Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.

The treaty creating the African Court of Justice and Human and Peoples' Rights, if and when it comes into force, contains innovative elements that have potentially significant implications for current substantive and procedural approaches to regional and international dispute settlements. Bringing together leading authorities in international criminal law, human rights and transitional justice, this volume provides the first comprehensive analysis of the 'Malabo Protocol' while situating it within the wider fields of international law and international relations. The book, edited by Professors Jalloh, Clarke and Nmehielle, offers scholarly, empirical, critically engaged and practical analyses of some of its most challenging provisions. Breaking new ground on the African Court, but also treating old concepts in a novel and relevant way, The African Court of Justice and Human and Peoples' Rights in Context is for anyone interested in international law, including international criminal law and international human rights law. This title is also available as Open Access on Cambridge Core.

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism. The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters-for example calling for the humanisation of the security discourse-and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered. This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics-through further theorisation on the sometimes elusive but important concepts of human dignity and human security-but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even-or in fact: especially-in times of terrorism. Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.

Human rights have not been a central concern of corporate law. Corporate actors have not been a central concern of international human rights law. This book examines existing and emerging strategies that could conceivably close a global governance gap that places human rights at risk and puts commercial actors in the position of becoming complicit in human rights abuses or implicated in abuses when conducting business in emerging market economies or other complex environments. Corporate codes of conduct, sustainability reporting, and selected multi-stakeholder initiatives are presented as the building blocks of a system of strengthening "soft law" that could solidify to become binding baseline standards for better business practices. It explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides comparative accounts of the creation of industry sector specific regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses after conflicts with concerned constituencies and affected communities. It considers market-based strategies to bring business practices into alignment with the responsibility to respect human rights and examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. It argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and that business policies and practices will be implemented consistent with respect for human rights.

On June 25, 2013, the U.S. Supreme Court handed down its decision in Shelby County v. Holder, invalidating a key provision of voting rights law. The decision - the culmination of an eight-year battle over the power of Congress to regulate state conduct of elections - marked the closing of a chapter in American politics. That chapter had opened a century earlier in the case of Guinn v. United States, which ushered in national efforts to knock down racial barriers to the ballot. A detailed and timely history, The Rise and Fall of the Voting Rights Act analyzes changing legislation and the future of voting rights in the United States. In tracing the development of the Voting Rights Act from its inception, Charles S. Bullock III, Ronald Keith Gaddie, and Justin J. Wert begin by exploring the political and legal aspects of the Jim Crow electoral regime. Detailing both the subsequent struggle to enact the law and its impact, they explain why the Voting Rights Act was necessary. The authors draw on court cases and election data to bring their discussion to the present with an examination of the 2006 revision and renewal of the act, and its role in shaping the southern political environment in the 2008 and 2012 presidential elections, when Barack Obama was chosen. Bullock, Gaddie, and Wert go on to closely evaluate the 2013 Shelby County decision, describing how the ideological makeup of the Supreme Court created an appellate environment that made the act ripe for a challenge. Rigorous in its scholarship and thoroughly readable, this book goes beyond history and analysis to provide compelling and much-needed insight into the ways voting rights legislation has shaped the United States. The Rise and Fall of the Voting Rights Act illuminates the historical roots - and the human consequences - of a critical chapter in U.S. legal history.

For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.

This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The 'existential' crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights' regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.

At a time of rising populism and debate about immigration, leading legal academic Jo Shaw sets out to review interactions between constitutions and constructs of citizenship. This incisive appraisal is the first sustained treatment of the relationship between citizenship and constitutional law in a comparative and transnational perspective. Drawing on examples from around the world, it assesses how countries' legal, political and cultural processes help to determine the boundaries of citizenship. For students and academics across political, social and international disciplines, Shaw offers an accessible response to some of the most pressing international questions of our age.

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human.

Social justice and human rights movements are entering a new phase. Social media, artificial intelligence, and digital forensics are reshaping advocacy and compliance. Technicians, lawmakers, and advocates, sometimes in collaboration with the private sector, have increasingly gravitated toward the possibilities and dangers inherent in the nonhuman. #HumanRights examines how new technologies interact with older models of rights claiming and communication, influencing and reshaping the modern-day pursuit of justice. Ronald Niezen argues that the impacts of information technologies on human rights are not found through an exclusive focus on sophisticated, expert-driven forms of data management but in considering how these technologies are interacting with other, "traditional" forms of media to produce new avenues of expression, public sympathy, redress of grievances, and sources of the self. Niezen considers various ways that the pursuit of justice is happening via new technologies, including crowdsourcing, social media-facilitated mobilizations (and enclosures), WhatsApp activist networks, and the selective attention of Google's search engine algorithm. He uncovers how emerging technologies of data management and social media influence the ways that human rights claimants and their allies pursue justice, and the "new victimology" that prioritizes and represents strategic lives and types of violence over others. #HumanRights paints a striking and important panoramic picture of the contest between authoritarianism and the new tools by which people attempt to leverage human rights and bring the powerful to account.

Citizenship was the most important mark of political belonging in Europe in the twentieth century, while estate, religion, party, class, and nation lost political significance in the century of extremes. This is shown by examining the legal institution of citizenship, with its deciding influence on the limits of a political community, on inclusion and exclusion. Citizenship determined a person's protection, equality, and freedom and thus his or her chances in life and very survival. This book recounts the history of citizenship in Europe as the history of European statehood in the twentieth and early twenty-first centuries. It does so from three vantage points: as the development of a legal institution crucial to European constitutionalism; as a measure of an individual's opportunities for self-fulfilment ranging from freedom to totalitarian subjugation; and as a succession of alternating, often sharply divergent political regimes, considered from the perspective of their inclusivity and exclusivity, and its justification. The European history of citizenship is discussed in this book on the basis of six selected countries: Great Britain, France, Germany, Czechoslovakia, Poland, and Russia. For the first time, a joint history of citizenship in Western and Eastern Europe is told here, from the heyday of the nation state to our present day, which is marked by the crises of the European Union. It is the history of a central legal institution that significantly represents and at the same time determines struggles over migration, integration, and belonging. One of the central concerns of this book is what lessons can be learned when it comes to the future chances of European citizenship.

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being 'judicial overreach'. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

Der Band behandelt die Entstehung der polnischen Verfassung vom 3. Mai 1791 und widmet sich hierbei insbesondere den im Polen des 18. Jahrhunderts geltenden Menschenrechten und der Situation der Bevoelkerung. Der Autor untersucht hierzu verschiedene Aspekte der damaligen politischen und gesellschaftlichen Situation und analysiert das aussen- und innenpolitische, wirtschaftliche und kulturelle Umfeld, dass die Entstehung der Verfassung beeinflusste. Er vergleicht zudem die Entstehung anderer Landerverfassungen und zeigt die Grunde auf, warum die polnische Verfassung vom 3. Mai 1791 bereits 1793 wieder ausser Kraft gesetzt wurde.

Konflikte im Zusammenhang mit dem Themenkomplex Erben und Vererben sind unumganglich und Alltag in der Praxis des erbrechtlich tatigen Anwalts. Fur Erblasser kann sich nun die Frage stellen, ob die Aufnahme einer Schieds- oder Mediationsklausel in die geplante Verfugung von Todes wegen die Entstehung von Konflikten vermeiden oder reduzieren kann. Ebenso ist fraglich, ob die Erben oder Vermachtnisnehmer uberhaupt verpflichtet werden koennen ihren erbrechtlichen Streit durch ein Schieds- oder Mediationsverfahren beilegen zu mussen. Bei der Beantwortung dieser Fragen muss zuerst der erbrechtliche Konflikt naher betrachtet werden und anschliessend versucht werden, die Schieds- und Mediationsklausel rechtsdogmatisch einzuordnen. Nur so ist es moeglich, diese im System des Erbrechts zu platzieren und die Fragen nach der Rechtswirksamkeit einer letztwilligen Schieds- oder Mediationsklausel zu beantworten.

This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today's world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.

This book examines how face recognition technology is affecting privacy and confidentiality in an era of enhanced surveillance. Further, it offers a new approach to the complex issues of privacy and confidentiality, by drawing on Joseph K in Kafka's disturbing novel The Trial, and on Isaiah Berlin's notion of liberty and freedom. Taking into consideration rights and wrongs, protection from harm associated with compulsory visibility, and the need for effective data protection law, the author promotes ethical practices by reinterpreting privacy as a property right. To protect this right, the author advocates the licensing of personal identifiable images where appropriate. The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved. As such, it offers a valuable resource for students of ethico-legal fields, professionals specialising in image rights law, policy-makers, and liberty advocates and activists.

Durch weltweite grosse Finanzskandale haben sich die Zeiten des bequemen und quasi nicht haftenden Aufsichtsrates auch in Deutschland geandert. Der Gesetzgeber und die Rechtsprechung stellen heute hohe Anforderungen bezuglich der Professionalisierung des Aufsichtsrates, womit die Gefahr einer Inanspruchnahme von Aufsichtsratsmitgliedern steigt. Der Autor gibt einen UEberblick uber die UEberwachungs- und Verfolgungspflichten des Aufsichtsrates und dessen Haftung bei Pflichtverstoessen. Auf Grund der Gefahr einer existenzvernichtenden Haftung setzt er sich abschliessend mit allgemeinen Reformvorschlagen zur Organhaftung der Literatur auseinander und bezieht diese explizit auf den Aufsichtsrat.

Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions on which the binary relies. The migrant/refugee binary is not just an innocuous shorthand-indeed, its power stems from the way in which it is painted as apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants to move toward more equitable advocacy for all border crossers.

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.

WINNER OF THE ORWELL PRIZE WINNER OF IRISH BOOK OF THE YEAR SHORTLISTED FOR THE BAILLIE GIFFORD PRIZE 'The most important work of contemporary reporting I have ever read' SALLY ROONEY The Western world has turned its back on refugees, fuelling one of the most devastating human rights disasters in history. In August 2018, Sally Hayden received a Facebook message. 'Hi sister Sally, we need your help,' it read. 'We are under bad condition in Libya prison. If you have time, I will tell you all the story.' More messages followed from more refugees. They told stories of enslavement and trafficking, torture and murder, tuberculosis and sexual abuse. And they revealed something else: that they were all incarcerated as a direct result of European policy. From there began a staggering investigation into the migrant crisis across North Africa. This book follows the shocking experiences of refugees seeking sanctuary, but it also surveys the bigger picture: the negligence of NGOs and corruption within the United Nations. The economics of the twenty-first-century slave trade and the EU's bankrolling of Libyan militias. The trials of people smugglers, the frustrations of aid workers, the loopholes refugees seek out and the role of social media in crowdfunding ransoms. Who was accountable for the abuse? Where were the people finding solutions? Why wasn't it being widely reported? At its heart, this is a book about people who have made unimaginable choices, risking everything to survive in a system that wants them to be silent and disappear.

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Kateri Hernandez debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernandez argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernandez's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernandez's look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

Argues that racial inequality reproduces itself automatically over time because early unfair advantage for whites has paved the way for continuing advantage This book is designed to change the way we think about racial inequality. Long after the passage of civil rights laws, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress? Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft. With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of Jim Crow to modern racial gaps in jobs, housing and education. Wealthy white neighborhoods fund public schools that then turn out wealthy white neighbors. Whites with lucrative jobs informally refer their friends, who refer their friends, and so on. Roithmayr concludes that racial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system.

In der Insolvenz u ber das Vermoegen einer KG gehoert die haftungsrechtliche Inanspruchnahme der Kommanditisten fu r den verwaltungs- und verfu gungsbefugten Insolvenzverwalter zu dessen Pflichtprogramm. Eine Analyse der diesbezu glichen Rechtsprechung und Literaturpublikationen der jungeren Vergangenheit offenbaren indes, dass dieses Pflichtprogramm eine Vielzahl von rechtlichen Schwierigkeiten in sich birgt. Der Autor eruiert dabei die wesentlichen Streitfragen und setzt sich mit Ihnen im Wege einer wissenschaftlichen Diskussion auseinander. Immer wieder treten dabei die zu erwartenden Folgen fur die Praxis in den Vordergrund der Diskussion. Berucksichtigt wird darin nicht nur die idealtypische KG, sondern auch die als KG ausgestalteten Publikumsgesellschaften sowie die GmbH & Co. KG.