The human rights enunciated in Articles 23 and 24 of the UDHR concern aspects of rights related to work. This part of international human rights law is often neglected in human rights textbooks and teaching, and indeed is often omitted from the work done by national human rights institutes and by NGOs concerned with human rights, as though it were a separate discipline that did not fall properly into the human rights field. This volume addresses this commonly held, but erroneous, misconception.

This lively collection presents the revised papers resulting from a conference held at the Faculty of Law of the University of Groningen under the auspices of the Groningen Centre for Law and Governance and the Department of European and Economic Law. The conference brought together scholars from a number of countries to examine a series of current issues in international migration law - a topic which continues to be of major importance worldwide. The collection aims to widen horizons in the debate and assist in achieving an understanding of the fact, often forgotten by those who prefer rhetoric to understanding, that migration is a truly global phenomenon. While Europe is at the forefront of population changes and debates on the control and management of migration, there are major issues and crises in many areas across the globe, and various contributions to this volume rightly draw attention to them.

This book analyses large-scale land investments for agricultural purposes in Africa's least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries' local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.

This innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples. Providing an excellent grounding for scholars seeking to understand the major topics within the discipline, this topical book is accessible to the novice human rights scholar, yet of great interest to the most seasoned human rights researcher. It will strongly appeal to law academics as well as students and practitioners of human rights.

This publication provides a fresh perspective on the litigation of the European Court of Human Rights by focusing upon the role that non-governmental organizations (NGOs) play in it. The inspiration for this work was the growing literature that points to human rights as the outcome of political and social struggles. The role that NGOs play in these struggles is well-documented in the context of other international and regional human rights tribunals, but has been less widely written about in the context of the European Court of Human Rights. The Court is typically subject to legalistic, as opposed to socio-political, scrutiny. In this book, the Court's litigation is re-cast as a site where politically motivated actors attempt to affect the meaning that is given to the language of the European Convention on Human Rights and to use the Convention as a mechanism that can contribute to social change. For the purposes of this research, a mixture of quantitative and qualitative research techniques is adopted. These methods facilitate the author's desire to obtain both a de-centered perspective of the Court's functions and a systematic picture of the scale of NGO involvement in the Court's litigation. The core of this work is primarily based on data obtained from a sample of cases in which the Court had delivered judgment, and a plethora of associated materials, including extensive interviews with NGOs that were involved in those cases. Ultimately, this book challenges the idea that the litigation of the Court is bound to the idea of achieving individual justice and highlights the meaningful impact that NGOs have on certain important sections of the Court's litigation.

Throughout his career, Michael Reisman emphasized law's function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those - lawyers, political scientists, and educated laymen- interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.

While in the days of the Cold War models of citizenship were relatively clear-cut around the contrasting projects of reform and revolution, in the last three decades Latin America has become a laboratory for comparative research. The region has witnessed both a renewal of electoral democracy and the diversification of experiments in citizen representation and participation. The implementation of neo-liberal policies has led to countervailing transformations in democratic citizenship and to the rise of populist leaderships, while the crisis of representation has been accompanied by new forms of participation, generating profound transformations. The authors analyze these recent trends, reflected in new forms of populism, inclusion and exclusion, participation and alternative models of democracy, social insecurity and violence, diasporas and transnationalism, the politics of justice and the politics of identity and multiculturalism.

This book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias' commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence - specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society.

This collection, written by legal scholars from around the world, offers insights into a variety of topics from children's rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called 'law and society', that enterprise that is interested in law's place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol, philosophy and action. It also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived. The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children's rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.

In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Helene Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.

What is the place of women in global labour policies? Women's ILO: Transnational Networks, Global Labour Standards, and Gender Equity, 1919 to Present gathers new research on a century of ILO engagement with women's work. It asks: what was the role of women's networks in shaping ILO policies and what were the gendered meanings of international labour law in a world of uneven and unequal development? Women's ILO explores issues like equal remuneration, home-based labour, and social welfare internationally and in places such as Argentina, Italy, and Ghana. It scrutinizes the impact of both power relations and global feminisms on the making of global labour policies in a world shaped by colonialism, the Cold War and post-colonial inequality. It further charts the disparate advancement of gender equity, highlighting the significant role of women experts and activists in the process. Contributors are: Paula Lucia Aguilar, Lucia Artner, Eloisa Betti, Chris Bonner, Eileen Boris, Akua O. Britwum, Dorothy Sue Cobble, Dorothea Hoehtker, Pat Horn, Sonya Michel, Silke Neunsinger, Renana Jhabvala, Marieke Louis, Yevette Richards, Mahua Sarkar, Kirsten Scheiwe, Francoise Thebaud, Susan Zimmermann "This is a must-read volume for scholars and students interested in women, labor and international/transnational history." - Judy Tzu-Chun Wu, University of California, Irvine, USA "This fascinating collection of essays assesses the ILO's role in securing social justice for women workers around the world and asks how that role might change as the world of work is transformed in the next century." - Celia Donert, University of Liverpool "This exciting collection provides a long-overdue state of the art on gender politics and the ILO. It will no doubt be the work of reference on the topic for years to come." - Elisabeth Prugl, Graduate Institute of International and Development Studies, Geneva

This challenging volume gathers a selection of the mass of material available from the major human rights instruments, from first drafts, legislative histories, and contemporary commentaries, from more recent scholarship as well as from the General Comments and Concluding Observations and Recommendations of the various treaty monitoring bodies relating to the topic of the unborn child. Contemporary reinterpretations of these documents are held up to the searchlight of historical context, including a reminder of the original purpose and meaning and the philosophical foundation of modern international human rights law.

Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.

The People's Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). This unique volume gives a voice to the different religious communities affected by the current laws and practices in force in Bangladesh. The reader will find an overview and gain understanding of the legal issues that need to be addressed in each case.

This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.

Pleadings, Oral Arguments, Documents: Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) Volume V

The growing ubiquity of drones means that they are more readily available for both terrorists and civilians to use. At the same time, the military use of drones has globalised. Yet regulations for their international use, both military and domestic, are sparse and lacking in clarity, and most books on the legality of drones tend to be written by journalists or activists. Drones and the Law: International Responses to Rapid Drone Proliferation presents a fresh, scholarly perspective on the increasingly complex relations between drone usage and international and privacy law. Combining expert insights into strategy, international law, international humanitarian law, targeted killing, ethics, and privacy, Vivek Sehrawat offers an important historical and context for understanding how drone usage has become widespread; investigates how international law and international humanitarian law on the use of force interact with the rapid proliferation of military drones; and outlines how civilian use of drones poses specific challenges to national privacy laws in large countries such as the UK, the USA, and India. Throughout, Sehrawat discusses potential world policies for drone strikes and counter terrorism and debunks myths about current drone capabilities and the law regarding drone usage, making this book a useful and timely addition to the growing literature on drones and the law. For its rigorous legal research that offers a precise, accurate, and authoritative account of the legal challenges posed by rapid drone proliferation, Drones and the Law is a must-read for students and scholars of law and international relations.

Moot Court competitions constitute an alternative model of human rights training, giving students the skills to contribute to the development of international human rights law and thus make them qualified advocates for human rights change in their home countries and abroad. By focusing on the perfection of oral as well as written skills, participants are more likely to be successful not only in cases brought before their home courts, but in front of international tribunals and other organs. Such competitions have opened the doorway for more human rights classes in law schools, more clinical training programs, more NGOs dedicated to human rights law, and overall more lawyers dedicated to participating in an expanded notion of a human rights community. As demonstrated in this volume, moot court competitions have revolutionized human rights legal education in Africa, Europe and the Americas. The yearly Inter-American Human Rights Moot Court Competition was established in 1995. The full text of the hypothetical cases, bench memoranda, and winning memorials from the first ten years of this Competition are included as a resource to be used creatively by scholars, NGOs, international organizations, governments, practitioners, students, etc., to further promote human rights legal obligations.

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children's educational and religious rights, parental liberties vis-a-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective--ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts--these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.

This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

The issue of corporate responsibilities has had a tumultuous history at the United Nations. When the Human Rights Council unanimously endorsed John Ruggie s Guiding Principles in June 2011, it was the first time that the UN stated authoritatively its expectations in the area of business and human rights. This volume captures this special moment in time: a moment of taking stock of a successfully concluded UN Special Representative mandate (2005 2011) and of preparing for the massive task of following up with more operational guidance, effective governance mechanisms and sound theoretical treatments. The 12 chapters in this collection offer an in-depth analysis of Ruggie s reports with a special emphasis on regulatory and governance issues surrounding corporate responsibility. How does international human rights law handle corporations? Are we beginning to grasp the complexities and impacts of financial markets on human rights? What kind of corporate due diligence can make supply chains more socially sustainable? Why should parent companies act when their affiliates infringe rights? What is the potential of national human rights institutions in the area of business and human rights? What is the role of states and law in the social change process promoted by the corporate responsibility movement? How do we orchestrate polycentric governance regimes to ensure respect for human rights? Academics and practitioners, policymakers, business executives, civil society activists and legal professionals will find this collection useful as they embark on the difficult but exciting journey of refining and contextualising Ruggie s foundational work.

This work reviews the progress of children's rights 25 years since the adoption of the UN Convention on the Rights of the Child. It studies the progress of that human rights instrument as part of an ongoing process. It examines how recent past, present and future generations will benefit or suffer as part of the process in which outcomes cannot be predicted. It does not project into the future. Its emphasis is on a review of the period after 1989 and it comments on what has happened and offering guidance on how children's rights might progress. The book presents a realistic but not always critical review of two and a half decades of intensive activity in the field of children's rights worldwide. It includes both failures and examples of good practice and positive experiences. It offers a review of progress and lack of progress in child rights and welfare in the twelve countries used as case studies in its predecessor, The Next Generation. Finally, the volume considers the impact of current geopolitical and economic realities on children's rights in the early years of the twenty-first century. The book is a tribute to Judith Ennew and pays homage to all of the people who have contributed so much to children's rights over the years and wishes to encourage others to take up the cause.