Human Rights and Humanitarian Law E-Books Online, Collection 2016
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Brill´s Human Rights and Humanitarian Law E-Books Online, Collection 2016 is the electronic version of the book publication program of Brill in the field of Human Rights and Humanitarian Law in 2016.
Coverage:
Human Rights, Refugee Law, Immigration Law, Health Law, Children’s Rights, Minority and Group Rights, Humanitarian Law, International Criminal Law
This E-Book Collection is part of Brill´s Human Rights and Humanitarian Law E-Books Online Collection.
The title list and free MARC records are available for download here.
For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).
Coverage:
Human Rights, Refugee Law, Immigration Law, Health Law, Children’s Rights, Minority and Group Rights, Humanitarian Law, International Criminal Law
This E-Book Collection is part of Brill´s Human Rights and Humanitarian Law E-Books Online Collection.
The title list and free MARC records are available for download here.
For other pricing options, consortium arrangements and free 30-day trials contact us at sales-us@brill.com (the Americas) or sales-nl@brill.com (Europe, Middle East, Africa & Asia-Pacific).
Please contact our sales team for more information on prices and licensing.
Contemporary Issues Facing the International Criminal Court is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court.
Topics include:
• Jurisdiction: The 2008-2009 Gaza Issue
• The Obligation to Arrest in the Darfur Context
• Appropriate Limitations on Oversight
• The ICC and Prevention of Crimes
• Reparations
• Proving Mass Rape
• Focus on Africa: Is the ICC Biased?
• Increasing Rates of Apprehension and Arrest
Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court.
Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
Topics include:
• Jurisdiction: The 2008-2009 Gaza Issue
• The Obligation to Arrest in the Darfur Context
• Appropriate Limitations on Oversight
• The ICC and Prevention of Crimes
• Reparations
• Proving Mass Rape
• Focus on Africa: Is the ICC Biased?
• Increasing Rates of Apprehension and Arrest
Richard H. Steinberg is Professor of Law and Political Science at the University of California (Los Angeles), and Editor-in-Chief of www.ICCforum.com, a collaboration with the Office of the Prosecutor of the International Criminal Court.
Fatou B. Bensouda, who wrote the foreword, is Prosecutor of the International Criminal Court.
The Chinese Perspectives on Human Rights and Good Governance series reviews various aspects of human rights and good governance in China, including international human rights standards, specific substantive rights protection and rule of law, as well as constitutionalism, especially in the context of contemporary China. Its aim is to stimulate discussion on these and related topics, with a focus on international standards whenever these are applicable and relevant to China.
In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.
In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.
From Victims to Actors. Second Revised Edition
Author:
This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.
The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed.
Praise for the first edition:
"Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.”
Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ)
"Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.”
Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed.
Praise for the first edition:
"Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.”
Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ)
"Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.”
Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights
Author:
In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers.
Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations.
The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case.
This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.
Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations.
The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case.
This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.
The New European Refugee Law
This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union.
This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.
This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.
This book deals with the genesis, formation and development of two fundamental aspects of English Law, common law and equity. The common law laid down the rules governing cohabitation in communities and human rights. Equity was the offspring of natural law designed to prevent and remedy injustice resulting from unconscionable conduct. English law including both common law and equity was introduced in former British Colonies and dominions. In most of them it was retained after independence. This is the principal legacy of English colonization of countries. The introduction, application and retention of English law is reflected in Cyprus, a former British colony.
Editor:
The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
Sovereignty in the Age of Global Terrorism: The Role of International Organisations analyses the role of international organisations in adopting counterterrorism measures after 9/11 and the impact of these measures on the sovereignty of their Member States. The book examines the counterterrorism regimes of the UN and four regional organisations (with a special focus on the EU), as well as their implementation by their Member States. It includes the 2008 Kadi case of the European Court of Justice as case study of the conflicts between legal regimes that have competing mandates to fight terrorism. The relevance of the book lies in both comprehending the rationale for international actions against terrorism and the consequences on international law and State sovereignty.
Author:
What happens after a governing body is ousted during the course of armed conflict? In some cases, international organizations like the United Nations will appoint other States or itself to administer the transition of the post-conflict State to a place of lasting peace. In practice, however, this mission is hardly linear and becomes further complicated when these administrations are faced with threats to the fragile peace.
Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.
Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.
"Civic -Nationalism -Plus" in Israel and Other Multinational States
Author:
In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.
Perspectives from Theory and Practice
The ability of the International Criminal Court (ICC) to function effectively is heavily dependent on cooperation because it does not possess its own enforcement mechanism. In Cooperation and the International Criminal Court: Perspectives from Theory and Practice, edited by Olympia Bekou and Daley J. Birkett, scholars and practitioners in international criminal law provide a detailed analysis of the ICC cooperation regime.
Chapters focus on the law and practice of State cooperation, the role of civil society and regional organisations, asset recovery for the purpose of reparations, policy issues and how technology-driven tools can strengthen the ICC cooperation regime in practice. This collection provides a unique insight into the current status of cooperation as well as future challenges for the ICC.
Chapters focus on the law and practice of State cooperation, the role of civil society and regional organisations, asset recovery for the purpose of reparations, policy issues and how technology-driven tools can strengthen the ICC cooperation regime in practice. This collection provides a unique insight into the current status of cooperation as well as future challenges for the ICC.
This unique volume provides a detailed analysis of Australia’s 300 war crimes trials of principally Japanese accused conducted in the immediate aftermath of the Second World War. Part I contains contextual essays explaining why Australia established military courts to conduct these trials and thematic essays considering various legal issues in, and historical perspectives on, the trials. Part II offers a comprehensive collection of eight location essays, one each for the physical locations where the trials were held. In Part III post-trial issues are reviewed, such as the operation of compounds for war criminals; the repatriation of convicted Japanese war criminals to serve the remainder of their sentences; and reflections of some of those convicted on their experience of the trials. In the final essay, a contemporary reflection on the fairness of the trials is provided, not on the basis of a twenty-first century critique of contemporary minimum standards of fair trial expected in the prosecution of war crimes, but by reviewing approaches taken in the trials themselves as well as from reactions to the trials by those associated with them. The essays are supported by a large collection of unique historical photographs, maps and statistical materials. There has been no systematic and comprehensive analysis of these trials so far, which has meant that they are virtually precluded from consideration as judicial precedent. This volume fills that gap, and offers scholars and practitioners an important and groundbreaking resource.
Human Rights and the Politics of Social Change in the Global South
Series:
Nijhoff Law Specials, Volume: 88
Author:
In Beyond Parliament Horman Chitonge offers a unique combination of the conceptual dimensions with the practical examples of human rights discourse deployed as an instrument for social change in the global south. He uses the right to water and the right to food to illustrate that human rights are never given on a silver platter; giving effect to human rights is always an outcome of a continuous struggle to protect human dignity and value. To implement this view of human rights, the book argues, requires going beyond the parliamentary politics of recognising and acknowledging human rights in statutes and bill of rights to the radical democratic politics of giving effect to the recognised rights, especially among the poor and marginalised.
A Book Based on the Report “Strategic Assessment of Development of the Arctic: Assessment Conducted for the European Union”
Series:
Nijhoff Law Specials, Volume: 89
The Changing Arctic and the European Union provides a balanced and up-to-date overview of the multidimensional change taking place in the Arctic regions. Against this background, the role of the European Union regarding Arctic developments is considered, including the ongoing process of formulating an umbrella EU Arctic policy. In particular, the themes of climate change, maritime transport, fisheries, offshore oil and gas extraction, mining, land use and sociocultural change are discussed. The book comprises primarily an updated and expanded version of the report Strategic Assessment of Development of the Arctic: An assessment conducted for the European Union, produced for the European Commission. The report was to a great extent based on the interaction with Arctic stakeholders.
China has changed and the continuing changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition in 2008, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law.
Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.
Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.
From Theory to Practice
The Iron Curtain fell over a quarter of a century ago. With it fell also the relatively straightforward Western assumption that war was going to be a bi-polar, symmetrical affair, albeit one with nuclear overtones - an assumption around which the training and education of military officers had hitherto been built. The immediate post Cold War period showed officers wearing a blue, rather than a green helmet, negotiating with opponents whom they ought not to call enemies and keeping the peace in situations where there was no peace to keep. Added to this was the phenomenon of international terrorism, which manifested itself on the strategic, rather than merely the tactical level. Counter-insurgency operations in Iraq and Afghanistan demonstrate how difficult it is to win the hearts and minds of the local population while subduing the enemy at the same time. With the distinction between what is morally right and wrong becoming ever more blurred, the moral dilemmas of officers and men have begun to multiply and the need to reconsider the basic assumptions and practices of military ethics education in this highly unpredictable world has become ever more urgent. This volume, arising out of a conference held at the Centre for Leadership Development and Civic Education of the German Armed Forces, attempts to address that need. It offers the insights both of officers with combat experience and academics closely familiar with military training, and uniquely bridges the gap between theory and practice in the teaching of military ethics.
At a time when there is an evident socio-economic, political and cultural structural shift in the processes and practices associated with contemporary manifestations of antisemitism globally, it is important to explore its origins and examine whether the circumstances of its genesis can shed light on its longevity and adaptability. Few scholars are more qualified to undertake such a task than the authors of this volume, who have done so much to develop and advance the discipline of generative anthropology. In this study their groundbreaking hypothesis on the singular event that gave rise to human language and by extension human culture finds a fascinating parallel in the Jewish people's discovery/invention of monotheism, giving rise to historical resentments and hostility. The volume will be of interest to scholars working in the field of anti-discrimination and antisemtitism, as well as human rights scholars and cultural historians in general.
This book emphasizes a forgotten aspect of human rights, i.e., to establish that human rights captures its meaning from human activism and advocacy. It explores factors which drive the advocacy of human rights integrating religious values reflected in human rights law. The book explores human rights activism in the history of ideas and the contributions of Celtic culture. It develops the framework for understanding the human rights struggle and the advocacy functions which drive it, exploring the critical role of emotion in the form of sentiment, either positive or negative, that promotes or prevents human rights violations. The negative sentiment chapter explores the major forms of human rights violations. Positive sentiment explores the role of affect, empathy and human solidarity in the promotion of the culture of human rights. Further chapters explore affect, gender, and sexual orientation, human rights and socio-economic justice, human rights and revolution, transitional justice, indigenous human rights, nuclear weapons and intellectual property.
Essays in Honour of Michael Freeman
This collection, written by legal scholars from around the world, offers insights into a variety of topics from children’s rights to criminal law, jurisprudence, medical ethics and more. Its breadth reflects the fact that these are all elements of what can broadly be called ‘law and society’, that enterprise that is interested in law’s place or influence in diffferent aspects of real lives and understands law to be simultaneously symbol,
philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived.
The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.
The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).
philosophy and action. It is also testament to the broad range of vision of Professor Michael Freeman, in whose honour the volume was conceived.
The contributions are divided into categories which reflect his distinguished career and publications, over 85 books and countless articles, including pioneering work on children’s rights, domestic violence, religious law, jurisprudence, law and culture, family law and medicine, ethics and the law, as well as his enduring commitment to interdisciplinarity.
The volume begins with work on law in its philosophical, cultural or symbolic realm (Part I: Law and Stories: Culture, Religion and Philosophy), including its commitment to the normative ideal of ‘rights’ (Part II: Law and Rights), and then offfers work on law as coercive state action (Part III: Law and the Coercive State) and as regulator of personal relationships (Part IV: Law and Personal Living). It continues with reflections on the importance of globalisation, both of law and of ‘doing family’ in personal and public life (Part V: Law and International Living) before closing with two reflections on Michael Freeman’s body of work generally, including one from Michael himself (Part VI: Law and Michael Freeman).
Law as a Problem and Law as a Solution
Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?
Second Revised and Expanded Edition
This unique work is an article-by-article drafting history of the ICC Statute containing all versions of every article in the Statute as it evolved from 1994 to 1998. It also integrates in the Statute's provisions the "Elements of the Crimes" and the "Rules of Procedure and Evidence" adopted by the Preparatory Commission (1998-2000) and the Regulations of the Court adopted by the plenary of judges. A description of the ICC mechanisms and institutions precedes this article-by-article legislative history. Other relevant documents are also included, such as those concerning the privileges and immunities and financial regulations of the Court, as well as its relationship with the United Nations. This new edition contains the amendments adopted at the Kampala Conference, amendments to the Rules of Procedure and Evidence and the Regulations of the Court, and references to
relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC.
Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.
relevant case law cover ing the first decade of the Court’s judicial activity. It also offers an insightful first-hand account of the drafting process both prior to and during the Rome Diplomatic Conference, along with a detailed historical survey of the efforts to establish the ICC.
Government officials, judges, practitioners, and scholars seeking to interpret and understand the ICC Statute will find this publication unmatched for completeness and ease of use.
Author:
The book is an evaluation of the doctrine and practice of international criminal courts and tribunals on the position of witnesses against a theoretically informed ideal of a cosmopolitan world order. It seeks to ascertain that there is a cosmopolitan international community, with shared values, that are instantiated in the international criminal tribunals, and that is what justifies the exercise of jurisdiction over witnesses who provide false testimony or engage in other forms of contempt of court. The book evaluates the practice of the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
Discourse, Policy and Practice
Managing Editor:
The volume “Pro-independence Movements and Immigration: Discourse, Policy and Practice”, edited by Roberta Medda-Windischer and Patricia Popelier, explores the ways in which pro-independence movements and the governments of sub-state nations view and interact with new immigrants. It also examines the attitudes of new minorities toward pro-independence movements. Through case studies from the Basque Country, Flanders, Catalonia, Quebec, Scotland and South Tyrol, the authors examine the interrelationship between pro-independence movements and new minorities from a new perspective, oriented towards a more plural and inclusive approach between all individuals and groups (regardless of whether they are old or new minority groups) living in a given territory, and particularly in sub-national territories.
Re-understanding the Child’s Right to Identity - On belonging, Responsiveness and Hope, by Ya'ir Ronen offers an innovative understanding of the right to identity aiming to transform its meaning and thus its protection. Drawing on sources from different disciplines, including law, theology, philosophy, psychology and social work, the author offers a vision of social and legal change in which law is a healing force. In it, policies and practice protect children's sense of belonging recognizing human interdependence. They dignify children's disempowered narratives through their responsiveness, protect children's need to be authentic beings and nourish the hope for change and growth in children at risk and their families
Human Rights in International Economic Law and Policy
Author:
In Regime Accommodation in International Law: Human Rights in International Economic Law and Policy, Heejin Kim analyses the ways in which international human rights and economic law interact and conflict across a range of complex issues. These sub-branches of international law are not entirely autonomous; as the author shows, they have been developed in a close relation to each other. International law – imperfect as it is – provides means to resolve the antinomies arising from conflicting rights and obligations under these sub-fields. Against the difficulties of addressing non-economic concerns including human rights in the practice of WTO and foreign investment regime, Kim examines how decision-makers at different stages of international economic policy-making can accommodate, invoke, or reflect human rights in a better way.
Author:
The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification clause of an international criminal court's internal legal instruments or go beyond its express and ordinary terms. The present monograph will point to various sources of legal uncertainty which international criminal courts have generated in the limitation process of those human rights relevant to international criminal proceedings and to the definition of international crimes. The monograph will examine the relation between human rights, limitations on human rights standards and proportionality under international criminal procedural law and international criminal law (understood substantively) in light of the limitation and proportionality practices of international human rights monitoring bodies.
Author:
In this study, Heike Niebergall-Lackner discusses the classical military offence of desertion from the standpoint of international law.
Taking account of the three factual situations that might arise following a desertion in international armed conflicts - capture by the home country, capture or crossing over to the enemy party, and seeking refuge in a country not involved in the conflict – the examination offers a comprehensive overview of the treatment and the protection afforded to deserters under international human rights law, international humanitarian law and refugee law.
The examination is conducted against the background of the duties of soldiers under modern international law and shows that, depending on the legality of the conflict, desertion might represent the legitimate decision of the individual to act in accordance with these duties.
Taking account of the three factual situations that might arise following a desertion in international armed conflicts - capture by the home country, capture or crossing over to the enemy party, and seeking refuge in a country not involved in the conflict – the examination offers a comprehensive overview of the treatment and the protection afforded to deserters under international human rights law, international humanitarian law and refugee law.
The examination is conducted against the background of the duties of soldiers under modern international law and shows that, depending on the legality of the conflict, desertion might represent the legitimate decision of the individual to act in accordance with these duties.
Perspectives of Northern Indigenous Peoples
Understanding the Many Faces of Human Security: Perspectives of Northern Indigenous Peoples addresses the different aspects of the human security challenges threatening Northern indigenous peoples. These peoples, whose unique, nature-based livelihoods maintain their identity, face difficulties linked to a changing natural and social environment. Their traditional worldviews are challenged as the world they have known for generations is literally melting away. The North experiences numerous pressures linked to rapid modernization, industrialization, demographic pressure and cultural changes. These threats are presented from various angles, such as indigenous understanding of security, governance, sustainability, livelihood practices, mining, nature-based resources and land use management, gender and the elderly. The focus groups of the book are the Ainu, Inuit, Nenets, Sámi and the Mongolian indigenous herders.
This volume explores sanctions as instruments of coercive diplomacy, delving into theoretical arguments and combining perspectives from international law and international relations scholars and practitioners. Primary questions include the compatibility and legitimacy of sanctions regimes, enforcement measures, including the role of sanctions committees, the practice of circumventing sanctions, and the relation with the ICC proceedings. Legal and institutional aspects of the practice of the European Union are addressed. The extraterritorial effects of national legislation implementing sanctions imposed by individual States are investigated. A focus is on the impact of sanctions on non-State actors. The connections with the protection of human rights and the adverse impact on individual rights are considered. The implementation of sanctions is addressed in view of their legal limitation and the concept of proportionality, their consequences upon existing treaties and contracts, their effectiveness, and their strategic implications.
An International Law Perspective
Editor:
Collective cultural rights are commonly perceived as the most neglected or least developed category of human rights. Cultural Rights as Collective Rights – An International Law Perspective endeavours to challenge this view and offers a comprehensive, critical analysis of recent developments in distinct areas of international law and jurisprudence, from every region of the world, in relation to the scope, legal content, and enforceability of such rights.
Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.
Leading international scholars explore the conceptualisation and operationalisation of collective cultural rights as human rights, encompassing community rights, and discuss the ways in which such rights may collide with other, mostly individual, human rights. As such, Cultural Rights as Collective Rights – An International Law Perspective offers a cross-cutting and original overview on how the protection, recognition and enforcement of collective cultural rights affect the development, changes and formation of general international law norms.
The Future Law
Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances.
The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
Author:
In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
Comparative Legal Practice and Theory
Does human rights law help us to define who qualifies as a refugee? If so, then how? These deceptively simple questions sit at the heart of an intense contemporary debate over whether, or how, interpretation of the refugee definition in the Refugee Convention should take account of human rights law. In Human Rights and the Refugee Definition, Burson and Cantor bring a fine-grained comparative perspective to this debate. For the first time, they collect together in one edited volume over a dozen new studies by leading scholars and practitioners that explore in detail how these legal dynamics play out in a range of national and international jurisdictions and in relation to particular thematic challenges in refugee law.
Author:
This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council.
A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts.
"With this thorough and thought provoking study, Andrea Carcano has put us all in his debt."
From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts.
"With this thorough and thought provoking study, Andrea Carcano has put us all in his debt."
From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
A Commentary
In the first Commentary on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons – known colloquially as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the restitution rights of persons who have faced forced displacement and the loss of their homes, lands and properties.
The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.
The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.
A New International Law of Security and Protection
Author:
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
Author:
Across the world, ethnic, religious and linguistic minorities are subjected to hate crimes, systematic discrimination and marginalization. Religious minorities have recently faced particular threat in certain regions, while in other parts of the globe identity based on race or ethnicity has been used as a basis for exclusion.
In The First United Nations Mandate on Minority Issues, Gay McDougall curates a selection of reports she produced as UN Independent Expert on Minority Issues. The collection, with her introductory analysis, reveals the challenges and opportunities faced in her attempt to highlight the plight of these oppressed communities around the world and to shape an important new mechanism for the UN’s protection of their rights.
In The First United Nations Mandate on Minority Issues, Gay McDougall curates a selection of reports she produced as UN Independent Expert on Minority Issues. The collection, with her introductory analysis, reveals the challenges and opportunities faced in her attempt to highlight the plight of these oppressed communities around the world and to shape an important new mechanism for the UN’s protection of their rights.
In the years to come the international legal order will have to face a broad range of challenges, of both an institutional and substantive nature. That is precisely the focus of this collective volume written by contributors from Flanders and the Netherlands. Although they are specialists in different fields of international law, what unites them is their position as Emeritus professors, with long and respected careers and a wealth of experience and insight. Their brief was to reflect - from their silver perspective - on the future of their respective fields and the most pressing challenges that lie ahead for them. The result is a fascinating, thought-provoking and above all original collection, offering the reader the benefit of the collective wisdom of this group of eminent "silver" scholars.
Author:
In this commentary, Aoife Daly provides analysis of Article 15 of the UN Convention on the Rights of the Child – the right of children to freedom of association and assembly. Relevant international law text and case law are examined, but this commenary goes beyond this to reconceptualise Article 15. The right is applied to themes as varied as association with family and friends, political demonstrations, and the unionisation of working children, with the special position of children to the forefront of the analysis. Possibilities for progressing the right through UN mechanisms, courts and other arenas are considered. In doing so, this book pushes traditional boundaries to and understandings of association and assembly, drawing-out particularly child-specific elements of this crucial right.
A New Look at Asian Relationships
Author:
This volume is an updated and expanded version of the author’s original book, first published by Martinus Nijhoff Publishers and based on his cum laude doctoral dissertation. That volume discussed how the Five Principles of Peaceful Coexistence drowned in the first war between a communist and a non-aligned state. This new edition reproduces the original text, but supplements it considerably in light of subsequent developments and official records and reports only later released or leaked to the public. It places Sino-Indian relations in the wider, current context of the rise of China, the position of Tibet and the disorganised state of Asia. The border dispute did not prevent substantial economic relations developing between the two countries and visits taking place at the highest political level. But it still gives rise to almost daily incursions, and in the current climate, the risk of a clash is growing, as forces have been strengthened and most of the Line of Actual Control has not been demarcated. This thought-provoking volume sheds light on what is still a complex and uneasy relationship.