The essays selected for this second volume on the conduct of hostilities examine discrete topics of international humanitarian law that are particularly relevant to 21st century warfare. It commences with an examination of the adequacy of traditional weapons law in the face of modern weaponry that could not have been conceived of at the time the norms were originally fashioned. Humanitarian law's protection of certain persons and objects is also addressed, especially with regard to loss of protection for civilians who participate in hostilities and to the special protections enjoyed by vulnerable groups and individuals. The essays not only set forth competing contemporary perspectives, but also illustrate how earlier generations of humanitarian lawyers struggled with many of the same issues. The essays equally illustrate humanitarian law's adaptability to changing sensitivities, as in the case of protection of the environment during armed conflict. The final essay analyzes perfidy, a violation of the law that weaker parties in asymmetrical conflicts are increasingly adopting as an operational tactic.

Detention and occupation are two challenging aspects of international humanitarian law in 21st century warfare. The essays selected for this volume examine the historical foundations of these issues, as well as the contemporary practices surrounding them. Detention law was prominently codified in the 1949 Third and Fourth Geneva Conventions, but has been criticized as inadequate in the face of 'new wars' involving non-State actors such as insurgents and terrorists. These essays not only explore historically problematic detention issues like repatriation and the protecting powers regime, but also question whether the extant law suffices to ensure a proper balance between humanitarian considerations and a detaining State's security concerns. Occupation law was originally designed for temporary occupations that maintained the occupied State's institutions pending return of full authority, but has been tested by recent occupations which are often prolonged and which sometimes seek to 'transform' occupied States previously governed by undemocratic and abusive regimes. The essays demonstrate that these are not novel issues and consider how they were handled in the past. They also assess various perspectives as to the purposes and limits of occupation, especially in the face of modern imperatives such as human rights.

The essays selected for this volume explore the entire range of issues related to the question of how to implement and enforce international humanitarian law. Measures of self-help that used to play a key role in past international armed conflicts, especially reprisals, have increasingly been outlawed, and thus the enforcement of international humanitarian law has now to be achieved by other means, including criminal proceedings against those who have seriously (or gravely) committed war crimes. Accordingly, the concept of grave breaches, the universality principle and international criminal law are dealt with extensively in this collection. Finally, the volume includes an examination of the practice of 'lawfare' (an abuse of international humanitarian law for military or political purposes) which has proven increasingly effective in contemporary armed conflict.

Advances in the field of Assisted Reproductive Technology (ART) have been revolutionary. This book focuses on the use of ARTs in the context of families who seek to conceive a matching sibling donor as a source of tissue to treat an existing sick child. Such children have been referred to as 'saviour siblings'. Considering the legal and regulatory frameworks that impact on the accessibility of this technology in Australia and the UK, the work analyses the ethical and moral issues that arise from the use of the technology for this specific purpose. The author claims the only justification for limiting a family's reproductive liberty in this context is where the exercise of reproductive decision-making results in harm to others. It is argued that the harm principle is the underlying feature of legislative action in Western democratic society, and as such, this principle provides the grounds upon which a strong and persuasive argument is made for a less-restrictive regulatory approach in the context of 'saviour siblings'. The book will be of great relevance and interest to academics, researchers, practitioners and policy makers in the fields of law, ethics, philosophy, science and medicine.

The creation of safe areas poses a number of difficult challenges to the spatial and normative organization of contemporary international politics. As a result, academics, practitioners and NGOs alike will find the case studies in this informative book essential reading. Hikaru Yamashita firstly looks at the case of northern Iraq after the first Iraqi war, where safe areas represented a major departure from the conventional notion. The different understandings of the Srebrenica safe areas, especially with regard to the role of security, are also assessed to ascertain how they eventually destroyed this humanitarian space. A much-needed account of the extent to which humanitarian space, intended as shelter in response to Rwandan genocide, consequently destabilized the area and provided cover for the genocideurs is additionally provided. This well-researched book, through the prism of safe areas, allows a measured assessment to be made of the place of human rights and humanitarianism in the contemporary world.

This title was first published in 2000: While there are many philosophical studies of free speech, treating censorship historically, politically, or by the medium restricted (films, press etc.), little has been written on censorship and free speech dealing with issues philosophically and approaching them from the perspective of restrictions. This book treats censorship and free speech as a problem of ideas, examining the issues as an aspect of our wider social and political lives and critically examining mainstream arguments against censorship. This unique approach takes issue with the concept of censorship as something aberrant, to examine where the limits of free speech lie in ensuring individual development and collective harmony. Examining the possibility of accepting censorship positively to serve legitimate purposes, it will be a thought-provoking challenge to prescriptive arguments for free speech.

How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.

This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.

Conflict and disaster have been part of human history for as long as it has been recorded. Over time, more mechanisms for responding to crises have developed and become more systematized. Today a large and complex 'global humanitarian response system' made up of a multitude of local, national and international actors carries out a wide variety of responses. Understanding this intricate system, and the forces that shape it, are the core focus of this book. Daniel G Maxwell and Kirsten Gelsdorf highlight the origins, growth, and specific challenges to, humanitarian action and examine why the contemporary system functions as it does. They outline the main actors, explore how they are organised and look at the ways they plan and carry out their operations. Interrogating major contemporary debates and controversies in the humanitarian system, and the reasons why actions undertaken in its name remain the subject of so much controversy, they provide an important overview of the contemporary humanitarian system and the ways it may develop in the future. This book offers a nuanced understanding of the way humanitarian action operates in the 21st century. It will be essential reading for anyone with an interest in international human rights law, disaster management and international relations. For more information, please see the authors' website: https://www.understandingthehumanitarianworld.com/

In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.

The only up-to-date textbook that provides a systematic, critical overview of the human rights-development nexus. The book will provide students and practitioners with an in-depth understanding of human rights as a development challenge, delineate the responses and alternative critical approaches from a theoretical and practical perspective Equips readers with the conceptual frameworks and analytical tools for independent investigation of key issues at the human rights/development interface. Wide-ranging in scope, multi-scalar in looking at global policy initiatives or vulnerable groups such as indigenous peoples Well developed pedagogy including: a student briefing in the introduction, questions for discussion at the end of each chapter, text boxes to highlight particular issues, theoretical approaches, examples, cases and annotated further reading.

Originally published in 2004. This excellent volume presents a systematic analysis of various human rights violations around the globe, focusing on security and subsistence rights. The book collects important contributions to the theoretical development of the human rights phenomenon, covering a wide range of human rights issues and research approaches. The research presented combines a variety of qualitative and quantitative approaches and brings together both theoretical and empirical work. It places particular emphasis on making the advanced statistical methods that are used to test the arguments accessible to a wider readership. Understanding Human Rights Violations will prove a useful tool for all in the fields of international human rights, peace studies, political violence and international law, and offers a valuable introduction into the literature on human rights violations.

Conflict and disaster have been part of human history for as long as it has been recorded. Over time, more mechanisms for responding to crises have developed and become more systematized. Today a large and complex 'global humanitarian response system' made up of a multitude of local, national and international actors carries out a wide variety of responses. Understanding this intricate system, and the forces that shape it, are the core focus of this book. Daniel G Maxwell and Kirsten Gelsdorf highlight the origins, growth, and specific challenges to, humanitarian action and examine why the contemporary system functions as it does. They outline the main actors, explore how they are organised and look at the ways they plan and carry out their operations. Interrogating major contemporary debates and controversies in the humanitarian system, and the reasons why actions undertaken in its name remain the subject of so much controversy, they provide an important overview of the contemporary humanitarian system and the ways it may develop in the future. This book offers a nuanced understanding of the way humanitarian action operates in the 21st century. It will be essential reading for anyone with an interest in international human rights law, disaster management and international relations. For more information, please see the authors' website: https://www.understandingthehumanitarianworld.com/

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

The UN human rights agenda has reached the mature age of 70 years and many UN mechanisms created to implement this agenda are themselves in their middle-age, yet human rights violations are still a daily occurrence around the globe. The scorecard of the UN human rights mechanisms appears impressive in terms of the promotion, spreading of education and engaging States in a dialogue to promote human rights, but when it comes to holding governments to account for violations of these rights, the picture is much more dismal. This book examines the effectiveness of UN mechanisms and suggests measures to reform them in order to create a system that is robust and fit to serve the 21st century. This book casts a critical eye on the rationale and effectiveness of each of the major UN human rights mechanisms, including the Human Rights Council, the human rights treaty bodies, the UN High Commissioner for Human Rights, the UN Special Rapporteurs and other Charter-based bodies. Surya P. Subedi argues most of the UN human rights mechanisms have remained toothless entities and proposes measures to reform and strengthen it by depoliticising the workings of UN human rights mechanisms and judicialising human rights at the international level.

This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions - genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

Originally published in 2003. Justice and Violence brings together a fascinating and varied volume that focuses on the ethics of both political violence and pacifism. Incorporating historical, geopolitical and cultural case studies, it takes a unique look at comparative analyses of these two phenomena and contending world views. The volume is a 'must read' for political scientists, ethicists, historians, sociologists, anthropologists and policy analysts. As we move deeper into the twenty-first century, the contradictory and conflicting forces of globalization and cultural fragmentation make it increasingly crucial to give serious consideration to the issues raised here.

This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.

Unaccompanied minor migrants are underage migrants, who for various reasons leave their country and are separated from their parents or legal/customary guardians. Some of them live entirely by themselves, while others join their relatives or other adults in a foreign country. The concept of the best interests of a child is widely applied in international, national legal documents and several guidelines and often pertains to unaccompanied minor migrants given that they are separated from parents, who are not able to exercise their basic parental responsibilities. This book takes an in-depth look at the issues surrounding the best interests of the child in relation to unaccompanied minor migrants drawing on social, legal and political sciences in order to understand children's rights not only as a matter of positive law but mainly as a social practice depending on personal biographies, community histories and social relations of power. The book tackles the interpretation of the rights of the child and the best interests principle in the case of unaccompanied minor migrants in Europe at political, legal and practical levels. In its first part the book considers theoretical aspects of children's rights and the best interests of the child in relation to unaccompanied minor migrants. Adopting a critical approach to the implementation of the Convention of Rights of a Child authors nevertheless confirm its relevance for protecting minor migrants' rights in practice. Authors deconstruct power relations residing within the discourses of children's rights and best interests, demonstrating that these rights are constructed and decided upon by those in power who make decisions on behalf of those who do not possess authority. Authors further on explore normative and methodological aspects of Article 3 of the Convention on the Rights of a Child and its relevance for asylum and migration legislation. The second part of the book goes on to examine the actual legal framework related to unaccompanied minor migrants and implementation of children's' rights and their best interests in the reception, protection, asylum and return procedures. The case studies are based on from the empirical research, on interviews with key experts and unaccompanied minor migrants in Austria, France, Slovenia and United Kingdom. Examining age assessment procedures, unaccompanied minors' survivals strategies and their everyday life in reception centres the contributors point to the discrepancy between the states' obligations to take the best interest of the child into account when dealing with unaccompanied minor migrants, and the lack of formal procedures of best interest determination in practice. The chapters expose weaknesses and failures of institutionalized systems in selected European countries in dealing with unaccompanied children and young people on the move.

Despite clear legal rules and political commitments, no significant progress has been made in nuclear disarmament for two decades. Moreover, not even the use of these weapons has been banned to date. New ideas and strategies are therefore necessary. The author explores an alternative approach to arms control focusing on the human dimension rather than on States' security: "humanization" of arms control! The book explores the preparatory work on arms control treaties and in particular the role of civil society. It analyzes the positive experiences of the movements against chemical weapons, anti-personnel mines, and cluster munitions, as well as the recent conclusion of the Arms Trade Treaty. The author examines the question of whether civil society will be able to replicate the success strategies that have been used, in particular, in the field of anti-personnel mines (Ottawa Convention) and cluster munitions (Oslo Convention) in the nuclear weapons field. Is there any reason why the most destructive weapons should not be outlawed by a legally binding instrument? The book also explains the effects of weapons, especially nuclear weapons, on human beings, the environment, and global development, thereby focusing on vulnerable groups, such as indigenous peoples, women, and children. It takes a broad approach to human rights, including economic, social, and cultural rights. The author concludes that the use of nuclear weapons is illegal under international humanitarian and human rights law and, moreover, constitutes international crimes under the Rome Statute of the International Criminal Court. In his general conclusions, the author makes concrete proposals for the progress toward a world without nuclear weapons.

Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades' efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

This book draws upon nearly seven decades of first-hand experiences from the ground to understand social exclusion, and movements and efforts for social justice in India. The author, a renowned champion of social justice for deprived social classes, delves into the roots of discrimination in Indian society as well as explains why caste discrimination still persists and how it can be effectively countered. The volume: examines the caste system and its socio-economic ramifications from the perspective of Dalits, and Socially and Educationally Backward Classes; explores the nuances of the Gandhi-Ambedkar debate on the status and liberation of Dalits and synthesis of the approaches of Gandhi, Ambedkar, Narayana Guru and Marx in resolving certain key issues; analyses legal, economic, social and cultural frameworks to understand caste system and related concepts such as 'untouchability', atrocities, reservation, etc. in contemporary India; and provides practical insights into the Constitution-based comprehensive measures required to remedy the consequences of caste system and establish social equality in a holistic manner. The book will interest scholars and researchers of social exclusion and social justice, Dalit, Adivasi and Backward Classes studies, sociology and social anthropology, politics, law and human rights, as well as policy-makers, think tanks and NGOs in the field.

Rarely do acts of civil disobedience come in such grand fashion as Taiwan's Sunflower Movement and Hong Kong's Umbrella Movement. The two protests came in regions and jurisdictions that many have underestimated as regards furthering notions of political speech, democratisation, and testing the limits of authority. This book breaks down these two movements and explores their complex legal and political significance. The collection brings together some of Asia's, and especially Taiwan and Hong Kong's, most prolific writers, many of whom are internationally recognised experts in their respective fields, to address the legal and political significance of both movements, including the complex questions they posed as regards democracy, rule of law, authority, and freedom of speech. Given that occupational type protests have become a prominent method for protesters to make their cases to both citizens and governments, exploring the legalities of these significant protests and establishing best practices will be important to future movements, wherever they may transpire. With this in mind, the book does not stop at implications for Taiwan and Hong Kong, but talks about its subject matter from a comparative, international perspective.

Children's rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children's rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children's rights law has a number of distinctive characteristics, such as the emphasis on the 'best interests of the child', the use of general principles, and the inclusion of 'third parties' (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children's rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children's rights law and human rights law - and the potential for their isolation, inspiration or integration - may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children's rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how in a post-secular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.