The book examines the extent to which the rights of Armenian minorities to exist, to enjoy their own culture, to profess and practice their own religion, and to use their own language in the community with other members of their group as well as their right to equality, non-discrimination and participation are respected, protected and fulfilled as it is required under international human rights law. Armenians in Lebanon and Turkey constitute a minority on four separate levels: ethnic, national, linguistic and religious. By examining the ways national and international human rights laws are enforced and protected, or violated and ignored, the thesis highlights the problems facing Armenians in Lebanon and Turkey since recent history until nowadays, and provides benefits which would be of great value to human and minority rights discourses.

This unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.

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.

In this topical collection, Professor Abdullah Saeed brings together seminal articles encompassing key issues in the debates surrounding Islam and human rights. Topics covered in this comprehensive research review include approaches to international human rights, freedom of expression, the right to equality under Islamic law and Islamic human rights schemes. The editor has also included a number of case studies which greatly enhance the depth of the collection.

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention's position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention's articles, including the travaux preparatoires, this Commentary examines each provision's substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention's provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties' implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions' case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.

This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres. The book will be essential reading for academics, researchers, and policy-makers in the areas of minority rights, legal anthropology, law and religion, legal philosophy, and law and migration.

This volume is a collection of articles on the codification experience of China's Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.

This book examines the best language fair trial practices of the courts in arguably the most multilingual region of the world. It contains an instructive list of standards and approaches to linguistic dynamics, which may be considered a Language Fair Trial Rights Code. The book reveals valuable lessons across jurisdictions, including those outside of Africa, and suggests measures that may be taken to improve existing approaches.

Presenting innovative field research conducted in new and emerging human rights museums across Asia and Latin America, the book adopts a broad museological approach. It does so by including national and community museums, as well as public and private museological initiatives, within its purview. Drawing on in-depth case studies about museums in Taiwan, Japan, Paraguay and Colombia - all discussed within their political and cultural contexts - the book examines the paradigmatic shift that has occurred within the museum field in the wake of the larger global transformations that have shaped contemporary geopolitics over the last 50 years. The diversity of geographical and political contexts, and the attention to lesser-known institutions within the canon of English museum studies literature, presents readers with a valuable opportunity to learn more about innovative museological models in non-English-speaking and non-Western contexts. Human Rights Museums will appeal to academics, scholars and students of museum studies and related disciplines, and to museum professionals seeking to know more about the diverse and evolving roles of museums in contemporary society.

This book studies the history of intercultural human rights. It examines the foundational elements of human rights in the East and the West and provides a comparative analysis of the independent streams of thought originating from the two different geographic spaces. It traces the genesis of the idea of human rights back to ancient Indian and Greco-Roman texts, especially concepts such as the Rigvedic universal moral law, the Upanishadic narratives, the Romans' model of governance, the rule of law, and administration of justice. It also looks at Cicero's concept of rights and duties which focuses on quality of compassion and fair play, and Seneca's expositions on mercy, empathy, justice, and checks on the arbitrary exercise of power. An important contribution, this book fills a significant gap in the study of human rights. It will be useful for students and researchers of political science, ancient history, religion and civilizations, philosophy, history, human rights, governance, law, sociology, and South Asian studies. The book also caters to general readers interested in the history of human rights.

This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.

The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union's institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the general features of the EU legal order and the analysis of key-substantive areas, such as banking and monetary union, environmental law, and data protection. The work thus presents a general framework for understanding EU sanctioning based on structural features and general legal principles. Part I develops an analytical framework, tracking the most significant evolutive patterns of EU sanctioning powers. Part II adopts a more practical approach focusing on specific issues and policy areas. The book bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.

This book examines major conceptual challenges confronting freedom of religion or belief in contemporary settings. The volume brings together chapters by leading experts from law, religious studies, and international relations, who provide perspectives from both sides of the Atlantic. At a time when the polarization of 'culture wars' is aggravating tensions between secular and religious views about accommodating the conscientious claims of individuals and groups, and when the right to freedom of religion itself is facing misunderstanding and erosion, the work provides welcome clarity and depth. Some chapters adopt a primarily conceptual and historical approach; others analyze particular difficulties or conflicts that have emerged in European and American jurisdictions, along with concrete applications and recommendations for the future. The book will be a valuable resource for students, academics, and policy-makers with an interest in law, religion, and human rights.

Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.

Maintaining the importance of socio-economic issues in devising transitional justice mechanisms, this book examines the widespread practice of land grabbing in Afghanistan. On 3 September 2003, 100 armed police officers bulldozed around 30 homes in the Sherpur neighborhood of Kabul, Afghanistan, evicting over 250 people. Historically, the land was part of the property of the Ministry of Defense, of which a zone was allocated to the ministry's employees who had built homes and had lived there for nearly 30 years. After the demolition, however, the land was distributed among 300 high-ranking government officials, including ministers, deputy ministers, governors and other powerful warlords. Land grabbing in Afghanistan has become a widespread practice across the country. Based on over 50 semi-structured interviews with key informants and group discussions with war victims and local experts in Kabul, the current book examines the relevance of transitional justice discourse and practice in response to this situation. Following a critical criminological concern with social harm, the book maintains that it is not enough to consider a country's political history of violent conflict and the violation of civil and political rights alone. Rather, to decide on appropriate transitional justice mechanisms, it is crucial to consider a country's socio-economic background, and above all the socio-economic harm inflicted on people during periods of violent conflict. This original and detailed account of the socio-economic challenges faced by transitional justice mechanisms will be of interest to those studying and working in this area in law, politics, development studies and criminology.

This book addresses a gap in both contemporary theorising and empirical analysis of the European Union's (EU) law and policy frameworks on migration, sex work and anti trafficking. Drawing on the authors' previous research on these policies and with their practical experience of engaging with various EU institutions in law and policy-making fora around gender, equality and justice, the work examines the processes involved in constructing and enacting policy frameworks and legal interventions on these issues, within a feminist analytical framework. The authors map how EU agenda-setting operates, and detail the roles that various EU institutions, external groups and actors, including non-governmental organisations, play in promoting or blocking policy on these three issues. The book draws on feminist theorising on gender, policy-making and social justice to develop a general theoretical framework to help us understand how and why a consensus has seemingly been achieved at EU level on what constitutes gender equality in these three policy areas. The book presents a valuable resource for academics, researchers and policy makers in Law, Migration, EU policy making and Gender Studies.

Law and Migration is an authoritative volume which draws on statutory and case law to expose the limitations of the law in protecting the individual caught in the complex web of national and regional constraints on migration. International law provides for the exercise of the sovereign power of states to control the entry of non-nationals. However, more recent international conventions have shown a growing awareness of the failure of the law to protect individuals and their families from violation of their human rights and civil liberties. Whilst avoiding open conflict with the principle of sovereignty, national courts have strived to comply with the spirit of human rights conventions and have often decided in favour of individuals. Despite this, border and internal controls on entry continue to proliferate. Globally the failure to establish an adequate legal framework which takes account of forced migration caused by wars and natural disasters has provoked a debate beyond the traditional legal norms. This volume presents a selection of published work from a variety of countriest and addresses the theoretical questions and policy issues which will continue to tax lawyers in the twenty first century.

This book explores destitution from the perspective of international human rights law and, more specifically, economic, social, and cultural rights. The experience of destitution correlates to the non-realisation of a range of economic, social, and cultural rights. However, destitution has not been defined from this perspective. Consequently, the nexus between destitution and the denial of economic, social, and cultural rights remains unrecognised within academia and policy and practice. This book expressly addresses this issue and in so doing renders the nexus between destitution and the non-realisation of these rights visible. The book proposes a new human rights-based definition of destitution, composed of two parts. The rights which must be realised (the component rights) and the level of realisation of these rights which must be met (the destitution threshold) to avoid destitution. This human rights-based understanding of destitution is then applied to a UK case study to highlight the relationship between government policy and destitution, to illustrate how destitution manifests itself, and to make recommendations - founded upon engendering the realisation of economic, social, and cultural rights - aimed towards addressing destitution. This book will have global and cross-sectoral appeal to anti-poverty advocates, policy makers, as well as to researchers, academics and students in the fields of human rights law, poverty studies, and social policy.

This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public - care, protection and control - and in the private - matrimonial, adoption etc - sectors of family law. By analysing the content of the principle this book discloses the essence of what has been termed 'the golden thread running through the common law'. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children. In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that evolution reflects the corresponding changes in social mores. For those interested in the ethics and morality, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.

This book provides a stocktake and comparative socio-legal analysis of law enforcement cooperation strategies in four different regions of the world: the European Union (EU), North America, Greater China and Australasia. The work analyses law enforcement cooperation mechanisms within the socio-legal framework of global normmaking. The strategies addressed range from legal frameworks facilitating cooperation to formal and informal police networks and cooperation practices. The study also takes into account crime-specific engagement, for example campaigns focusing on drug crimes, terrorism, financial crime, kidnappings and other offences. It explores challenges in policing practice and human rights protection in each region that could be countered by existing strategies in another. As regions usually develop more advanced cooperation mechanisms than exist at a global scale, strategies found in the former could help find solutions for the latter. To map existing strategies and assess their impact on both human rights and policing practice this study relies on an assessment of the primary and secondary literature sources in each region as well as interviews with practitioners ranging from senior police officers to prosecutors, government officials, customs and military staff. This book presents a valuable resource for academics and postgraduate students, as well as policing and criminal justice practitioners, government officials and policy makers.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called 'honour killings' have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of 'honour'. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women's right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.

Latest and authoritative research findings, closely integrated with the formulation of China's Civil Code, and based on extensive reference to advanced foreign legislative experience and theoretical achievements Provides a systematic and in-depth study of the basic concept and system of personality rights, general personality rights, various types of specific personality rights and compensation for moral damages Covers theoretical research to the current state of legislation and analysis of cutting-edge issues The contributors of this book are all authoritative authors in the field of personality law and are influential in the academic community