This book analyses collective punishment in the context of human rights law. Collective punishment is a concept deriving from the law of armed conflict. It describes the punishment of a group for an act allegedly committed by one of its members and is prohibited in times of armed conflict. Although the imposition of collective punishment has been witnessed in situations outside armed conflict as well, human rights instruments do not explicitly address collective punishment. Consequently, there is a genuine gap in the protection of affected groups in situations outside of or short of armed conflict. Supported by two case studies on collective punishment in the Occupied Palestinian Territories and in Chechnya, the book examines potential options to close this gap in human rights law in a way contributing to the empowerment of affected groups. This analysis centres on the European Convention on Human Rights due to its relevance to the situation in Chechnya. By questioning whether human rights instruments can encompass a prohibition of collective punishment, the book contributes to the broader academic debate on rights held by collectivities in general and on collective human rights in particular. The book will be of interest to students, academics and policy makers in the areas of International Human Rights Law, International Humanitarian Law and International Criminal Law.

Why is there so much attention on Kant's global politics in present day law and philosophy? This book highlights the potential fruitfulness of Kant's cosmopolitan thought for understanding the complexities of the contemporary political world. It adopts a double methodological strategy by reconstructing a genealogical conceptual journey showing the development of international law, as well as introducing an interpretation of cosmopolitanism centred on Kant's theory of a metaphysics of freedom. The result is a novel focus on Kant's notion of the world republic. The hypothesis here defended is that the world republic stands as a way of thinking about international politics where the possibility of progression towards peace results from its use as a regulative idea.

This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.

Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners.

Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners.

This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law. Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community. The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.

This book presents an exploration of a wide range of issues in law, regulation and legal rights in the sectors of information protection, the creative economy and business activities following COVID-19. The debilitative effect of the global pandemic on information protection and creative and business activities is powerful, widespread and deeply influential, bringing a range of uncertainties to these sectors. The effects of the crisis challenge the fundamentals of the legal systems of most countries in their attempt to govern them. Written by international academics from a diversified background of law disciplines and legal systems, this book offers a global vision in exploring the wide range of legal issues caused by the COVID-19 crisis in these fields. The book is organised into three clear thematic parts: Part I looks at information protection and intellectual property rights and strategies; Part II examines contracts, cooperation and mediation in the post-COVID-19 market arena; and Part III discusses issues pertaining to corporate governance and employment rights. The book explores the unprecedented challenges posed by the pandemic crisis from a global perspective. It will provide invaluable information and guidance in this area to those in the fields of law, politics and economics whose interests are related to information, business and the creative industry, as well as providing indispensable reading to business practitioners and public servants.

In recent years, transnational private regulations (TPRs) have gained importance in the areas of business and human rights, particularly from a consumer point of view. However, some question whether TPRs are indeed suitable normative frameworks contributing to their signatory entities' compliance with human rights standards and effective avoidance of human rights abuses. In response to this question, this book proposes an analytical concept of effective compliance. Based on the elements identified as crucial for achieving effective compliance, it conducts an in-depth analysis of how TPRs' normative frameworks function in practice and identifies common patterns and challenges. Such inquiry is based on an interdisciplinary methodological approach between law and sociology, seeking not only to comprehend and assess how law is systematized in theoretical terms, but also to understand how it works on the ground. This allows identification of the lack of active and effective participation of vulnerable stakeholders in the discursive processes established and governed by TPRs, such as rule-making and conformity assessment processes, as the main challenge. Based on such evidence, the book addresses the possibilities of overcoming such challenges, proposing that to fully achieve TPRs' potential from an effective compliance point of view, legal empowerment of vulnerable groups is essential. It concludes by providing key observations and suggestions that contribute to the use of TPRs as instruments in the struggle for rights of empowered vulnerable stakeholders. The book will be of interest to academics, researchers, and policy-makers working in the areas of international law, transnational law, sociology of law, and human rights law.

This book provides a comprehensive examination of land law for Arab Palestinians under Israeli law. Land is one of the core resources of human existence, development and activity. Therefore, it is also a key basis of political power and of social and economic status. Land regimes and planning regulations play a dynamic role in deciding how competing claims over resources will be resolved. According to legal geography, spatial ordering impacts legal regimes; whilst legal rules form social and human space. Through the lenses of international law, colonisation and legal geography, the book examines the land regime in Israel. More specifically, it endeavours to understand the spatial strategies adopted by Israel to organise the entire territorial expanse of the country as Jewish, while also excluding Arab Palestinian citizens of Israel and residents of East Jerusalem from the landscape. The book then details how the systematic nature and processes of marginalisation are mapped out across the civil, political and socio-economic landscape. This monograph will be of interest to international legal theorists, legal geographers, land lawyers and human rights practitioners and students; as well as to international scholars, NGOs and others focusing on the Israeli-Palestinian conflict.

This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one's privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens' private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the 'Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising 'universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.

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 various contributors are leading academics in the children's rights field drawn from a wide range of countries and jurisdictions (including those with common law, civilian and mixed traditions) in North America, Europe, Africa and Asia

This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal "bridge" between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.

Despite the growing global consensus regarding the need to ensure minimal labour standards, such as adequate safety and health conditions, freedom of association, and the prohibition of child labour, millions of workers across the world continue to work in horrific conditions. Who should be held responsible, both morally and legally, for protecting workers' rights? What moral and legal obligations should individuals and institutions bear towards foreign workers in their countries? Is there any democratic way to generate, regulate, and enforce labour standards in a global labour market? This book addresses these questions by taking a fresh look at the normative assumptions underlying existing and proposed international labour regulations. By focusing on international labour as a particular sphere of justice, it seeks to advance both the contemporary philosophical debate on global justice and the legal scholarship on international labour.

UN peace operations are increasingly asked to pursue stabilization mandates with lofty expectations of being able to stabilize conflict zones, achieve national reconciliation, and rebuild state legitimacy. This book investigates the relationship between UN stabilization mandates and the concept of 'human security'. The book is divided into three parts. Part I outlines the emergence of stabilization and other trends in peacekeeping practice and outlines an analytical framework of human security. Part II applies the analytical framework to case studies of MINUSMA, MINUSCA, and UNMISS examining issues, such as human rights, empowerment, protection, and vulnerability. In Part III the book draws out several concerns that arise from stabilization mandates, including the militarisation of UN peace operations and the consequences under international humanitarian law, the risks of close cooperation with the host state and engagement in counter-terror activities, and the potential clash between peacebuilding activities and militarisation. The book will be a valuable resource for academics, policymakers and practitioners working on UN peacekeeping generally, and those specifically looking at stabilization, from the perspective of international relations, international law, peace and conflict studies, security studies and human rights.

This book examines the nexus between political borders, pastoral nomadism, and human security in Africa. It uses a host of applied interdisciplinary insights to analyse social, political, and cultural processes, circumstances, and consequences to showcase the human security crisis in the context of climate change, inter-group relations, leadership strategies, institutions, and governance within the region. With a special focus on West Africa and Nigeria, the volume discusses crucial themes that highlight the role of borders in the security architecture of the region which include, * Political economy of herdsmen-farmers' conflicts in West Africa; * The scarcity-migration perspective of the Sahel region; * Population pressure, urbanization, and nomadic pastoral violence in West Africa; * Human trafficking and kidnapping for ransom in Nigeria; * Drivers of 'labour' migration of Fulani herders to Ghana, and other topics. A key contribution to a pressing issue, this volume will be of interest to scholars and students of history, political science, anthropology, geography, international relations, literature, environmental science, and peace and conflict studies.

This book presents an analysis of the concepts of female empowerment and resilience against violence in the informal entertainment and sex industries. Generally, the key debates on sex work have centred on arguments proposed by the oppressive and empowerment paradigms. This book moves away from such debates to look widely at the micro issues such as the role of income in the lives of sex workers, the significance of peer organisations and networks of women, and how resilience is enacted and empowerment experienced. It also uses positive deviancy theory as a useful strategy to bring about notable changes in terms of empowerment and agency for women working in this sector and also for addressing the wider issues of migration, HIV/AIDS, and violence against women and girls. The focus is on moving beyond a victimisation framework without downplaying the extent of the violence that women in this industry experience. It conceptualises the theories of empowerment and power which have not been tested against women who work in this sector, combined with in-depth interviews with women working in the industry as well as academics, activists, and personnel in the NGO and donor sector. In doing so, it informs the reader of the numerous social, political, and economic factors that structure and sustain the global growth of the industry and analyses the diverse factors that lead many thousands of women and girls around the world to work in this sector. The work presents an important contribution to the study of citizenship and rights from a non-Western angle and will be of interest to academics, researchers, and policymakers across human rights, sociology, economics, and development studies.

Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights - civil, political, economic, social and cultural - and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

Most scholars attribute systemic causes of food insecurity to poverty, human overpopulation, lack of farmland, and expansion of biofuel programs. However, as Chen argues here, another significant factor has been overlooked. The current food insecurity is not absolute food shortage, since global food production still exceeds the need of the entire world population, but a problem of how to secure access to resources. Distorted agricultural trade undermines world food distribution, and uneven distribution impedes people's access to food, particularly in poor developing countries. Examining EU and US agricultural policies and World Trade Organization negotiations in agriculture, the author argues how they affect the international agricultural trade, claiming that current food insecurity is the result of inequitable food distribution and trade practices. The international trade regime is advised to reconcile trade rules with the consideration of food security issues. Several other enforceable solutions to reduce world hunger and malnutrition are also advanced, including national capacity building, the improvement of governance, and strategic development of biofuel programs. This book will be of great interest to agricultural trade professionals and consultant policy makers in the EU, US and developing countries. Students and researchers with a concentration on international trade, agriculture economics, global governance and international law will benefit greatly from this study.

This book focuses on Youth Climate Courts, a bold new tool that young people in their teens and twenties can use to compel their local city or county government to live up to its human rights obligations, formally acknowledge the climate crisis, and take major steps to address it. Tom Kerns shows how youth climate leaders can form their own local Youth Climate Court, with youth judges, youth prosecuting attorneys, and youth jury members, and put their local city or county government on trial for not meeting its human rights obligations. Kerns describes how a Youth Climate Court works, how to start one, what human rights are, what they require of local governments, and what governmental changes a Youth Climate Court can realistically hope to accomplish. The book offers young activists a brand new, user-friendly, cost-free, barrier-free, powerful tool for forcing local governments to come to terms with their obligation to protect the rights of their citizens with respect to the climate crisis. This book offers a unique new tool to young climate activists hungry for genuinely effective ways to directly move governments to aggressively address the climate crisis.

This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls' exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as 'any formal marriage or informal union where one or both of the parties are under 18 years of age', is normally considered as forced - which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children's perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework - and, indeed, the human rights framework in general - is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children's rights, legal anthropology, and socio-legal studies.