Abstract
Banda F, African Migration, Human Rights and Literature (Hart Publishing 2020)
This innovative book looks at the topic of migration through the prism of law and literature. The author uses a rich mix of novels, short stories, literary realism, human rights and comparative literature to explore the experiences of African migrants and asylum seekers.
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Bobek M and Adams-Prassl J, The EU Charter of Fundamental Rights in the Member States (Hart Publishing 2020)
Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious ‘praktische Konkordanz’ or rather a messy ‘ménage à trois’?
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Boyle FA, World Politics, Human Rights, and International Law (Lexington Books 2021)
World Politics, Human Rights, and International Law examines the functional dynamics between these concepts based upon the author’s professional experiences dealing with real world situations, problems, and crises: from the Bush, Obama, and Trump administrations; Iraq, Iran, Palestine, Israel, and Syria; Bosnia and Herzegovina; successfully litigating genocide at the World Court; indicting Slobodan Milosevic at the International Criminal Tribunal for the Former Yugoslavia; prosecuting American torture and enforced disappearances at the International Criminal Court; opposing nuclear, chemical, and biological weapons; citizen civil resistance against state crimes; protecting Indigenous Peoples, etc. The reader can see how the author defined these predicaments from the perspective of international law and human rights, and then proceeded to grapple with them and to rectify them. This book demonstrates the power of international law and human rights to make a positive difference for international peace and justice as well as for the good of humanity in the real world of international power politics. By reading this book the citizen will be empowered and inspired to do the same.
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Capdepón U and Figari Layús R, The Impact of Human Rights Prosecutions Insights from European, Latin American, and African Post-Conflict Societies (Leuven University Press 2021)
Human rights prosecutions are the most prominent mechanisms that victims demand to obtain accountability. Dealing with a legacy of gross human rights violations presents opportunities to enhance the right to justice and promote a more equal application of criminal law, a fundamental condition for a more substantive democracy in societies. This book seeks to analyse the impact, advances, and difficulties of prosecuting perpetrators of mass atrocities at national and international levels. What role does criminal justice play in redressing victims’ wrongs, guaranteeing the non-repetition of mass atrocities, and attempting to overcome the damage caused by systematic human rights violations? This volume addresses critical issues in the field of human rights prosecution by drawing on the experiences of a variety of post-conflict and authoritarian countries covering three world regions. Contributing authors cover prosecutions in post-Nazi Germany, post-Communist Romania, and transnational legal complaints by victims of the Franco dictatorship, as well as domestic and third-country prosecutions for human rights violations in the pioneering South American countries of Argentina, Chile, Peru, and Uruguay, prosecutions in Darfur and Kenya, and the work of the International Criminal Court. The Impact of Human Rights Prosecutions offers insights into the difficulties human rights trials face in different contexts and regions, and also illustrates the development of these legal procedures over time. The volume will be of interest to human rights scholars as well as legal practitioners, participants, justice system actors, and policy makers.
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Erdem Türkelli G, Children’s Rights and Business: Governing Obligations and Responsibility (Cambridge University Press 2020)
Children’s Rights and Business: Governing Obligations and Responsibility is a comprehensive legal inquiry into children’s rights and business. Relying on insights from various disciplines, the book illustrates the need for a children-focused inquiry on business and human rights. An analysis of the norm legalization process around the regulation of business and human rights, particularly of children’s rights follows the inquiry into existing hard and soft law regulatory frameworks on children’s rights and business. The book goes on to evaluate the promise of these frameworks in light of globalized business transactions through the lens of in-depth case illustrations on children’s rights in cotton and mineral supply chains and children’s rights in large-scale energy and transport investment projects. Finally, it concludes with a normative outlook on governing the children’s rights obligations of businesses and responsibility when violations occur, drawing on global governance approaches.
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Gattini A, Garciandia R and Webb P, Human Dignity and International Law (Brill Nijhoff 2021)
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of domestic servitude, the LGB community and indigenous peoples.
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Grimonprez K, The European Union and Education for Democratic Citizenship: Legal Foundations for EU Learning at School (Nomos 2020)
The study makes an analysis of the legal framework which Member States must take into account when designing their policies on citizenship education. The Charter on Education for Democratic Citizenship and Human Rights Education of the Council of Europe and the international right to education are read in conjunction with EU law. Suitable content for the EU dimension in mainstream education is explored. A method for objective, critical and pluralistic EU learning is proposed, based on the Treaties and on case teaching (stories for critical thinking). Member States are invited to take more action to ensure quality education. The EU has the legal competence to support the EU dimension in education. In the present state of EU law, quality education is no longer conceivable without an EU dimension incorporated in various key competences.
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Hathaway JC, The Rights of Refugees under International Law (Cambridge University Press 2021)
This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world’s most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
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Kuskonmaz EM, Privacy and Border Controls in the Fight against Terrorism: A Fundamental Rights Analysis of Passenger Data Sharing (Brill Nijhoff 2021)
This book offers a legal analysis of sharing of passenger data from the EU to the US in light of the EU legal framework protecting individuals’ privacy and personal data. It aims to situate this analysis with respect to the ever-growing policies of Global North countries to introduce pre-screening procedures in border control proceedings for the purpose of the fight against terrorism. By tracing the literature on the (in)securitisation and as such depoliticization of border controls through technology-led interventions, it explores the multiplicity of purposes that passenger data sharing entail and considers the question on the limitability of fundamental rights depending on its purpose.
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Monnheimer M, Due Diligence Obligations in International Human Rights Law (Cambridge University Press 2021)
With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.
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Redaelli C, Intervention in Civil Wars Effectiveness, Legitimacy, and Human Rights (Bloomsbury Publishing Plc 2021)
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practice.
The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
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Sajó A and Uitz R, Critical Essays on Human Rights Criticism (Eleven International Publishing 2020)
Decades of talk of the human rights revolution has triggered impatience and disappointment with a once cherished idea(l). Lately the backlash has received momentum from populist and illiberal political movements. Essays in this volume offer theoretical perspectives and practical insights on developments in Europe, the Americas and South Africa. Authors show how instruments, institutions and practices of human rights protection are used to undermine liberties. The picture includes strategic illiberal political actors as well as the (sometimes unwitting) contributions of human rights defenders, national and regional courts. This volume calls for a much needed conversation on the future of human rights among scholars and practitioners of human rights. It also invites students of populist and illiberal governments to join the debate.
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Sutton R, The Humanitarian Civilian: How the Idea of Distinction Circulates within and beyond International Humanitarian Law (Oxford University Press 2021)
In international humanitarian law (IHL), the principle of distinction delineates the difference between the civilian and the combatant, and it safeguards the former from being intentionally targeted in armed conflicts. This monograph explores the way in which the idea of distinction circulates within, and beyond, IHL. Taking a bottom-up approach, the multi-sited study follows distinction across three realms: the kinetic realm, where distinction is in motion in South Sudan; the pedagogical realm, where distinction is taught in civil-military training spaces in Europe; and the intellectual realm, where distinction is formulated and adjudicated in Geneva and the Hague.