Abstract
Citizenship and Constitutional Law / Jo Shaw (ed). Edward Elgar Publishing, 2018. ISBN: 9781783471065
The papers collected in this volume highlight the complex dynamic relationship between citizenship – as membership status – and the constitutional law which provides the cornerstone of all polities. It shows the many different ways in which we must use constitutional law in order fully to understand how one becomes a citizen, and what the meaning of citizenship is. Edited by a leading authority in the field, this volume contains the key works which cover national, transnational and international aspects of the topic, and the book provides a particular focus on how constitutional law constructs and upholds the range of citizenship rights.
Corporate Accountability under Socio-Economic Rights / Jernej Letnar Černič. Routledge, 2019. ISBN: 9781138288782
In recent decades, corporations have increasingly accepted that they have obligations to respect the socio-economic rights of individuals whose rights to livelihoods, education, food, health, housing and water are affected by the actions of corporations on a daily basis. Despite this, it is often difficult for victims to bring corporations to court for violations of their socio-economic rights. Domestic constitutional systems provide, at best, fragile and limited protections against adverse corporate activities, while international responses have been lacking in creating obligations and accountability for corporations under socio-economic rights. The urgency of bolstering corporate accountability for socio-economic rights is therefore apparent.
In light of this, this book asks whether corporations are required to observe socio-economic rights and if they are accountable for any violations. In doing so, it identifies and analyzes the theoretical foundations and the existing scope of corporate accountability arising from socio-economic rights at both national and international levels. Through careful analysis, Jernej Letnar Černič exposes the stark need for greater clarity in the obligations and accountability of corporations, advocating a normative framework for corporate accountability for socio-economic rights in national legal orders which builds on existing mechanisms.
European Convention on Human Rights and General International Law / Anne van Aaken and Iulia Motoc (eds). Oxford University Press, 2018. ISBN: 9780198830009
The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Human and Societal Security in the Circumpolar Arctic: Local and Indigenous Communities / Kamrul Hossain, José Miguel Roncero Martín and Anna Petrétei (eds). Brill Nijhoff, 2018. ISBN: 9789004363014
Human and Societal Security in the Circumpolar Arctic addresses a comprehensive understanding of security in the Arctic, with a particular focus on one of its sub-regions – the Barents region. The book presents a comparative and interdisciplinary perspective to which the Arctic is placed as referent, and special attention is paid to the viewpoint of local and indigenous communities. Overarching topics of human and societal security are touched upon from various angles and disciplinary approaches. The discussions are framed in the broader context of security studies. The volume specifically addresses the challenges facing the Arctic population which are important to be looked at from human security perspectives.
Human Dignity: Perspectives From a Critical Theory of Human Rights / Amós Nascimento and Matthias Lutz-Bachmann (eds). Routledge, 2018. ISBN: 9781138204447
Connecting three generations of critical theorists, this edited collection focuses on the mutual complementarity between the concept of “human dignity” and the theory and practice of human rights.
Human dignity has recently emerged as a controversial theme in the philosophy of human rights and has become the subject of a growing debate involving theological, political, juridical, moral, and biomedical perspectives. Previously, interpretations of this concept took for granted specific definitions of this term without accounting for the perspective offered by a “Critical Theory of Human Rights.” This interdisciplinary perspective relies on a tradition that goes from Immanuel Kant to Jürgen Habermas, influences new generations, and sheds more light on how human dignity is used (and abused) in contemporary discourses. Based on this tradition, the contributors sustain an engaged discussion of the topic and address issues such as domination, colonialism, multiculturalism, globalization, and cosmopolitanism. Informed by different contexts, each author offers a unique contribution to distinctive aspects of the necessary internal correlation between human dignity and human rights.
This book will be of interest to students and researchers in human rights in Europe, North America, and Latin America and readers in the areas of political science, philosophy, sociology, law, and international relations.
The Human Rights Covenants at 50: Their Past, Present, and Future / Daniel Moeckli, Helen Keller and Corina Heri (eds). Oxford University Press, 2018. ISBN: 9780192560278
Half a century ago, on 16 December 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). While the adoption of the two UN human rights covenants was celebrated all over the world, their 50th anniversary has received very little attention from the international community. The present book marks this anniversary by taking stock of the first half-century of the existence of what are probably the world’s two most important human rights treaties. It does so by reflecting on what the covenants have achieved (or failed to achieve) in the years that have passed, by determining and comparing their current influence in the various regions of the world, and by assessing their potential roles in the future. The book contains papers that were presented during a symposium held in Zurich in 2016, which brought together experts and stakeholders from a range of disciplines and world regions. Some fundamental issues that are addressed by the contributors are as old as the two covenants themselves. They concern, for example, the division of human rights into first- and second-generation rights, and the question of whether there should be one central monitoring body - possibly a world court - or more than just one. However, the contributors go beyond such questions that have been explored before; they develop new answers to old questions and point to new challenges.
International Humanitarian NGOs and State Relations: Politics, Principles and Identity / Andrew J. Cunningham. Routledge, 2018. ISBN: 9781138049147
International Humanitarian NGOs and State Relations: Politics, Principles and Identity examines the often discordant relationship between states and international non-governmental organisations working in the humanitarian sector. INGOs aiming to provide assistance to populations suffering from the consequences of conflicts and other human-made disasters work in the midst of very politically sensitive local dynamics. The involvement of these non-political international actors can be seen as a threat to states that see civil war as a state of exception where it is the government’s prerogative to act outside ‘normal’ legal or moral boundaries. Drawing on first-hand experience of humanitarian operations in contexts of civil war, this book explores how the relationship works in practice and how often clashing priorities can be mediated.
Using case studies of civil conflicts in Sri Lanka, Darfur, Ethiopia and Chechnya, this practice-based book brings together key issues of politics, principles and identity to build a ‘negotiation structure’ for analysing and understanding the relationship. The book goes on to outline a research and policy development agenda for INGOs to better adapt politically to working with states.
International Humanitarian NGOs and State Relations will be a key resource for professionals and policy makers working within international humanitarian and development operations, as well as for academics and students within humanitarian and development studies who want to understand the relationship between states and humanitarian and multi-mandate organisations.
Mobilising International Law for ‘Global Justice’ / Jeff Handmaker and Karin Arts (eds). Cambridge University Press, 2018. ISBN: 9781108497947
Mobilising International Law for ‘Global Justice’ provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage tensions between incompatible legal systems and bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify.
Moving Beyond Barriers, Prospects for EU Citizenship / Sandra Seubert, Marcel Hoogenboom, Trudie Knijn, Sybe de Vries and Frans van Waarden (eds.). Edward Elgar Publishing, 2018. ISBN: 9781788113632
The concept of supranational European citizenship has become one of the core concepts of the EU’s unique polity. It has, however, been one of the most difficult to actualise. This book examines the challenges of, and barriers to, exercising full citizenship rights for European citizens and considers how they might best be overcome. Drawing on cutting-edge research from interdisciplinary areas of study, this book examines the key issues surrounding EU citizenship. Reflecting on the diversity of European societies, it identifies, analyses and compares the many barriers that citizens face to fully exercising their rights. With chapters examining key issues from migration to democratic governance and social rights, Moving Beyond Barriers critically analyses concepts of citizenship and the way that EU citizenship is politically, legally, economically and socially institutionalised, and elaborates alternatives to the current paths of realising EU citizenship. Citizenship issues feature prominently in the European policy-making agenda and the insights offered by this book will be of benefit to those with an interest in EU law, social and public policy and administration. Policy-makers and practitioners will also benefit from the reflections on citizenship and the practical guidance on how to move beyond current issues regarding EU citizenship.
Protecting Children in Armed Conflict / Shaheed Fatima, et al. Hart Publishing, 2018. ISBN: 9781509923038
In armed conflicts around the world, children are being killed, raped, abducted and recruited to fight at a shocking scale. In light of this continuing general failure to protect children in conflict, it is questionable whether existing international law norms and institutions provide sufficient protection and accountability. Consideration needs to be given to whether international law can do more – practically and effectively – when moral lines are crossed. That is the purpose of this book. It reviews the position of children in armed conflict by reference to the ‘six grave violations’ as identified by the UN Security Council. It analyses the protection offered by international humanitarian law, international criminal law and international human rights law, and also assesses the related adjudicative accountability mechanisms. The analysis concludes with a number of recommendations and proposals for reform, with a view to enhancing accountability and deterring future violations.The book has been written by a team of lawyers, headed by Shaheed Fatima QC, and has drawn on the input of an expert advisory panel comprising leading academics, policy-makers and activists. It has been written as part of the Inquiry on Protecting Children in Conflict. The Inquiry has been sponsored by Save the Children and Theirworld and chaired by former UK Prime Minister, Gordon Brown.
Protecting Migrant Children: In Search of Best Practice / Mary Crock and Lenni B. Benson (eds). Edward Elgar Publishing, 2018. ISBN: 9781786430267
With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children. The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking.
Regaining Paradise Lost: Indigenous Land Rights and Tourism. Using the UNGPS on Business and Human Rights in Mainstreaming Indigenous Land Rights in the Tourism Industry / Mary Kristerie A. Baleva. Brill, 2018. ISBN: 9789004376779
Mary Kristerie A. Baleva’s Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community’s 15-year struggle for recognition of their ancestral domains in Boracay Island, the region’s premiere beach destination.
Sexual Orientation and Gender Identity Discrimination / Holning Lau. Brill, 2018. ISBN: 9789004345485
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination. This volume is an essential guide for researchers seeking to acquaint themselves quickly with a comparative view of cutting-edge issues concerning sexual orientation and gender identity rights.
Strategic Human Rights Litigation: Understanding and Maximising Impact / Helen Duffy. Hart Publishing, 2018. ISBN: 9781509921973
Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies ‘strategically’ to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author’s own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the ‘war on terror’; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.