Linking critical legal thinking to constitutional scholarship and a practical tradition of US lawyering that is orientated around anti-poverty activism, this book offers an original, revisionist account of contemporary jurisprudence, legal theory and legal activism. The book argues that we need to think in terms of a much broader inheritance for critical legal thinking that derives from the social ethics of the progressive era, new left understandings of "creative democracy" and radical theology. To this end, it puts jurisprudence and legal theory in touch with recent scholarship on the American left and, indeed, with attempts to recover the legacies of progressive era thinking, the civil rights struggle and the Great Society. Focusing on the theory and practice of poverty law in the period stretching from the mid-1960s to the present day, the book argues that at the heart of both critical and liberal thinking is an understanding of the lawyer as an ethical actor: inspired by faith or politics to appreciate the potential and limits of law in the struggle against economic inequality.

In the ten years of the Cultural Revolution, political persecutions, violation of rights, deprivation of freedom, violence and brutality were daily occurrences. Especially striking is the huge number of ordinary civilians who were involved in inflicting pain and suffering on their comrades, colleagues, friends, neighbors, and even family members. The large-scale and systematic form of violence and injustice that was witnessed differs from that in countries like Chile under military rule or South Africa during apartheid in that such acts were largely committed by ordinary people instead of officials in uniforms. Mok asks how we should assess the moral responsibility of these wrongdoers, if any, for the harm they did both voluntarily and involuntarily. After the death of Chairman Mao, there was a trial of the Gang of Four, who were condemned as the chief perpetrators of the Cultural Revolution. Besides, tens of millions of officials and cadres who were wrongly accused and unfairly treated were subsequently cleared and reinstated under the new leadership. However, justice has not yet been fully done because no legal or political mechanism has ever been established for the massive number of civilian perpetrators to answer for all sorts of violence inflicted on other civilians, to make peace with their victims, and to make amends. The numerous civilians who participated need to come to terms with the people they wronged in those turbulent years. Justice in general and transitional justice in particular may still be pursued by taking the first steps to clarify and identify the moral burden and responsibility that may legitimately be ascribed to the various types of participant. This book will be of interest to anyone who studies the Cultural Revolution of China, especially those who are concerned with the ethical dimension.

This book offers a novel and contemporary examination of the 'responsibility to protect' (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P's three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks - including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility - to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P's application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine's strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.

The new edition of this market-leading textbook includes a revised introduction and updated chapters with new research and insights. Four new case studies of twenty-first-century genocides bring this horrific history up to the present moment: the genocide perpetrated by the government during Argentina's "Dirty War," the genocide of the Yazidis by the Islamic State of Iraq and Syria (ISIS), genocidal violence against the Rohingya in Myanmar, and China's genocide of the Uyghurs. Powerful survivor testimonies bring the essays to life and help readers grapple with the difficult lessons presented throughout the book.

This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia's democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of 'bottom-up' approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia's democracy and human rights' institutions, the book provides a significant contribution to current understandings of Indonesia's democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

This title was first published in 2003. The authors of the essays in this collection, all internationally recognised refugee scholars and practitioners, look at the controversial "hot" topic of refugee rights. They consider whether, 50 years after its agreement, the Refugees' Convention can provide an adequate framework for protection. In particular, the authors address: the effect of globalization upon the human rights of asylum seekers and refugees; the efficacy of the Convention as an instrument of international law; the role of the UNHCR; whether NGOs are effective instruments for change; and nationality and citizenship issues. They also consider alternatives and options for solutions to the global refugee problem.

This title was first published in 2003. The series of volumes prepared by UNESCO for teaching human rights at higher education level comes to a conclusion with the publication of this volume. "Human Rights: International Protection, Monitoring, Enforcement" takes an institutional approach to the international protection of human rights, examining first the United Nations system, which may be seen as universal, and then analysing regional systems of protection. A useful source of information on the protection of human rights, the volume can also be employed as a practical guide to the use of existing procedures in the defence of human rights.

This book surveys secondary literature on the biggest questions that have animated the field of Islamic law since its beginnings. It offers scholars and graduate students a comprehensive and authoritative state-of-the-art review of research in a particular area.

This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States' refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

This title was first published in 2002. Gender has become a culturally laden signifier. Sometimes used to differentiate the social from the biological, gender itself has become gendered. In common parlance gender issues often slide inexorably into women's issues and are in that way designated as marginal and outside the concerns and lives of ordinary men and women. In this book, signifiers such as gender, worker and family are unpacked and suggestions are made as to how common usage of these signifiers reinforce existing practices and act as barriers to change. Some of these changes are legal, others are social and others are driven by political and policy agendas. By looking at five areas: equal opportunity law, family law, industrial relations law, social welfare law and taxation law, which are all profoundly gendered, the author examines ways in which men and women see their roles and choices and how these are related to the state, as citizens. The author then examines the definition of citizenship and looks in detail at the concept of the unencumbered citizen, who is unencumbered by interpersonal obligations, responsibilities and beliefs, using comparative material from Australia, North America and the United Kingdom.

There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.

This title was first published in 2002.This book offers an intriguing examination of the law concerning liability for psychiatric injury suffered by employees in the workplace. Included among these are employees confronting the risk of death or injury in the course of their normal employment, such as police or fire-fighters, those confronting death or injury out of their ordinary course of employment, such as accidents at work, and those possibly exposed to health-threatening circumstances, such as dust in the workplace. Also considered are employees who suffer mental health problems resulting from environmental factors, such as bullying, overwork and disciplinary measures. The amount of damages recovered in such actions can be substantial and this book examines the extent of the employer's liability, as well as providing a psychiatric medicine perspective and a detailed analysis of the current state of the law in England, Wales and Australia.

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs' point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China's behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

This fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in armed conflicts across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts - Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms - the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field. This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field. Contributors include: G. Bartolini, P. Benvenuti, M. Bothe, A.A. Cancado-Trindade, E. Cannizzaro, J. d'Aspremont, E. David, F. De Vittor, G. Distefano, T. Ferraro, G. Gaggioli, R. Giuffrida, R.K. Goldman, V. Gowlland-Debbas, A.-L. Graf-Brugere, H.-J. Heintze, J.-M. Henckaerts, M. Hertig Randall, I. Ingravallo, W. Kalin, R. Kolb, S. Krahenmann, D. Kuwali, L. Moir, M. Nowak, D. Scalia, E. Schwager, D.L. Tehindrazanarivelo, H. Tigroudja, C. Tomuschat, G. Torreblanca, E. Tranchez, L. Vierucci, C. Wiesener

This title was first published in 2003. Meticulously documenting Intra-state violence and the responses to it from a global perspective, this volume deals with a core element of future global governance within its historical and sociological context. It provides a striking analysis of the prevention of violence and resolving conflict, elaborating on the role that key regional and international organizations (e.g. UN, OSCE, COE, OAU-AU and OSA) have or should have in the prevention of violence and terrorism, as well as in the protection of human and minority rights. The work is an invaluable addition to the collections of scholars and students in the fields of peace and conflict research, international relations, sociology, ethnic studies, international law and development research.

Over the past two decades or so, legal literature has devoted much attention to various human rights issues at both the national and international levels. Yet there has been comparatively little written on the concept and importance of individual duty within the human rights discourse. This book attempts to comprehensively and systematically examine the corollary of human right - the principle of individual duty - from a number of different perspectives, including history, the law (principally international human rights and humanitarian law and national constitutional law), philosophy, jurisprudence, religion, and ethics. The author attempts to demonstrate that a greater emphasis upon individual duties is consistent with a cultural relativist critique, natural law theory, the experience of national legal systems and regional human rights systems, certain socio-political philosophies and conventional sociological postulates, and the dictates of good public policy. The author urges the assignment of a greater, indeed revived, role for the principle of individual duty in order to achieve a more salutary balance between rights and duties and in the relationship between individual freedom and the welfare of the general community.

This book addresses the European Court of Human Rights' fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences increasing on appeal. On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court's jurisprudence.

Torture against dissidents, the absence of voting rights in many countries and a host of other crimes would lead many to believe that the world has no human rights legislation. Anthony Woodiwiss explores how human rights can be made to work more effectively in all parts of the world.

This book stems from the worrying scale and intensity of conflicts, humanitarian crises, and human rights violations around the world, which can be seen in a wide range of global hotspots including Venezuela, Yemen, Syria, Myanmar, Sudan, Eritrea, and numerous others. These developments are also relevant for Europe, given the large-scale migrations they can produce. In order to effectively respond to them, it has become imperative to analyse ways in which space data and technologies can be used to uphold human rights and monitor violations. Various international tribunals, such as the International Court of Justice (ICJ) and the International Criminal Court (ICC), are increasingly relying on satellite data and especially images when considering human rights violations cases. This use of space-related technologies represents a trend that promises to continue as the range and accuracy of space-derived data improves. Further, satellite data has important legal implications because it allows the fulfilment of international obligations to be monitored, and offers a powerful tool for dispute resolution. Accordingly, this book examines the use of satellite images for cases concerning human rights violations, since the multitude of humanitarian crises worldwide demonstrate that it is of the utmost importance to analyse how space law, policies and space-related applications could further support the implementation and monitoring of the observance of human rights, thus contributing to enhanced security and sustainable development. A range of relevant areas, such as migration, refugees (including settlements and whether they are adequately supplied with basic necessities), water distribution and quality, housing and settlement monitoring are crucial aspects addressed in this book. In closing, the use of satellite data for legal purposes is not without its fair share of problems and concerns, which are also considered to guide the evolution of this emerging field.

This title was first published in 2003. Environmental Human Rights redefines the political, ethical and legal relationships between the environment and human rights to claim the human rights to an environment free from toxic pollution and to natural resources. Through a focus on the operational dynamics of social power, this compelling book details how global capitalism subjugates concerns of human security and environmental protection to the values of allocative efficiency and economic growth. The capacity of social power to construct ethical norms and to determine the efficacy of law is examined to explain how ethical and legal concepts have been selectively applied to accommodate existing patterns of production, consumption and exchange that cause environmental degradation and human rights violations. By looking at how environmental values have been systematically excluded from the human rights discourse, the book claims that human rights politics and law has been constructed on double standards to accommodate the destructive forces of capitalism.

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

* Presents a novel approach to the study of legal change;

Making a forceful case for political poetry as poetry, Nelson brings to bear his extraordinary knowledge of American poets, radical movements, and social struggles in order to bring out an undervalued strength in a literature often left at the canon's edge. Richly detailed and beautifully illustrated with period engravings and woodcuts, Revolutionary Memory brings that chorus dramatically to life and set a cultural agenda for future work.