This book presents a creative synthesis of two ostensibly disparate fields of law - arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena - exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties' right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.

"This is the first book to offer a systematic analysis of human rights in the 21st century. The chapters, written from diverse methodological perspectives, provide rich and varied insights on vital questions concerning the resiliency, weaknesses, and prospects of human rights today"--Provided by publisher.

This book explores in what ways both sides involved in the so-called war on terror are using schoolchildren as propaganda tools while putting the children's security at grave risk. The book explores how terrorists use attacks on education to attempt to destabilize the government while the government and the international aid community use increases in school attendance as an ostensible index of largely illusory progress in the overall security situation and in development. The book challenges the notion that unoccupied civilian schools are not entitled under the law of armed conflict to a high standard of protection which prohibits their use for military purposes. Also examined are the potential violations of international law that can occur when government and education aid workers encourage and facilitate school attendance, as they do, in areas within conflict-affected states such as Afghanistan where security for education is inadequate and the risk of terror attacks on education high.

This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.

This book demonstrates the importance of a duty-based approach to morality. The dominance of what has been labeled "rights talk" leads to the neglect of duties without corresponding rights (e.g., duties of virtue) and stimulates the proliferation of questionable human rights. Therefore, this book argues for a duty-based perspective on morality in order to, first, salvage duties of virtue, and, second, counter the trend of rights-proliferation by providing some conceptual clarity concerning rights and duties that will enable us to differentiate between genuine and spurious rights-claims. The argument for this duty-based perspective is made by examining two particularly contentious duties: duties to aid the global poor and civic duties. These two duties serve as case studies and are explored from the perspectives of political theory, jurisprudence and moral philosophy. The argument is made that both these duties can only be adequately defined and allocated if we adopt the perspective of duties, as the predominant perspective of rights either does not recognize them to be duties at all or else leaves their content and allocation indefinite. This renewed focus on duties does not wish to diminish the importance of rights. Rather, the duty-based perspective on morality will strengthen human rights discourse by distinguishing more strictly between genuine and inauthentic rights. Furthermore, a duty-based approach enriches our moral landscape by recognizing both duties of justice and duties of virtue. The latter duties are not less important or supererogatory, but function as indispensable complements to the duties prescribed by justice. In this perceptive and exceptionally lucid book, Eric Boot argues that a duty-focused approach to morality will remedy the shortcomings he finds in the standard accounts of human rights. The study tackles staple philosophical topics such as the contrasts between duties of virtue and duties of justice and imperfect and perfect obligations. But more importantly perhaps, it also confronts the practical question of what our human rights duties are and how we ought to act on them. Boot's book is a splendid example of how philosophy can engage and clarify real world problems. Kok-Chor Tan, Department of Philosophy, University of Pennsylvania A lively and enjoyable defence of the importance of our having duties to fellow human beings in severe poverty. At a time when global justice has never been more urgent, this new book sheds much needed light. Thom Brooks, Professor of Law and Government and Head of Durham Law School, Durham University

This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU's mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.

A study of gult from the 13th century to 1910 revealing much about the history of highland Christian Ethiopia. Gult, a system of land tenure encompassing both taxation and tribute, is unique to highland Ethiopia. It was through this that Ethiopian states and their rulers affected the lives of ordinary people. US, Canada & rest of world (exc. UK, Commonwealth & Europe) : University of Illinois Press Ethiopia: Addis Ababa University Press

We can heal our communities--one friendship at a time. Everyone wants to do something to improve race relations, but many of us don't know where to start. In Life-Changing Cross-Cultural Friendships, lifelong friends Gary Chapman and Clarence Shuler will show you how. Through important lessons they have learned, you will learn how to begin and grow authentic friendships across racial and ethnic barriers. Each chapter will guide you toward deeper understanding of what it takes to foster cross-cultural friendships. These powerful lessons include: How to overcome the fear of developing cross-cultural friendships How to differentiate true friends from mere acquaintances How Jesus initiated cross-cultural relationships The first two steps to your own cross-cultural friendship Three ways to resolve conflict in a cross-cultural friendship How to make friendships last a lifetime Chapman and Shuler challenge every reader to join a movement, the Cross-Cultural Friendship Challenge, and begin changing the world one friendship at a time.

This book presents current research in the political ecology of indigenous revival and its role in nature conservation in critical areas in the Americas. An important contribution to evolving studies on conservation of sacred natural sites (SNS), the book elucidates the complexity of development scenarios within cultural landscapes related to the appropriation of religion, environmental change in indigenous territories, and new conservation management approaches. Indigeneity and the Sacred explores how these struggles for land, rights, and political power are embedded within physical landscapes, and how indigenous identity is reconstituted as globalizing forces simultaneously threaten and promote the notion of indigeneity.

Violence against women is a major problem in all countries, affecting women in every socio-economic group and at every life stage. Nowhere in the world do women share equal social and economic rights with men or the same access as men to productive resources. Economic globalization and development are creating new challenges for women's rights as well as some new opportunities for advancing women's economic independence and gender equality. Yet, when women have access to productive resources and they enjoy social and economic rights they are less vulnerable to violence across all societies. The Political Economy of Violence against Women develops a feminist political economy approach to identify the linkages between different forms of violence against women and macro structural processes in strategic local and global sites - from the household to the transnational level. In doing so, it seeks to account for the globally increasing scale and brutality of violence against women. These sites include economic restructuring and men's reaction to the loss of secure employment, the abusive exploitation associated with the transnational migration of women workers, the growth of a sex trade around the creation of free trade zones, the spike in violence against women in financial liberalization and crises, the scourge of sexual violence in armed conflict and post-crisis peacebuilding or reconstruction efforts and the deleterious gendered impacts of natural disasters. Examples are drawn from South Africa, Kenya, the Democratic Republic of Congo, China, Ciudad Juarez in Mexico, the Pacific Islands, Argentina, Eastern Europe, Central Asia, Haiti, Sri Lanka, Indonesia, New Zealand, Ireland, the United Kingdom, the United States and Iceland.

Winner of the 2013 Frank S. and Elizabeth D. Brewer Prize presented by the American Society of Church History Mississippi Praying examines the faith communities at ground-zero of the racial revolution that rocked America. This religious history of white Mississippians in the civil rights era shows how Mississippians' intense religious commitments played critical, rather than incidental, roles in their response to the movement for black equality. During the civil rights movement and since, it has perplexed many Americans that unabashedly Christian Mississippi could also unapologetically oppress its black population. Yet, as Carolyn Renee Dupont richly details, white southerners' evangelical religion gave them no conceptual tools for understanding segregation as a moral evil, and many believed that God had ordained the racial hierarchy. Challenging previous scholarship that depicts southern religious support for segregation as weak, Dupont shows how people of faith in Mississippi rejected the religious argument for black equality and actively supported the effort to thwart the civil rights movement. At the same time, faith motivated a small number of white Mississippians to challenge the methods and tactics of do-or-die segregationists. Racial turmoil profoundly destabilized Mississippi's religious communities and turned them into battlegrounds over the issue of black equality. Though Mississippi's evangelicals lost the battle to preserve segregation, they won important struggles to preserve the theology that had sustained the racial hierarchy. Ultimately, this history sheds light on the eventual rise of the religious right by elaborating the connections between the pre- and post-civil rights South.

While bus boycotts, sit-ins, and other acts of civil disobedience were the engine of the civil rights movement, the law was a primary context. Lawyers played a key role during the profound social upheavals, and the twenty-six contributors to this volume reveal what it was like to be a southern civil rights lawyer in this era. These eyewitness accounts provide unique windows onto the most dramatic moments in civil rights history, illuminating the legal fights that heralded the 1965 Selma March, the first civil judgment against the Ku Klux Klan, the creation of ballot access for blacks in Alabama, and the 1968 Democratic Convention. White and black, male and female, Northern- and Southern-born, these lawyers discuss both the abuses they endured and the barriers they broke as they helped shape a critical chapter of American history.

This book explores the consequences of lowering the voting age to 16 from a global perspective, bringing together empirical research from countries where at least some 16-year-olds are able to vote. With the aim to show what really happens when younger people can take part in elections, the authors engage with the key debates on earlier enfranchisement and examine the lead-up to and impact of changes to the voting age in countries across the globe. The book provides the most comprehensive synthesis on this topic, including detailed case studies and broad comparative analyses. It summarizes what can be said about youth political participation and attitudes, and highlights where further research is needed. The findings will be of great interest to researchers working in youth political socialization and engagement, as well as to policymakers, youth workers and activists.

Immigration and refugee policies have traditionally been based on two assumptions: first, that national sovereignty implies absolute control of a country's borders and, second, that outsiders are to be admitted only when it serves the national interest. Moral or ethical concerns have not played a central role in policy formation anywhere in the world. This collection of essays challenges the traditional politically oriented position, analyzes the moral issues involved, and develops models for morally responsible immigration and refugee policies in a contemporary political setting. The editor's introduction reviews the history of U.S. immigration policy and provides a framework for considering immigration control issues. Written by leading authorities on immigration and refugee policy, this provocative volume offers an honest, sensitive exploration of some of the most difficult questions facing contemporary society. It will be of interest for studies in ethics, human rights, public policy, and political economy, as well as to general readers concerned with immigration and refugee issues.

This book explores the alleged uniqueness of the European experience, and investigates its ties to a long history of LGBT and queer movements in the region. These movements, the book argues, were inspired by specific ideas about Europe, which they sought to realize on the ground through activism.

Local participation can and does influence the political process. Local Politics and Participation in Britain and France, first published in 1990, provides a unique comparative study of the involvement of average citizens in local politics and government between national elections. The work of Professor Mabileau and his colleagues will illuminate the nature of contemporary processes of participation at a time when the local level of government, administration and participation democracy are topics of renewed interest in all Western democracies. French and British teams explore the salient differences between the two local government systems - both of which have been reformed. Through a series of local case studies, they examine levels of individual and group participation, mobilisation into single-issue protest groups, links between councillors and the local electorate, and the importance of local context in participation patterns. Local Politics and Participation in Britain and France is a product of collaborative research carried out at the Universities of Manchester and Bordeaux. The results are based on surveys of ordinary people as well as on interviews with local leaders. They will be equally of interest to academics - students and specialists of British and French politics, local government, participation and democratic theory - and to local party workers and activists.

Science fairs, clubs, and talent searches are familiar fixtures in American education, yet little is known about why they began and grew in popularity. In Science Education and Citizenship, Sevan G. Terzian traces the civic purposes of these extracurricular programs for youth over four decades in the early to mid-twentieth century. He argues that Americans' mobilization for World War Two reoriented these educational activities from scientific literacy to national defense -- a shift that persisted in the ensuing atomic age and has left a lasting legacy in American science education.

America in the Philippines, 1899-1902: The First Torture Scandal analyzes the US army's use of the 'water cure' torture in the Philippine War and the ensuing political scandal that resulted. Drawing on primary source documents to construct a detailed narrative history of the events, the book also proposes an original theory for the causes of torture, which emphasizes the moral agency of low-level actors. Einolf uses the historical debate to illuminate theories of present-day human rights advocacy. The conclusion relates the Philippine War case to the more recent use of torture under the George W. Bush administration and makes recommendations for researchers and advocates.

Citizenship is a phenomenon that encompasses the relationships between the state and individuals, rights and responsibilities and identity and nationhood. Yet the relationship between citizenship and childhood has gone relatively unexplored. This book examines this relationship by situating it within the historical development of modern forms of citizenship that have formed contemporary Western notions of childhood and citizenship. The book also engages with recent political and social theory to rethink our current view of citizenship and develops an understanding that emphasises social interdependence and calls for a concomitant re-evaluation of our public spaces that facilitates the recognition of children as participating agents within society.

The human right to survive and develop, a fundamental premise of the "U.N. Convention on the Rights of the Child," can be attained only if adequate living conditions are secured for the child. This book reviews the significance of the physical, mental, spiritual, moral, and social aspects of holistic child development called for by Article 27 of the "Convention." The editors share a vision of childhood wherein the child is accorded dignity, and opportunities exist to promote advancement of human potential. Contributors from several nations and a variety of disciplines, including psychology, law, social work, medicine, economics, and international studies, address the challenge of identifying adequate living conditions across cultures and discuss issues affecting communities and governments as they attempt to fulfill their responsibilities to children and their families. Key themes throughout the book are the significance of the child's perspective, the primacy of the family environment, the need to balance the interests of diverse cultures while reducing historical inequities, and the ecological interdependence of children, families, communities, and nations. The editors and contributors call for organized social and political action to realize the child's right to develop, including ways to measure and monitor children's well-being beyond survival.

Mississippi is a unique case study as a result of its long-standing defiance of federal civil rights legislation and the fact that nearly half its population was black and relegated to second-class citizenship. According to the vast majority of Mississippi daily press editorials examined between 1948 and 1968, the notion that blacks and whites were equal as races of people was a concept that remained unacceptable and inconceivable. While the daily press certainly did not advocate desegregation, in contrast to what many media critics have reported about the Southern press promoting violence to suppress civil rights activity, Mississippi daily newspapers never encouraged or condoned violence during the time periods under evaluation. Weill places coverage of these important events within a historical context, shedding new light on media opinion in the state most resistant to the precepts of the civil rights movement. This is the first comprehensive examination of civil rights coverage and white supremacist rhetoric in the Mississippi daily press during five key events: the 1948 Dixiecrat protest of the national Democratic platform; the Brown v. Board of Education Supreme Court decision to desegregate public schools in 1954; the court-ordered desegregation of Ole Miss in 1962; Freedom Summer in 1964; and the assassination of Martin Luther King, Jr., in 1968. From nearly 5,000 issues of Mississippi daily newspapers, more than 1,000 editorials and 7,000 news articles are documented in this volume.

This book argues that we need to focus attention on the ways that workers themselves have invested subjectively in what it means to be a worker. By doing so, we gain an explanation that moves us beyond the economic decisions made by actors, the institutional constraints faced by trade unions, or the power of the state to interpellate subjects. These more common explanations make workers and their politics visible only as a symptom of external conditions, a response to deregulated markets or a product of state recognition. Instead - through a history of retailing as a site of nation and belonging, changing legal regimes, and articulations of race, class and gender in the constitution of political subjects from the 1930s to present-day Wal-Mart - this book presents the experiences and subjectivities of workers themselves to show that the collective political subject 'workers' (abasebenzi) is both a durable and malleable political category. From white to black women's labour, the forms of precariousness have changed within retailing in South Africa. Workers' struggles in different times have in turn resolved some dilemmas and by other turn generated new categories and conditions of precariousness, all the while explaining enduring attachments to labour politics.

The book questions the classic idea of self-determination - the right to self-determination is a right of peoples, not of minorities - by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

Does an offender have the "right" to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the "right" to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the "right" to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In modern criminal law, the imposition of criminal liability follows accurate and strict rules, whereas there are no similar rules for the imposition of punishment. The process of sentencing is vague and obscure, as are the considerations used for the imposition of punishments. The objective of the present book is to propose a comprehensive, general, and legally sophisticated theory of modern doctrinal sentencing. The challenges of such a legal theory are plenty and complex. In addition to increasing clarity and certainty, modern doctrinal sentencing must deal with modern types of delinquency (e.g. organized crime, recidivism, corporate offenders, high-tech offenses, etc.) and modern principles of criminal law. Modern doctrinal sentencing must serve to ensure optimal sentencing.

This book illustrates the parallel struggles among Blacks in the US and the Caribbean for equality and greater political participation and equal treatment during the 1960s and 1970s. In recounting the historical evolution of the Civil Rights and Black Power Movement, this book focuses on lesser-known individuals and groups such as the Students for Racial Equality. Jerome Teelucksingh argues that these personalities and smaller organizations made valid contributions to the betterment their respective societies, connecting their work to both the cultural and social justice history of Civil Rights and to the contemporary struggles of cultural and political experience of Blacks in American and Caribbean society. The book also distinctively illustrates the contributions of Whites, ethnic minorities and non-Christians in a diverse campaign for greater political participation, better governance, poverty reduction, equality and tolerance.