Years of surveillance-related leaks from US whistle blower Edward Snowden have fuelled an international debate on privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions. With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.

This book examines the existing constitutional and legal system in England, Wales and Scotland, through the prism of its treatment of religion and belief. The study encompasses questions of Church/state relations, but pushes far beyond these. It asks whether the approach to religion which has spread out from establishment to permeate the whole legal framework is a cause of concern or celebration in relation to individual and collective freedoms. The primary focus of the work is the synergy between the religious dimension of the juridical system and the fundamental pillars of the Constitution (parliamentary sovereignty, the rule of law, separation of powers and human rights). Javier Garcia Oliva and Helen Hall challenge the view that separation between public and religious authorities is the most conducive means of nurturing a free and democratic society in modern Britain. The authors explore whether, counter-intuitively for some, the religious dynamic to the legal system actually operates to safeguard liberties, and has a role in generating an inclusive and adaptable backdrop for our collective life. They suggest that the present paradigm brings benefits for citizens of all shades of religious belief and opinion (including Atheist and Humanist perspectives), as well as secondary advantages for those with profound beliefs on non-religious matters, such as pacifism and veganism. In support of their contentions, Garcia Oliva and Hall examine how the religious dimension of the legal framework operates to further essential constitutional principles in diverse settings, ranging from criminal to family law. In a groundbreaking move, the authors also set the legal discussion alongside its social and cultural context. They consider how the theological perspectives of the larger faith traditions might influence members' ideas around the key constitutional precepts, and they include extracts from interviews which give the personal perspective of more than 100 individuals on contemporary issues of law and religious freedom. These voices are drawn from a range of fields and positions on faith. While the authors are at pains to stress that these sections do not support or advance their legal or theological conclusions, they do provide readers with a human backdrop to the discussion, and demonstrate its crucial importance in twenty-first century Britain.

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.

All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China-Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.

This book focuses on women's human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women's rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women's human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women's human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.

Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.

Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a 'concept' and a 'normative reality'. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.

For the first time in 400 years a number of leading common law nations have, fairly simultaneously, embarked on charity law reform leading to an encoding of key definitional matters in charity legislation. This book provides an analysis of international case law developments on the ever growing range of issues now being generated by clashes between human rights, religion and charity law. Kerry O'Halloran identifies and assesses the agenda of 'moral imperatives', such as abortion and gay marriage that delineate the legal interface and considers their significance for those with and those without religious belief. By assessing jurisdictional differences in the law relating to religion/human rights/charity the author provides a picture of the evolving 'culture wars' that now typify and differentiates societies in western nations including the USA, England and Wales, Ireland, Australia, Canada and New Zealand.

The European Union is a supranational organisation with a set of circumscribed powers. Although these powers do not include an all-encompassing fundamental rights' mandate, today's existential challenges - from economic to refugee crisis, via concerns for compliance with the rule of law in some of its Member States - increase the pressure on the EU to develop tools for protection and promotion of such rights. One way of addressing the tension between the lack of a general mandate and vivid calls for protection is for the EU to focus on selected fundamental rights which it has competence to regulate. One such example is EU law on the fundamental right to equal treatment that has blossomed since the late 1990s. In developing selected fundamental right policies that can be imposed on domestic actors, as EU law does, supranational intervention needs to be carefully tailored to the plural landscape where they are intended to flourish. This monograph calls for a nuanced use of the infrastructure of EU law to convey shared values at domestic level across Europe.

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

The Civil Rights Act of 1960 aimed to close loopholes in its 1957 predecessor that had allowed continued voter disenfranchisement for African Americans and for Mexicans in Texas. In early 1959, the newly seated Eighty-Sixth Congress had four major civil rights bills under consideration. Eventually consolidated into the 1960 Civil Rights Act, their purpose was to correct the weaknesses in the 1957 law. Mitchell's papers from 1959 to 1960 show the extent to which congressional resistance to the passage of meaningful civil rights laws contributed to the lunch counter sit-ins in Greensboro, North Carolina, and to subsequent demonstrations. The papers reveal how the repercussions of these events affected the NAACP's work in Washington and how, despite their dislike of demonstrations, NAACP officials used them to intensify the civil rights struggle. Among the act's seven titles were provisions authorizing federal inspection of local voter registration rolls and penalties for anyone attempting to interfere with voters on the basis of race or color. The law extended the powers of the US Commission on Civil Rights and broadened the legal definition of the verb to vote to encompass all elements of the process: registering, casting a ballot, and properly counting that ballot. Ultimately, Mitchell considered the 1960 act unsuccessful because Congress had failed to include key amendments that would have further strengthened the 1957 act. In the House, representatives used parliamentary tactics to stall employment protections, school desegregation, poll-tax elimination, and other meaningful civil rights reforms. The fight would continue. The Papers of Clarence Mitchell Jr. series is a detailed record of the NAACP leader's success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

Die wirtschaftliche Schieflage vieler Traditionsvereine und die Insolvenz des Kirch-Medienkonzerns im Jahr 2002, durch die sogar Fussball-Bundesligavereine in finanzielle Bedrangnis geraten waren, zeigen die Aktualitat des Themas der wirtschaftlichen Krise und der Insolvenz bei Sportvereinen. Das Buch befasst sich mit der Darstellung des rechtstatsachlichen Umfeldes des Sportvereins und beleuchtet die Ursachen fur dessen Krisenanfalligkeit. Es wird aufgezeigt, mit welchen Mitteln die Vereinsfuhrung den wirtschaftlichen Problemen des Vereins schon im Vorfeld der Insolvenz wirksam begegnen kann. Schwerpunkt der Arbeit ist dann die umfassende Darstellung des eingetragenen Sportvereins in der Situation des Insolvenzverfahrens - von der Einleitung des Eroeffnungsverfahrens bis hin zur Beendigung des eroeffneten Insolvenzverfahrens. Ein besonderes Augenmerk wird zudem auf die Haftung des Vereinsvorstands wegen Insolvenzverschleppung gelegt.

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.

Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity's varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.

We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. "Human Rights and the Criminal Justice System "provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in criminology, law and political science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system.

This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.

Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region.
This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an internationalized venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.

Human rights in peace and development are accepted throughout the Global South as established, normative, and beyond debate. Only in the powerful elite sectors of the Global North have these rights been resisted and refuted. The policies and interests of these global forces are antithetical to advancing human rights, ending global poverty, and respecting the sovereign integrity of States and governments throughout the Global South. The link between poverty, war, and environmental degradation has become evident over the last 60 years, further augmenting international consciousness of these issues as interconnected with the rest of the human rights corpus. This book examines the history of this struggle and outlines practical means to implement these rights through a global framework of constitutional protections. Within this emerging framework, it argues that States will be increasingly obligated to formulate policies and programs to achieve peace and development throughout the global society.

The Millennium Development Goals (MDGs) have generated tremendous discussion in global policy and academic circles. On the one hand, they have been hailed as the most important initiative ever in international development. On the other hand, they have been described as a great betrayal of human rights and universal values that has contributed to a depoliticization of development. With contributions from scholars from the fields of economics, law, politics, medicine, and architecture, this volume sets out to disentangle this debate in both theory and practice. It critically examines the trajectory of the MDGs, the role of human rights in theory and practice, and what criteria might guide the framing of the post-2015 development agenda. The book is essential reading for anyone interested in global agreements on poverty and development.

Citizenship has come to mean legal and political equality within a sovereign nation-state; in international law, only states may determine who is and who is not a citizen. But such unitary status is the historical exception: before sovereign nation-states became the prevailing form of political organization, citizenship had a range of definitions and applications. Today, nonstate communities and jurisdictions both below and above the state level are once again becoming important sources of rights, allegiance, and status, thereby constituting renewed forms of multilevel citizenship. For example, while the European Union protects the nation-state's right to determine its own members, the project to construct a democratic polity beyond national borders challenges the sovereignty of member governments. Multilevel Citizenship disputes the dominant narrative of citizenship as a homogeneous status that can be bestowed only by nation-states. The contributors examine past and present case studies that complicate the meaning and function of citizenship, including residual allegiance to empires, constitutional rights that are accessible to noncitizens, and the nonstate allegiance of nomadic nations. Their analyses consider the inconsistencies and exceptions of national citizenship as a political concept, such as overlapping jurisdictions and shared governance, as well as the emergent forms of sub- or supranational citizenships. Multilevel Citizenship captures the complexity of citizenship in practice, both at different levels and in different places and times. Contributors: Elizabeth F. Cohen, Elizabeth Dale, Will Hanley, Marc Helbling, Turkuler Isiksel, Jenn Kinney, Sheryl Lightfoot, Willem Maas, Catherine Neveu, Luicy Pedroza, Eldar Sarajlic, Rogers M. Smith.

Il lavoro si propone di analizzare il contratto autonomo di garanzia, uno degli istituti giuridici piu utilizzati nella prassi bancaria e nel commercio internazionale, avendo come punto di partenza gli ordinamenti italiano e tedesco. Attraverso un costante monitoraggio della dottrina formatasi sul tema e della giurisprudenza dei due Paesi coinvolti, l'autore si e posto l'obiettivo di individuare la disciplina piu confacente allo strumento contrattuale studiato, avanzando soluzioni rispettose del quadro sistematico, ma che tengano conto delle esigenza di elasticita e speditezza dei traffici commerciali. Il presente studio, corredato dalla prefazione di Giuseppe B. Portale, uno dei maggiori esperti sul tema, vuole essere una base per l'inquadramento a livello teorico del modello negoziale analizzato, e al tempo stesso un utile strumento per gli operatori nella prassi.

Scholars commonly take the Declaration of the Rights of Man and Citizen of 1789, written during the French Revolution, as the starting point for the modern conception of human rights. According to the Declaration, the rights of man are held to be universal, at all times and all places. But as recent crises around migrants and refugees have made obvious, this idea, sacred as it might be among human rights advocates, is exhausted. It's long past time to reconsider the principles on which Western economic and political norms rest. This book advocates for a tradition of political universality as an alternative to the juridical universalism of the Declaration. Insurgent universality isn't based on the idea that we all share some common humanity but, rather, on the democratic excess by which people disrupt and reject an existing political and economic order. Going beyond the constitutional armor of the representative state, it brings into play a plurality of powers to which citizens have access, not through the funnel of national citizenship but in daily political practice. We can look to recent history to see various experiments in cooperative and insurgent democracy: the Indignados in Spain, the Arab Spring, Occupy, the Zapatistas in Mexico, and, going further back, the Paris Commune, the 1917 peasant revolts during the Russian Revolution, and the Haitian Revolution. This book argues that these movements belong to the common legacy of insurgent universality, which is characterized by alternative trajectories of modernity that have been repressed, hindered, and forgotten. Massimiliano Tomba examines these events to show what they could have been and what they can still be. As such he explores how their common legacy can be reactivated. Insurgent Universality analyzes the manifestos and declarations that came out of these experiments considering them as collective works of an alternative canon of political theory that challenges the great names of the Western pantheon of political thought and builds bridges between European and non-European political and social experiments.

Imagine being physically denied access to your office, business or livelihood. Imagine being refused entry to a shop or being told who you can or cannot sit with at a restaurant. Imagine being barred from a hospital room when you or your family member needs critical care. Unthinkable? Today, these scenarios and worse are happening in 'democracies' all over the world, and could be our collective future - orchestrated by AI, Big Tech and state-sponsored apps - all in the name of 'protecting' public health with vaccine passports. The stakes could not be higher. If you do not have a vaccine passport, you will be prevented from accessing basic services, from earning a living or travelling within your own country. Even if you do have one, you will be exposed to unprecedented levels of government and corporate surveillance, data mining and behavioural control. In Scanned, investigative journalist Nick Corbishley examines and exposes the lies and overreach that underpin the wholesale erosion of personal freedoms that is happening at an alarming rate. In clear language supported by rigorous research, Corbishley uncovers how the rollout of vaccine passports not only represents an unprecedented violation of privacy and bodily autonomy, but how it perpetuates the idea that a 'small' collective sacrifice will allow us to return to normality. If things continue on the current path, Corbishley makes clear, getting back to 'normal' is never happening. Put simply, instead of a return to normality, we will see the creation of a starkly different form of existence in which most of us will have virtually no agency over our own lives. Inside Scanned, you'll also find: The massive implications of a tech-enabled digital ID, social credit systems and biometric tracking How basic freedoms and privacy are being handed over to the state and private companies without our knowledge or consent How government programmes and increased surveillance will facilitate discrimination, segregation and stigmas for huge segments of the population Few people want to be seen as outliers, especially if it means feeling responsible or being blamed for the suffering and deaths of others. 'But there is a fundamental flaw in applying the "greater good" argument to vaccine passports,' Corbishley writes, 'because the passports themselves offer precious little in the way of potential good - and a huge amount in the way of potential harm.' This is not a liberal or conservative debate. This is not a vaccinated or unvaccinated debate. This is about freedom, global democracy and how much we are willing to give up. This is about deciding when it is time to say, 'enough!'

Stephen Gardbaum argues that recent bills of rights in Canada, New Zealand, the United Kingdom and Australia are an experiment in a new third way of organizing basic institutional arrangements in a democracy. This 'new Commonwealth model of constitutionalism' promises both an alternative to the conventional dichotomy of legislative versus judicial supremacy and innovative techniques for protecting rights. As such, it is an intriguing and important development in constitutional design of relevance to drafters of bills of rights everywhere. In developing the theory and exploring the practice of this new model, the book analyses its novelty and normative appeal as a third general model of constitutionalism before presenting individual and comparative assessments of the operational stability, distinctness and success of its different versions in the various jurisdictions. It closes by proposing a set of general and specific reforms aimed at enhancing these practical outcomes.