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.

Presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. Examines case studies to demonstrate that not only can violent protest be acceptable; at times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history and philosophy, as well as others with interests in contemporary forms of protest.

The national-conservative government of Hungary has been heavily criticised for its violation of EU values, primarily, the rule of law in recent years. This book looks to the bigger picture in examining the rule-of-law debate between Hungary and the EU. It explores how certain elements of various Hungarian constitutional reforms are interrelated and how the EU has failed to address the situation properly. It is argued here that the reason the EU has been unable to enforce its values effectively in Hungary stems from the misunderstanding that Hungary kept the institutional design of liberal democracy but made it dysfunctional. The debate with the EU is characterised as a dialogue of the deaf as the EU insists on advancing the rule-of-law agenda, while the Hungarian government defends itself by alluding to its democratic legitimacy. The author contends that the Hungarian government is in fact playing a charade, while the actions of the EU maintain this drama. The book will be of interest to students, academics, and policymakers working in the areas of constitutional law and politics, EU law, and populism.

Provides a broader, more global perspective compared to other volumes which focus more narrowly on a Western-centric viewpoint and examined in post-war isolation. Fully updated volume featuring new material on recent historical and interdisciplinary debates, developments between the world wars, causation, regions such as Africa, and the mix of setbacks and rights expansion during the past fifteen years. Written by a highly-respected author with notable track record, it provides social and political perspectives with a cross-disciplinary appeal.

This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.

This edited volume addresses the broader aspects of the political and social landscape, human rights violations, accountability and advocacy efforts, and humanitarian challenges faced by the Rohingya from Myanmar. The work brings together different voices of legal, policy, and international affairs experts to construct a framework which addresses the complex and nuanced issues comprising the Rohingya crisis. Although there is recognition that international legal mechanisms are moving forward more quickly than anticipated, these processes do not constitute standalone sustainable solutions. Myanmar's myriad political, social cohesion, development and security challenges are likely to persist even as justice and accountability processes move forward. Thus, this book project is premised on the consensus that the international community should complement international justice mechanisms by looking toward creative and multi-faceted approaches in addition to justice and accountability. This timely contribution will be of interest to academics, researchers, development practitioners, and human rights organizations.

The principle of solidarity is particularly important now because it is in juxtaposition to some current self-centered trends in politics: the crises that have upset the world in recent years, such as migrations, hegemonic aspirations, pandemics, and wars, have made self-evident the inadequacy of such selfish politics. It therefore seems very useful to understand the role that solidarity could play in contemporary scenarios. This book thus collects various contributions on the principle of solidarity in international law. Firstly, it reconstructs the foundations of solidarity in law and investigates the origins of the principle. Subsequently, it tries to ascertain if solidarity exists as a principle in international law and, if so, what its scope is. The book then examines the eventual implementation of the principle of solidarity in regional organizations law: the question is whether solidarity is more effective and if it is actually better fulfilled when relationships between states get stronger, such as in regional and sub-regional organizations. Such implementation is notable in EU Law, but the analysis also involves other regional and sub-regional organizations, namely the African Union, ECOWAS, the League of Arab States, and MERCOSUR. This book takes into account not only some distinctive areas of solidarity, such as migration law, or specific institutional contexts where solidarity is a declared principle, objective or value, for example, the European Union, but it also considers whether, and to what extent, the manifestations of solidarity differ in disparate settings, trying to discover the reasons behind such divergences. The book will be of interest to researchers and academics in the areas of International Law, International Organizations Law, European Law, Human Rights Law, Business Law, and Constitutional Law.

The past few decades have witnessed a growth in the importance of services in the economy, yet until the 1980s, scholarly literature on the expanding role of trade in services in the world economy remained scarce. This timely research review, edited by a leading analyst in the field, brings together seminal works on the WTO and trade in services published in the last twenty-five years. Areas covered in this important set include the determinants and patterns of trade in services, services in regional integration agreements and the GATS. This book will be of immense value to scholars and practitioners interested in this evolving and increasingly relevant field of study.

This book critically analyzes emerging issues and challenges in delivering timely justice to common people. It brings a wide range of contemporary and relevant issues relating to the gross violation of human rights and presents situation-based evidence from, and first-hand experiences of behavioral, social and legal professionals. It deals with themes such as holding administrations accountable and securing justice, challenges for the judiciary in the early disposal of cases, challenges to the forensic community, green federalism and environmental justice, current threats to human rights, ethics in the criminal justice system and honor killing from socio-cultural perspectives. Topical and comprehensive, this book will be an excellent read for scholars and researchers of political studies, legal studies, human rights, psychology, behavioural studies, political sociology, sociology, development studies, governance and public policy, environmental studies and South Asian studies. It will also interest policymakers, nongovernmental organizations, activists and professionals in the field.

This book addresses the use of Benedict Spinoza's philosophy in current attempts to elaborate an ecological basis for international environmental law. Because the question of environmental protection has not been satisfactory resolved, the legal debate concerning our responsibility for the environment has - as evidenced in the recent UN report series Harmony with Nature - come to invite calls for a new eco-centric, rather than anthropocentric, legal paradigm. In this respect, Spinoza appears as a key figure. He is one of the few philosophers in the history of western philosophy who cares, and writes extensively, about the roots of anthropocentrism; the core issue of contemporary normative debates in ecology. And in response to the rapidly developing ecological crisis, his work has become central to a re-thinking of the human relationship with nature. Addressing the contention that Spinoza's ethics might provide a useful source for developing a new, eco-centred framework for environmental law, this book elaborates a more nuanced understanding of Spinoza's philosophy. Spinoza cannot, it is argued here, simply be reduced to an eco-ethicist. That is: his metaphysics cannot be used as basis of an essentially naturalised or extended human morality. At the same time, however, this book argues that the radicality of Spinoza's naturalism nevertheless offers the possibility of developing a more adequate ecological basis for environmental law.

This collection sets about untangling some of the knotty issues in the underexplored relationship between human rights and the media. We investigate how complex debates in political, judicial, academic and public life on the role and value of human rights are represented in the media, particularly, in print journalism. To focus the discussion, we concentrate on media representation of the controversial proposals in the United Kingdom to repeal the Human Rights Act 1998 and to replace it with a British Bill of Rights. The collection is underpinned by the observation that views on human rights and on the proposals to repeal and replace are polarised. On the one hand, human rights are presented as threatening and, therefore, utterly denigrated; on the other hand, human rights are idolised, and, therefore, uncritically celebrated. This is the 'fear and fetish' in our title. The media plays a decisive role in constructing this polarity through its representation of political and ideological viewpoints. In order to get to grips with the fear, the fetish and this complex interrelationship, the collection tackles key contemporary themes, amongst them: the proposed British Bill of Rights, Brexit, prisoner-voting, the demonisation of immigrants, press freedom, tabloid misreporting, trial by media and Magna Carta. The collection explores media representation, investigates media polarity and critiques the media's role.

In this significantly revised second edition of Bronwyn Hayward's acclaimed book Children Citizenship and Environment, she examines how students, with teachers, parents, and other activists, can learn to take effective action to confront the complex drivers of the current climate crisis including: economic and social injustice, colonialism and racism. The global school strikes demand adults, governments, and businesses take far-reaching action in response to our climate crisis. The school strikes also remind us why this important youthful activism urgently needs the support of all generations. The #SchoolStrike edition of Children Citizenship and Environment includes all new contributions by youth, indigenous and disability activists, researchers and educators: Raven Cretney, Mehedi Hasan, Sylvia Nissen, Jocelyn Papprill, Kate Prendergast, Kera Sherwood O' Regan, Mia Sutherland, Amanda Thomas, Sara Tolbert, Sarah Thomson, Josiah Tualamali'i, and Amelia Woods. As controversial, yet ultimately hopeful, as it was when first published, Bronwyn Hayward develops her 'SEEDS' model of 'strong ecological citizenship' for a school strike generation. The SEEDS of citizenship education encourage students to develop skills for; Social agency, Environmental education, Embedded justice, Decentred deliberation and Self-transcendence. This approach to citizenship supports young citizens' democratic imagination and develops their 'handprint' for social justice. This ground-breaking book will be of interest to a wide audience, in particular teachers and professionals who work in Environmental Citizenship Education, as well as students and community activists with an interest in environmental change, democracy and intergenerational justice.

This book critically analyzes emerging issues and challenges in delivering timely justice to common people. It brings a wide range of contemporary and relevant issues relating to the gross violation of human rights and presents situation-based evidence from, and first-hand experiences of behavioral, social and legal professionals. It deals with themes such as holding administrations accountable and securing justice, challenges for the judiciary in the early disposal of cases, challenges to the forensic community, green federalism and environmental justice, current threats to human rights, ethics in the criminal justice system and honor killing from socio-cultural perspectives. Topical and comprehensive, this book will be an excellent read for scholars and researchers of political studies, legal studies, human rights, psychology, behavioural studies, political sociology, sociology, development studies, governance and public policy, environmental studies and South Asian studies. It will also interest policymakers, nongovernmental organizations, activists and professionals in the field.

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.

Balancing a child's welfare interests and rights so as to ensure recognition and respect for his or her autonomous identity, while facilitating family unity, has become a major challenge for modern family law. This book, following on from The Principle of the Welfare of the Child: A History, examines, contrasts, and compares the response of England and Wales and Ireland to that challenge. It does so by applying the same matrix of indicators to explore, in each country, the distinction between welfare interests and rights and to trace changes in the balance between them. By profiling the nations in accordance with the same indicators, it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children.

This book delves into the major developments triggered by the hydrocarbon discoveries in the Eastern Mediterranean over the last twenty years, focusing on maritime boundary delimitation. Examining the impact that the hydrocarbon discoveries have had on the application of the law of the sea rules by the East Med states, the book looks at the new trends concerning the implementation of the law of the sea in the region. The book analyses regional state practice in terms of maritime delimitation, namely the conclusion of bilateral agreements based on the law of the sea rules, both conventional and customary, reflecting the East Med states' willingness to cooperate in order to reap the benefits of the energy windfall. Alongside this analysis, an outline of the hydrocarbon discoveries and the pertinent maritime activities is given, as well as further coverage of the overlapping maritime claims and disputes between Greece, Cyprus and Turkey on one side, and Lebanon and Israel on the other. Moreover, the book examines the validity of maritime claims made by or through non-state entities in the region, namely the State of Palestine, the UK Sovereign Base Areas and the so-called 'Turkish Republic of Northern Cyprus' and their potential impact on the delimitation agreements already in place. The book argues that the East Med paradigm concerning the successful application of the pertinent norms in maritime delimitation proves that international law is resilient and capable of providing solutions in other turbulent regions around the globe. This book will be of interest and importance to academics and students of international law, professionals in the oil and shipping industries, legal professionals and government agencies.

This book provides an overview of disability exceptions to copyright infringement and the international and human rights legal framework for disability rights and exceptions. The focus is on those exceptions as they apply to visual art, while the book presents a comprehensive study of copyright's disability exceptions per se and the international and human rights law framework in which they are situated. 3D printing now allows people with a visual impairment to experience 3D reproductions of paintings, drawings and photographs through touch. At the same time, the uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by people with a visual impairment. The work adopts an interdisciplinary approach, with contributions from diverse stakeholders, including persons with disabilities, cultural institutions and the 3D printing industry. The book sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then critically analyse the current legal landscape relating to disability access to works of visual art at both international and regional levels, as well as across a broad representative sample of national jurisdictions, and identify where legal reform is required. This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law and enhanced inclusivity.

Leading Works in Law and Religion brings together leading and emerging scholars in the field from the United Kingdom and Ireland. Each contributor has been invited to select and analyse a 'leading work', which has for them shed light on the way that Law and Religion are intertwined. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field, exploring in particular the interdisciplinary potential of the study of Law and Religion. The book also includes a specially written introduction and conclusion, which critically comment upon the development of Law and Religion over the last 25 years and likely future developments in light of the reflections by contributors on their chosen leading works.

In the light of NATO's humanitarian war in Kosovo is it possible to understand or explain wars as an outcome of perceptions of rights? How did rights, be they divine rights in the Middle Ages, territorial rights in the eighteenth century, or human rights today, become something that people are willing to fight and die for? To answer these questions, this book explores the linkage between concepts of rights and the practice of war in the international arena. Alkopher describes how normative structures of rights have shaped different practices of war from medieval to modern times, through the lens of social constructivism. From the eleventh to the thirteenth century, concepts of divine rights and institutionalized practices of the Crusades to the Holy Land fostered the prevailing ideas of international rights and war. In the eighteenth century, the institutionalization of states' rights and territorial wars shaped international conflict. This view held until the late twentieth century when the institutionalization of human rights coupled with the emerging practice of humanitarian war, particularly NATO's war in Kosovo, engendered new norms of international conduct. The author concludes that rights have the power to constitute an international order that will be either cooperative or conflictual and the choice of outcome is very much in our hands. This book will be essential reading for international relations and political science scholars and students but also philosophers, legal and sociological historians and international lawyers.

This book provides a magisterial account of the history, conceptualization, and institutionalization of the concept of sustainable development in international law and policy-making. It provides helpful and insightful illumination of these issues, both at a general level and specifically through an extended case study of the evolution of the WTO Agreement on Agriculture - a particularly appropriate choice of case study given that agriculture implicates a wide range of divergent values, including the economic benefits of free trade; promoting access to affordable food; protecting small subsistence farmers, especially in developing countries; and minimizing environmental degradation through over-exploitation of natural resources such as fisheries, soil depletion or contamination. An overarching and constructive theme of the book is the need for greater legal coherence in international law making across these various domains which are often fragmented in institutional silos that lack effective integrating mechanisms.' - Michael Trebilcock, University of Toronto, Canada'Sustainable development, now made fully operational thanks to the contribution of Elisabeth Burgi Bonanomi, can support policy reforms that will improve global governance, thus ensuring that the trade regime is shaped to support the policy objectives that it is meant to serve. The area of food and agriculture is in many ways a case study of a lack of consistency across policy areas. It is now high time to overcome this failure. I have no doubt that this volume represents a major contribution towards this end.' - Olivier De Schutter, Member of the UN Committee on Economic, Social and Cultural Rights The concept of sustainable development has become a fundamental discourse in international decision making. To enable pragmatic sustainable development governance, legally coherent, mutually supportive multilateral treaties are both necessary and important. This timely book provides an accessible insight into how the concept of sustainable development can be made operational for coherent law making through its translation into legal terms. The book is split into two informative points of inquiry. The first part of the book explores the origins of the sustainable development debate and sheds light on how the international community has inadequately operationalized the concept to utilize its full potential. In this view, Elisabeth Burgi Bonanomi illustrates how sustainable development can facilitate coherent international law making when it is understood as a multidimensional legal principle and methodical norm. The second part of the book adopts this notion as an analytical lens on the WTO Agreement on Agriculture, placing the focus specifically on food security and food sustainability. The overarching discussion contributes to one of the most intricate debates of international food governance and investigates the unresolved question of what a sustainable and coherent agricultural trade agreement could look like. Providing a comprehensive overview of sustainable development law, its origins, and its current theories, scholars and students with a background in international public law, trade, and investment law, development and human rights law, international relations, and environmental policy will find this book a valuable reference tool. Practitioners and policy-makers will benefit from the insight into the search for politically coherent and sustainable legal agreements.

When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field. Contents: Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law, Autarchic Analysis 2. The Value of Diversity: Relaxed Autarchy 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References

This book critically examines the social, psychological and legal perspectives of justice. It brings together a wide range of contemporary and relevant issues relating to the gross violation of human rights and presents situation-based evidence from firsthand experiences of behavioral, social as well as legal professionals. It deals with themes such as civic and legal rights of children; dignity of the third gender in India; food justice in a welfare state; rights of disabled children; secret marriage of individuals with mental health challenges; and ethics and good governance. Topical and comprehensive, this book will be an excellent read for scholars and researchers of political studies, legal studies, human rights, psychology, behavioral studies, political sociology, sociology, development studies, governance and public policy, and South Asian studies. It will also interest policy makers, NGOs, activists and professionals in the field.

The Millennium Development Goals, adopted at the UN Millennium Summit in 2000, are the world's targets for dramatically reducing extreme poverty in its many dimensions by 2015?income poverty, hunger, disease, exclusion, lack of infrastructure and shelter while promoting gender equality, education, health and environmental sustainability. These bold goals can be met in all parts of the world if nations follow through on their commitments to work together to meet them. Achieving the Millennium Development Goals offers the prospect of a more secure, just, and prosperous world for all. The UN Millennium Project was commissioned by United Nations Secretary-General Kofi Annan to develop a practical plan of action to meet the Millennium Development Goals. As an independent advisory body directed by Professor Jeffrey D. Sachs, the UN Millennium Project submitted its recommendations to the UN Secretary General in January 2005. The core of the UN Millennium Project's work has been carried out by 10 thematic Task Forces comprising more than 250 experts from around the world, including scientists, development practitioners, parliamentarians, policymakers, and representatives from civil society, UN agencies, the World Bank, the IMF, and the private sector. This report lays out the recommendations of the UN Millennium Project Task Force on Child and Maternal Health. The Task Force recommends the rapid and equitable scale-up of interventions like the Integrated Management of Childhood Illness, the universal provision of emergency obstetric care, and sexual and reproductive health services and rights be provided through strengthened health systems. This will require that health systems be seen as social institutions to which all members of society have a fundamental right. This bold yet practical approach will enable every country to reduce the under-five mortality rate by two-thirds and the maternal mortality rate by three-quarters by 2015.

National debts incurred by illegitimate regimes against the best interests of the citizens is a serious problem of international economics and politics. These sovereign debts, often referred to as odious debts, deplete the public purse and create an ongoing financial liability that serves to constrain investment and economic growth, and conspires to keep millions in poverty. This important and timely book explains the legal principles and politics involved in the issue of odious debts, and sovereign debt arrangements more generally. The author goes beyond abstract arguments and proposes legal rules and international regulation that should be put in place to create the right incentives to stop the transmission of odious debts. Her proposal is for a registration scheme for sovereign debt, and the imposition of positive duties on financiers who provide loans to sovereign borrowers. Sovereign Finance and the Poverty of Nations will appeal to students, academics, debt activists, policymakers, international finance practitioners and anyone with a general interest in sovereign finance affairs.

This book critically examines the social, psychological and legal perspectives of justice. It brings together a wide range of contemporary and relevant issues relating to the gross violation of human rights and presents situation-based evidence from firsthand experiences of behavioral, social as well as legal professionals. It deals with themes such as civic and legal rights of children; dignity of the third gender in India; food justice in a welfare state; rights of disabled children; secret marriage of individuals with mental health challenges; and ethics and good governance. Topical and comprehensive, this book will be an excellent read for scholars and researchers of political studies, legal studies, human rights, psychology, behavioral studies, political sociology, sociology, development studies, governance and public policy, and South Asian studies. It will also interest policy makers, NGOs, activists and professionals in the field.