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Refugee law is going through momentous times, as dictatorships
tumble, revolutions simmer and the 'Arab Awakening' gives way to
the spread of terror from Syria to the Sahel in Africa. This
compilation of topical chapters, by some of the leading scholars in
the field, covers major themes of rights, security, the UNHCR,
international humanitarianism and state interests and sets out to
map new contours.The concerns over our security are replacing
humanitarian concerns over the plight of others. Securitization,
exclusion and the internal relocation of genuine refugees are now
the favored polices. Yet, while central idioms of protection,
persecution and non-refoulement have changed, there are also new
demands on refugee law. The contributors to this book ask whether
there are new spheres of protection emerging, for which refugee law
must find a clear space, such as the protection of child refugees,
trafficked persons, gender-related asylum and conscientious
objectors to military service. This timely and valuable book shows
that in these uncertain times, refugee law still has an exciting
and challenging future ahead. Contemporary Issues in Refugee Law
will appeal to academics, researchers, students and practitioners.
Contributors: I. Atak, F. Crepeau, C. Dauvergne, C. Harvey, S.S.
Juss, S. Kneebone, P. Mathew, S. Mullally, J.M. Pobjoy, J.C.
Simeon, R. Wallace
Human rights based budget analysis projects have emerged at a time
when the United Nations has asserted the indivisibility of all
human rights and attention is increasingly focused on the role of
non-judicial bodies in promoting and protecting human rights. This
book seeks to develop the human rights framework for such budget
analyses, by exploring the international law obligations of the
International Covenant on Economic, Social and Cultural Rights
(ICESCR) in relation to budgetary processes. The book outlines
international experiences and comparative practice in relation to
economic and social rights budget analysis and budgeting. The book
sets out an ICESCR-based methodology for analysing budget and
resource allocations and focuses on the legal obligation imposed on
state parties by article 2(1) of ICESCR to progressively realise
economic and social rights to 'the maximum of available resources'.
Taking Northern Ireland as a key case study, the book demonstrates
and promotes the use of a 'rights-based' approach in budgetary
decision-making. The book will be relevant to a global audience
currently considering how to engage in the budget process from a
human rights perspective. It will be of interest to students and
researchers of international human rights law and public law, as
well as economic and social rights advocacy and lobbying groups.
Human rights based budget analysis projects have emerged at a time
when the United Nations has asserted the indivisibility of all
human rights and attention is increasingly focused on the role of
non-judicial bodies in promoting and protecting human rights. This
book seeks to develop the human rights framework for such budget
analyses, by exploring the international law obligations of the
International Covenant on Economic, Social and Cultural Rights
(ICESCR) in relation to budgetary processes. The book outlines
international experiences and comparative practice in relation to
economic and social rights budget analysis and budgeting. The book
sets out an ICESCR-based methodology for analysing budget and
resource allocations and focuses on the legal obligation imposed on
state parties by article 2(1) of ICESCR to progressively realise
economic and social rights to 'the maximum of available resources'.
Taking Northern Ireland as a key case study, the book demonstrates
and promotes the use of a 'rights-based' approach in budgetary
decision-making. The book will be relevant to a global audience
currently considering how to engage in the budget process from a
human rights perspective. It will be of interest to students and
researchers of international human rights law and public law, as
well as economic and social rights advocacy and lobbying groups.
This edited collection addresses some of the most important
challenges in contemporary human rights law and practice. Its
central theme is the linkage between public finance, particularly
budget decisions, and the realisation (or not) of economic and
social rights. While much academic and political debate on economic
and social rights implementation has focused on the role of the
courts, this work places the spotlight squarely on those organs of
government that have the primary responsibility and the greatest
capacity for giving effect to such rights: namely, the elected
branches of government. The major actors considered in this book
are politicians, public servants and civil society, with their role
in realising economic and social rights the work's key focus. The
book thus makes a crucial contribution to remedying the current
imbalance in attention paid by economic and social rights scholars
to the legislature and executive vis-a-vis the judiciary. Featuring
pioneering work by leading experts in the field of human rights and
public finance, this multidisciplinary collection will be of great
interest to academics, practitioners, public servants and students
working in the areas of law, human rights, economics, development
and political science.
This collection examines the role and value of rights in divided
and post-conflict societies, approaching the subject from a
comparative and theoretical perspective. Societies emerging from
violent conflict often opt for a bill of rights as part of a wider
package of constitutional reform. Where conflict is fuelled by
longstanding ethno-national divisions, these divisions are often
addressed through group-differentiated rights. Recent
constitutional settlements have highlighted the difficulties in
drafting a bill of rights in divided/post-conflict societies, where
the aim of promoting unity is frequently in tension with the need
to accommodate difference. In such cases, a bill of rights might be
a rallying point around which both minorities and the majority can
articulate a common vision for a shared society. Conversely, a bill
of rights might provide merely another venue in which to play out
familiar conflicts, further dividing an already divided society.
The central questions that animate the collection are: (1) Can
constitutional rights provide a basis for unity and a common 'human
rights culture' in divided societies? If so, how? (2) To what
extent should divided societies opt for a universalistic package of
rights protections, or should the rights be tailored to the
specific circumstances of a divided society, providing for special
group-sensitive protections for minorities? (3) Is a divided
society more or less likely to adopt a bill of rights? (4) How does
the judiciary figure in the management or resolution of
ethno-national conflict? (5) What are the general theoretical and
philosophical issues at stake in a rights-based approach to the
management or resolution of ethno-national divisions or other
conflicts?
There has been a considerable focus in the last few years on the
meaning of the Human Rights Act 1998 and its real and potential
impact on judges and lawyers. Much has been written on the
implications of the new legislation for a variety of areas of law.
With the rising level of case-law the emphasis is now turning to
the impact of the legislation on specific areas of social life. In
this volume the focus is on the practice of human rights and how
they are enforced in reality. There is much discussion in the
literature of a 'human rights culture' but how precisely is such a
culture to be created, and how do we make sense of human rights? In
order to address these questions this volume is in two parts. Part
I examines general issues surrounding the full and effective
implementation of human rights, including their mainstreaming in
legal and political life as well as the implications of
constitutional change for human rights protection in the UK. Part
II explores the implications of human rights standards in
particular areas in order to test whether a 'human rights culture'
has emerged.
Recent developments in Northern Ireland have correctly been
described as historic. While the future of constitutional change is
by no means certain,events merit close scrutiny. The Good Friday
Agreement 1998 marked a significant departure from incrementalism
and thus with the dominant logic of British constitutionalism. The
Agreement is in essence a constitutional promise anchored in clear
normative principles. Although several aspects of the Agreement are
in operation there is no guarantee that this new form of
constitutionalism will work. However, the foundations of the
settlement are clear. The building blocks reflect a strong
commitment to human rights, equality and democratic renewal which
encompasses a multiplicity of overlapping relationships. This book
examines several key aspects of this complex picture. Developments
in Northern Ireland have attracted a large measure of international
interest. Reflecting this the contributors demonstrate the links to
current controversies in constitutional and human rights law
scholarship. At a time when there is much consideration of
constitutional change in the UK and beyond, the intention is to
offer a collection that both describes the changing legal and
political landscape in Northern Ireland and one which provides a
significant contribution to current debates on constitutionalism.
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