Abstract
Alessandra F, An Introduction to Fundamental Rights in Europe: History, Theory, Cases (Edward Elgar 2022)
This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic.
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Axel M, Research Handbook on Global Governance, Business and Human Rights (Edward Elgar Publishing Limited 2022)
This Research Handbook provides a comprehensive and critical assessment of the global governance instruments related to business and human rights from an interdisciplinary perspective. Contributions from a diverse range of leading international scholars offer an overview of the existing literature and rapidly-evolving research discipline, as well as identifying key trends and outlining an ambitious future research agenda.
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Chris A, Research Handbook on Gender, Sexuality and the Law (Edward Elgar Publishing Limited 2020)
This Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
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Aristova E (ed), Civil Remedies and Human Rights in Flux: Key Legal Developments in Selected Jurisdictions (Bloomsbury 2022)
What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of States, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
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Daniel B, Human Dignity and Democracy in Europe: Synergies, Tensions and Crises (Edward Elgar Publishing Limited 2022)
This collection identifies and discuss the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into the uses of human dignity to promote and challenge ideas of identity and solidarity.
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De Frouville O, From Cosmopolitanism to Human Rights (Bloomsbury Publishing 2022)
This book explores a democratic theory of international law. Characterised by a back-and-forth between theory and practice, it explores the question from two perspectives: a theoretical level which reflects and criticizes the categories, words and concepts through which international law is understood, and a more applied level focussing on ‘cosmopolitan building sites’ or the practical features of the law, such as the role of civil society in international organisations or reform of the UN Security Council. Though written for an academic audience, it will have a more general appeal and be of interest to all those concerned with how international governance is developing.
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Freeman M, The Human Rights of Children: Selected Essays on Children’s Rights (Koninklijke Brill NV 2022)
For decades, Professor Michael Freeman has without doubt been one of the world's most infuential scholars in international children's rights. His scholarship has been at the forefront of the field and has helped shape many of the developments within it. This collection offers the reader a thought-provoking snapshot of some of his most seminal essays, written and/or published over the past 30 years. Together they highlight above all the interdisciplinary nature of the issues he discusses. Legal doctrinal questions that make the case for recognising that children have rights are of course discussed. But aspects of moral and political philosophy are dealt with as well, in addition to, among other other disciplines, history, theology, psychology and antropology.
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Matilde R, The Criminalisation of Irregular Migration in Europe: Globalisation, Deterrence and Vicious Cycles (Springer 2022)
EU migration policy has generally followed a logic of deterrence and criminalization. Irregular migrants to all but two EU countries are subject to significant criminal penalties, including incarceration. Matilde Rosina shows convincingly in this pathbreaking and carefully documented analysis of Italian and French migration policies that criminalization imposes cruelty and hardship on migrants but does not reduce migration. Establishing increased legal pathways would not only prevent unnecessary suffering for migrants but also benefit receiving countries.” Alan Cafruny, Henry Platt Bristol Professor of International Relations, Hamilton College, USA This book explores the criminalisation of irregular migration in Europe. In particular, it investigates the meaning, purpose, and consequences of criminalising unauthorised entry and stay. From a theoretical perspective, the book adds to the debate on the persistence of irregular migration, despite governments attempts at deterring it, by taking an interdisciplinary approach that draws from international political economy and criminology. Using Italy and France as case studies, and relying on previously unreleased data and interviews, it argues that criminalisation has no effect on migratory flows, and that this is due to factors including the latters structural determinants and the likely creation of substitution effects. Furthermore, criminalisation is found to lead to adverse consequences, including by contributing to vicious cycles of irregularity and insecurity.
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Sejla I, The Architecture of Fundamental Rights in the European Union (Bloomsbury Publishing 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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Selman Ö, The Human Rights Challenge to Immunity in International Law (Springer International Publishing 2022)
This book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the State and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a State-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.
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Subedi Surya P, The Workings of Human Rights, Law and Justice A Journey from Nepal to Nobel Nominee (Taylor Francis Group 2022)
Drawing on the personal experience of a leading international jurist, this book provides insights into the workings of international law and human rights from a global perspective that transcends the traditional divide between the West and the East, and the Global South and Global North. The work follows the author's remarkable journey from a simple village in Nepal to becoming an international jurist acclaimed for his innovative academic and influential practical legal work and nomination for the Nobel Peace Prize. It offers insights into the powers bearing on international policymaking, the dynamics of human rights negotiations with governments, and the effects of their outcomes on the lives of their citizens. While much has been written on international human rights law, this inspirational memoir casts a new light on the working of human rights, law, and justice through the eyes of a leading actor. It provides a valuable contribution to the study of justice and human rights and the importance of individual action. As such, the book presents an accessible source for current debates around the development and effectiveness of international law and human rights and practices for decolonising these debates. The book will provide inspiration and practical guidance for students, academics, international lawyers, jurists, and human rights advocates.
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Theodora K, Research Handbook on European Union Citizenship Law and Policy: Navigating Challenges and Crises (Edward Elgar Publishing Limited 2022)
This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.
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Van Doore K, Orphanage Trafficking in International Law (Cambridge University Press 2022)
The introduction highlights the significance of this book. It provides a brief overview of orphanage trafficking and outlines the central arguments put forward. Chapter 1 articulates the process of orphanage trafficking in developing States. It explains how the recruitment of a child into an orphanage occurs and describes how the process of orphanage trafficking manipulates the procedural aspects of gatekeeping into alternative care by claiming children are abandoned or orphaned rather than relinquished. This manipulation is critical in the orphanage trafficking process as it indicates an intent by the involved orphanage operators to utilise the alternative care framework to justify the admission of children into care. The final part of the orphanage trafficking process is the maintenance of the child in institutionalisation for the purpose of exploitation and profit through donor funding and orphanage tourism. The chapter then turns to establishing the prevalence of orphanage trafficking in developing States across the world. To do this, it focuses on four regions where there is evidence that the rising number of children in institutional care is in part due to the presence of donor funding and orphanage tourism: Sub-Saharan Africa, South Asia, South East Asia, and Latin America and the Caribbean.
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Viljoen F and others, A Life Interrupted: Essays in honour of the lives and legacies of Christof Heyns (Pretoria University Law Press 2022)
This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof's sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy.