Why do the decisions of the European Court of Human Rights in Strasbourg have such an impact on UK law? Why did the UK need a Human Rights Act - and why do some people say it should be repealed? Human Rights Law Directions tackles these and many more questions, introducing students to this exciting area of law. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly - Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to evaluate the law critically: they'll be introduced to the key areas of debate and given the confidence to question the law - Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence - Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include: * Multiple choice questions * Flashcard glossary * Guidance on answering the end of chapter exam questions * Guidance on answering the end of chapter self-test questions * Annotated web links * Annual updates to the book

In 1993, JosE MedellIn, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his rights to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and MedellIn, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide "review and reconsideration" of the convictions and sentences of the fifty-two Mexican nationals.Armed with this new decision, MedellIn sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6-3 decision ruled in favor of Texas and against MedellIn in June 2008. MedellIn was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of MedellIn v. Texas, showing how the Court's 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings-trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ's judgment and to withdraw from the Optional Protocol to the Vienna Convention which granted the ICJ jurisdiction.

Nach der folgenschweren weltweiten Finanzkrise der Jahre 2007 bis 2009 ruckten internationale Ratingagenturen erstmals verstarkt in den Fokus der deutschen Rechtswissenschaft. Die massive Kritik an der Rolle der Ratingagenturen wahrend der Finanzkrise mundete in eine umfassende Regulierung von Ratingagenturen durch die EU-Ratingverordnung und den Dodd-Frank-Act. Der Autor erarbeitet eine Bestandsaufnahme der Regulierung von Ratingagenturen beidseits des Atlantiks. Ein besonderer Fokus liegt hier auf der regulatorischen Indienstnahme von Ratings und der zivilrechtlichen Haftung von Ratingagenturen. Der eingehenden Untersuchung von Art. 35a EU-Ratingverordnung und erster instanzgerichtlicher Rechtsprechung hierzu folgt ein Reformvorschlag zur Verbesserung des europaischen Haftungstatbestands fur Ratingagenturen.

This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

Human Rights, Democracy, and Legitimacy in a World of Disorder brings together respected scholars from diverse disciplines to examine a trio of key concepts that help to stabilize states and the international order. While used pervasively by philosophers, legal scholars, and politicians, the precise content of these concepts is disputed, and they face new challenges in the conditions of disorder brought by the twenty-first century. This volume will explore the interrelationships and possible tensions between human rights, democracy, and legitimacy, from the philosophical, legal, and political perspectives; as well as the role of these concepts in addressing particular problems such as economic inequality, catastrophic risks posed by new technologies, access to health care, regional governance, and responses to mass migration. Comprising essays arising from an interdisciplinary symposium convened at Harvard Law School in 2016, this volume will examine how these trusted concepts may bring order to the global community.

This thought-provoking book provides a systematic, philosophically-grounded reconceptualisation of press freedom and press regulation. In a major departure from orthodox norms, the book argues that press freedom and coercive independent press regulation are not mutually exclusive; that newspapers could be made to compensate their victims, through regulation, without jeopardising their free speech rights; that their perceived public watchdog status does not exempt them; and, ultimately, that mandatory press regulation is not unconstitutional. In doing so, the book questions our most deeply-held, intuitive beliefs about the press and its role in society. Why do we say the printed press has a duty to act as a public watchdog when there is no legally enforceable apparatus by which to ensure it does? Why does government constantly recommend that the press regulate itself when history shows this model always fails? Why do victims of press malfeasance continue to suffer needlessly? By deconstructing the accepted view of press freedom and mandatory regulation, this book shows that both are deeply misunderstood. The prevailing notion that the press must serve the public is an empty relic of Victorian ideology that is both philosophically incoherent and legally unjustifiable. The press is obliged to make good, not do good.

Ist eine Personengesellschaft insolvent, sind es ihre Gesellschafter wegen der persoenlichen Haftung in der Regel auch. Durch die Doppelinsolvenz entstehen verschiedene Probleme, die zum Teil mit der Ausscheidensfolge, zum Teil mit dem Trennungsprinzip zu tun haben: Wie wirkt es sich etwa aus, wenn das Gesellschaftsinsolvenzverfahren eroeffnet ist und der vorletzte Gesellschafter insolvent wird - scheidet er aus und endet das Verfahren (weil die Gesellschaft erlischt)? Fraglich ist auch, ob fur alle Verfahren nur ein Insolvenzverwalter bestellt werden kann. Die Publikation fuhrt die Doppelinsolvenz auf einen einheitlichen Gedanken zuruck und entwickelt ausgehend von diesem Gedanken eine Loesung fur die einzelnen Abstimmungsprobleme.

Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This Handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.

Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.

The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.

Die gegenstandliche Abhandlung uber die roemische "indignitas" bildet eine Antwort auf "Paul Koschakers" Aufruf zur dogmengeschichtlichen und rechtsvergleichenden Untersuchung einzelner privatrechtlicher Rechtsinstitute. Trotz der gemeinsamen rechtsdogmatischen Herkunft - dem roemisch-gemeinen Indignitatsrecht - prasentieren sich die Erbunwurdigkeitsbestimmungen der franzoesischen, oesterreichischen und deutschen Privatrechtskodifikationen als ein aus vielen einzelnen Elementen zusammengestelltes Mosaik. Dieser historisch orientierte Rechtsvergleich der Erbunwurdigkeit liefert einen Beitrag zum besseren Verstandnis der gegenwartig geltenden Erbunwurdigkeitsrechte. Er "blickt" uber den Tellerrand der Landesjurisprudenz, erklart die nationalen Umformulierungen des roemischen Erbunwurdigkeitsrechts und erforscht ihre Ursachen.

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.

Das Buch behandelt die Frage des zulassigen Einsatzes sogenannter intelligenter Videouberwachungssysteme durch Private im oeffentlichen Raum am Massstab des 6b BDSG a.F. . Die Autorin befasst sich hierzu mit der systemkonformen Auslegung anhand des Grundgesetzes, der Charta der Grundrechte der Europaischen Union, der EMRK und der DSRL 95/46/EG sowie der Rechtsprechung der jeweiligen Verfassungsgerichtsbarkeiten. Sie zeigt auf, dass in einem Gefuge komplexer Wertentscheidungen angesichts des betroffenen Rechts auf informationelle Selbstbestimmung und der grundgesetzlichen Diskriminierungsverbote differenzierte Einzelfallabwagungen entlang eines aufgestellten Kriterienkataloges zu treffen sind. Das zu 6b BDSG a. F. entwickelte Ergebnis besteht auch vor 4 BDSG n. F. und der EU-DSGVO.

The tension between blasphemy laws and the freedom of expression in modern times is a key area of debate within legal academia and beyond. With contributions by leading scholars, this volume compares blasphemy laws within a number of Western liberal democracies and debates the legitimacy of these laws in the twenty-first century. Including comprehensive and up-to-date comparative country studies, this book considers the formulation of blasphemy bans, relevant jurisprudential interpretations, the effect on society, and the ensuing convictions and penalties where applicable. It provides a useful historical analysis by discussing the legal-political rationales behind the recent abolition of blasphemy laws in some Western states. Contributors also consider the challenges to the tenability of blasphemy laws in a selection of well-balanced theoretical chapters. This book is essential reading for scholars working within the fields of human rights law, philosophy and sociology of religion, and comparative politics.

The calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights.

Camera Power is the first book to tackle the policy questions raised by two ongoing revolutions in recording the police: copwatching and police-worn body cameras. Drawing on original research from over 200 jurisdictions and more than 100 interviews - with police leaders and officers, copwatchers, community members, civil rights and civil liberties experts, industry leaders, and technologists - Mary D. Fan offers a vision of the great potential and perils of the growing deluge of audiovisual big data. In contrast to the customary portrayal of big data mining as a threat to civil liberties, Camera Power describes how audiovisual big data analytics can better protect civil rights and liberties and prevent violence in police encounters. With compelling stories and coverage of the most important debates over privacy, public disclosure, proof, and police regulation, this book should be read by anyone interested in how technology is reshaping the relationship with our police.

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.

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.

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.