This book examines the possibility of creating new ways of existing beyond human rights. Multiple socio-political crises and the dominance of neoliberal and capitalist policies have led legal and political theorists to question the emancipatory promise of human rights and to reconceptualise human rights in theory and practice. The possibility of creating new ways of existing beyond human rights has been left significantly under examined, until now. Having as its starting point the ferocious, yet brief, critique on human rights of one of the most prominent French philosophers of the 20th century, Gilles Deleuze, the book argues that Deleuze's critique is not only compatible with his broader thought but that it has the potential to give a new impetus to the current critiques of human rights, within the 'disciplinary borders' of legal and political theory. The book draws upon Deleuze's broader thought, but also radical legal and political theory and continental philosophy. In particular, it investigates and expands on two of Deleuze's most important notions, namely those of 'immanence' and 'becoming' and their relation to the philosopher's critique of human rights. In doing so, it argues that these two notions are capable of questioning the dominant and dogmatic position that human rights enjoy.

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.

Each state in Europe has its own national laws which affect religion and these are increasingly the subject of political and academic debate. This book provides a detailed comparative introduction to these laws with particular reference to the states of the European Union. A comparison of national laws on religion reveals profound similarities between them. From these emerge principles of law on religion common to the states of Europe and the book articulates these for the first time. It examines the constitutional postures of states towards religion, religious freedom, and discrimination, and the legal position, autonomy, and ministers of religious organizations. It also examines the protection of doctrine and worship, the property and finances of religion, religion, education, and public institutions, and religion, marriage, and children, as well as the fundamentals of the emergent European Union law on religion.
The existence of these principles challenges the standard view in modern scholarship that there is little commonality in the legal postures of European states towards religion - it reveals that the dominant juridical model in Europe is that of cooperation between State and religion. The book also analyses national laws in the context of international laws on religion, particularly the European Convention on Human Rights. It proposes that national laws go further than these in their treatment and protection of religion, and that the principles of religion law common to the states of Europe may themselves represent a blueprint for the development of international norms in this field. The book provides a wealth of legal materials for scholars and students. The principles articulated in it also enable greater dialogue between law and disciplines beyond law, such as the sociology of religion, about the role of religion in Europe today. The book also identifies areas for further research in this regard, pointing the direction for future study.

Deferred Dreams, Defiant Struggles interrogates Blackness and illustrates how it has been used as a basis to oppress, dismiss and exclude Blacks from societies and institutions in Europe, North America and South America. Employing uncharted analytical categories that tackle intriguing themes about borderless non-racial African ancestry, "traveling" identities and post-blackness, the essays provide new lenses for viewing the "Black" struggle worldwide. This approach directs the contributors' focus to understudied locations and protagonists. In the volume, Charleston, South Carolina is more prominent than Little Rock Arkansas in the struggle to desegregate schools; Chicago occupies the space usually reserved for Atlanta or other southern city "bulwarks" of the civil rights movement; diverse Africans in France and Afro-descended Chileans illustrate the many facets of negotiating belonging, long articulated by examples from the Greensboro Woolworth counter sit-in or the Montgomery Bus Boycott; unknown men in the British empire, who inverted dying confessions meant to vilify their blackness, demonstrate new dimensions in the story about race and religion, often told by examples of fiery clergy of the Black Church; and the theatres and studios of dramatists and visual artists replace the Mall in Washington DC as the stage for the performance of identities and activism.

In 1964, less than one year into his tenure as publisher of the Bogalusa Daily News, New Orleans native Lou Major found himself guiding the newspaper through a turbulent period in the history of American civil rights. Bogalusa, Louisiana, became a flashpoint for clashes between African Americans advocating for equal treatment and white residents who resisted this change, a conflict that generated an upsurge in activity by the Ku Klux Klan. Local members of the KKK stepped up acts of terror and intimidation directed against residents and institutions they perceived as sympathetic to civil rights efforts. During this turmoil, the Daily News took a public stand against the Klan and its platform of hatred and white supremacy. Against the Klan, Major's memoir of those years, recounts his attempts to balance the good of the community, the health of the newspaper, and the safety of his family. He provides an in-depth look at the stance the Daily News took in response to the city's civil rights struggles, including the many fiery editorials he penned condemning the KKK's actions and urging peaceful relations in Bogalusa. Major's richly detailed personal account offers a ground-level view of the challenges local journalists faced when covering civil rights campaigns in the Deep South and of the role played by the press in exposing the nefarious activities of hate groups such as the Klan.

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.

As the European Union undergoes a major, self-proclaimed democratic exercise - the Conference on the Future of Europe - and approaches Treaty change, this volume offers a new model of citizen participation to address Europe's long-standing democracy challenge, and respond to the aftermath of the COVID-19 pandemic. Proposed are a set of democratic innovations, ranging from citizens' assemblies to regulatory gaming to citizens' initiatives and lobbying, which are complementary, not antagonistic, to existing representative democracy across the European continent. These innovations are emerging bottom-up across the continent and getting traction at local, national and EU level in a new era powered by technology. This book brings together academics as well as practitioners to give a forward-looking, holistic view of the realities of EU citizen participation across the spectrum of participatory opportunities. They all converge in arguing that, after many years of proven experimentation, the EU must institutionalize supranational, participative and deliberative, democratic channels to complement representative democracy and each other, and ultimately improve the effectiveness of EU citizen participation. While this institutional approach will not magically treat the EU democratic malaise, it should make the system more intelligible, accessible, and ultimately responsive to citizen demand-without necessarily undertaking Treaty reform. The attempt to harness citizen participation to help address the current EU crisis needs the type of multi-faceted approach presented in this book. One that recognises the potential of existing and new democratic mechanisms, and also, importantly, the links between different instruments of citizen participation to improve the overall quality of EU's democratic system.

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

One cannot imagine a world stripped of social interaction. Our lives are intimately linked to those of others and we need to establish ground rules to regulate our interactions. These rules are rooted in values, morals and fundamental rights; they are the beacons according to which we navigate our lives. But these ground rules are not cast in stone. Our contemporary world is characterised by constant change that seems to engulf every aspect of our lives. All around us we see social systems crumbling as moral decay and disrespect for ethics set in. These disruptive changes compel us to reflect on values and human rights and the ground rules that anchor our lives and the community we serve. Hence, we are confronted with the question: how do we recreate morality and ethical behaviour to ensure that human rights are more than word in the Constitution? This book explores human issues in a quest to understand values, morals and human rights. It aims to help all of us - but especially students and teachers - develop an understanding of this complex world in which we must rediscover, redefine and reinvent values and human rights in order to build our fragile democracy. Only through rediscovery and understanding can we help learners and our social institutions develop a well-articulated approach to values and human rights in education. In the final analysis, it is not so much about teaching and learning values and human rights, as it is about living values and human rights and allowing them space to grow in society.

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

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 the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.

This book develops new ways of thinking beyond the nation as a form of political community by seeking to transcend ethnonational categories of 'us' and 'them'. Drawing on scholarship and cases spanning Pacific Asia and Europe, it steps outside assumptions linking nation to state. Accessible yet theoretically rich, it explores how to think about nationhood beyond narrow binaries and even broader cosmopolitan ideals. Using cutting-edge critical research, it fundamentally challenges the positive connotations of British patriotism and UK politics' increasingly shrill anti-immigrant discourse, pointing to how these continue to reproduce vocabularies of belonging that are dependent on ethnonational and racialised categorisations. With a cross-continental focus, this book offers alternative ways of thinking about togetherness and belonging that are premised on mobility rather than rootedness, thereby providing a constructive agenda for critical nationalism studies.

'An intelligent, sensitive writer' - Financial Times Palestine has been under attack for three quarters of a century. The 'peace process' that has favoured the two-state solution for more than forty years has now been internationally exposed as masking the expansion of Israel's apartheid regime. 75 years ago, Ghada Karmi and her family in Jerusalem were among the hundreds of thousands of Palestinians who were exiled during the Nakba. She has since become one of the most vocal proponents of the single democratic state in Palestine-Israel. In this book, Karmi powerfully argues that this is the best possible settlement for the Palestinians, including the refugees; imagining a single secular state in historic Palestine, all of whose inhabitants would enjoy the same rights. Uniting the land - from the Mediterranean Sea to the River Jordan - and allowing the Palestinian right of return is the only way to end the exclusive and antidemocratic character of the Israeli state. Ghada Karmi's eloquent and moving writing shows that Palestinians refuse to meekly accept the fate created for them by others, and that they will never give up fighting for their home.