution that followed. Chilean Jews' collective failure to repudiate systematic human rights violations and their tacit support for the military dictatorship reflected a complicated moral calculus that weighed expediency over ethical considerations and ignored individual acts of moral courage. Maxine Lowy draws upon hundreds of first-person testimonials and archival resources to explore Chilean Jewish identity in the wake of Pinochet's coup, exposing the complex and sometimes contradictory development of collective traumatic memory and political sensibilities in an oppressive new context. Latent Memory points to processes of community gestures of moral reparation and signals the pathways to justice and healing associated with Shoah and the Jewish experience. Lowy asks how individuals and institutions may overcome fear, indifference, and convenience to take a stand even under intense political duress, posing questions applicable to any nation emerging from state repression.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research - one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.

This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany.

The Sword and the Cross is a study of the relationships that exist between politics and ethics. Its intention is to point out that moral convictions conceived and implemented without political wisdom can be bankrupt and that geopolitical strategy formulated and effected without ethical character can be disastrous. Toner contends that politics and ethics are different sides of the same coin. Therefore commanders (that is, leaders in politics and government, in diplomacy, and in the military) must develop both strategic sense and ethical intuition. A study of the relationship between the sacred and the profane, this book promotes an understanding of the ways in which power and purpose can--and must--be complementary.

This study concludes that violence and conflict are part of human existence and that full and final redemption from our struggles is the gift of grace--and not of human artifice. At the same time, we have the burden (and the glory) of doing all we can to achieve our own safety and happiness, which requires political and military prudence. The reconciliation of faith or conscience with power or command is the task of leaders who are informed by civic virtue. In turn, civic virtue is the product of wise education rooted in serious study of what ought to be as well as of what is; but ethically impoverished modern education too rarely asks questions about visions of the Good. Because these conclusions are rooted in a controversial religious and philosophical tradition, they will generally challenge the accepted views in the field.

This book explores the potential responsibilities to respect, protect and fulfill international human rights law (IHRL) of a particular class of non-state actors: non-governmental organizations (NGOs). It calls for NGOs pursuing development to respect and fulfill the human right of genocide survivors to reparative justice in Rwanda. It argues that NGOs have social and moral responsibilities to respect and fulfill IHRL, and for greater accountability for them to do so. The book focuses on those NGOs advancing development in a post genocide transitional justice context acting simultaneously in partnership with state governments, as proxies and agents for these governments, and providing essential public goods and social services as part of their development remit. It defines development as a process of expanding realization of social, economic, and cultural rights addressing food security, economic empowerment/poverty reduction, healthcare, housing, education, and other fundamental human needs while integrating these alongside the expansion of freedoms and protections afforded by civil and political rights. It uses post genocide Rwanda as a case study to illustrate how respect and fulfillment of the IHRL pertaining to reparative justice are hindered by failing to hold NGOs responsible for IHRL. Consequently, this results in discrimination against, marginalization, and the disadvantaging of survivors of the Rwandan genocide against the Tutsi and violations of their human rights.

This book draws attention to the nonlegal, sociocultural aspects of justice for minorities in China. The primary objectives are threefold. The first is to present a tentative analysis of the lived realities of being 'the other' in China, with the aim of presenting a critical picture of the complex national context and identifying main concerns and key challenges. Six topics are covered - gender roles, health, class, intimacy, ethnicity and religion, and expression. The second objective is to explore the interaction between a wide range of factors and myriad systems that enable or hinder protection and justice for these groups, be they historical, political, social, or cultural, hoping to open up a rich domain of inquiry for those interested in to what extent and in what ways otherness may or may not survive in China. The third objective is to bring attention to new trends and developments, some are easily identifiable whereas others are less detectable, some are interrelated while others are relatively isolated, some are straightforward and others remain easily misinterpreted.

This book examines cultural heritage law in both its public and private modalities, focusing on the search for new solutions in national legislations. Both tangible and intangible cultural heritage pose challenges for national legislation regarding the legal histories of the respective countries, obligations deriving from international law, and the independence of respective national searches for a tailored protection model. Although the concept of cultural heritage transcends civil law regulation and property rights, it must be considered when attempting to establish any coherent cultural heritage protection system. In national legislation, we can now observe an increased interest in leveraging civil law or private law to strengthen cultural heritage protection systems. This book looks beyond public and private law on cultural heritage in order to address its complex status as a legal hybrid. Further, the book shows how current problems in the international debate are mirrored in national legislation. Poland is used as a practical example, while also referring to other countries' solutions as well as EU and international law instruments. This approach enables the reader to examine the creation of national legislation at the operational level and provides a template for all national lawyers concerning current challenges and emerging trends. The book's target audience includes researchers and practitioners in the field of cultural heritage law, as well as public and private law experts. The topics covered can also be helpful for law students, art market actors, and all those interested in the challenges of cultural heritage protection.

This book presents commentaries by a leading international group of peace education scholars and practitioners concerning Reardon's peace education theory and intellectual legacy. The guiding question throughout the book is: How can her foundational work be used to advance the theory and practice of peace education? In an attempt to find answers, the contributing authors explore three general areas of inquiry: (1) Theoretical Foundations of Peace and Human Rights Education; (2) Feminism and the Gender Perspective as Pathways of Transformation Toward Peace and Justice; and (3) Peace Education Pedagogy and Practices. A contemplative commentary by Reardon herself rounds out the coverage

This book offers a unique look into prisons in Iran and the lives of the prisoners and their families. It provides an overview of the history of Iranian prisons, depicts the sub-culture in contemporary Iranian prisons, and highlights the forms that gender discrimination takes behind the prison walls. The book draws on the voices of 90 men and women who have been imprisoned in Iran, interviewed in 2012 and 2017 across various parts of the Islamic Republic of Iran. It presents a different approach to the one proposed by Michel Foucault in Discipline and Punish because the author argues that Iran never experienced "the age of sobriety in punishment" and "a slackening of the hold on the body". Whilst penal severity in Iran has reduced, its scope has now extended beyond prisoners to their families, regardless of their age and gender. In Iran, penalties still target the body but now also affect the bodies of the entire prisoner's family. It is not just prisoners who suffer from the lack of food, clothes, spaces for sleeping, health services, legal services, safety, and threats of physical violence and abuse but also their families. The book highlights the costs of mothers' incarceration for their children. It argues that as long as punishment remains the dominant discourse of the penal system, the minds and bodies of anyone related to incarcerated offenders will remain under tremendous strain. This unique book explores the nature of these systems in a deeply under-covered nation to expand understandings of prisons in the non-Western world.

This book presents an important discussion on land tenure rights for the effective implementation of sustainable soil management provisions. It investigates a variety of aspects, such as the clash of modern and traditional tenure concepts, forms of illegal or illegitimate land acquisition, and the preconditions for legal and legitimate investments. In addition, the book analyses the challenges to ensuring secure land tenure rights in Africa and in Germany. Lastly, it provides information on the role of women in this context. This fifth volume of the International Yearbook of Soil Law and Policy is divided into four parts, the first of which deals with various aspects of the theme "Land Tenure Rights and Sustainable Soil Management". The second part covers recent international developments, the third part presents regional and national reports, and the fourth discusses overarching issues. Given the range of key topics covered, the book offers an indispensable tool for all academics, legislators and policymakers working in this field. The "International Yearbook of Soil Law and Policy" series discusses central questions in law and politics with regard to the protection and sustainable management of soil and land - at the international, national, and regional level.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

Countries in the Pacific face unique challenges of survival and progress in establishing themselves and participating fully in international society. Their geographic isolation from the rest of global society is compounded by complex layers of often competing national and indigenous identities among their populations built through wave upon wave of migration. This has created rich diversity, competing regimes and real challenges in terms of state-building, ethnic identity, social policy cohesion and development in post-colonial settings. The issues studied here would be of interest to scholars from a range of different disciplines such as Law, Politics, Sociology and Anthropology. By examining the theory and practice of minority rights law in states such as Fiji and Papua New Guinea, alongside their more familiar neighbours Australia and New Zealand, this book makes a unique contribution in a region often ignored in the literature.

This book tells the story of three Black men--Z. K. Matthews, Nelson Mandela, and Stephen Biko--who committed their lives to win freedom for all South Africans. Using a sociopsychological retrospective, Juckes interweaves accounts of the lives of these three men with sociopolitical developments to reveal the complex interaction that occurs between social processes and individual actors, revealing how leaders come into being and how their actions influence social developments. Each man's political character captured the demands of the time and used the available resources of his age in the quest for freedom; the pressure--over time--from the activities of these three men and the movements they supported made liberation inevitable.

How the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as "high-risk" groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics as mobilizing against a colonial era anti-sodomy law, petitioning the courts for the recognition of gender identity, and stalling attempts to criminalize sexual labor, this book uniquely brings together the struggles of sex workers, transgender people, and gay groups previously studied separately. A closely observed look at the machinations behind recent victories for sexual minorities, this book is essential reading across several fields.

This book probes the depths of libertarian philosophy and highlights the need for laws that protect all individuals in society. This book defines libertarianism as a theory of what is just law, it is predicated upon the non-aggression principle (NAP). This legal foundation of the libertarian philosophy states that it should be illicit to threaten or engage in initiatory violence against innocent people. Ultimately, this book presents the notion, defend the "undefendable." This book defines that as; any person, institution, professional, worker, which is either reviled by virtually everyone, or prohibited by law, and does not violate the NAP. Weaved throughout, this book uses political philosophy to present three fundamental premises to explain this libertarian point of view. Firstly, this book defines the non-aggression principle (NAP). Secondly, demonstrates the importance and relevance of private property rights in this context. This book uses practical examples to demonstrate the theoretical application of freedom rights using libertarianism principles.

Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person's need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.

Ethical constraints on relations among individuals within and between societies have always reflected or invoked a higher authority than the caprices of human will. For over two thousand years Natural Law and Natural Rights were the constellations of ideas and presuppositions that fulfilled this role in the west, and exhibited far greater similarities than most commentators want to admit. Such ideas were the lens through which Europeans evaluated the rest of the world. In his major new book David Boucher rejects the view that Natural Rights constituted a secularization of Natural Law ideas by showing that most of the significant thinkers in the field, in their various ways, believed that reason leads you to the discovery of your obligations, while God provides the ground for discharging them. Furthermore, The Limits of Ethics in International Relations maintains that Natural Rights and Human Rights are far less closely related than is often asserted because Natural Rights never cast adrift the religious foundationalism, whereas Human Rights, for the most part, have jettisoned the Christian metaphysics upon which both Natural Law and Natural Rights depended. Human Rights theories, on the whole, present us with foundationless universal constraints on the actions of individuals, both domestically and internationally. Finally, one of the principal contentions of the book is that these purportedly universal rights and duties almost invariably turn out to be conditional, and upon close scrutiny end up being 'special' rights and privileges as the examples of multicultural encounters, slavery and racism, and women's rights demonstrate.