Browse results

You are looking at 1 - 10 of 218 items for :

  • Minority & Group Rights x
  • Upcoming Publications x
  • Just Published x
  • Search level: All x
  • Status (Books): Published x
Clear All
This book offers the first comprehensive scholarly analysis of the current meaning and scope of military necessity – a key concept in the international legal framework for the protection of cultural heritage during armed conflicts since the adoption of the 1954 Hague Convention. Academic discussions commonly view military necessity uniquely through the lens of international humanitarian or international criminal law. In her book, Berenika Drazewska presents a more comprehensive perspective, examining developments across various strands of international law arisen since 1954. This novel approach demonstrates how international cultural heritage law affords a particularly strict meaning to military necessity. As a result, the relative waiver will only be available to belligerents very rarely, in truly extraordinary circumstances.

Drazewska’s Military Necessity in International Cultural Heritage Law engages a significant issue in this rapidly evolving field of international law, the inclusion of necessity in regulation of the protection of cultural heritage during armed conflict after 1945. Its very inclusion was viewed as a major concession, which is only multiplied because of the difficulties of its application on the ground. This thorny issue has come to the fore again with large-scale cultural losses inflicted during recent armed conflicts. Elegantly written and scholarly in its approach, this book places this question and possible answers to it within the broader sweep of international law and recent developments not only in international humanitarian law, but state responsibility, international criminal law and international criminal law. It offers a significant and timely reexamination and reconceptualization of this important topic.
Prof. Ana Filipa Vrdoljak (UNESCO Chair in International Law & Cultural Heritage, Faculty of Law, University of Technology, Sydney)
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Author: Anna Muś
In The Political Potential of Upper Silesian Ethnoregionalist Movement: A Study in Ethnic Identity and Political Behaviours of Upper Silesians Anna Muś offers a study on the phenomenon of ethnoregionalism in one of the regions in Poland. Since 1945, ethnopolitics in Poland have been based on the so-called assumption of the ethnic homogeneity of the Polish nation. Even the transformation of the political system to a fully democratic one in 1989 did not truly change it. However, over the last three decades, we can observe growing discontent in Upper Silesia and the politicisation of Silesian ethnicity. This is happening in a region with its own history of autonomy and culturally diversified society, where an ethnoregionalist political movement appeared already in 1989.
In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests..
Article 5 of the United Nations Convention on the Rights of the Child
This book arises out of a CRC Implementation Project colloquium on Article 5 of the UN Convention on the Rights of the Child. Article 5 protects the responsibilities, rights and duties of parents or others to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of his/her rights. In this interdisciplinary collection, leading international scholars address the interplay of parental guidance, state responsibility and child autonomy within a wide range of fields, from gender identity to criminal justice. The chapters provide fascinating insights into the vital but enigmatic role of Article 5.
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
Volume Editors: Terressa A. Benz and Graham Cassano
This volume places the Flint, Michigan, water contamination disaster in the context of a broader crisis of neoliberal governance in the United States. Authors from a range of disciplines (including sociology, criminal justice, anthropology, history, communications, and jurisprudence) examine the failures in Flint, but with an emphasis upon comparison, calling attention to similar trajectories for cities like Detroit and Pontiac, in Michigan, and Stockton, in California. While the studies collected here emphasize policy failures, class conflict, and racial oppression, they also attend to the resistance undertaken by Flint residents, Michiganders, and U.S. activists, as they fought for environmental and social justice.

Contributors include: Terressa A. Benz, Jon Carroll, Graham Cassano, Daniel J. Clark, Katrinell M. Davis, Michael Doan, David Fasenfest, A.E. Garrison, Peter J. Hammer, Ami Harbin, Shea Howell, Jacob Lederman, Raoul S. Lievanos, Benjamin J. Pauli, and Julie Sze.
This volume in the Brill Research Perspectives in Comparative Discrimination Law compares sex discrimination protection through three thematic lenses. Firstly, it charts and compares the evolution sex discrimination protection in human rights law in three treaty-bodies - the CEDAW Committee, the HRC and the CESCR. Second, it traces the development of sex discrimination protection in three domestic law frameworks – the United States, Australia and India. Finally, it compares the development of sex discrimination protection in international law with its development in the domestic laws of the three countries and analyses the implications of that comparison. Despite differences in the translation of international approaches to sex discrimination into domestic law and differences in social, political and cultural contexts, women appear to face similar limitations in accessing justice through sex discrimination frameworks.
<