EU Asylum and Immigration Law examines in detail the EU legislation and case law on the issues of immigration, asylum, visas and border controls, discussing the impact and ongoing development of EU law in these complex and controversial areas. The updated edition particularly covers new EU legislation, case law, and operational developments since 2010 on: internal border checks; external border controls; visa lists; litigation to obtain a visa; the Schengen Information System; the Visa Information System; family reunion; non-EU students; long-term residents; all aspects of refugee law (including the definition of 'refugee' and subsidiarity protection, the rights of asylum-seekers, and Member States' responsibility for asylum-seekers); and irregular migrants' rights. It also covers the institutional framework for these issues, the related human rights aspects, and the connections with other areas of EU law, like the free movement of EU citizens. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.

The Elgar Encyclopedia of Human Rights is the most comprehensive reference work in the field of international human rights protection. Comprising over 340 entries, presented alphabetically, and available online and in print, the Encyclopedia addresses the full range of themes associated with the study and practice of human rights in the modern world. Topics range from substantive human rights to the relevant institutions, legal documents, conceptual and procedural issues of international law and a wide variety of thematic entries. The Encyclopedia has a distinct focus on international human rights law but at the same time is enriched by approaches from the broader social sciences, making it a truly unique and multi-disciplinary resource. The Encyclopedia boasts an incredibly diverse author team, featuring contributions from close to 300 scholars and practitioners from more than 65 countries, representing all regions of the world. Contributors include leading experts in their respective fields - among them current and former UN Special Rapporteurs and Independent Experts, renowned academics, judges of national, international and regional (human rights) courts, members of universal and regional human rights bodies, members of the International Law Commission, as well as legal advisors of foreign offices and international and non-governmental organizations. Key Features: Over 340 entries Entries organized alphabetically for ease of navigation Fully cross-referenced Entries written by practitioners and scholars from around the world World class editorial team

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.

THE BRITISH BOOK AWARDS NON-FICTION BOOK OF THE YEAR 2017 SUNDAY TIMES TOP 10 BESTSELLER When he receives an invitation to deliver a lecture in the Ukrainian city of Lviv, international lawyer Philippe Sands begins a journey on the trail of his family's secret history. In doing so, he uncovers an astonishing series of coincidences that lead him halfway across the world, to the origins of international law at the Nuremberg trial. Interweaving the stories of the two Nuremberg prosecutors (Hersch Lauterpacht and Rafael Lemkin) who invented the crimes or genocide and crimes against humanity, the Nazi governor responsible for the murder of thousands in and around Lviv (Hans Frank), and incredible acts of wartime bravery, EAST WEST STREET is an unforgettable blend of memoir and historical detective story, and a powerful meditation on the way memory, crime and guilt leave scars across generations. * * * * * 'A monumental achievement: profoundly personal, told with love, anger and great precision' John le Carre 'One of the most gripping and powerful books imaginable' SUNDAY TIMES Winner: Baillie Gifford Prize for Non-fiction JQ-Wingate Literary Prize Hay Festival Medal for Prose

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations. By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military's place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers. Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.

This comprehensive Commentary provides an in-depth analysis of each of the 31 UN Guiding Principles on Business and Human Rights, as well as the 10 Principles for Responsible Contracts. It engages in both a legal and contextual examination of the Principles alongside their application to real world practices at both the domestic and international levels. Key Features: One of the first detailed considerations of each of the Principles for Responsible Contracts Contributions from more than 40 leading international academics and practitioners in the field Discussion of legal and regulatory instruments as well as case law emanating from the Principles Offers information on interpreting, analysing, and using the UNGPs and the Principles for Responsible Contracts in a centralized accessible format. Practitioners, including government officials, who are responsible for corporate governance and human rights issues will find this Commentary invaluable for its systematic analysis of the obligations of both States and corporations. It will also be of interest to academics and those working for NGOs in the area of business and human rights, as well as businesses themselves looking to incorporate sustainability initiatives into their corporate practices.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research. This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues. Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law's effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice. This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations. By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military's place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers. Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.

Now in its second edition, Dinah Shelton's pioneering book provides a uniquely accessible introduction to the history and the latest developments in international human rights law. Exploring the origins, customs and institutions that have emerged globally and regionally in the last two centuries, this incisive book guides readers through the major treaties and declarations that form the foundations of the discipline today. Key features of this rigorously revised second edition include: Balanced, interdisciplinary coverage of both regional and international variations in human rights law, probing current challenges to the global regime Concise yet scrupulous coverage of historical and philosophical themes that have culminated in the present legal regime Updated statistics and ratification numbers to elucidate recent developments in human rights law. Succinct and cutting-edge, this second edition will be an invaluable guide for seasoned academics and researchers in the field, as well as students at all levels who require a comprehensive introductory text. Its practical insights and key statistical data will also provide a versatile reference point for practitioners in the field.

Business and human rights (BHR) is a rapidly developing field at the intersection of business, law, and public policy. Teaching Business and Human Rights is a practical guide and resource for the growing community of BHR teachers, students, and practitioners – from advocates and policymakers to business managers and investors. Chapter authors explain common BHR topics, suggest teaching approaches that work in the classroom, and identify helpful teaching resources. Chapters cover the building blocks of a BHR curriculum: foundational topics including corporate responsibility, human rights, and human rights due diligence; tools, such as legislation and litigation, to provide remedy and hold companies accountable for their human rights impacts; and the specific rights affected by businesses in different industries. Teaching BHR effectively has the potential to improve the protection of human rights as more individuals in the private sector, government and civil society work to advance the corporate responsibility to respect human rights. Professors and students, practitioners in the private sector, government and civil society, and scholars of BHR will find this thorough and comprehensive resource indispensable.

This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities. Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making. Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.

This timely book builds bridges between the notions of art and aesthetics, human rights, universality, and dignity. It explores a world in which art and justice enter a discussion to answer questions such as: can art translate the human experience? How does humanity link individuality and community building? How do human beings define and look for their identity? The fields of human rights and art are brought together in order to open the discussion. This interdisciplinary book brings together experts in the fields of art, cultural heritage, social justice, human rights, international law, and transitional justice, and presents the idea that a complex interplay between morality, politics, law, and aesthetics remains present in concrete settings such as the rights of cultural creators, the right to artistic expression, art as a catalyst of change in times of conflict, and post-conflict restitutions. Such Chapters offer vignettes of the current debates in the fields of art and human rights, tackling the issues at the confluence of these fields by providing both a general framework to understand the basis upon which the conversation can be built, and also by bringing to the discussion a diverse range of contemporary themes and concrete case analyses. This book will be an ideal read for academics interested in international law, transitional justice and human rights. Historians, lawyers, artists, and activists looking to explore the relationship between art and human rights in times of war, peace, and transition through their assessment of contemporary issues will also benefit from this comprehensive book.

In an age of intolerance where religious persecution is widespread, Barbara Ann Rieffer-Flanagan explores how societies can promote freedom of religion or belief as a fundamental right of citizens Examining the extent of religious persecution throughout the world, this cutting-edge book explores mechanisms to address religious intolerance and develop religious freedom, outlining the necessary factors to measure progress on the protection of this fundamental human right. Chapters explore how freedom of religion or belief can be institutionalized in dispositions, laws, and policies through efforts which limit negative depictions of the religious (or non-religious) Other in public discourse. Rieffer-Flanagan demonstrates how reforms that enhance the ability of civil society actors to operate can also promote freedom of religion or belief, and how states and IGOs can support these efforts. Ultimately, this innovative book proves that reforms must be continually nurtured for freedom of religion or belief to exist in society. With interview-based research and a diverse range of regional case studies, this will be a vital resource for students and scholars of philosophy, religion, human rights law and political science. Considering the role of leaders in the promotion of religious tolerance, the book will also prove invaluable to policymakers concerned with human rights and freedom of religion or belief.

Conceptualizing the nature of reality and the way the world functions, Ekaterina Yahyaoui Krivenko analyzes the foundations of human rights law in the strict subject/object dichotomy. Seeking to dismantle this dichotomy using topo-logic, a concept developed by Japanese philosopher Nishida Kitaro, this topical book formulates ways to operationalize alternative visions of human rights practice. Subject/object dichotomy, Yahyaoui Krivenko demonstrates, emerges from and reflects a particular Western worldview through a quest for rationality and formal logic. Taking a metaphysical and epistemological perspective, this book explores the alternative views of reality and logic, developed by Kitaro, to demonstrate how topo-logic can enable both a theoretical and a practical renewal of human rights and overcome the subject/object dichotomy. Examining the recent growth of social movements, decolonization and diversification of discourses about human rights, and substantive equality, the book identifies these developments in contemporary human rights as indications of a movement towards a topo-logical view beyond the subject/object dichotomy. Students and scholars of critical legal studies, legal theory and philosophy, and international human rights law will find this book to be an invigorating read. Laying ground for the possible renewal and enhancement of human rights law, it will also be a useful resource for practitioners of human rights law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences 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 thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us.

This edited book is the first to reflect on childhood obesity as a global legal challenge. It calls for a thorough commitment to human rights in the face of an ascendant global agri-food industry. The book makes an original contribution to the discussion on obesity as it considers both international economic law and human rights law perspectives on the issue whilst also examining the relationship between these two bodies of international law. After highlighting the importance of a human rights-based approach to obesity prevention, this book discusses the relevance of international economic law to the promotion of healthier food environments. It then examines the potential of international human rights law for more effective regulation of the food industry, arguing for better coordination between UN actors and more systematic reliance on human rights tools, including: the best interests of the child principle, human rights due diligence processes, and the imposition of extraterritorial obligations. The concluding chapter reflects on recurring themes and the added value of a WHO Framework Convention on Obesity Prevention. This book will be of interest to public health scholars, particularly those working on obesity and non-communicable diseases, and those with a broader interest in children's rights, human rights, international trade, investment, consumer or food law and policy. It will also be relevant to policy actors working to improve nutrition and public health globally.

This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.   Edited by Chairs of the UN Committee against Torture and of the UN Subcommittee for Prevention of Torture, this Research Handbook considers both the legal and medical dimensions of torture, as well as societal and philosophical perspectives. Contributions from experts with personal experience of working with torture victims and survivors in medical, legal and political settings survey practice within the UN and regional human rights systems, international criminal and domestic legal settings, and in medical and rehabilitative contexts. These expert perspectives combine to offer a unique range of insights into the realities of tackling torture in the contemporary world.   Critical and timely, the Research Handbook on Torture will prove compulsive reading for students and scholars of human rights. Its practical dimension will also engage practitioners in the field, as well as legal and medical professionals working on torture-related issues.

Brice Dickson examines the engagement of the United Kingdom with international human rights monitorin1g mechanisms, in particular those operated by the United Nations and the Council of Europe since 2000. Dickson explores how these mechanisms work in practice and whether they have any identifiable impact on how human rights are protected in the UK. By analysing the role that monitoring mechanisms are meant to play in enforcing human rights standards, and the UK's commitment to that role, Dickson considers in turn the work of general monitoring mechanisms, mechanisms focused on civil and political rights or on social and economic rights, and mechanisms assessing discrimination based on gender, race, age or disability. The book demonstrates that, while monitoring mechanisms certainly play a crucial role in holding the UK government to account, crediting them with enhancing the protection of any specific right is problematic. Providing a comprehensive study of the operation of international human rights monitoring mechanisms, this book will be an insightful resource for human rights law students and scholars, particularly those concerned with civil, social and non-discrimination rights. Academics interested in public international law and politics will also benefit from this text.

While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons. Scholars in the field of forced migration and law, policy-makers and international agencies will recognize the significance of the author's thorough examination of The Internally Displaced Person in International Law.

This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The international law of fresh water is most comprehensively understood in the light of the different bodies of norms applicable to these varied uses and functions. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses. Yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. The book investigates the origin and scope of these bodies of norms as they apply to fresh water, and demonstrates how they connect and adapt to one another, forming an integrated body of international principles. This approach is accompanied by a detailed analysis of the practice of states and of international organizations, taking into account the activities of the many non-state actors involved in the treatment of fresh water.

This unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory. This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.

This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations. Kuzi Charamba explores the challenges of regulating PMSCs and the significant jurisprudential and practical difficulties that victims face in attaining recourse from PMSCs, whether through state or non-state, judicial or non-judicial mechanisms. In response to these problems, Charamba proposes the introduction of a new victim-focused grievance structure, based on international arbitration. He argues that this will provide for a more robust, inclusive, and participatory governance system to support the effective operation of a globally administered and locally accessible remedial mechanism. Taking a forward-thinking approach, the book also analyses law making and regulation by non-state actors in a globalized world and offers policy and legislative proposals for the reform of the national security sector. Hired Guns and Human Rights will be a valuable resource for students, scholars, and practitioners of international legal theory, international human rights law, global governance, business and human rights, and international dispute resolution. Its focus on both state and non-state responses to human rights grievances against corporations around the world will also benefit policy-makers and international NGOs.

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation. Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance. Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.

Building a thorough and comprehensive understanding of the limits of transitional justice theory, this innovative book proposes a new concept of the transitional justice citizen. Throughout the book, Briony Jones addresses contemporary criticism of transitional justice theory and practice in order to improve our understanding of the agency of people at times of transition. Drawing on three diverse case studies from across the globe, chapters demonstrate how the transitional justice citizen is defined by transitional justice discourse, policy and practice, and through acts of claiming justice such as protests and political violence. Combining in-depth theorization with empirical insights, this perceptive book positions the concept of citizenship within the context of long-term historical political struggle and the contemporary importance of justice. Investigating the current debates and key research gaps in the field of transitional justice, this book will be vital reading for students and scholars of transitional justice, including those focusing on peacebuilding, citizenship, democratization, and political geography. It will also be beneficial for transitional justice practitioners who wish to reflect on their practice and compare their work with other case studies.

Across the world, millions of people are taking to the streets demanding urgent action on climate breakdown and other environmental emergencies. Extinction Rebellion, Fridays for Future and Climate Strikes are part of a new lexicon of environmental protest advocating civil disobedience to leverage change. This groundbreaking book -- also a Special Issue of the Journal of Human Rights and the Environment -- critically unveils the legal and political context of this new wave of eco-activisms. It illustrates how the practise of dissent builds on a long tradition of grassroots activism, such as the Anti-Nuclear movement, but brings into focus new participants, such as school children, and new distinctive aesthetic tactics, such as the mass 'die-ins' and 'discobedience' theatrics in public spaces. Expert international authors offer fresh insights into the strategies and goals of these protest movements, the changing vocabulary of environmental activism, such as the 'climate emergency', and the contribution of specific protest actors, particularly youth and Indigenous peoples. They also consider how some governments have responded to these actions with draconian anti-protest legislation, and by using the Covid-19 pandemic as cover to keep protesters off the streets. The scholarly analyses are complemented with first-hand interviews of some leading protagonists, including Extinction Rebellion leaders and Green Party politicians. The result is an unrivalled analysis of the role of new environmental protest movements seeking to drive a new generation of policies and laws for climate action and social justice. This impressive book will prove an important and insightful read for students and scholars interested in environmental law, climate law, and grass roots activism specifically.