With Brexit looming, a major issue facing UK Higher Education is whether the UK will be able to stay in the Erasmus Programme. This book sits at the intersection of three main interrelated themes - EU citizenship, the current state of the university in Europe, and student mobility - as they play out in the context of an EU funded programme established not least to promote European identity, European consciousness and European citizenship. Exploring through interviews with students from many countries, this book weaves together the themes of citizenship creation as a device for building a nation and a polity, the university as a public space in the era of the marketization of higher education, and communicative interaction as the mechanism by which citizenship is created. Ultimately it asks if the building bricks of national citizenship can be transposed to the transnational scale, and assist in creating the transnational, EU citizenship. It finds, surprisingly, that far from encouraging and facilitating the communicative interaction on which the development of EU citizenship was postulated, central features of the Erasmus Programme inadvertently work against this outcome. This book will be of key interest to scholars and students of EU law and European and EU studies, Citizenship Studies, sociology, and more broadly to higher education in general.

Understand your GDPR obligations and prioritise the steps you need to take to comply The GDPR gives individuals significant rights over how their personal information is collected and processed, and places a range of obligations on organisations to be more accountable for data protection. The Regulation applies to all data controllers and processors that handle EU residents' personal information. It supersedes the 1995 EU Data Protection Directive and all EU member states' national laws that are based on it - including the UK's DPA (Data Protection Act) 1998. Failure to comply with the Regulation could result in fines of up to 20 million or 4% of annual global turnover - whichever is greater. This guide is a perfect companion for anyone managing a GDPR compliance project. It provides a detailed commentary on the Regulation, explains the changes you need to make to your data protection and information security regimes, and tells you exactly what you need to do to avoid severe financial penalties. Clear and comprehensive guidance to simplify your GDPR compliance project Now in its fourth edition, EU General Data Protection Regulation (GDPR) - An implementation and compliance guide provides clear and comprehensive guidance on the GDPR. It explains the Regulation and sets out the obligations of data processors and controllers in terms you can understand. Topics covered include: The DPO (data protection officer) role, including whether you need one and what they should do; Risk management and DPIAs (data protection impact assessments), including how, when and why to conduct one; Data subjects' rights, including consent and the withdrawal of consent, DSARs (data subject access requests) and how to handle them, and data controllers and processors' obligations; Managing personal data internationally, including updated guidance following the Schrems II ruling; How to adjust your data protection processes to comply with the GDPR, and the best way of demonstrating that compliance; and A full index of the Regulation to help you find the articles and stipulations relevant to your organisation. Supplemental material While most of the EU GDPR's requirements are broadly unchanged in the UK GDPR, the context is quite different and will have knock-on effects. You may need to update contracts regarding EU-UK data transfers, incorporate standard contractual clauses into existing agreements, and update your policies, processes and procedural documentation as a result of these changes. We have published a supplement that sets out specific extra or amended information for this pocket guide. Click here to download the supplement. About the authors The IT Governance Privacy Team, led by Alan Calder, has substantial experience in privacy, data protection, compliance and information security. This practical experience, their understanding of the background and drivers for the GDPR, and the input of expert consultants and trainers are combined in this must-have guide to GDPR compliance. Start your compliance journey now and buy this book today.

Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book critically evaluates religious pluralism as an emerging legal principle arising from attempts to define the boundaries of freedom of religion. It examines religious pluralism as an underlying aspect of different human rights regimes and constitutional traditions. It is, however, the static and liberal shape religious pluralism has assumed that is taken up critically here. In order to address how difference is vulnerable to elimination, rather than recognition, the book takes up a contemporary ethics of alterity. More generally, and through its reconstruction of a more difference-friendly vision of religious pluralism, it tackles the problem of the role of rights in the era of diverse narratives of emancipation.

This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe's porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture, society and communication. Privacy theory's debt to Locke, Kant or Mill, and what is at stake in their conceptual frameworks, is examined. The extent to which the term "privacy" has been used to the detriment of - and to create - weaker parties in marriage, in the workplace and now as citizens (or non-citizens) and consumers, as well as employees, is also demonstrated. In contrast, Janice Richardson pursues the relevance of Floridi's philosophy of information, before turning to her application of Spinoza, the philosopher of communication, in order to outline a more useful framework through which to think about privacy today. The book will be of interest to those working in political philosophy, feminist philosophy, law, the philosophy of information, sociology, media, and cultural studies.

The highly anticipated U.S. Supreme Court decision in Fisher v. University of Texas placed a greater onus on higher education institutions to provide evidence supporting the need for affirmative action policies on their respective campuses. It is now more critical than ever that institutional leaders and scholars understand the evidence in support of race consideration in admissions as well as the challenges of the post-Fisher landscape. This important volume shares information documented for the Fisher case and provides empirical evidence to help inform scholarly conversation and institutions' decisions regarding race-conscious practices in higher education. With contributions from scholars and experts involved in the Fisher case, this edited volume documents and shares lessons learned from the collaborative efforts of the social science, educational, and legal communities. Affirmative Action and Racial Equity is a critical resource for higher education scholars and administrators to understand the nuances of the affirmative action legal debate and to identify the challenges and potential strategies toward racial equity and inclusion moving forward.

Coercive Care asks probing and challenging questions regarding the use of coercion in health care and the social services. The book combines philosophical analysis with comparative studies of social policy and law in a large number of industrialized countries.

Since the adoption of the UN Convention on the Rights of the Child (1989) children's rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children's rights. The volume offers a multidisciplinary approach to children's rights, as well as key thematic issues in children's rights at the intersection of global and local concerns. The main approaches and topics within the volume are: * Law, social work, and the sociology of childhood and anthropology * Geography, childhood studies, gender studies and citizenship studies * Participation, education and health * Juvenile justice and alternative care * Violence against children and female genital mutilation * Child labour, working children and child poverty * Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children's rights.

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan's implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country's unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country.

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.

This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.

The role of religion in various domains of the public sphere provokes much debate. One of the key areas where this debate is unfolding is in the secular workplace, where some employees strongly desire to express their religious beliefs in ways which may bring them into conflict with their employers. For example, a Sikh woman may wish to wear a kara bracelet contrary to an employer's uniform policy; or a Muslim may wish to take time out of required working hours for Friday prayers. Equally, some employees may feel compelled to object to particular aspects of their job role from which a crisis of conscience arises. For instance, a Christian registrar might object to registering a same-sex marriage or civil partnership; or a Muslim retail worker might object to handling alcohol. This addresses these conflicts and the role of law in resolving them. It considers what is meant by religious expression by individual employees, and the motives underlying it, and sets out the different ways it might have an impact on the workplace, in both uncontroversial and potentially controversial ways.The book identifies different principled responses to workplace religious expression within a liberal state. It then goes on to analyse to what extent the law in England and Wales reflects these differing responses, both at a legislative and policy level, and at a court and tribunal level. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and whether or not there is a case for changing the law to strengthen that protection.

This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers' legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China's legal and political system, and proposes new ways to assess domestic advocacy's relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.

Human Rights, Power and Civic Action examines the interrelationship between struggles for human rights and the dynamics of power, focusing on situations of poverty and oppression in developing countries. It is argued that the concept of power is a relatively neglected one in the study of rights-based approaches to development, especially the ways in which structures and relations of power can limit human rights advocacy. Therefore this book focuses on how local and national struggles for rights have been constrained by power relations and structural inequalities, as well as the extent to which civic action has been able to challenge, alter or transform such power structures, and simultaneously to enhance protection of people's basic human rights. Contributors examine and compare struggles to advance human rights by non-governmental actors in Cambodia, China, Ghana, Kenya, South Africa and Zimbabwe. The country case-studies analyse structures of power responsible for the negation and denial of human rights, as well as how rights-promoting organisations challenge such structures. Utilising a comparative approach, the book provides empirically grounded studies leading to new theoretical understanding of the interrelationships between human rights struggles, power and poverty reduction. Human Rights, Power and Civic Action will be of interest to students and scholars of human rights politics, power, development, and governance.

This book explores the concept of a substantive right to equality and considers the underlying rationale behind the right to equality and non-discrimination within the European Convention on Human Rights (ECHR) and the EU. The book sets out a theoretical basis for the right to substantive equality before undertaking a careful analysis of the jurisprudence of both the European Court of Human Rights and the European Court of Justice in order to examine how the two Courts have approached the question through their case-law. The historical evolution of the prohibition of discrimination in the two legal orders is traced in order to demonstrate how the human interest safeguarded by a right to equality has developed and continues to develop within the jurisprudence of the Strasbourg and Luxembourg Courts. The book demonstrates how the right to substantive equality is becoming increasingly relevant.It shows how, despite the profound differences between the scope of ECHR and EU equality law, the two Courts have been willing to move beyond the apparent limitations of the written legal framework in several instances with a view to extending the personal and the material scope of what appears to be an emerging human right to equality.

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights.

The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities.

In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

Ordinary in Brighton? offers the first large scale examination of the impact of the UK equalities legislation on lesbian, gay, bi- and trans (LGBT) lives, and the effects of these changes on LGBT political activism. Using the participatory research project, Count Me In Too, this book investigates the material issues of social/spatial injustice that were pertinent for some - but not all- LGBT people, and explores activisms working in partnership that operated with/within the state. Ordinary in Brighton? explores the unevenly felt consequences of assimilation and inclusion in a city that was compelled to provide a place (literally and figuratively) for LGBT people. Brighton itself is understood to be exceptional, and exploring this specific location provides insights into how place operates as constitutive of lives and activisms. Despite its placing as 'the gay capital' and its long history as a favoured location of LGBT people, there is very little academic or popular literature published about this city. This book offers insights into the first decade of the 21st century when sexual and gender dissidents supposedly became ordinary here, rather than exceptional and transgressive. It argues that geographical imaginings of this city as the 'gay capital' formed activisms that sought positive social change for LGBT people. The possibilities of legislative change and urban inclusivities enabled some LGBT people to live ordinary lives, but this potential existed in tension with normalisations and exclusions. Alongside the necessary critiques, Ordinary in Brighton? asks for conceptualisations of the creative and co-operative possibilities of ordinariness. The book concludes by differentiating the exclusionary ideals of normalisation from the possibilities of ordinariness, which has the potential to render a range of people not only in-place, but commonplace. All royalties from this book will be donated to Allsorts Youth Project, Brighton & Hove LGBT Switchboa

Although the public thinks of 'war crimes' as a generic term covering all international prosecutions, offences concerning the conduct of hostilities have been largely overshadowed by cases dealing with the oppression of civilians, mainly under the rubric of crimes against humanity. With this excellent and accessible volume, we now have a substantial examination of the criminal law applicable to what was hitherto a somewhat neglected area. Recent judicial decisions indicate that the relevance of the subject seems destined to increase.' - William Schabas, Middlesex University, UK'This comprehensive collection addresses an overlooked area: war crimes and the conduct of hostilities. It uplifts aspects that are particularly under-appreciated, including cultural property, fact-finding, arms transfer, chemical weapons, sexual violence, and attacks on peacekeepers. Through rigorous analysis, elegant prose, original insights, and vivacious interconnections, this book enlivens the actual enforcement and application of international war crimes law. This book will serve as an indispensable tool for the many stakeholders invested in evenhanded, informed, and wise pursuit of post-conflict justice through a diverse array of mechanisms.' - Mark A. Drumbl, Washington and Lee University, US Most charges for war crimes are brought for violations of the rules on the treatment of protected persons in armed conflict situations. However in certain cases, they are brought for serious breach of international humanitarian law rules governing the conduct of hostilities. This book seeks to address this somewhat neglected area of international criminal law. War Crimes and the Conduct of Hostilities identifies the challenges faced by prosecutors, investigators and courts and tribunals in the definition, investigation and adjudication of war crimes, based on violations of the rules of international humanitarian law on the conduct of hostilities. Detailed and topical sections in the book include: violations of the principles of distinction, proportionality and precaution, violations of the rules protecting particular categories of persons, violations of the rules on means of warfare and the special case of terrorism in armed conflicts. This indispensable study will strongly benefit academics, students, lawyers, judges and practitioners in international criminal law, international humanitarian law and human rights law. Government and public administration officials, along with NGO members, will also find much to interest them in this timely book. Contributors: A. Ali, J. Beqiraj, A. Cannone, A. Carcano, M. Castellaneta, M. Frulli, P. Gaeta, E. Greppi, A. Leandro, F. Moneta, G. Nesi, A. Oddenino, M. Pedrazzi, M. Pertile, F. Pocar, L. Poli, A.L. Sciacovelli, A. Spagnolo, S. Vezzani, S. Wilkinson

This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe's porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.

This second edition of Gloria Browne-Marshall's seminal work , tracing the history of racial discrimination in American law from colonial times to the present, is now available with major revisions. Throughout, she advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties by analyzing the key court cases that established America's racial system and demonstrating the impact of these court cases on American society. This edition also includes more on Asians, Native Americans, and Latinos. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution.

Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state's failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts' jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.

The book explores the current role of nationality from the point of view of international law, reassessing the validity of the 'classical', state-centered, approach to nationality in light of the 'new' role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.

First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery's social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery's oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery's inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves' owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters' rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.