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This book contributes to the discourse on disability in Africa as an issue of systemic exclusion characterized by the discrimination and often complete segregation of persons with disabilities (PWDs) in various African countries. Despite the inclusive promise of the Convention on the Rights of Persons with Disabilities (CRPD) as well as the Protocol to the African Charter on Human and Peoples'Rights on the Rights of Persons with Disabilities in Africa, the situation has not actually improved for PWDs in Africa. Given the powerful evidence of the devaluation of PWDs in connection with the COVID-19 pandemic, it is high time to reflect on the experiences of persons with disabilities in education, along with other forms of discrimination they encounter. The book's respective chapters assess how well the existing legal frameworks, policies and practices in most African countries have met the needs for inclusion of children and adults with disabilities. The social and economic rights of persons with disabilities are protected in the constitutions of most countries and enshrined in the normative frameworks that most African leaders have adopted and ratified. These commitments need to be borne in mind when thinking about the present and the future. Inclusive development is an investment and must be viewed as part of a package of reforms that are connected to substantive social protection and improvements in realizing other socio-economic goods. Indeed, a range of alliances are needed to advance the goals of ‘leaving no one behind', ensuring ‘education for all', and delivering on the African Union's call for the development of policies, programmes and requisite budgets for the realization of inclusive education for persons with disabilities.

On both Mediterranean shores, women's agency is articulated by new social and legal actors that face the religious factor both as an asset and as a brake. This book explores how female agency is defined and takes place in the region. The collection brings together contributions of both theoretical and thematic nature mapping various experiences on the public role of women in the Mediterranean context. In particular, the book relates the two sides, observing affinities and differences in the affirmation of women's agency. This synoptic approach avoids essentialist contraposition and dialectic between different cultural, religious and political universes and emphasizes the role of a common geopolitical space where women's agency is playing an increasingly decisive role in the building and defense of constitutional democratic political systems. The reflection is enriched by the specific analysis of the role of a “religious factor” in the process of affirmation or, in contrast, as a restraint on women's agency. The book focuses both on the role of women believers in the processes of transformation of the political contexts of the North African and Euro-Mediterranean area, and on the role of women within religions, questioning from inside the patriarchal traditions of the latter. The book applies a multidisciplinary approach to the theme of women's agency, in which law, sociology, theology and philosophy interact with each other. As such, it will be a valuable resource for those working in the areas of Human Rights Law, Law and Religion, Socio-legal Studies and Gender Studies.

A força simbólica dos direitos humanos é o segundo volume da coletânea de textos selecionados e reeditados de Marcelo Neves. Tomando mais uma vez a diferença entre centro e periferia como pedra de toque, os textos fazem uma análise crítica de temas fundamentais para a teoria e a sociologia do direito, como o debate sobre o conceito de direitos humanos e seu uso retórico, a possibilidade de um pluralismo jurídico e de um Estado de direito na América Latina, a concepção e a implementação de programas de discriminação positiva no Brasil e os conceitos de esfera pública, de reconhecimento e de in clusão. O volume traz ainda um balanço feito nos anos 2000 da apropriação da teoria dos sistemas no Brasil a partir de uma entrevista do autor sobre Niklas Luhmann, um de seus or ientadores do doutorado, e uma tradução inédita para o português de um artigo, originalmente publicado em inglês, sobre as diversas correntes da sociologia constitucional contemporânea diante da abordagem do autor, qual seja, o transconstitucionalismo.

The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the European Green Deal, as well as recent changes to the Common Agricultural Policy. It also includes significant court rulings on freedom, security and justice, migration and asylum, as well as issues relating to freedom of movement and Brexit. The new edition outlines the Digital Markets Act, a major piece of legislation adopted in 2022 and contains significant updates on EU competition law in the light of new Regulations and Guidelines. Written by a team of contributors drawn from the Legal Service of the European Commission and from academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties, secondary law, and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, followed by a structured commentary on the Article. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

This book explores the various types of Appropriate Dispute Resolution (ADR) applied in Nigeria, the UK, and the US. It critically examines the effectiveness of mediation, arbitration, restorative justice, collaborative law, and online dispute resolution (ODR) in settling disputes or conflicts, while also demonstrating the benefits of ADR and multi-door courthouses (MDCs). The book provides a concise introduction to the resolution of disputes or conflicts in Africa prior to the advent of colonial rule. It suggests that a ‘legal transplant'can also take place from a less complex society to a more complex one, contrary to the general belief that legal transplants usually proceed from a more complex society to a less complex one.The book aims to help people understand ADR mechanisms and the advantages of settling disputes using means other than litigation. It presents Traditional African Methods of Settling Disputes (TAMSD), Early Dispute Resolution (EDR), arbitration, negotiation, ODR, collaborative law, restorative justice, conciliation, ombuds, and early neutral evaluation as viable alternatives. It also highlights the need for clinical legal education and effective messaging that highlights the benefits of ADR compared to traditional litigation. In turn, it analyses the use of ADR, especially mediation and collaborative law, to settle disputes in criminal law, restorative justice, employment law, and business and human rights due diligence/violation cases. Further, the book demonstrates that criminal matters are now under the scope of ADR via Restorative Justice Door.The book discusses the skills, techniques, and relevant statutory frameworks for each field of Appropriate Dispute Resolution and provides national and international examples of the application of the relevant principles. Addressing the fields of Appropriate Dispute Resolution (ADR), criminal law, civil law, business management, psychology, employment law, humanresource management, and African studies, it will appeal to a wide readership.

This book emphasises the importance of difficulties identifying victims of human trafficking. It is often challenging for trafficked victims to be identified, for victims to self-identify, and for victims to be distinguishable from other groups of vulnerable people such as economic migrants, asylum seekers, refugees and smuggled persons. This book examines the environments where difficulties of identifying foreign victims exist or identification is overlooked entirely. It argues that a victim-centred approach is required to recognize them for who they are, a trafficked victim. This lies in opposition to the justice system which often takes the oath of prosecuting victims rather than identifying them as victims, criminalising them for offences as part of their exploitation, forced upon them under duress from their exploiters. Drawing on a range of subjects, this book contributes to existing academic work and speaks to anti-trafficking organisations, charities, public authorities and staff within the UK's National Referral Mechanism to play a pivotal role in spotting, referring and identifying more foreign trafficked victims, despite the current negativity surrounding immigration.

Under the Fourth Republic since 1999, the challenge Nigerian leaders face like never before is how to create a state that matches the expectations of their diverse peoples at home and abroad. Taking this proposition as starting point, this book advances proposals for a human-right policy, referred to alternately in the work as principled foreign policy, for Nigeria under the Fourth Republic, taking advantage of the inestimable opportunity afforded by General Muhammadu Buhari's departure from the political scene on May 29, 2023, after the famine, domestically and externally, wrought by his two terms of office as President. It is a broad-ranging argument, draped in the less arcane constitutional vocabulary and material of human rights, for thoroughgoing reforms at home and abroad as the only antidote to the nation-building dilemmas Nigeria confronts in the first quarter of the twenty-first century. Buhari's departure marks the end of military teleguidance of Nigerian politics under the Fourth Republic in the camouflage of democratic rule, a birthmark of remote control dating back to the first military intervention in the country in January 1966. These momentous events within Nigeria coincide with equally epoch-making developments in the UK, Nigeria's former colonial overlord, with ripple effects in Nigeria, signified by the death of Queen Elizabeth II, after seven decades on the throne, and the emergence of Prince Charles as King of England. A new monarch in Britain adds to the opportunity that falls open for the reconfiguration of Nigeria's external relations with ramifications for the application of human rights in those relations. Despite its known disabilities, Nigeria has the potential infrastructure, including its sizable population, to conduct a human-right policy, if its leaders rationalize the country's resources more wisely.

This book focuses on the economic analysis of refugee law and the protection of refugee rights. It offers a law and economics model applied to migration and states. The book focuses on the most critical ‘push'factors that impact lawmakers in enacting and modifying asylum law. Furthermore, the book examines the economic advantages and disadvantages of a centralized supernational asylum law (acquis communautaire) that could, eventually, eliminate competition between legal orders in asylum law and do away with the negative externalities caused by ‘asylum shopping'. The book critically analyses international refugee law, pursuing an interdisciplinary approach. Its principal goal is to explore refugee law through the lenses of the law and economics approach and against the backdrop of a human rights approach. After explaining the evolution of the human rights approach, the book elaborates on the legal and economic factors that impact refugees, on the one hand, and public policy, on the other. In conclusion, a balance that considers the national preferences of destination countries and the protection of refugee rights is proposed.

Blackstone's Guide to the Human Rights Act 1998 provides clear, concise coverage of the operation and application of the Human Rights Act 1998, including the development of human rights jurisprudence in the domestic courts and in Strasbourg. It also sets out the recent erosion of the universal applicability of the remedies in the Human Rights Act by the Illegal Migration Act 2023 and other recent changes to the statutory scheme such as the amendment to the limitation period for claims involving the armed forces. The Guide considers the case law of the European Court of Human Rights and the impact of Convention rights in landmark domestic judgments across a wide range of areas, including terrorism, privacy, discrimination, and criminal law. It explains the interpretive techniques employed by the courts to read legislation compatibly with Convention rights and the jurisdiction to declare legislation incompatible with Convention rights. Finally, the last chapter sets out how to make an application to the Strasbourg Court and sets out in detail how that court works. The new edition of this popular Guide considers the key developments since the publication of the previous edition 9 years ago. It sets out recent reviews of the Human Rights Act and puts the threats to the Act, especially the Bill of Rights, in the context of the recent history of human rights in the UK. It also considers significant developments in the law relating to the extra-territorial reach and applicability of the Convention under Article 1 ECHR, following Al Skeini, Georgia v Russia, Guzelyurtlu, Hanan and HF. The book contains an up to date copy of the Human Rights Act 1998, and the text of the rights in the European Convention on Human Rights which are now a central part of UK law. The Blackstone's Guide series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its impacts, in the current conjuncture. The book charts new ways to consider human rights in the concrete areas of specific rights such as social and economic rights, institutional settings (the EU and the UN treaty bodies), and agendas, namely feminism and climate change. The results are a very rich set of essays which delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future. Sensitive and thought-provoking, this book will fast become a defining volume on questions about the role of human rights in the past, present, and future and will remain valuable to anyone interested in understanding, diagnosing, and ultimately acting to help bring about, the possible futures of human rights.

La violencia es uno de los temas de interés social que emergen a la primera fila de la actualidad. Aquella siempre tiene un componente pasional que alcanza las cotas más altas en relación con los vectores primarios de la condición humana: su afán de sentido y pertenencia, con los correspondientes vínculos de apego. Este envolvente es más destructivo si tiene un soporte comunitario (nacionalista, político, ideológico, religioso, etc.) y adopta la fisonomía del terrorismo. El Derecho, con la ayuda del experto en seguridad ciudadana, contribuye a esclarecer este panorama y el equilibrio, entre libertad y seguridad, básico, para una buena convivencia. Los autores, especialistas universitarios en estas materias, analizan asuntos variados en relación con: la Antigua Roma, el vandalismo y el control carcelario, las políticas de extranjería, la jurisprudencia y el yihadismo, los pronunciamientos del Tribunal Europeo sobre libertad religiosa y seguridad pública, la autonomía de las confesiones religiosas, o aspectos prácticos sobre seguridad y libertad religiosa. Una incursión, en clave jurídica, en un campo vasto, el de la libertad y la seguridad que será de provecho para todo tipo de lectores deseosos de profundizar en estas cuestiones. Solo quien desentraña los entresijos de una realidad compleja está a salvo de verse apresado por lo inmediato o la reacción.

This collection focuses on Ukraine's ethno-cultural minorities who in recent years have undergone forced displacement, emigration, the destruction of familiar ways of life, and a transformation of identity and language behaviour. The book examines the impact of Russia's war against Ukraine, which began with the annexation of Crimea and the war in Donbas in 2014. It shows what happens to the cultural identities of minority groups and considers the mechanisms and components of their resilience in times of crisis. Key themes addressed include minorities'collective memory and coping strategies, mobilisation and humanitarianism, forced displacement, and the preservation of identity. While most works on the Russo-Ukrainian war focus on the international context and the causes of the war and its humanitarian consequences for the population of Ukraine and the region as a whole, this book seeks to mainstream the issue of ethno-cultural minorities, which is often neglected in the coverage of this type of conflict. The book will be of interest to academics, researchers and policy-makers working in the areas of Law, Political Science, Anthropology, Human Geography, Religious Studies and War and Peace Studies.

This book offers a meticulous empirical examination of Chinese democracy and its myriad discourses. Delving into the intricate workings of Chinese democracy, the author explores how the Chinese Communist Party employs democratic principles, how intellectuals grapple with the concept, and how the populace perceives and engages with democracy. In transcending mere methodological nationalism, this narrative extends to the global stage, offering insights into democratic evolution beyond Western paradigms by exploring resonates particularly with developing and post-colonial countries, offering a fresh perspective on the delicate balance between state capacity, social order, and the democratization process. While the trajectory of democracy in China remains uncertain, these empirically grounded analyses provide a pragmatic lens through which to contemplate the future of Chinese political dynamics.

This book presents a decolonial and Afrocentric critique of prolonged encampment of refugees, centred on the case study of refugee camps in Kenya, introduced through the author's decades-long experience of forced displacement. His positionality as a former refugee contributes to a wider discussion on representation, voice, and power within the refugee studies literature. Likewise, the revisiting of the refugee camp as site and tool of power from a colonial perspective, is an important and timely contribution to the literature. This book examines the camp as a colonial innovation and the enduring colonial logics of supposedly ‘humanitarian'extended encampment. Drawing on the anti-colonial theorists such as Fanon, Mbembe, and Nyerere, etc, it argues for an Africa without borders or encampment. The study is interdisciplinary, encompassing forced migration/refugee studies, camp studies, decolonial studies, and African studies. More broadly, it seeks to contribute to the literature on the politics of asylum in Africa through a critical examination of the colonial origins and the practice of encampment in Kenya.

This book sheds light on the fact that the proclamation of an emergency can be a legitimate constitutional method to take prompt preventative measures in protecting the interests of the society in times of grave crises. However, the exercise of emergency powers should not undermine a nation's commitment to democratic values, such as maintaining the rule of law and upholding fundamental human rights. The COVID-19 pandemic has posed grave threats to the lives and health of individuals. However, since the constitutions of South Asian nations do not permit the proclamation of an emergency on health grounds, executives of these nations were constrained to rely, among other things, on ordinary legislation to tide over the threats posed by the pandemic. Although these statutes entrust the executive with extensive emergency powers, they do not simultaneously stipulate any safeguards subjecting the exercise of such powers to a reliable system of checks and balances. Accordingly, this book critically examines the exercise of emergency powers in the South Asian nations to tide over threats posed by the COVID-19 pandemic, which had a profoundly adverse impact on the human rights of individuals. Such exercise of powers was consistent with the general tendency demonstrated by succeeding generations of the executives in these nations to use emergency situations as the convenient means for imposing long-lasting limitations on the rights of individuals. Consequently, this book identifies the flaws, deficiencies, and lacunae of the legal framework in these nations, which permit the executive to assume unfettered power in the exercise of emergency measures at the expense of the liberty of individuals. Consequently, based on these findings, recommendations will be put forward for initiating reforms in these nations aimed at ensuring the maintenance of a delicate balance between the necessity to respond tograve threats and to simultaneously prevent undue intrusion on the fundamental human rights of individuals.

In this thoroughly updated second edition of what has quickly become the definitive text in the field of international humanitarian law (IHL), leading expert Marco Sassòli evaluates the application of IHL, the way in which hostilities should be conducted against an adversary, and the pertinence of traditional distinctions, such as that between international and non-international armed conflicts or civilians and combatants. Drawing on the author's practical experience to provide unique and invaluable insights, the second edition discusses the rules protecting certain categories of persons, including prisoners of war, as well as governing different types of conduct of hostilities and the difficulties in determining whether a destruction was unlawful. Significantly, the edition takes the armed conflict between Russia and Ukraine into account, discussing what remains of neutrality, defending the strict separation between the prohibition of aggression and the humanitarian rules to be respected by both sides, which must however be nuanced in the field of naval warfare. New sections explore IHL in relation to persons with disabilities, sieges and humanitarian corridors, the role of the media, IHL in outer space, and the concept of meaningful human control over lethal autonomous weapons systems. Structured in a clear and accessible manner, this new edition is essential reading for all students and scholars of international humanitarian law, as well as those in human rights, and public international law. For military practitioners and NGO lawyers, as well as those working in intergovernmental organizations, this is simply a must-have resource.

This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work's broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples'rights and the role of international law in the 21st century.

Volume 25 of the Yearbook of International Humanitarian Law (IHL) sheds light on the interplay between IHL and other adjacent branches of international law. This Volume moves beyond the traditional preoccupation of examining IHL's relations with international human rights law, the law on the use of force and international criminal law. Authors were invited to discuss, both in general and specific terms, doctrinally and theoretically, interactions between IHL and other neighbouring frameworks. Accordingly, this Volume is dedicated to exploring the interrelationship between IHL and other adjacent frameworks, such as international environmental law, international investment law, the law on defences to state responsibility, and counter-terrorism law.The Volume contains four articles dedicated to the subject of IHL and neighbouring frameworks. The Volume further features a Focus section on IHL controversies arising from Russia's aggression against Ukraine, and ends, as usual, with a Year in Review section.The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL, and will continue to do so in the future. As this Volume demonstrates, it offers a space where IHL-related issues can be explored both from a doctrinal and a theoretical perspective. It provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law.Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers, and students.

This book concentrates on the crisis perpetrated by the Boko Haram group in Nigeria, which since 2009 has made a definitive impact on both the domestic and international criminal landscape. The volume centres on three core issues: first, an assessment of the criminal legal responses at the domestic level, where the legal characterization of the conducts in question, including an evaluation of the state of specific domestic prosecutions, are assessed. Secondly, the book gauges the potential for international criminal justice while evaluating the Boko Haram situation at the International Criminal Court. This includes an assessment of the jurisdictional aspects, the admissibility, and the interests of justice requirements in addition to the appraisal of conducts amounting to war crimes and crimes against humanity perpetrated.Finally, the book explores possible non-prosecutorial responses in the form of classic and non-classic transitional justice mechanisms that maybe utilized as a response to the crisis in Nigeria. Furthermore, it draws instructive lessons from Nigeria's past misadventure with specific transitional justice mechanisms while exploring the realities of utilizing the restorative justice mechanisms available in Nigeria. The volume concludes by calling for a victim-centred approach in the discourse around the Boko Haram crisis.This book presents a definitive study of the history of the development of Boko Haram and the related domestic and international criminal legal issues. Researchers and anyone seeking to understand the Boko Haram crisis in relation to international criminal law, including those looking for a clear overview of the criminal conduct perpetrated by Boko Haram in Nigeria and a view of Nigeria's domestic legal regime, will benefit from the information on offer.Victoria Ojo-Adewuyi is a lawyer, called to the Nigeria Bar in 2012. She obtained a Bachelor of Laws degree (LL.B)in 2011 from the Obafemi Awolowo University, Ile-Ife (Nigeria), obtained a Master of Laws Degree (LL.M) from the University of the Western Cape, Cape Town (South Africa) and Humboldt Universität zu Berlin under the South African-German Centre for Transnational Criminal Justice in 2016, and completed her doctorate in International Criminal Law at the Humboldt-Universität zu Berlin (Germany) in 2022.

​This book examines whether Australia's constitution should be reformed so as to enable the country to fulfil its obligations under the United Nations Declaration on the Rights of Indigenous Peoples, which it ratified in 2009. The book surveys the history of the constitutional status of Australia's Indigenous peoples from the time of colonisation through to the current debate on ‘Indigenous constitutional recognition'. However, it argues that the term ‘Indigenous constitutional recognition', implying that mere acknowledgement of the existence of Indigenous peoples is sufficient to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable constitutional rights canthe power imbalance between Indigenous Australians and the rest of society be addressed. Taking a comparative approach and drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes the text of constitutional amendments designed to achieve the realisation of the rights of Australia's Indigenous peoples. It ends with a call to improve the standard of civics education so as to overcome voter apprehension towards constitutional change.

This book explores African domestic and regional responses and approaches to environmental protection and sustainability. Written by African experts, the collection consists of five parts covering the whole of Africa. It provides broad coverage of specific themes, including environmental constitutionalism, climate change, gender and the environment, wildlife trade, environmental justice, and human displacement. The key aims are first, to explore theoretical and empirical studies to interrogate and provide clarity on academic discourse on how and whether environmental human rights approaches and policy implications have effectively enhanced environmental protection and sustainability at African domestic levels. Second, to investigate and present innovative solutions on how African domestic legal regimes deal with environmental justice, natural resources governance, refugees'environmental rights, and climate-induced displaced persons. Finally, to propose innovative legal and institutionalised solutions to Africa's ecological realities by determining the legal and regulatory gaps on environmental human rights issues on the continent.The collection will be a valuable resource for researchers, academics, and policymakers in human rights law, environmental law, political science, ecology and conservation, environmental management, disaster management, and development studies.

This book, finished in September 2023, addresses the fundamental principles enshrined in Resolution 2625 (XXV): sovereignty, the principle of non-intervention, the prohibition of the use of force, and self-determination. Studying these principles can help us understand some of the main features of international law and the international community in the 21st century: the role of traditional and new subjects alike; the sources of international law; issues of international responsibility; and new international challenges. For this purpose, the book analyses in each chapter the main controversial practices regarding principles. In addition, a section is devoted to an analysis of the particular relationship between the European Union and these principles, given the EU's unique role as an important evolution in international law as both a subject and treaty maker. Further, the EU provides an example of the institutionalisation of the international community and helps to solidify the concept. The book is chiefly intended for experts on International Law. Its purpose is to offer an updated vision of the international community through analysis of the core principles of international law, highlighting contradictions and problems regarding its application and interpretation. The book should also be of great interest and value to those starting careers in international law, offering them key insights into the international community and the roots of the international system.

In the data economy, childhood is a lucrative commodity. The digital technologies that offer incredible possibilities for children's enrichment and empowerment also open avenues for their exploitation, denigration, criminalisation, and control. Coming to grips with this paradigm of technological benefits and harms requires a deepened understanding about how children's rights are engaged within a technocratic system that distributes costs and benefits unequally. In the context of the altered flows of data and power in the digital age, Wendy O'Brien argues for a resurgence in the commitment to equal human dignity. Challenging narrow conceptualisations of online risks to children, the book identifies the need to confront the techno-social status quo that accepts harms against children as inevitable. This book will be of interest to legal scholars, criminologists, policy makers and technologists with an interest in upholding children's rights in the age of AI.

This book represents a significant intervention in human rights and its literary praxis, underscoring its paramount relevance and pressing urgency within the intricate tapestry of the Asian Pacific context. The book examines the local trauma endured within the complex geopolitical landscape of the Asian continent while also embracing a broader outlook that transcends geosocial boundaries. As a pivotal contribution to the discourse on Asian trauma studies, the chapters address a critical scholarly lacuna by delving into critical theoretical reflections and providing a robust epistemological foundation. The chapters look at human rights and trauma studies in a way that focuses not only on Europe. The volume fosters a deep comprehension of the historical and cultural facets shaping the Asian continent and its human rights challenges. The book is indispensable for educators, policymakers, and researchers engaged in the intricate realm of human rights and trauma studies.

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 discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. The collection explores international migration and its impact on sovereignty, international cooperation, security, and human rights. In particular, it takes into account the composite framework of international and national rules, and the role of judicial and monitoring bodies in protecting the rights of migrants, with the aim of assessing the state of the art, identifying the gaps, and formulating possible remedies. The work of some international organizations such as the UN and its specialized agencies and the European Union is investigated, together with a set of regional practices such as those of Latin America and South-East Asia, and countries, such as Mexico, Georgia, Tunisia, Italy, and the United States. The issues of the fundamental rights of migrants in the European legal order are also addressed, including the emerging scenarios related to recent crises like the one generated by the war in Ukraine. This timely collection will be essential reading for academics, researchers and policy-makers working in the areas of Migration Law, Asylum and Refugee Law, International Law, International Organizations, EU Law, International Human Rights Law, International Humanitarian Law, Comparative Law and Socio-Legal 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 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.

Esta coletânea, composta de 14 capítulos, é uma materialização do compromisso de Polícia Militar do Espírito Santo com a excelência, uma reflexão crítica e constante aprimoramento de nossos quadros internos com o saber profissional voltado ao expressivo assunto. Os temas abordados nesses capítulos não poderiam ser mais pertinentes e contemporâneos, como: Direitos Humanos e os Desafios de sua Efetiva Universalidade; A Evolução dos Direitos Humanos: uma perspectiva multidimensional e o direito à segurança; A Colisão entre os Direitos Fundamentais e as Formas de Solução do Problema, entre outros, oferecem uma análise objetiva e aplicada das questões cruciais que enfrentamos na intersecção entre direitos humanos e segurança pública. São abordagens focalizadas, cujos assuntos revelam a importância para a nossa Instituição e para a sociedade como um todo. Com esta publicação, fica registrado o legado que será apreciado pelas gerações futuras de policiais militares, bem como a toda a comunidade acadêmica e sociedade. Os ensinamentos contidos nestas páginas são valiosos e fornecem uma base sólida para a compreensão das complexas questões que envolvem os Direitos Humanos e a segurança pública.

O que é a guerra cibernética? Como o Direito Internacional Humanitário, ou Direito Internacional dos Conflitos Armados, oferece proteção às vítimas de guerras cibernéticas? Numa tendência de digitalização e dependência global do espaço cibernético, as vulnerabilidades do ambiente virtual foram afloradas, ressaltando este como potencial zona de operações militares. Os ataques cibernéticos podem ter diversas origens, desde organizações terroristas, ativistas etc., e podem ser utilizados por governos para auxiliar estrategicamente os tradicionais domínios bélicos e/ou coadunar como'atos de guerra'. Nesse ambiente complexo, incerto e de difícil fiscalização, propiciam-se violações, especialmente de direitos humanos e de outras normas de direito internacional. Esta obra parte da delimitação das situações denominadas como'guerras cibernéticas'enquanto matéria de preocupação humanitária, percebendo que as operações em seu escopo estão regulamentadas pelo DIH, embora de modo insuficiente, sobretudo sob um viés operacional. Entende-se que os princípios humanitários podem oferecer uma elucidação à'zona cinzenta'que lastreia o comportamento dos Estados no ciberespaço em contexto de segurança internacional. Contudo, o potencial custo humano que as operações cibernéticas têm assumido faz notar que outros impasses – como a atribuição de autoria estatal – exibem a necessidade de políticas públicas internacionais mais contundentes para a cooperação sobre o uso do ciberespaço.

This book provides a comprehensive view to those who are interested in human trafficking, child trafficking, and child protection in China. Based on over 2000 case laws from 1990 to 2020, this book provides an in-depth analysis of the causes, criminal patterns, and consequences of child trafficking happened in 30 provinces in China. It reveals a phenomenon that has not attracted much attention at the international level -- the trafficking of children, intranational and transnational, for resale and illegal adoption.

The impact of the COVID-19 pandemic will be a topic for academic research for years to come. This collection brings together international scholars from various disciplines to analyse the impact of the pandemic on both religious freedom and on religious community life in Europe.Divided into two parts, the first focuses on theoretical considerations, while the second explores local challenges and includes case studies from countries with different socio-political profiles. The book includes critical evaluations of public crisis management of religious communities during the pandemic, as well as critical reflections on religious freedom appeals in such crisis.In sum, the volume probes and challenges scholars and students of law, religion, politics, and sociology to go beyond the typical oppositions in considering Freedom of Religious Belief in the current secular European context. The work will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Religion, Human Rights Law, Sociology, and Political Science.

Scanning across half a century, Fractured Society…Causes, Effects and Resolutions looks at how human relations have been coming apart psychologically, summarised by the widespread failure to understand each other. Young people seem more stressed than others, while politics are now more polarised than for a long time past. Wherever you look, at gender relations, the working environment, responses to traumatic events and how people relate to their sense of place – whether positively or negatively - there are profound tensions around how we interact with each other. But maybe all is not lost! Hugh Roberts examines how every situation can look different in context, applying lessons learned from many years working internationally across diverse cultures and value systems. He proposes a fresh approach to relationship building, based on empathy and understanding of individual agendas. COVID-19 brought communities a renewed sense of collective purpose with digital communication proving vital in sustaining meaningful connections. However, the Internet needs to take its rightful place in, rather than take over, the slow re-building of mutual trust. Fractured Society delivers an upbeat message advocating a better-connected world, encouraging us to adopt a positive empathetic approach to one another, replacing the fear and mistrust of forming new acquaintances.

Making human rights a reality requires that various types of domestic actors take measures, which is often demanding, all the more so in federal systems. This open access book, Engaging with Human Rights: How Subnational Actors use Human Rights Treaties in Policy Processes, shows that an important part is played at the subnational level, with repeated back-and-forth between and within levels of governance rather than a ‘top-down'trajectory. The dynamics of implementation at national and sub-national level is an emerging area of study. This book explores how actors use human rights treaties in the policy process, sometimes leading to an engagement that increases human rights implementation, and at other times not. Treaties provide both opportunities and constraints. Switzerland, as a highly decentralized federal state, offers a perfect setting to study the processes at work. Using legal, political, and sociological analyses, the authors draw on over 65 semi-structured interviews and focusses on two topical case studies: violence against women, including domestic violence, and the rights of persons with disabilities. This book provides a blueprint for other researchers and practitioners who wish to study the concrete implementation and impacts of human rights obligations.

Japan has faced widespread scrutiny for failing to properly address international parental child abduction involving its citizens. This book examines how and why Japan has come to have this tarnished image, its response, and how it might manage these disputes in the future. In particular, the book explores how Japan engages with international legal frameworks to manage international parental child abduction and what this means, in reality, for Japanese people and others who come under its wide umbrella. A focus of this examination is how the key international treaty, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, has fared since being introduced in Japan in 2014. Case studies of parental child abduction involving Japan are used throughout to illustrate the legal and social concepts discussed in the book. The struggles of both abducting and left-behind parents across fluid international borders reveal seismic social and philosophical shifts in Japan that continue to shape its legal landscape. This book will be a useful resource for students of Japanese Studies, Sociolegal Studies, Comparative Law and International Law.

This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States'level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin'transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union.The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.

Sur une période de trois ans, près de la moitié de la population canadienne rencontrera un ou plusieurs problèmes juridiques. Alors qu'elles sont de plus en plus nombreuses à ne pas pouvoir accéder aux services juridiques et qu'elles se heurtent aux barrières de compréhension du droit, ces personnes tentent de s'informer comme elles le peuvent, y compris sur Internet. Ce livre explore le rôle de ces mutations au regard de l'accès à la justice à partir d'une ethnographie réalisée sur deux groupes d'entraide juridique sur le réseau social Facebook. L'enquête est une occasion inédite de dévoiler certaines inégalités dans l'accès à la justice tandis que les bénéfices et les limites de l'information juridique sur les groupes diffèrent selon le groupe et ses réseaux sociaux préexistants. Ultimement, cette recherche permet une réflexion sur les enjeux, les défis et les actions possibles en matière d'accès à la justice.

This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy.In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America compared to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions.The book provides much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism and in the intersections between law and gender.

This collection addresses many of the issues arising from the management of religious and cultural diversity in a multicultural society and refers to the complex relationship between the right to religious freedom and security. In recent decades, and particularly since September 2001, the right to religious freedom, which has hitherto been widely protected, has come up against a significant challenge in terms of security, or rather, in the subjectively and publicly perceived feelings of security. This book collects original theoretical, legal and comparative contributions addressing several implications for the right to freedom of religion or belief through the lens of security. It offers a new key to understanding how to manage the processes of integration of religious diversity in multifaith societies. Written by leading experts in the area, the work reveals the importance of avoiding simplistic conclusions and unfounded prejudices about religious freedom, and of limiting restrictive or repressive interventions to situations of genuine danger. The book will be an essential resource for researchers, academics and policy-makers working in the areas of Law and Religion, Human Rights Law and Security Studies.

In a new era of rising protests, social unrest and political discontent globally, especially over climate change, war dangers, austerity measures and social inequality, the right to protest is a critical democratic right. Yet it is increasingly controversial and subject to government reaction. This book poses a crucial question: how to defend and extend democracy? It examines the critical historical, social, political, ethical and legal issues raised by the basic democratic right to protest and the legislative and executive measures being taken by governments to restrict it. These measures are examined with a focus on three countries with an English legal heritage: the United States, Britain and Australia. These states are frequently held up as models of liberal democracies, respecting core legal and democratic rights. However, an examination shows that they have adopted far-reaching anti-protest laws and other provisions that threaten protest rights and genuine democracy itself. This book will be of interest to all members of society, as well as students, academics and policy-makers in the fields of civil liberties and human rights, constitutional law, criminal justice, national security and environmental studies.

In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights'jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of human rights law and media law.

The history of voting rights in America is a checkerboard marked by dogged progress against persistent prejudice toward an expanding inclusiveness. The Supreme Court decision in Smith v. Allwright is a crucial chapter in that broader story and marked a major turning point for the modern civil rights movement. Charles Zelden's concise and thoughtful retelling of this episode reveals why.Denied membership in the Texas Democratic Party by popular consensus, party rules, and (from 1923 to 1927) state statutes, Texas Black people were routinely turned away from voting in the Democratic primary in the first decades of the twentieth century. Given that Texas was a one-party state and that the primary effectively determined who held office, this meant the total exclusion of Texas blacks from the political process. This practice went unchecked until 1940, when Lonnie Smith, a Black dentist from Houston, fought his exclusion by election judge S. E. Allwright in the 1940 Democratic Primary. Defeated in the lower courts, Smith finally found justice in the U.S. Supreme Court, which ruled 8-1 that the Democratic Party and its primary were not “private and voluntary” and, thus, were duly bound by constitutional protections governing the electoral process and the rights of all citizens.While the initial impetus of the case may have been the wish of one man to exercise his right to vote, the real meaning of Smith's challenge to the Texas all white primary lies at the heart of the entire civil rights revolution. One of the first significant victories for the NAACP's newly formed Legal Defense Fund against Jim Crow segregation, it provided the conceptual foundation which underlay Thurgood Marshall's successful arguments in Brown v. Board of Education. It was also viewed by Marshall, looking back on a long and storied career, as one of his most important personal victories.As Zelden shows, the Smith decision attacked the intractable heart of segregation, as it redrew the boundary between public and private action in constitutional law and laid the groundwork for many civil rights cases to come. It also redefined the Court's involvement in what had been a hands-off area of “political questions” and foreshadowed its participation in voter reapportionment cases.A landmark case in the evolution of Southern race relations and politics and for voting rights in general, Smith also provides a telling example of how the clash between national concerns and local priorities often acts as a lightning rod for resolving controversial issues. Zelden's lucid account of the controversies and conflicts surrounding Smith should refine and reinvigorate our understanding of a crucial moment in American history.

Winner: Langum Prize Before 1954, both law and custom mandated strict racial segregation throughout much of the nation. That began to change with Brown v. Board of Education, the landmark decision that overturned the pernicious “separate but equal” doctrine. In declaring that legally mandated school segregation was unconstitutional, the Supreme Court played a critical role in helping to dismantle America's own version of apartheid, Jim Crow.This new study of Brown—the title for a group of cases drawn from Kansas, Virginia, South Carolina, Delaware, and the District of Columbia—offers an insightful and original overview designed expressly for students and general readers. It is concise, up-to-date, highly readable, and very teachable.The authors, all recognized authorities on legal history and civil rights law, do an admirable job of examining the fight for legal equality in its broad cultural and historical context. They convincingly show that Brown cannot be understood apart from the history of caste and exclusion in American society. That history antedated the very founding of the country and was supported by the nation's highest institutions, including the Supreme Court whose decision in Plessy v. Ferguson (1896) supported the notion of &#8220separate but equal.”Their book traces the lengthy court litigations, highlighting the pivotal role of the National Association for the Advancement of Colored People and including incisive portraits of key players, including co-plaintiff Oliver Brown, newly appointed Chief Justice Earl Warren, NAACP lawyer and future Supreme Court justice Thurgood Marshall, and Justice Felix Frankfurter, who recognized the crucial importance of a unanimous court decision and helped produce it. The authors simply but powerfully narrate the obstacles these individuals faced and the opportunities they grasped and clearly show that there was much more at stake than educational rights. Brown not only changed the national equation of race and caste—it also changed our view of the Court's role in American life.The dramatic story of the road to and from Brown, despite the retrenchments of recent years, needs to be heard anew. As we prepare to commemorate the decision's fiftieth anniversary in May 2004, this book invites readers to walk that road again and appreciate the lasting importance of what is indisputably a landmark case.

This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.

Animal Lives Matter provides a comprehensive analysis of the legal, philosophical, and ethical aspects of animal rights. It argues that the subject extends beyond the matter of our obligations towards animals, to include our wider responsibilities for protecting the environment. Drawing on numerous moral, political, legal, religious, and philosophical theories including utilitarianism, deontology, rights theory, social contractarianism, and the capabilities approach, the author meticulously examines the questions of sentience, speciesism, personhood, and human exceptionalism. Lucid, nuanced, and academically rigorous, this important book will be an essential resource for scholars of law, politics, philosophy, ethics, as well as policy makers and the general reader.

This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it investigates vital questions on where accountability and responsibility for AI-related violations of human rights should lie.Expert contributors examine the evolution, strengths, weaknesses and loopholes of international guidelines and standard-setting initiatives for AI by the United Nations, Council of Europe and European Union. Chapters focus on key situations in which the use of AI raises human rights concerns, including AI-supported decision-making in healthcare, public administration and cases of asylum; the use of facial recognition software; and the creation of deepfakes. Ultimately, the book highlights the need to establish effective oversight systems and adaptable remedies to protect human rights as AI continues to develop.Demonstrating the significant implications of AI technology in all areas of human life, this book is a vital resource for academics and students of international human rights law and European law. It is also an important read for policymakers and professionals interested in data security and the utilization of AI-powered solutions.

What is the place of human rights law within global governance? How can we safeguard human rights in various sites of global governance? What is the role of the state, non-state actors, and global governance institutions in all this? Global Rights?: Human Rights in Complex Governance interrogates how human rights and global governance interact with various sub-fields of international and transnational regulation to answer these foundational questions. The volume offers a detailed exploration of the role of human rights in global governance contexts, such as the sovereign debt regime, global value chains, development assistance, international food governance, and the laws of war. Through an in-depth study of several global governance regimes based on diverse theoretical and methodological approaches, this volume challenges the mainstream discourse on the evolution of human rights law and its limits. As a result, issue areas that are rarely in conversation with each other--such as the World Bank's practices and the law on the use of force--are examined through a common analytical framework that is both rich and flexible enough to shed new light on individual areas of concern and simultaneously reflect on cross-cutting themes. Bringing human rights experts together with leading scholars in the law of international organizations, public finance, corporations, and use of force, Global Rights? thus serves as a contemporary reflection and set of arguments on how to study and productively think about human rights in complex governance settings.

This book draws together interdisciplinary perspectives to examine the legal, moral, and socio-spatial regulation of sex work in the contemporary context. With a thematic focus on the gendered landscape of sex work, formal and informal methods of socio-spatial control, and (in)access to justice, this book explores the role of space in the regulation of sex work in diverse contexts, from the local to the global. The chapters collectively bring together complex, inter-related issues that impact the lives of sex workers throughout the world, providing evidence of the impacts of regulation on sex workers and subsequent barriers to accessing justice and rights. This collection centres the regulated lives of sex workers, using an intersectional lens that highlights the gendered and racialised impacts of stigma. Incorporating knowledge derived from both academic research and lived experience, this book provides a unique contribution that will be of interest to academics and policy-makers globally.

This book provides a critical and comprehensive analysis of the reconceptualization of preventive warfare in the 21st century. It discusses how the US launched and fought some wars to prevent future vague threats and how that practice has fundamentally undermined the legal system and the main principles of the use of force in ways that not only further US dominance but shield powerful actors from accountability. The US redefined key legal concepts to set up a new legal framework for preventive warfare and, consequently, introduced new practices for carrying out preventive military operations. Drawing on a collection of case studies, on the changes in the jus ad bellum and jus in bello, focusing mainly on Afghanistan and Iraq and beyond, the book shows how violations of the law of war were persistently conducted in the 21st century by supposedly democratic countries that claimed to be upholding the law. It explores three types of preventive warfare – that is, preventive national self-defense, preventive on-the-spot reactions, and preventive “security” detention – to show how they blurred the line between civilians and legitimate military targets, and thus increased the risk of causing harm to civilians. The book speaks to students, scholars, and practitioners from the fields of criminology, law, international relations, political science, critical security studies, and critical military studies.

This book honors the diverse and path-breaking work of Michael Adler, a pioneer of socio-legal scholarship in the UK. The book brings together an international group of scholars—established and emerging researchers from across the globe—to develop key ideas generated by Adler's scholarship. Building on his rich portfolio of creative work at the interface of law and social science, the book explores themes that continue to resonate in contemporary debates about how best to understand the relationship between justice, fairness, and the modern administrative state. Specifically, the book re-examines core issues which Adler, as a key figure of the first generation of UK socio-legal scholars, explored, including: the relationship between official discretion and the rule of law; the justice of internal administrative processes; the importance of a ‘bottom up'perspective on justice; power and accountability in the prison sector; access to justice for social welfare claimants; and the promise of viewing law through the lens of social science.

Palestinians have used the language of human rights to articulate their struggle against the Israeli occupation and internationalise the injustices they face. Palestinian young people learning about human rights at school experience a dissonance between the aspirational and internationalised framework of those norms and the layers of injustice of their own lived experience. Drawing on research in the occupied West Bank, this book explores the three layers of marginalisation faced by Palestinian young people – the Israeli occupation that denies them their humanity; the Palestinian pseudo-state that denies them a voice; and patriarchal structures that deny them agency – to show how these barriers influence their understanding of, and scepticism towards, human rights. Influenced by decolonial theories, this book illuminates how space needs to be created for the counter-narratives of the oppressed in human rights discourse, which may not align with more conventional representations of human rights. It contends that human rights and, by extension, human rights education in the Palestinian context (and beyond) needs to be critiqued, decolonised and ultimately transformed.