Abstract
Andrew E, The UN Declaration on the Rights of Indigenous Peoples : A New Interpretative Approach (Oxford University Press 2021)
The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contes.
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Booth WC, Human Rights and Justice for All : Demanding Dignity in the United States and around the World (Routledge 2022)
Human rights is an empowering framework for understanding and addressing justice issues at local, domestic, and international levels. This book combines U.S.-based case studies with examples from other regions of the world to explore important human rights themes - the equality, universality, and interdependence of human rights, the idea of international crimes strategies of human rights change, and justice & reconciliation in the aftermath of human rights violations. From Flint and Minneapolis to Xinjiang and Mt. Sinjar, this book challenges readers to consider how human rights apply to their own lives and equips them to be changemakers in their own communities.
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Aristova, E. Civil Remedies and Human Rights in Flux : Key Legal Developments in Selected Jurisdictions (Hart 2022)
What private law avenues are open to victims of human
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Emily C, Non-Binding Norms in International Humanitarian Law : Efficacy, Legitimacy, and Legality (Oxford University Press 2021)
This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.
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Gabriella C, The Right to Political Participation : A Study of the Judgments of the European and Inter-American Courts of Human Rights (Routledge 2021)
This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument", that is, arguments related to democracy and political rights. The reasoning is that although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters’ participation in the countries under their jurisdiction. To this end, an original dataset including the 47 member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is buil.
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Hilaire. B, Children's Rights and the Law An Introduction. (Taylor Francis Group 2021)
This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights.
To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children's rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998.
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Hirschmann Nancy J, Citizenship on the Edge : Sex/Gender/Race (University of Pennsylvania Press 2022)
What does it mean to claim, two decades into the twenty-first century, that citizenship is on the edge? The questions that animate this volume focus attention on the relationships between liberal conceptions of citizenship and democracy on one hand, and sex, race, and gender on the other. Who "counts" as a citizen in today's world, and what are the mechanisms through which the rights, benefits, and protections of liberal citizenship are differentially bestowed upon diverse groups? What are the relationships between global economic processes and political and legal empowerment? What forms of violence emerge in order to defend and define these rights, benefits, and protections, and how do these forms of violence reflect long histories? How might we recognize and account for the various avenues through which people attempt to make themselves as political subjects?
Citizenship on the Edge approaches these questions from multiple disciplines, including Africana Studies, anthropology, disability studies, film studies, gender studies, history, law, political science, and sociology. Contributors explore the ways in which compounding social inequalities redound to the conditions and expressions of citizenship in the U.S. and throughout the world. They give a sense of the breathtaking range of the ways that citizenship is controlled, repressed, undercut, and denied at the same time as they outline people's attempts to claim citizenship in ways that are meaningful to them. From university speech policies, to labor and immigration policies, to a rethinking of the security theatre, to women's empowerment in the family and economy and a rethinking of marriage and the family, we see slivers of possibility for a more inclusive and less hostile world, in which citizenship is no longer so in doubt, so on the edge, for so many. As a whole, the volume argues that citizenship cannot be conceptualized as a transcendent good but must instead always be contextualized within specific places and times, and in relation to dynamic struggle.
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Jon A, Citizens : Why the Key to Fixing Everything Is All of Us (Canbury Press 2022)
What are we doing to ourselves when we tell ourselves we're Consumers 3000 times a day?
What would it look like to put the same creativity and energy into involving people as Citizens? What would you do in this time, if you truly believed in yourself and those around you? Jon Alexander spent the first decade of his career in the advertising industry, selling some of the world's biggest brands. Then he realised he was caught up in a story he didn't believe in – the Consumer Story. Here, with New York Times bestselling writer Ariane Conrad, he shows us what we need to do to step into a bigger idea of ourselves: as collaborative, caring, creative Citizens who can shape our communities, organisations, and nations for the better.
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Kathryn. M, The Times and Temporalities of International Human Rights Law (Bloomsbury Publishing Plc 2022)
This collection brings together a range of international contributors to stimulate discussions on time and international human rights law, a topic that has been given little attention to date. The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses.
A range of temporal ideas and their connection to this area of law are investigated. These include collective memory, ideas of past, present and future, emergency time, the times of environmental change, linearity and non-linearity, multiplicitous time, and the connections between time and space or materiality. Rather than a purely abstract or theoretical endeavour, this dedicated attention to the times and temporalities of international human rights law will assist in better understanding this law, its development, and its operation in the present. What emerges from the collection is a future – or, more precisely, futures – for time as a vehicle of analysis for those working within human rights law internationally.
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Lang CYS, Land and Forest Rights of Amazonian Indigenous Peoples from a National and International Perspective : A Legal Comparison of the National Norms of Bolivia, Brazil, Ecuador, and Peru (Brill Nijhoff 2022)
In this book Siu Lang Carrillo Yap compares the land and forest rights of Amazonian indigenous peoples from Bolivia, Brazil, Ecuador and Peru, and analyses these rights in the context of international law, property law theory and forest and soil sciences. Within this scope and against the historical background, the recent interrelations between the Amazonian indigenous peoples’ land, forest and community forest management rights and their importance for the self-determination of indigenous peoples in the Amazonian region are examined. Through bringing together international law with national law, natural resources law with property law and law with natural sciences, the author sheds new light on the complex topic of indigenous peoples’ rights closely entwined with the conservation of the Amazonian rainforest.
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Marilyn. G, Eunice Hunton Carter A Lifelong Fight for Social Justice. (Fordham University Press 2021)
The fascinating biography of Eunice Hunton Carter, a social justice and civil rights trailblazer and the only woman prosecutor on the Luciano trial
Eunice Hunton Carter rose to public prominence in 1936 as both the only woman and the only person of color on Thomas Dewey's famous gangbuster team that prosecuted mobster Lucky Luciano. But her life before and after the trial remains relatively unknown. In this definitive biography on this trailblazing social justice activist, authors Marilyn S. Greenwald and Yun Li tell the story of this unknown but critical pioneer in the struggle for racial and gender equality in the twentieth century. Carter worked harder than most men because of her race and gender, and Greenwald and Li reflect on her lifelong commitment to her adopted home of Harlem, where she was viewed as a role model, arts patron, community organizer, and, later, as a legal advisor to the United Nations, the National Council of Negro Women, and several other national and global organizations. Carter was both a witness to and a participant in many pivotal events of the early and mid– twentieth century, including the Harlem riot of 1935 and the social scene during the Harlem Renaissance.
Using transcripts, letters, and other primary and secondary sources from several archives in the United States and Canada, the authors paint a colorful portrait of how Eunice continued the legacy of the Carter family, which valued education, perseverance, and hard work: a grandfather who was a slave who bought his freedom and became a successful businessman in a small colony of former slaves in Ontario, Canada; a father who nearly single-handedly integrated the nation's YMCAs in the Jim Crow South; and a mother who provided aid to Black soldiers in France during World War I and who became a leader in several global and domestic racial equality causes.
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Sejla. I, The Architecture of Fundamental Rights in the European Union (Bloomsbury Publishing Plc 2022)
This book analyses the new architecture for the protection of fundamental rights in Europe after the entry into force of the Lisbon Treaty. As a starting point, it identifies how the EU has gained a prominent role in promoting and protecting fundamental rights at European level despite the absence of an unlimited mandate to address fundamental rights violations. This new setting affects the traditional relationship between the EU, the ECHR system and the Member States and, in the absence of EU accession to the ECHR, enhances the risk of tensions and conflicts between the case law of the two European Courts. Examples of these tensions and conflicts are explored in the Area of Freedom Security and Justice, which is one of the most fundamental rights-sensitive areas of EU law and one of the busiest areas of activity for the CJEU. The book offers new insights into existing rules on the resolution of conflicts between EU and ECHR law before mapping out techniques actually used by domestic courts to avoid or address such conflicts.
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J.C. Simeon, Serious International Crimes, Human Rights, and Forced Migration (Routledge, 2022)
This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights and gross affronts to human dignity, that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a non-international nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and "rapid dominance" doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause to explore the course that it takes and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Justice Sir Howard Morrison, Appeals Division of the International Criminal Court.