Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights. An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression. This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jorgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. Zalnieriute

The concept of supranational European citizenship has become one of the core concepts of the EU?s unique polity. It has, however, been one of the most difficult to actualise. This book examines the challenges of, and barriers to, exercising full citizenship rights for European citizens and considers how they might best be overcome. Drawing on cutting-edge research from interdisciplinary areas of study, this book examines the key issues surrounding EU citizenship. Reflecting on the diversity of European societies, it identifies, analyses and compares the many barriers that citizens face to fully exercising their rights. With chapters examining key issues from migration to democratic governance and social rights, Moving Beyond Barriers critically analyzes concepts of citizenship and the way that EU citizenship is politically, legally, economically and socially institutionalised, and elaborates alternatives to the current paths of realising EU citizenship. Citizenship issues feature prominently in the European policy-making agenda and the insights offered by this book will be of benefit to those with an interest in EU law, social and public policy and administration. Policy-makers and practitioners will also benefit from the reflections on citizenship and the practical guidance on how to move beyond current issues regarding EU citizenship. Contributors include: B. Anderson, W. Bakker, V. Baricevic, F. Cheneval, S. de Vries, D. di Micco, O. Eberl, M. Ferrin, M.-P. Granger, M. Hoogenboom, E. Ioriatti, T. Knijn, N. Kosti, D. Levi-Faur, M. Naldini, M. Prak, E. Pulice, M. Seeleib-Kaiser, S. Seubert, I. Shutes, M. van der Kolk, F. van Waarden, S. Walker, P. Wallis

This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union. Featuring expert contributions from scholars both within and outside the discipline of law, the Research Handbook focuses on contemporary challenges facing the EU, such as Brexit, the erosion of rights and issues of constitutional choice for the citizens and governments of Europe, and highlights the reality of incomplete implementation of EU law and the role of the Court of Justice of the EU. A wide range of topics are discussed, featuring, but not limited to, differentiation, EU citizenship and nationality, the European Pillar of Social Rights, academic freedom and restrictions in free movement of persons. The book also applies a forward thinking approach by examining the promise of EU citizenship and the institutional reforms one might envisage in the future. Offering a thought-provoking contribution to ongoing debates and studies in the fields of EU citizenship, European internal market law and policy and European integration, this Research Handbook will be key reading for researchers, academics and postgraduate students in the fields of law, political science, EU studies, and sociology.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction offers a succinct yet comprehensive introduction to the multidisciplinary field of children's rights. Inspired by the dilemma of difference in the discussion of children's rights, chapters explore the equal rights that children share with adults as well as their differentiated and special rights. Key Features: Accessible, conceptually-grounded exploration of the contemporary children's rights debates Inclusive and multifaceted overview of children's rights within the human rights paradigm Forward looking perspectives and discussion of the future of children's rights Approaching the topic of children's rights firmly within the human rights paradigm, this Advanced Introduction will be a valuable companion for students and academics interested in children's rights, human rights and international law. Legal scholars and policy-makers looking to gain insight into key areas in children's rights will also find this book an interesting read.

The book Intellectual Property Rights & Public Policy is rooted in the fact that creativity and innovation have been hall mark of knowledge economy. However despite there is an abundance of innovative energies flowing in India a conducive ecosystem to access to education, knowledge and health is far from reality. Being TRIPS compliant country, the equitable and dynamic IP regime with full potential of harnessing intellectual property for India's economic growth, socio-cultural development and promotion of public interest are distant goalposts. The pronouncement of National IPR Policy spelt out the public policy orientation but the need to create robust IP environment as stunning controversy thats spinning out of control needs to hardly emphasized. The book is an erudite compilation of renowned scholars in the field of intellectual property having implication of moulding public policy discourse in intellectual property law. The contributors of the volumes luminates grey areas of research by drawing diverse perspectives from academicians, judges and IP practitioners. The range of papers diverse from jurisprudence of intellectual property to cyber law, human right, access to food and medicine, biotechnology and law. The book investigates prospects as well as the challenges by encompassing theoretical and juridical dimensions in Indian socio-legal context. The consequences of IP institutional failures are unimaginable and pragmatic ending is unthinkable for any vibrant nation like India. The book is never before seen revelations and leading to a single impossible and inconceivable truth of being panacea for plagued public policy diametric but definitely an incredible collection in auguring healthy polemics of knowledge management. To lend appropriate credence to the subject the working of IP Laws and institutions is undertaken to hone out the strategy of IP Law reform in public policy paradigm in India. The outputs of the compilation can capture the attention of not merely legal academics, policy makers, and legal profession but also to IP practitioners, development planner and innovation activists.

Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe. Probing workers' rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights, and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.

Applying a comparative analysis on law and practices, combined with extensive data, this book considers the legal consequences for public servants who make unauthorised disclosures of official information and the protections available for whistleblowers. The author provides an in-depth treatment of the law of unauthorised disclosures in the UK to explore the protections available and discusses the theoretical and legal justifications for the making of disclosures, as well as the arguments for maintaining official secrecy. The book discusses the legal consequences of leaking information and a full assessment of the authorised alternatives, providing recommendations for reform throughout. This book will be of interest to academics working on whistleblowing, as well as their students. The various recommendations provided in the book will be of use to whistleblowing NGOs, policymakers and Members of Parliament.

Data not only represent an integral part of the identity of a person, they also represent, together with other essentials, an integral part of the identity of a state. Keeping control over such data is equally important for both an individual and for a state to retain their sovereign existence. This thought-provoking book elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. Providing insights into previously unexplored parallels between information privacy and information sovereignty, it examines cross-border discovery, cybersecurity and cyber-defence operations, and legal regimes for cross-border data transfers, encompassing practical discussions from a fresh perspective. In addition, it offers an accessible overview of complex theoretical matters in the domain of Internet legal theory and international law and, crucially, a method to resolve situations where informational domains of individuals and/or states collide. This pioneering state-of the-art assessment of information law and legal theory is a vital resource for students, academics, policy-makers and practitioners alike, seeking a guide to the phenomena of information, sovereignty and privacy.

Ever since its inception, one of the essential tasks of the EU has been to establish the internal market. Despite the impressive body of case law and legislation regarding the internal market, legal and factual barriers still exist for citizens seeking to exercise their full rights under EU law. This book analyses these barriers and proposes ways in which they may be overcome. Next to analysing the key barriers to exercising economic rights more generally, this book focuses on three areas which represent the applications of the four basic freedoms: consumer rights, the rights of professionals in gaining access to the market, and intellectual property rights in the Digital Single Market. With chapters from leading researchers, the main pathways towards the reduction and removal of these barriers are considered. Taking into account important factors including the global financial crisis, as well as practical barriers, such as multilingualism, the solutions provided in this book present a pathway to enhance cross-border realization of European citizens? access to their economic rights, as well as increasing in the cultural richness of the EU. EU Citizens? Economic Rights in Action is an important book, which will be an essential resource for students of EU citizenship and economics, as well as for EU policymakers and practitioners interested in the field.

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic. Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.

European Union citizenship is increasingly relevant in the context of both the refugee crisis and Brexit, yet the issue of citizenship is neither new nor unique to the EU. Using historical, political and sociological perspectives, the authors explore varied experiences of combining multiple identities into a single sense of citizenship. Cases are taken from Canada, Croatia, Czechia, Estonia, Spain, Switzerland and Turkey to assess the various experiences of communities being incorporated into one entity. The studies show that the EU has a comparatively large degree of diversity and complexity, with levels of integration achieved in a relatively short timeframe. Advisory models based on Canada and Switzerland allow for the EU integration processes to continue while protecting diversity and upholding common institutions. Citizenship in Segmented Societies will appeal to academics and students in the field of European and federalist studies with a focus on multiculturalism and linguistic pluralism, minority rights, and citizenship issues. It will also be of interest to those with a particular interest in historical and comparative analysis of the EU. Contributors include: A.C. Bianculli, F. Cheneval, C. Erdogan, M. Ferrin, V. Hlousek, J. Jordana, S. Lopez, M. Sanjaume-Calvet, G. Tavits, H. Yilmaz, C.I. Velasco Rico

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.

The securitization that accompanied many national responses after 11 September 2001, along with the shortfalls of neo-liberalism, created waves of opposition to the growth of the human rights regime. By chronicling the continuing contest over the reach, range, and regime of rights, Contracting Human Rights analyzes the way forward in an era of many challenges. Through an examination of both global and local challenges to human rights, including loopholes, backlash, accountability, and new opportunities to move forward, the expert contributors analyze trends across multiple-issue areas. These include; international institutions, humanitarian action, censorship and communications, discrimination, human trafficking, counter-terrorism, corporate social responsibility and civil society and social movements. The topical chapters also provide a comprehensive review of the widening citizenship gaps in human rights coverage for refugees, women?s rights in patriarchal societies, and civil liberties in chronic conflict. This timely study will be invaluable reading for academics, upper-level undergraduates, and those studying graduate courses relating to international relations, human rights, and global governance. Contributors include: K. Ainley, G. Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K. Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa, A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer, W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C. Wright

Cell phone apps share location information; software companies store user data in the cloud; biometric scanners read fingerprints; employees of some businesses have microchips implanted in their hands. In each of these instances we trade a share of privacy or an aspect of identity for greater convenience or improved security. What Robert M. Pallitto asks in Bargaining with the Machine is whether we are truly making such bargains freely - whether, in fact, such a transaction can be conducted freely or advisedly in our ever more technologically sophisticated world. Pallitto uses the social theory of bargaining to look at the daily compromises we make with technology. Specifically, he explores whether resisting these 'bargains' is still possible when the technologies in question are backed by persuasive, even coercive, corporate and state power. Who, he asks, is proposing the bargain? What is the balance of bargaining power? What is surrendered and what is gained? And are the perceived and the actual gains and losses the same - that is, what is hidden? At the center of Pallitto's work is the paradox of bargaining in a world of limited agency. Assurances that we are in control are abundant whether we are consumers, voters, or party to the social contract. But when purchasing goods from a technological behemoth like Amazon, or when choosing a candidate whose image is crafted and shaped by campaign strategists and media outlets, how truly free, let alone informed, are our choices? The tension between claims of agency and awareness of its limits is the site where we experience our social lives - and nowhere is this tension more pronounced than in the surveillance society. This book offers a cogent analysis of how that complex, contested, and even paradoxical experience arises as well as an unusually clear and troubling view of the consequential compromises we may be making.

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.