The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a single-minded conception of development as economic growth, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. However, today, under conditions of immense poverty, insecurity, and political instability, the rights to education, health care, housing, social security, food, water, and sanitation are central components of the human rights agenda. The Future of Economic and Social Rights captures the significant transformations occurring in the theory and practice of economic and social rights, in constitutional and human rights law. Professor Katharine G. Young brings together a group of distinguished scholars from diverse disciplines to examine and advance the broad research field of economic and social rights that incorporates legal, political science, economic, philosophy and anthropology scholars.

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants-particularly people of color-have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government-sponsored degradation, misery, and death. Crimmigrant Nations examines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented look at this issue on an international level. Beginning with the fears and concerns of immigration that predate the election of Trump, the Brexit vote, and the signing and implementation of the Schengen Agreement, Crimmigrant Nations critically analyzes nationalist state policies in countries that have criminalized migrants and categorized them as threats to national security. Highlighting a pressing and perplexing problem facing the Western world in 2020 and beyond, this collection of essays illustrates not only how anti-immigrant sentiments and nationalist discourse are on the rise in various Western liberal democracies, but also how these sentiments are being translated into punitive and cruel policies and practices that contribute to a merger of crime control and migration control with devastating effects for those falling under its reach. Mapping out how these measures are taken, the rationale behind these policies, and who is subjected to exclusion as a result of these measures, Crimmigrant Nations looks beyond the level of the local or the national to the relational dynamics between different actors on different levels and among different institutions.

Die vorliegende Publikation ist der Analyse des geltenden Mediationsrechts gewidmet. Der Fokus ruht hierbei auf dem Mediationsgesetz und den entsprechenden zivilverfahrensrechtlichen Regelungen, insbesondere zum Guterichterverfahren. Dabei werden Unklarheiten beseitigt, die sich aus dem Gesetzestext selbst oder durch Interaktionen mit anderen Gesetzen ergeben. Der Autor setzt sich zudem mit der Verfassungsmassigkeit der sogenannten gerichtsinternen Mediation, wie sie in Modellversuchen von Gerichten in der Vergangenheit praktiziert wurde, auseinander.

This book strikes a balance between international sporting governing bodies' interests and values enshrined in rules regarding sporting nationality on one hand, and athletes' rights under EU law on the other. It argues that some rules governing athletes' eligibility in national teams in their current form, notably certain waiting periods, quotas for naturalised athletes or athletes having previously played for another country, and rules prohibiting the change of sporting nationality, constitute a disproportionate restriction on athletes' rights under EU citizenship, free movement of persons, competition law or fundamental rights. Accordingly, the book subsequently presents concrete recommendations for international sporting governing bodies on how to reconcile their interests and values with the rights that athletes enjoy under EU law. As such, it offers an essential guide for these bodies and their representatives, as well as for athletes, academics and practitioners in the fields of law and sports.

This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is required in EU law and sketches its main parameters. In the fundamental rights context, horizontal effect has organisational implications for society, which go beyond specific intersubjective disputes. It is argued that its determination requires an explicit recognition of the public character of certain private platforms of will formation (e.g. the workplace) and a discussion of the role of fundamental rights therein. At the same time, a constitutionally adequate model of horizontality involves an acknowledgment of the supranational character of EU adjudication: the determination of horizontal applicability of a fundamental right within a type of private authority relationship falls upon the Court of Justice, but the precise manifestation of horizontal effect (e.g. direct, indirect or state-mediated effect) rests with national courts.

In a brilliant comparative study of law and imperialism, Lisa Ford argues that modern settler sovereignty emerged when settlers in North America and Australia defined indigenous theft and violence as crime.

This occurred, not at the moment of settlement or federation, but in the second quarter of the nineteenth century when notions of statehood, sovereignty, empire, and civilization were in rapid, global flux. Ford traces the emergence of modern settler sovereignty in everyday contests between settlers and indigenous people in early national Georgia and the colony of New South Wales. In both places before 1820, most settlers and indigenous people understood their conflicts as war, resolved disputes with diplomacy, and relied on shared notions like reciprocity and retaliation to address frontier theft and violence. This legal pluralism, however, was under stress as new, global statecraft linked sovereignty to the exercise of perfect territorial jurisdiction. In Georgia, New South Wales, and elsewhere, settler sovereignty emerged when, at the same time in history, settlers rejected legal pluralism and moved to control or remove indigenous peoples.

Why has there been a human rights backlash in Russia despite the country having been part of the European human rights protection system since the late 1990s? To what extent does Russia implement judgments of the Strasbourg Court, and to what extent does it resist the implementation? This fascinating study investigates Russia's turbulent relationship with the European Court of Human Rights and examines whether the Strasbourg court has indeed had the effect of increasing the protection of human rights in Russia. Researchers and scholars of law and political science with a particular interest in human rights and Russia will benefit from this in-depth exploration of the background of this subject.

The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.

An 'implementation crisis' has been identified in the enforcement of rulings of UN and regional human rights bodies, and fundamental but crucial questions remain unanswered: what exactly does it mean to implement and comply with international and regional human rights decisions, and what factors influence whether a state implements and complies or not? Much more is now known about the work of the African Commission on Human and Peoples' Rights, but a gap still exists in the literature on the implementation of the findings of the Commission. This book draws upon the data and evaluation from a four-year research project, analysing the range of pronouncements of the African Commission, including its decisions on individual communications, provisional measures, resolutions, and promotional and protective mission reports. It investigates the extent to which states implement these findings and examines how that implementation is monitored by others.

More than twenty years after the fall of communism, many countries in Central and Eastern Europe are still seeking truth and justice for the repression suffered under communist rule. This search has been particularly notable in the Baltic states, given the three countries' histories as both former Soviet republics and later member-states of the European Union. On the one hand, the legacy of Stalinist oppression was more severe in these countries than elsewhere in Central Europe, but on the other hand much of this past could more easily be externalized onto the former Soviet Union (and by extension Russia) following re-independence. Transitional and Retrospective Justice in the Baltic States develops a novel conceptual framework in order to understand the politics involved with transitional and retrospective justice, and then applies this outline to the Baltic states to analyze more systematic patterns of truth- and justice-seeking in the post-communist world.

Generations of festering culture wars, compounded by actual wars in predominantly Muslim countries, the terrorism of Isis, and the ongoing migrant crisis have all combined to make religious discrimination the most pressing challenge now facing many governments. For the leading common law nations, with their shared Christian cultural heritage balanced by a growing secularism, the threat presented by this toxic mix has the potential to destabilise civil society. This book suggests that the instances of religious discrimination, as currently legally defined, are constrained by that cultural context, exacerbated by a policy of multiculturalism, and in practice, conflated with racial, ethnic or other forms of discrimination. Kerry O'Halloran argues that many culture war issues - such as those that surround the pro-choice/pro-life debate and the rights of the LGBT community - can be viewed as rooted in the same Christian morality that underpins the law relating to religious discrimination.

There are a multitude of UN legal instruments which pertain to the rights of freedom of expression and information, and this book is the first to comprehensively map them and their function. It details the chequered history of both of these rights within the UN system and evaluates the suitability of the system for overcoming contemporary challenges and threats to the rights. Leading scholars address key issues, such as how the rights to freedom of expression and information can come into conflict with other human rights and with public policy goals, such as counter-terrorism. The book's institutional focus comprises five international treaties, UNESCO and the UN Special Rapporteur on freedom of expression. Relevant for academics, lawyers, policy-makers and civil society actors, it also examines how new communication technologies have prompted fresh thinking about the substance and scope of the rights to freedom of expression and information.

The principle of proportionality, which has become the standard test for adjudicating human and constitutional rights disputes in jurisdictions worldwide has had few critics. Proportionality is generally taken for granted or enthusiastically promoted or accepted with minor qualifications. A Critique of Proportionality and Balancing presents a frontal challenge to this orthodoxy. It provides a comprehensive critique of the proportionality principle, and particularly of its most characteristic component, balancing. Divided into three parts, the book presents arguments against the proportionality test, critiques the view of rights entailed by it, and proposes an alternative understanding of fundamental rights and their limits.

Voting Rights of Refugees develops a novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that this community is a democracy and that its citizens have the right to vote. The book argues that recognised refugees are a special category of non-citizen residents: they are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and are unable or unwilling, owing to a well-founded fear of persecution, to return to it. Refugees deserve to have a place in the world, in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is the only community in which there is any prospect of political participation on their part.

Human rights can be defined as the basic fundamental rights inherent to all human beings in any society. How these rights are made available and protected in individual countries is an area of much study and debate. Focusing on the significance of human rights in American law and politics, this book seeks to understand when, where, and how American law recognizes and responds to claims made in the name of human rights. How are they used by social movements as they advance rights claims? When are human rights claims accommodated and resisted? Do particular kinds of human rights claims have greater resonance domestically than others? What cultural and psychological factors impede the development of a human rights culture in the United States? This is an exciting and engaging volume that will appeal to a broad range of scholars, practitioners, and students interested in the study of human rights.

For decades, immigration has been one of the most divisive, contentious topics in American politics. And for decades, urgent calls for its policy reform have gone mostly unanswered. As the discord surrounding the modern immigration debate has intensified, border enforcement has tightened. Crossing harsher, less porous borders makes unauthorized entry to the United States a permanent, costly undertaking. And the challenges don't end on the other side. At once enlightening and devastating, The Border Within examines the costs and ends of America's interior enforcement-the policies and agencies, including ICE, aimed at removing immigrants already living in the country. Economist Tara Watson and journalist Kalee Thompson pair rigorous analysis with deeply personal stories from immigrants and their families to assess immigration's effects on every aspect of American life, from the labor force to social welfare programs to tax revenue. What emerges is a critical, utterly complete examination of what non-native Americans bring to the country, including immigration's tendency to elevate the wages and skills of those who are native-born.

Bringing armed conflicts to an end is difficult; restoring a lasting peace can be considerably harder. Reclaiming Everyday Peace addresses the effectiveness and impact of local level interventions on communities affected by war. Using an innovative methodology to generate participatory numbers, Pamina Firchow finds that communities saturated with external interventions after war do not have substantive higher levels of peacefulness according to community-defined indicators of peace than those with lower levels of interventions. These findings suggest that current international peacebuilding efforts are not very effective at achieving peace by local standards because disproportionate attention is paid to reconstruction, governance and development assistance with little attention paid to community ties and healing. Firchow argues that a more bottom up approach to measuring the effectiveness of peacebuilding is required. By finding ways to effectively communicate local community needs and priorities to the international community, efforts to create an atmosphere for an enduring peace are possible.

If constitutional legitimacy is based on violence, what does this mean for democracy? Almost every state in the world has a written constitution and, for the great majority, the constitution is the law that controls the organs of the state. But is a constitution the best device to rule a country? Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Legal, political and constitutional practices demonstrate that constitutionalism and democracy seem to be irreconcilable. Antoni Abat i Ninet strives to resolve these apparently exclusive public and legal sovereignties, using their various avatars across the globe as case studies. He challenges the American constitutional experience that has dominated western constitutional thought as a quasi-religious doctrine. And he argues that human rights and democracy must strive to deactivate the 'invisible' but very real violence embedded in our seemingly sacrosanct constitutions. It challenges the legitimacy of constitutional systems. It reveals how constitutions are sometimes violently enforced. Provocative case studies show how Ninet's theory is played out in practice.

This book presents the first detailed history of the modern passport and why it became so important for controlling movement in the modern world. It explores the history of passport laws, the parliamentary debates about those laws, and the social responses to their implementation. The author argues that modern nation-states and the international state system have 'monopolized the 'legitimate means of movement',' rendering persons dependent on states' authority to move about - especially, though not exclusively, across international boundaries. This new edition reviews other scholarship, much of which was stimulated by the first edition, addressing the place of identification documents in contemporary life. It also updates the story of passport regulations from the publication of the first edition, which appeared just before the terrorist attacks of 9/11, to the present day.

It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.

Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.

In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth.

By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emphasis on determining the definitional scope of slavery, servitude or forced labour, and gaining a clearer understanding of states' positive human rights obligations. This book compares anti-trafficking and human rights frameworks side-by-side and focuses its analysis on the Council of Europe's Trafficking Convention and Article 4 of the European Convention on Human Rights. With innovative arguments and pertinent case studies, this book is an important contribution to the field and will appeal to students, scholars and legal practitioners interested in human rights law, migration law, criminal law and EU law.

Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.