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The Civil Rights Act of 1960 aimed to close loopholes in its 1957 predecessor that had allowed continued voter disenfranchisement for African Americans and for Mexicans in Texas. In early 1959, the newly seated Eighty-Sixth Congress had four major civil rights bills under consideration. Eventually consolidated into the 1960 Civil Rights Act, their purpose was to correct the weaknesses in the 1957 law. Mitchell's papers from 1959 to 1960 show the extent to which congressional resistance to the passage of meaningful civil rights laws contributed to the lunch counter sit-ins in Greensboro, North Carolina, and to subsequent demonstrations. The papers reveal how the repercussions of these events affected the NAACP's work in Washington and how, despite their dislike of demonstrations, NAACP officials used them to intensify the civil rights struggle. Among the act's seven titles were provisions authorizing federal inspection of local voter registration rolls and penalties for anyone attempting to interfere with voters on the basis of race or color. The law extended the powers of the US Commission on Civil Rights and broadened the legal definition of the verb to vote to encompass all elements of the process: registering, casting a ballot, and properly counting that ballot. Ultimately, Mitchell considered the 1960 act unsuccessful because Congress had failed to include key amendments that would have further strengthened the 1957 act. In the House, representatives used parliamentary tactics to stall employment protections, school desegregation, poll-tax elimination, and other meaningful civil rights reforms. The fight would continue. The Papers of Clarence Mitchell Jr. series is a detailed record of the NAACP leader's success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

Volume V of The Papers of Clarence Mitchell Jr. records the successful effort to pass the 1957 Civil Rights Act: the first federal civil rights legislation since 1875. Prior to the US Supreme Court's landmark 1954 decision in Brown v. Board of Education, the NAACP had faced an impenetrable wall of opposition from southerners in Congress. Basing their assertions on the court's 1896 “separate but equal” decision in Plessy v. Ferguson, legislators from the South maintained that their Jim Crow system was nondiscriminatory and thus constitutional. In their view, further civil rights laws were unnecessary. In ruling that legally mandated segregation of public schools was unconstitutional, the Brown decision demolished the southerners'argument. Mitchell then launched the decisive stage of the struggle to pass modern civil rights laws. The passage of the Civil Rights Act of 1957 was the first comprehensive lobbying campaign by an organization dedicated to that purpose since Reconstruction. Coming on the heels of the Brown decision, the 1957 law was a turning point in the struggle to accord Black citizens full equality under the Constitution. The act's passage, however, was nearly derailed in the Senate by southern opposition and Senator Strom Thurmond's record-setting filibuster, which lasted more than twenty-four hours. Congress later weakened several provisions of the act but—crucially—it broke a psychological barrier to the legislative enactment of such measures. The Papers of Clarence Mitchell Jr. is a detailed record of the NAACP leader's success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

This book delves into the intricacies of digital assets. With the increasing reliance on crypto and the potential adoption of digital currencies by central banks, our monetary system is at a critical point. The importance of taking the next step has become even more stringent, as evidenced by this systematic scientific reconstruction.Divided into five concentric parts, the book starts with a historical, technical and financial introduction to digital assets. It then explores the changing role of central banking and monetary economics in the upcoming era. Finally, it focuses on the broad legal issues arising from the new digital landscape, not shying away from exploring forward-thinking solutions and policies for the future.With the contributions of prominent international experts in the field, this collection supplies a transdisciplinary analysis based on the belief that complex phenomena can only be handled by complex solutions. This groundbreaking work aims to be more than just an academic treatise; it is a must-read for students, scholars, financial professionals, and all those who want to understand the emerging digital currency reality that many have yet to fully recognise.

This book contains the full research papers presented at the 20th AGILE Conference on Geographic Information Science, held in 2017 at Wageningen University & Research in Wageningen, the Netherlands. The selected contributions show trends in the domain of geographic information science directed to spatio-temporal perception and spatio-temporal analysis. For that reason the book is also of interest to professionals and researchers in fields outside geographic information science, in which the application of geoinformation could be instrumental in sparking societal innovation.

This book considers how the termination of life might be accepted in the view of a general obligation to protect life. It features more than 10 papers written by scholars from 14 countries that offer international comparative empirical research. Inside, readers will find case studies from such areas as: India, Chile, Germany, Italy, England, Palestine, Lithuania, Nigeria, and Poland. The papers focus on three limitations of the right to life: the death penalty, abortion, and euthanasia. The contributors explore how young people understand and evaluate the right to life and its limitations. The book presents unique empirical research among today's youth and reveals that, among other concepts, religiosity matters. It provides insight into the acceptance, perception, and legitimation of human rights by people from different religious and cultural backgrounds. This investigation rigorously tests for inter-individual differences regarding political and judicial rights on religious grounds, while controlling for other characteristics. It will help readers better understand the many facets of this fundamental, yet controversial, philosophical question. The volume will be of interest to students, researchers, as well as general readers searching for answers.

The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.

When Arthur Gochman filed a class-action suit in 1968 on behalf of San Antonio school children, he and his clients were directly challenging the inequality of education funding in Texas. They argued that quality education, not merely basic schooling, was a constitutional right, and a district court agreed. But the Supreme Court overruled that decision, signaling a halt to the idea that the Constitution contained a right to an equal education and marking an important transition from the Warren to the Burger Court. Paul Sracic assesses the impact of this 5-4 decision to explore the legacy of a landmark case, telling the story of the Supreme Court and school finance in a new way. His is the first book to consider Rodriguez, tracing its progress from inception through appeal to provide a fascinating account of the legal maneuvering of the two sides-and a lesson in the limits of judicial solutions to discrimination in education.Balanced and judicious in his assessment, Sracic brings together the varied strands-oral history, litigation, constitutional law, political context—in this complex case, while clarifying the positions on both sides of the conflict. Justice Lewis Powell argued that education was not a constitutionally protected right and that the Equal Protection Clause does not require absolute equality or precisely equal advantages, while dissenting Justice Thurgood Marshall called the decision a retreat from America's commitment to equal opportunity that denigrated Brown v. Board of Education. Although Powell's and Marshall's opinions have been documented, until now little has been written about the history behind the case. Sracic puts a human face on the account. Among other things, he interviewed Demetrio Rodriguez, the parent whose name headlined the original suit, along with several students involved in the case. He also delved into Justice Powell's papers to show the influence of his prior experience championing local rather than state control over education and his fear of centralization's potential constraint on states'rights.In the wake of Rodriguez, the issue of school funding acquired a much higher national profile, even as efforts to reform it struggled towards varied degrees of success—in Texas and many other states. Sracic's very readable account unravels the complex legal doctrine links this vitally important case to the Fourteenth Amendment's guarantee of equal protection—and argues that one cannot fully grasp the scope of that amendment without fully understanding Rodriguez.

Cyberhate is defined as racist, discriminatory, negationist and violent statements made on social network platforms, text platforms, comment pages, and more. The Handbook on Cyber Hate, the Modern Cyber Evil, includes twenty-seven chapters from scholars representing over fifteen countries from the Global North and the Global South demonstrating a range of multi-faceted perspectives. While providing such a focus, these papers will also operate with a constantly evolving conceptualization of contemporary societies and their modern cyber-evil. Indeed, modern cyber-evil is a global concern and is primarily based on human minds and activities, and on deviant uses of modern technologies, which may differ ideologically, historically and culturally on the global map of modern legal systems. This plurality of perspectives, which poses a challenge to our future, is a strength of this handbook that offers a variety of foundations, legal perspectives, and popular developments in an effort to suggest measures to combat this modern cyber-evil infecting communications around the world. Editors Anne Wagner and Sarah Marusek offer a unique collection of chapters involving the theoretical foundations, legal perspectives, and societal perspectives from popular culture of modern cyber evil in order to address and combat racism on the basis of alleged race, skin color, nationality, descent and national or ethnic origin, etc.; discrimination/xenophobia on the basis of sex, gender, sexual orientation, religious or philosophical beliefs, health status, physical characteristics, etc.; hatred; violence; e-predation; and e-victimization. Advance Praise for “Handbook on Cyber Hate – The Modern Cyber Evil” “In'Handbook on Cyber Hate – The Modern Cyber Evil', editors Anne Wagner and Sarah Marusek have masterfully created a much-needed resource for understanding the complex and ever-changing landscape of online hate and cyberbullying. This comprehensive handbook delves deep into the murky waters of cyberevil, offering insightful semiotic and transdisciplinary perspectives from a wide range of international scholars. Each chapter deftly navigates the theoretical, legal, and societal dimensions of cyberhate, shedding light on the complex interplay between technology, law, and culture. The book's exploration of cyber hate is not just academic, but a call to action. It encourages readers, denizens of the digital semiosphere, to recognize and combat the insidious nature of online hate, equipping them with knowledge and strategies for creating a safer digital world. Covering topics from the study of benign exhibitionism, the boundaries between speech and action in cyberhate, legal intricacies of that speech, trolling in social media and hegemonic masculinity, to the cinematic portrayal of cyberbullying and the malicious use of memes: this handbook is a beacon of hope and guidelines in our increasingly digital society. What sets this handbook apart is its holistic approach. It not only identifies problems, but in many cases inspires solutions, fostering a culture of responsible digital citizenship and empathy. This is not just a book, but a road map for creating a more inclusive and compassionate online community. As we face the challenges of the digital age,'Handbook on Cyber Hate – The Modern Cyber Evil'is an indispensable handbook for researchers, educators, policy makers and all who seek to understand and combat the complexities of cyber hate. This is a must-read for shaping a more respectful and empathetic digital world.” Kristian Bankov, Professor of Semiotics, New Bulgarian University “In the present time of great confusion caused by the blurring of the lines of distinction between the real and virtual worlds, between artificial and human forms of intelligence and even between good and bad technologies representative for expressions of

This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the'stranger'in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

This is a unique collection of U.S. Government legal documents that shaped and built the American democracy. From the Declaration of Independence to the Civil Rights Act of 1968, this collection contains 40 most important acts and decisions which forged the legal system and democratic principles of USA: Declaration of Independence (1776) U.S. Constitution (1787) Bill of Rights (1791) Amendments (1792-1991) The Federalist Papers (1787-1788) Marbury v. Madison (1803) The Louisiana Purchase Treaty (1803) Treaty of Ghent (1814) Monroe Doctrine (1823) Treaty of Guadalupe Hidalgo (1848) Emancipation Proclamation (1863) Gettysburg Address (1863) The Civil Rights Act of 1866 Treaty of Fort Laramie/Sioux Treaty (1868) The Enforcement Act of 1870 The Second Enforcement Act of 1871 (Ku Klux Klan Act of 1871) Civil Rights Act of 1875 Interstate Commerce Act (1887) Dawes Act (1887) Sherman Anti-Trust Act (1890) Plessy v. Ferguson (1896) Keating-Owen Child Labor Act of 1916 (1916) President Woodrow Wilson's 14 Point Program (1918) National Industrial Recovery Act (1933) Social Security Act (1935) Lend-Lease Act (1941) Brown v. Board of Education (1954) Civil Rights Act of 1957 Civil Rights Act of 1960 Establishment of the Peace Corps (1961) Test Ban Treaty (1963) Equal Pay Act of 1963 Civil Rights Act of 1964 Tonkin Gulf Resolution (1964) Heart of Atlanta Motel, Inc. v. United States (1964) Voting Rights Act (1965) Loving v. Virginia (1967) Civil Rights Act of 1968 Rehabilitation Act of 1973 Pregnancy Discrimination Act of 1978

This book presents a collection of double-blind peer reviewed papers under the scope of sustainable and resilient approaches for rebuilding displaced and host communities. Forced displacement is a major development challenge, not only a humanitarian concern. A surge in violent conflict, as well as increasing levels of disaster risk and environmental degradation driven by climate change, has forced people to leave or flee their homes – both internally displaced as well as refugees. The rate of forced displacement befalling in different countries all over the world today is phenomenal, with an increasingly higher rate of the population being affected on daily basis than ever. These displacement situations are becoming increasingly protracted, many lasting over 5 years. Therefore, there is a need to develop more sustainable and resilient approaches to rebuild these displaced communities ensuring the long-term satisfaction of communities and enhancing the social cohesion between the displaced and host communities. Accordingly, chapters are arranged around five main themes of rebuilding communities after displacement.Response management for displaced communitiesThe Built environment in resettlement planningGovernance of displacementSocio-Economic interventions for sustainable resettlement

This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ‘Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives', which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.

Ob Diesel-Skandal oder Panama-Papers – immer wieder umgehen große Unternehmen oder führende Persönlichkeiten aus Politik und Wirtschaft das Gesetz. Und immer wieder staunt die Öffentlichkeit, warum das so oft kaum spürbare Konsequenzen für die Beteiligten hat. Jochen Theurer erklärt anhand aktueller Fälle, wann und warum der Rechtsstaat an seine Grenzen stößt: Warum entscheiden Richter nicht immer nur nach Recht und Gesetz? Warum helfen Rechtsanwälte auch den bösen Buben? Warum gibt es Gesetzeslücken? Warum haben es Menschen mit Geld leichter vor Gericht? Warum wird nicht jeder Gesetzesverstoß bestraft? Warum hört der Kampf ums Recht nie auf? Spannend, unterhaltsam und informativ beantwortet der frühere Insider diese Fragen und gibt dem Leser wertvolle Einsichten in den operativen Alltag des Rechtswesens. Das Buch schließt mit nützlichen Tipps zum Umgangmit Anwälten und Richtern.

Human rights are brought to life by a number of defining principles. This text explores each of those principles in depth through comprehensive,informative and provocative papers written by prominent and distinguished practitioners and legal academics. These papers were first delivered at a series of seminars organised by JUSTICE and University College London. Contents:Foreword by the Hon. Mr Justice RichardsIntroduction by Jeffrey Jowell QC and Jonathan CooperThe concept of a lawful interference with fundamental rights - Helen MountfieldIdentifying the principles of proportionality - Michael Fordham and Thomas de la MareDertermining civil rights and obligations - Javan Herberg, Andrew le Sueur and Jane MulcahyPositive obligations under the Convention - Keir StarmerThe horizontal effect of the Human Rights Act: moving beyond the public-private distinction - Murray HuntThe place of the Human Rights Act in a democratic society - Rabinder SinghPart of the Justice Series.

This biography tells the story of Theo van Boven's dynamic and courageous leadership to develop UN protection. Van Boven has been a life-long scholar and practitioner of human rights. He served in the Dutch Ministry of Foreign Affairs, represented The Netherlands in the UN Commission on Human Rights, served as an expert in its Sub-Commission on Human Rights, and also on the Committee on the Elimination of Racial Discrimination. He was the Director of the UN Human Rights secretariat from 1977 to 1982, and later served as Registrar of the International Criminal Tribunal for the Former Yugoslavia and for Rwanda, and as UN Special Rapporteur against Torture. As Director of the UN Human Rights secretariat, Professor van Boven built up the protection capacity of the United Nations piece by piece and thereby transformed the UN's role. He initiated every protection mechanism in use at the United Nations today. He was thus the father of the contemporary system of United Nations protection. This book is a priceless study of leadership and strategy. If one is to be able to deepen the protection capacity of the UN in the future, it is crucial to understand how the foundations were laid. This book, based on the personal papers of Professor van Boven and of the author, who was his Special Assistant, tells the story of his remarkable leadership of the UN Human Rights secretariat.

This volume draws together essays from leading scholars on the challenges that arise for health, law, policy and ethics at the intersections of health, rights and globalization. The papers in this volume address global issues in public health, globalization and bioethics, and globalization and biotechnology. This volume will be invaluable to all those interested in global issues in health.

Victims of crime are still marginalized in criminal law practice, even though an increasingly large number of legislatures have introduced reforms on their behalf. This collection of papers from some of the leading experts in the field sets out to provide a better understanding of the problems associated with restorative justice, with the aim of improving criminal law in the area. Questions asked include whether retribution may be plausibly reinterpreted as restoration by offenders on behalf of victims?; the relationship between criminal law and tort law; and issues relating to the rights of victims.

This book of essays by legal scholars from the United Kingdom, Eire, Israel and Palestine explores the extent to which the recognition of the concept of children's rights is affected by adherence to religious, cultural and ethnic traditions. The aim is twofold: first, to illuminate the interface between internationally-agreed norms of conduct regarding children and national and cultural determination to preserve traditional approaches; and secondly, to reflect upon the conflicts within societies between different cultural and religious groups in their attempts to determine whether'liberal/secular'or'conservative/religious'norms predominate in attitudes to children's upbringing. This is the first collection of papers covering and comparing the UK and Israeli/Palestinian jurisdictions. The particular blends of social, religious and cultural diversity in both regions, mingled with the political factors operating as well, render these jurisdictions of special interest as case-studies in the reception of'western/liberal'norms and values. Moreover, Israel and Palestine, despite their manifestly different cultures as compared with Britain, have been influenced by the colonial legacy of the common law, rendering this particular east-west comparison of special interest.

Joseph Halevi, G. C. Harcourt, Peter Kriesler and J. W. Nevile bring together a collection of their most influential papers on post-Keynesian thought. Their work stresses the importance of the underlying institutional framework, of the economy as a historical process and, therefore, of path determinacy. In addition, their essays suggest the ultimate goal of economics is as a tool to inform policy and make the world a better place, with better being defined by an overriding concern with social justice. Volume III explores the ethics of economics.

Violence, war and internal conflicts have assumed a new intensity with the decline of the Cold War. There are over 32 civil wars going on today. Our world may well witness over 100 million refugees in the year 2000 as a direct result of internal wars. This volume consists of case studies and theory-oriented papers dealing with Asia, Africa and Latin America and the Middle East. Taken together, they spell out implications of wide general interest, providing a comparative basis for a systematic approach to conflict transformation.

This book analyses the topic of protecting traditional cultural expressions (TCEs) in Latin America. It questions classic legal approaches and involves the interface of anthropology and law. The study analyses regional, national and local particularities of law on paper and law in reality. It includes personal fieldwork research in selected countries and puts light on the political, socio-economic and environmental dimension of the topic. Based upon these insights, the study gives recommendations for a more enhanced, interdisciplinary understanding and protection of TCEs. Latin America is (still) rich of cultural traditions and bio- and sociodiversity. This region is the cradle of the international discussion on protecting TCEs. The national situations are diverse and allow conclusive comparisons. Some countries have established concrete protection systems, like Panama, and made useful experiences. It is time to resume: What do TCEs really mean? Should they be protected by law and if so, how? What can we learn from the practical experiences made so far? The following is clear: The true test for any new legislation – in Latin America and elsewhere – is its impact on the everyday life.

The field of law and religion studies has undergone a profound transformation over the last thirty years, looking beyond traditional relationships between State and religious communities to include rights of religious liberty and the role of religion in the public space.This handbook features new, specially commissioned papers by a range of eminent scholars that offer a comprehensive overview of the field of law and religion. The book takes on an interdisciplinary approach, drawing from anthropology, sociology, theology and political science in order to explore how laws and court decisions concerning religion contribute to the shape of the public space.Key themes within the book include: Religions symbols in the public space; Religion and security; Freedom of religion and cultural rights; Defamation and hate speech; Gender, religion and law; This advanced level reference work is essential reading for students, researchers and scholars of law and religion, as well as policy makers in the field.

This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin's theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism.The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality.Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well asfurther their reciprocal interactions.

This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China's participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China's international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community.Another significant aim ofthis book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China's criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China's progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.

This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.

In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author's major articles and works in the past 10 years are provided.​

This volume is the first in a new Springer series to examine one of humanity's most pressing concerns: global migration and its implications for development. As population mobility grows in an ever more crowded world, the Global Forum on Migration and Development (GFMD) has emerged as the most important global mechanism to deal with the urgent challenges it presents. This book explores fresh strategies proposed by the GFMD in its fourth year of operation in Mexico and beyond. Interrogating the relationship between migration and development, the papers advance the Global Forum's aims of reducing poverty and empowering low-income families everywhere. In 2010, there were 214 million international migrants worldwide, nearly two and a half times the number in 1965. By 2050, international migration is likely to expand sharply in scale, reach and complexity, due to growing demographic disparities, environmental change, shifting global political and economic dynamics, technological innovations and social networks. Migration can bring substantial gains to families in less-developed countries, and mobile labor is an axiomatic feature of the global economy. Yet outward migration of skilled workers can seriously retard development at home, and exert pressure on wages in host nations. Balancing these and other conflicting concerns requires the substantive and expert discourse offered in this book. Contributors discuss, and propose concrete solutions to, vital issues such as the debilitating costs of cross-border labor recruitment and the provision of social and income protection for foreign contract workers. With suggestions on how to facilitate connections between transnational families,and gender- and family-sensitive immigration regimes, this book aims to foster collaborative intergovernmental links as well as partnerships between governments, civil society and international organizations. It shows how the GFMD can positively influence policy and institutional behavior while addressing wider systemic factors in protecting mobile workers.

Human rights issues are shaping the modern world. They define the expectations by which nations are judged and affect the policy of governments, corporations, and foundations. They have set the agenda in prosecutions at the International Criminal Court at the Hague, funding decisions by the International Monetary Fund, and corporate expansion programs by multinationals. Statistics is central to the modern perspective on human rights. It allows researchers to measure the effect of health care policies, the penetration of educational opportunity, and progress towards gender equality. The new wave of entrepreneurial charities demands impact assessments and documentation of milestone achievement. Non-governmental organizations need statistics to build cases, conduct surveys, and target their efforts. This book describes the statistics that underlie the social science research in human rights. It includes case studies, methodology, and research papers that discuss the fundamental measurement issues. It is intended as an introduction to applied human rights research.

This book is the first complete biography of Raphael Lemkin, the father of the United Nations Genocide Convention, based on his papers; and shows how his campaign for an international treaty succeeded. In addition, the book covers Lemkin's inauguration of the historical study of past genocides.

This edited book offers diverse perspectives on the Palestinian refugee problem and the possible ways to facilitate its resolution. The book contains contributions of Israeli, Palestinian and other scholars, and its main goal is to initiate an informed dialogue that will bridge the “knowledge gap” between the different camps. The book is the cul- nation of a joint effort to assist people to realize how people on the other side envision the problem and the possible ways to resolve it, and to gain a comparative perspective on refugee problems and their reso- tion efforts in other parts of the world. The contributors come from - verse disciplines and backgrounds and their various contributions p- vide a comprehensive picture of the various aspects of the problem and of the possible means of its resolution. The Palestinian refugees problem is perhaps the most acute challenge to a peaceful settlement of the Israeli-Palestinian conflict. It is a challenge that scholars must address in a calm and detached manner, but at the same time a deeply emotional matter that even the most sophisticated scholars find difficult to engage without compromising their academic integrity. Despite these difficulties, we undertook the task of convening a meeting where the papers were presented and of the publication of this book because we think the contributions in this book provide p- spectives that contribute to the initiation of a constructive dialogue among the relevant communities.

The Government of Canada's proposed anti-terrorism legislation, Bill C-36, contemplates dramatic changes to our law, in areas as diverse as criminal procedure, international relations, immigration, individual privacy, law enforcement, and charitable giving. In this collection, Canada's leading scholars in the areas of law and public policy address the potential impact of these changes on the rights and freedoms that Canadians enjoy. Based on papers presented at a conference organized by the Faculty of Law at the University of Toronto in November 2001, the essays in this book provide a permanent record of the vital legal debate surrounding Bill C-36.

The UK's new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process. The papers in this volume,arising from the second Cambridge Centre for Public Law conference consider the Act's impact on investigation and surveillance, on evidence, procedure and the substantive law applied at trials and hearings, and at the post-trial stage e.g. sentencing and post-report action in respect of DTI Inspection.Contributions from many of the country's leading criminal and regulatory lawyers (both academic and practising) make this volume an important and original source for all criminal lawyers.

One of the major features of the social landscape of the new states of Eastern Europe and the former USSR is migration, whether voluntary or coerced. The decline of communism in both East and Central Europe, as well as the fall of the Soviet empire has created new population and ethnic problems. The recent exodus has proved to be the largest migration wave reported in Europe in over 40 years. The problem of foreigners in Poland is a subject scarcely studied and insufficiently described. This volume has been compiled on the basis of papers prepared for a Social Sciences Seminar series at the School of Slavonic Studies, London, which was devoted to migratory movements in Poland since 1989. This volume thus contains the latest data and results of research (quantitative as well as qualitative) on the movement of foreigners into Poland. It is a groundbreaking work.

Black Lives Matter and #MeToo are two of the most prominent twenty-first-century social movements in the United States. On the ground and on social media, more people have taken an active stance in support of either or both movements than almost any others in the country's history. Social Movements and the Law brings together the voices of twelve scholars and public intellectuals to explore how Black Lives Matter and #MeToo unfolded—separately and together—and how they enrich, inform, and complicate each other. Structured in dialogues and punctuated with informative text boxes, illustrations, and discussion questions, this accessible guide to an increasingly influential area of the law centers rich intersectional analysis of both movements and prompts readers to undertake further reflection and conversation. At a time of heightened public attention to the broader implications of human social behavior and interaction, this book shows rather than tells how people with different perspectives can engage one another with open minds and generosity of spirit.

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the human rights framework, with a view to considering how it may be remedied. Divided into three parts, the collection provides a critical exploration of various challenges and barriers related to the absence of human rights in some instances, contemporary emergence of rights, and a lack of rights fulfilment in others. These three situations are considered within the wider context of, and difficulties facing, a human rights-based approach to international law. Each of the three parts aligns with one of the three prime responsibilities and duties of states in respect of international human rights: to promote, to protect and to fulfil. The contributions represent different perspectives in international law and human rights and how the global agenda of promoting human rights, the rules-based international order and multilateralism requires further strengthening – the lens of incoherence providing a means to understand particular inconsistencies. Chapters focus upon subjects including international investment law, international financial contracts, the arms trade, indigenous peoples'rights, rights of peasants, the right to a clean, healthy and sustainable environment, the right to food and transitional justice. Presenting a critical exploration of key contemporary challenges and the implementation of human rights law in different contexts, the collection will be of interest to a wide-ranging audience of international law and international relations scholars and practitioners, and students of law, politics and globalisation across the world.

Over the last decade, Europe has been struggling to cope with a series of significant and challenging global crises. Dramatic scenes from the so-called migrant crises, global financial crises, the Covid-19 pandemic and the war in Ukraine have sent shockwaves across Europe's borders and have triggered drastic and sometimes even unprecedented responses from nation states. Caught between the shockwaves and counter-measures are Europe's national minority communities. With little say or influence in national discussions on which measures to take in response to each crisis and often situated in peripheral or border regions, it is likely that these communities have been subjected to shifts in power balances and this may have even impacted their regional, national and transnational identities. By combining various sociological and anthropological methodologies with case studies from across northern, central, eastern and southern Europe, this book stresses the importance of listening to the unique concerns of minority communities in times of crisis. Starting in the Arctic Circle and working down in a reverse C-shape through Europe, each stop along the journey visits a different national minority community, where we learn about their multicultural, multilingual and transnational lifestyles and the distinct challenges they have faced in recent years. This book will be of interest to academics and researchers working in the areas of human geography, border studies, European studies, sociology, politics, minority studies and language studies.

This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‑makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.

This book takes a comprehensive approach to investigate how Sharia influences and manifests in the everyday lives of young Muslims, aiming to unravel the meaning and relevance of Sharia-driven laws and practices in English-speaking Western societies. By focusing on the grassroots level, it provides a deeper understanding of the lived experiences of Muslims and their relationship with Sharia. The presence of Muslims in Western countries has a long history, with recent waves of migration and conversions contributing to their increasing numbers. This study recognizes the diverse nature of the Muslim community, comprising both migrants and local converts, who have become integral parts of the pluralistic fabric of multicultural societies. The research draws on in-depth interviews with 122 young Muslim individuals from diverse backgrounds representing three different Western countries: Australia, the United States, and the United Kingdom. Diversity of participants allows for a broader exploration of the Muslim community and the inherent diversity of opinions, interpretations, and practices regarding Sharia. This approach moves beyond theoretical debates, providing concrete insights into the practical implications of Sharia for young Muslims in their respective Western contexts. The book also sheds light on the evolving landscape of information and knowledge acquisition in the age of digital technologies and cyberspace. It explores how young Muslims access and seek knowledge in the twenty-first century, recognizing the impact of changing sources and modes of information on their religious practices and beliefs. This aspect adds a valuable dimension to the study, capturing the dynamic nature of knowledge dissemination and acquisition among young Muslims in Western societies. The book will be fascinating reading for academics, researchers, and policy-makers working in the areas of Law, Political Science, Minority Studies, Religious Studies, and Islamic Studies.

Defending Legal Freedoms in Indonesia provides fresh insights into how cause lawyers navigate political and institutional change, by presenting and analysing the Indonesian Legal Aid Foundation (YLBHI), the oldest and most influential legal and human rights organisation in Indonesia.Based on rich ethnographic research, this book charts the developments of the organisation since its founding in 1970, its contribution to the ending of the authoritarian, military-backed New Order (1966-1998), its relative decline in the years following Indonesia's democratisation and its revival in recent years as Indonesian democracy and human rights come under threat. The author examines the tactics the organisation has used, including show trials and working alongside grassroots communities, organising them and educating them about their rights. It highlights how this organisation flourished more under an authoritarian regime than under democracy and how its present, prominent, adversarial-political version of cause lawyering is playing a leading role in civil society resisting further erosion of democracy and human rights. The book addresses recent democratic erosion under President Joko Widodo, and documents pivotal moments in Indonesia's contemporary history, such as the ‘Reform Corrupted'mass demonstrations in 2019, illuminating how democracy shrinks, and how lawyers push back.The first book on Indonesia's crucially important cause lawyering, activist lawyers'group, this book will be of interest to researchers in Asian Law, Indonesian Studies. It is also an essential point of reference for future research in public lawyering in Asia.

The concept of human dignity is already embedded in the constitutional architecture of the European Union and throughout the world, but it remains a slippery and elusive concept. In this volume, leading commentators from across the globe address the shift from the monolithic influence of major world religions in the past towards religious pluralism coupled with the increased secularism of civil society. The contributors, drawn from different backgrounds and traditions, explore how the deployment of a nuanced understanding of human dignity can provide a way to maximise religious liberty for all within liberal democracies. Specific consideration is given to the reasonable accommodation of religious practices through exemptions to generally applicable laws, conscientious objection on the grounds of religious beliefs, the interplay between religious pluralism and legal pluralism, balancing religious sensibilities with same-sex marriage, exercising the right to change one's religion, both generally and with a particular focus on data protection, protecting the right to asylum in the light of recent changes in migratory flows and exploring its impact on those enjoying non-theistic beliefs, as well as the complex relationship between the Ukrainian and Russian Orthodox Churches in these febrile times. Through the prism of informed investigation of these matters of specificity, the volume offers readers fresh insights and analysis which collectively contribute to an overall picture of governments in liberal democracies being encouraged and enabled to foster laws and practices whereby pluralism can be encouraged, and human dignity can flourish. The book will be of interest to academics, researchers and policy-makers working in the areas of Law and Religion, Human Rights Law, Constitutional Law and International Relations.

This edited book explores how requests and complaints by prisoners are being dealt with by prison governors/administrations or independent bodies (such as complaint commissions), in different parts of Europe. It asks who complains and why? How are complaints from prisoners being dealt with, from a legal and empirical point of view? How do procedures work and can they be considered effective? Should administrative procedures be exhausted before appealing to a judge? It explores whether such systems comply with international regulation, such as the European Prison Rules, the UN Mandela Rules or the case-law of the ECtHR. It speaks to academics, NGOs and lawyers with an interest in prison law, human rights bodies and prison monitoring bodies.

This open access book provides a state-of-the-field of the interactions between emerging national asylum governance systems and the 2018 United Nations Global Compact for Refugees (UN GCR). It provides a detailed examination of the relationship and compatibility between asylum governance and refugee protection and human rights, and the responsibilities for states and other implementing actors in cases of human rights violations. This book analyses the characteristics and impacts of existing and emerging asylum governance instruments and their practical implementation in selected countries hosting large communities of refugees around the world. Particular focus is given to the cases of Bangladesh, Brazil, Canada, Jordan, Niger, Serbia, South Africa and Turkey. Attention is put into regional and country-specific asylum instruments and actors from the perspective of their effectiveness, fairness and consistency with refugee protection and human rights standards as well as the UN GCR commitments. By doing so, the book identifies key lessons learned and offers a critical view on policies framed as `promising practices'so as to inform future steps in the UN GCR implementation and asylum governance more generally. As such, the book provides a better understanding of the concept of “mobility” in asylum governance, and the ways in which it is articulated into legal and policy instruments framed as'protection'and - in the language of the UN GCR - “third country solutions” for refugee mobility, including resettlement, private/community sponsorships, humanitarian corridors, in the European Union and around the world.

This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the ECHR. This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance.

This book provides a global perspective on the accommodation of diversity within constitutional traditions, considering the most innovative approaches and legal instruments of the Global North and Global South. This field of study, traditionally dominated by a Global North approach based on majority-minority and rights-based discourse, is undergoing significant development. The work thus assesses the appropriateness of the existing mainstream theoretical tools and concepts – in particular minority and minority-related concepts as well as rights discourse – to grasp the ongoing evolution of this field of law. A reconsideration of the traditional conceptual categories and the introduction of the concept “Law of Diversity” is proposed as a theoretical framework to grasp the ongoing developments in this area. Among the models studied, those that are referred to as emergent models for the accommodation of diversity in the Global North appear to be particularly in need of theoretical recognition. To this end, the theory of federalism is used to serve a rather unexplored theoretical function. Federal theory is put forward as a theoretical instrument to frame and explain the emergent instruments for the accommodation of diversity, as well as provide practical solutions for their development. The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law, minority and indigenous rights law, and federal studies.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

This handbook takes a comprehensive approach to studying and understanding modern slavery, particularly forced labour and human trafficking. It considers the historical and cultural roots of modern slavery and suggests that analyzing the issue from humanities, social sciences, criminological, and business perspectives could lead to a better understanding of its emergence worldwide. The handbook also highlights the role of religions/spiritualities and multinational corporations in the expansion of modern slavery and argues that exploring their potential ethical responsibilities is essential. Furthermore, it combines theoretical frameworks of intersectionality and globalization to study the interconnectedness of various factors in shaping and understanding modern slavery. Finally, it contains an impressive range of geographic and conceptual approaches to the problems of combating modern slavery.

This book provides a comprehensive analysis of the illicit practice of football trafficking, focusing on the exploitation of underage African players being transferred to Europe. It delves into the broader context of human trafficking, examining relevant international laws and their application to football. Through critical analysis of FIFA's regulatory framework, the book questions the effectiveness of the organisation's current anti-trafficking policies and proposes actionable solutions for reform. By integrating theoretical insights with practical recommendations, the book outlines strategies such as Sport for Development and Peace (SDP) programmes and child-centred approaches to protect vulnerable young athletes and address some of the core factors that drive the occurrence of the crime.This book is an essential resource for scholars, policymakers, legal professionals, and stakeholders in the sports industry. It offers valuable insights into the complex interplay between sports, law, and human rights, making it particularly relevant for those interested in sports law, international law, and human trafficking prevention. Readers will benefit from the book's in-depth exploration of the regulatory challenges at play and the array of proposed remedies, giving readers a deeper understanding of how to create a safer and more ethical environment for the at-risk youths involved in football globally.

This book presents interdisciplinary and comparative analyses of judicial independence in transitional democracies across Asia, Latin America, Eastern Europe, the Middle East, and Africa. Although judicial empowerment and independence in transitional democracies have gained both academic and real-world prominence in recent decades, an ongoing debate persists regarding the nature, scope, and determinants of judicial independence in transitional settings. Some transitional democracies successfully develop democracy and the rule of law with the sustained growth of judicial independence, whereas others grapple with substantial challenges and move more towards authoritarianism. This book examines factors that drive de jure and de facto judicial independence in transitional democracies and evaluates their relationship. In doing so, it identifies challenges and opportunities associated with developing judicial independence in transitional democracies. At the intersection of political science and law, the work will be a valuable resource for academics, researchers, and policymakers in constitutional law, constitutional politics, and human rights law.

This book addresses the repercussions of expanded participation in international judicial decision-making by investigating community interest issues. Focusing on the International Court of Justice (ICJ), the book reveals the growing involvement – formal and/or informal – of State and non-State actors (NSAs) in the ICJ's contentious and advisory functions. This includes the participation of States, intergovernmental organisations (IGOs) and NSAs, i.e., non-governmental organisations (NGOs) and individuals. The book concentrates on the role and multifunctional character of international courts and tribunals (ICTs). As a component of the international governance structure, ICTs are equipped to protect, express and shape values that reflect community interests by the power granted them in international treaties. They can also be considered a key element for promoting the international rule of law, including the provision of global public goods. Public interest litigation is often used as a vehicle to advance human rights at the national and international level. As the main judicial organ of the UN, the participation of State and NSAs in ICJ proceedings is a subject of the utmost importance to international dispute settlement in general. The decisions delivered by the World Court can help to pursue community interests, for instance by setting internationally relevant precedents or concepts as obiter dicta. By applying an empirical research methodology to map ICJ practices concerning notifications, submissions and/or applications of State and NSAs, as well as other forms of submitting relevant information to the Court under the ICJ Statute and Rules, the book addresses the potential and limitations of expanded participation in the ICJ's contentious cases and advisory proceedings. The analysis employs broad definitions of'participants'and'participation'in order to reflect the contemporary dynamics of the actors involved in international practice.