Globally, millions of people suffer health and socio-economic related problems due to the unavailability of controlled essential medicines such as morphine for pain treatment, which leaves them in disabling and sometimes degrading situations. Controlled essential medicines are medicines included in the World Health Organization's List of Essential Medicines, and whose active substance is listed under the international drug-control treaties. Their availability and accessibility therefore fall within the remit of both human rights and international drug-control law. Even though the unavailability of controlled essential medicines is generally caused by a multifaceted and complex interplay of factors, the current international drug-control framework paradoxically hinders rather than fosters the access to medicines.Human Rights and Drug Control analyses a human rights interpretation of the international drug-control framework with an emphasis on advancing the access to controlled essential medicines in resource-constrained countries. Its approach goes beyond the more conventional legal analysis and includes an ethical analysis as well as two case studies in Uganda and Latvia. It first aims to identify a human rights foundation of drug control by examining how human rights norms would balance the underlying tension: some controlled substances have a clear, evidence-based medical benefit, yet also have the potential to be misused, which may lead to dependency disorders. This makes it evident that States should regulate this delicate equilibrium, the challenge being how they can do so legitimately in light of human rights norms.Having explored this premise in the context of human rights law and theory, this book then applies these findings to Uganda and Latvia, two 'best practice' countries when it comes to improving the accessibility of morphine for pain treatment. Relying on qualitative research methods, the study explores whether the human rights basis of drug-control regulation may be adequately integrated into the structures of the present international drug-control system. It specifically deals with various technical, administrative and procedural obligations relating to the import/export and retail trade of controlled medicines. The book concludes with a proposal on how a human rights approach to drug-control may be advanced, specifically highlighting the importance of reconciling international obligations with the local reality in which these obligations come into play.

Over the last decades international and regional human rights norms have been increasingly applied to constitutional provisions, revealing significant tensions between primary political arrangements, such as power-sharing institutions, and human rights norms. This book argues that these tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in such places characterized by ethnically-based political exclusion and inequalities. By introducing the concept of 'collective equality' as a new theoretical basis for the law of peace this timely book proposes a new approach for dealing with the tensions between peace related arrangements and human rights. Through principled, pragmatic, and legal reasoning the book develops a new paradigm that captures more accurately what equality and human rights mean and require in the context of ethno-national conflicts and provides potent guidance for advancing justice and peace in such places.

More than merely describing the evolution of human rights and civil liberties law, this classic textbook provides students with detailed and thought-provoking coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, Fenwick on Civil Liberties and Human Rights considers a number of recent major changes in the law - in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015 - whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media. Comprehensive and authoritative, this textbook offers an essential resource for students on human rights or civil liberties courses, as well as a useful reference for students and scholars of UK Public Law.

The challenge of global hunger is now high on the agenda of governments and international policy-makers. The contributors in this study address that challenge by looking at the obstacles which stand in the way of implementing a right to food in the era of globalization. The right to food, the book argues, can only be realized if governance improves at the domestic level and if the international environment enables governments to adopt appropriate policies. The book's essays demonstrate how improved accountability at the national level and reform of the international economic environment - in the areas of trade, food aid, and investment - go hand-in-hand in the move towards full realization of the right to food, while reforms at domestic level are key in effectively tackling hunger, including reforms that improve accountability of government officials. The current regimes of trade, investment, and food aid, as well as the development of biofuels production - all of which contribute to define the international context in which States implement such reforms - should be reshaped if these national efforts are to be successful. The title - Accounting for Hunger - emphasizes the point that accountability both at domestic and international level must be improved if sustainable progress is to be achieved in combating global hunger. The implication is that the extraterritorial human rights obligations of States - beyond their national territories in their food aid, investment, or trade policies - as well as the strengthening of global governance of food security - as is currently being attempted with the reform of the Committee on World Food Security in Rome - have a key role to fulfill. Domestic reforms will not achieve sustainable results unless the international environment is more enabling of the efforts of governments acting individually. (Series: Studies in International Law - Vol. 36)

This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.

International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.

This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in other states to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.

The attacks of September 11, 2001, the US response and the international community's approval of the subsequent military action represent a new paradigm in the international law relating to the use of force. Previously, acts of terrorism were seen as criminal acts carried out by private, non-governmental entities. In contrast, the September 11 attacks were regarded as an act of war which marked a turning point in international relations and law. This exceptional and timely volume examines the use of force in the war against terror. The work is based on the central theme that the use of force is visibly enrolled in a process of change and it evaluates this within the framework of the uncertainty and indeterminacy of the UN Charter regime. The status of pre-emptive self-defence in international law and how it applies to US policy towards rogue states is examined along with the use of military force, including regime change, as an acceptable trend in the fight against state-sponsored terrorism.

Whilst feminist philosophy has frequently engaged with political theory, this original book instead considers legal theory and the practical operation of law. The work considers some of the contested meanings of what it is to be a self, a person or an individual in relation to the law of obligations. The discussion still impacts upon political theory as it concerns the way in which the question of what it is to be a woman has been defined within recent feminist theory. In order to overcome what appears to be a block in feminist legal theory, the book draws together areas of philosophy which are not normally considered within feminist or legal theory.

Gender equality and the importance of the law in combating discrimination are issues explored by this insightful work. Gender Injustice allows readers a better understanding of the issue of inequality and aims to increase the likelihood of achieving gender justice in the future. It investigates equality in employment for men and women in terms of the law, at both national and international levels, and looks at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in an historical and compelling analysis of women and equality. By providing a detailed examination of the relationship between gender and the law, the book will be an important read for those concerned with equal pay and equal access to employment.

Highly topical in subject matter, Asylum Seekers and the State reveals immigration policy as a political process which has social consequences not only for the newcomer group, but also for the wider receiver society. This work considers the obligations which receiver societies have for considering refugee claims, but at the same time assesses contemporary security concerns; it also provides an introduction to the roles of non-government organizations as stake-holders in the political process. The book also offers a study of the historical and cultural context of immigration in Germany and Australia, which demonstrates the practical impact of these issues. Taking a fresh approach to the issue of asylum seekers and refugees, this book offers unique perspectives from non-state actors as significant brokers and advocates of social and political processes.

This volume presents a comparison of the experiences of NGOs in China and Europe. The chapters on China contain the most comprehensive and up-to-date analysis of various types of NGOs currently active in the country. The contributions on foreign NGOs in China, non-governmental think tanks, public interest legal organizations, labour related NGOs and charity organizations, are the first in English to discuss successful experiences as well as the difficulties they face in the post-Mao era. The European studies draw examples from countries where the experiences of NGOs are at various stages of development. The section on NGOs in Central and Eastern Europe examines the rapid expansion of civil society and their pivotal role in promoting political change and building democracy in a transitional society, as well as the challenges they confront in advancing a strong civil society. Those chapters on NGOs' experiences in Western European countries, especially in the Netherlands and the UK, provide insightful information and examination of the most contentious issues concerning NGOs' accountability, governance and relationship with the government.

How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.

Reconciliation: what makes it possible, what impedes it, how to foster and promote it and how to build the social conditions in which it can flourish? These are pressing questions for an increasingly significant concept in community and international relations. This book is a creative engagement with the central terms of reconciliation - forgiveness, nationhood, conflict resolution, justice and memory - and with approaches to questions of listening and understanding the 'other'. It is premised on the view that an essential pathway to the achievement of reconciliation lies in developing and disseminating critical concepts that capture the nuances of practice. Drawing on fields in the social sciences and humanities, including post structuralism, hermeneutics, subaltern studies and social theory, and elaborated in relation to contemporary sites of conflict and peace-making, this collection brings together a unique range of perspectives on the complex issue of reconciliation while offering responses to the key questions being asked of it today.

Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.

This book of essays by legal scholars from the United Kingdom, Eire, Israel and Palestine explores the extent to which the recognition of the concept of children's rights is affected by adherence to religious, cultural and ethnic traditions. The aim is twofold: first, to illuminate the interface between internationally-agreed norms of conduct regarding children and national and cultural determination to preserve traditional approaches; and secondly, to reflect upon the conflicts within societies between different cultural and religious groups in their attempts to determine whether 'liberal/secular' or 'conservative/religious' norms predominate in attitudes to children's upbringing. This is the first collection of papers covering and comparing the UK and Israeli/Palestinian jurisdictions. The particular blends of social, religious and cultural diversity in both regions, mingled with the political factors operating as well, render these jurisdictions of special interest as case-studies in the reception of 'western/liberal' norms and values. Moreover, Israel and Palestine, despite their manifestly different cultures as compared with Britain, have been influenced by the colonial legacy of the common law, rendering this particular east-west comparison of special interest.

This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.

While the 1990s gave rise to a wealth of literature on the notion of ethical foreign policy, it has tended to simply focus on a version of realism, which overlooks the role of ethics in international affairs, lacking an empirical analysis of foreign policy decision-making, with relation to ethical values in the post-Cold War period. This book addresses this gap in the literature by exploring ethical realism as a theoretical framework and, in particular, by looking at US humanitarian interventions at an empirical level to analyse ethical foreign policy in practice. Furthermore, it moves beyond the debate on legality or legitimacy of humanitarian interventions and focuses on whether a state would intervene for humanitarian purposes. Chang provides a deeper understanding of ethical foreign policy in theory and practice by applying ethical realism as a theoretical framework to evaluate the Clinton administration's foreign policy on humanitarian intervention. She addresses concepts of moral leadership and pragmatic foreign policy in the field of international relations in general and foreign policy analysis in particular.

This book examines the diverse use of Indigenous customary rights in modern landscapes from a multidisciplinary perspective. Divided into two parts, the first deals explicitly with Sami customary rights in relation to nature conservation in the Nordic countries and Russia from a legal and historical perspective. The authors investigate how longstanding Sami customary territorial rights have been reassessed in the context of new kinds of legislation regarding Indigenous people. They also look at the ideas behind the historical models of nature conservation. The second part deals with the ideas and implementation of new kinds of postcolonial models of nature conservation. The case of the Sami is compared with other Indigenous people internationally with cases from Australia, New Zealand, Canada and India. The work investigates how the governance of protected areas has been influenced by the principles of equality and positive discrimination, and how it has affected the possibilities of establishing adaptive co-management arrangements for specific areas. How the legal situation of Indigenous peoples has been recognised in an international context is also investigated. The volume provides a multidisciplinary analysis of how the customary livelihood of Indigenous people has adapted to modern industrialised landscapes and also how postcolonial approaches have contributed to global changes of Indigenous rights and nature conservation models.

As we move further into the 21st century, it is incumbent upon lawyers and law students to understand and manage the complexities of sustainable development. International Development Law: Rule of Law, Human Rights, and Global Finance offers a coherent and systematic overview of the many issues and underlying trends that affect 'international development law' and the underlying legal architecture between developing countries and advanced nations. Professor Sarkar describes how international development works, its shortcomings, its theoretical and practical foundations, along with the prescriptions for the future. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global policy issues.

Victims of crime are still marginalized in criminal law practice, even though an increasingly large number of legislatures have introduced reforms on their behalf. This collection of papers from some of the leading experts in the field sets out to provide a better understanding of the problems associated with restorative justice, with the aim of improving criminal law in the area. Questions asked include whether retribution may be plausibly reinterpreted as restoration by offenders on behalf of victims?; the relationship between criminal law and tort law; and issues relating to the rights of victims.

This volume explores recent developments in the theory and practice of accommodating cultural diversity within democratic constitutional orders. The aim of the book is to provide a broad vision of the constitutional management of cultural diversity as seen through the prisms of different disciplines and experiences, both theoretical and practical. The contributions, which come from Canada and Europe, comprise a review of the evolving theory of cultural diversity, followed by two main case studies: a substantive study of the accommodation of indigenous peoples within different constitutional orders and, secondly, the importance of constitutional interpretation to the development of cultural diversity in complex pluralist democracies such as Australia, Canada and the UK.

With particular focus on the Hindu caste system, this book represents a comprehensive analysis of the elimination of all forms of racial discrimination in international law. It evaluates the strategies that have informed the work of the United Nations in this area, mapping a new path that moves from standard-setting to implementation. Combining legal analysis with the meaning and origin of caste, it explores the remedies human rights law can propose towards the prohibition of caste-based discrimination, and the abolition of the caste system itself. The book provides a benchmark on the achievements of the international community in combating all forms of racial discrimination, and the policies that must inform future measures. With its clear and accessible style this volume will be of interest to scholars of law and human rights, as well as policy-makers and practitioners working in this area.

Brocklehurst's impressive work breaks new ground in normative international political theory. It develops a new theoretical framework which exposes how children are present in international relations and security practices using an empirical and comparative assessment of the role of children and youth in a range of conflicts including Nazi Germany, Mozambique, South Africa, Northern Ireland, the Cold War and the British Empire. The author argues powerfully that concepts of children are partial and 'contained' through their construction as non-political. Global in scope, this book is a timely and important contribution given the growing visibility of children in international relations evident after September 11. The political and ethical question at the heart of this book is: will international relations dare to catch up?