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Prosecuting Human Rights Offences

Rethinking the Sword Function of Human Rights Law

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Krešimir Kamber

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

The EU and the Security-Development Nexus

Bridging the Legal Divide

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Hans Merket

In The EU and the Security-Development Nexus, Hans Merket unravels the long-standing commitment of the European Union (EU) to integrate its policies across the security-development nexus. By fine-tuning the Common Foreign and Security Policy (CFSP) – which includes the Common Security and Defence Policy (CSDP) – with its development cooperation policies, the EU aims to end the devastating vicious cycle of insecurity and poverty in fragile states. This book undertakes a comprehensive analysis of the EU’s words and deeds that result from this engagement across its entire policy, and its institutional and legal system. This gives a complete picture of the significance, impact, limits, potential and remaining challenges of this policy commitment, and simultaneously elucidates the practical impact of Treaty reform in the area of EU external action.

Europe and the Americas

Transatlantic Approaches to Human Rights

Edited by Erik André Andersen and Eva Maria Lassen

In Europe and the Americas: Transatlantic Approaches to Human Rights, leading scholars of different disciplines offer new insight into transatlantic approaches to human rights. At a time when global challenges (economic crises, poverty, terrorism, mass migration and climate change) have a profound impact on the universal development of human rights and democracy, a common transatlantic understanding of human rights may prove instrumental in meeting these challenges.

Through conceptual discussions, by analysing different human rights topics in different periods and regions (Europe, the United States and Latin America), and by focusing on a diverse range of actors, from policy makers and judicial institutions to academics and civil society, the authors identify key developments of human rights within a transatlantic framework.

ASEAN and Human Trafficking

Case Studies of Cambodia, Thailand, and Vietnam

Series:

Naparat Kranrattanasuit

Trafficking in persons is a serious crime that affects the human rights, dignity and integrity of all its victims including women, men, and children in the Association of Southeast Asia Nation (ASEAN) region. ASEAN has made efforts to fight human trafficking through inter alia the establishment of regional counter-human trafficking laws and human rights bodies to establish best norms and practices for its member countries. Nevertheless, the International Labour Organization (ILO) recently declared that there are more than 11.7 million forced labor victims in the Asia-Pacific region encompassing the biggest concentration of forced labour victims in the world.

This volume reviews the achievements and the deficiencies of ASEAN’s counter-human strategies at the national and regional level. It offers suggestions for the reform of ASEAN's anti-trafficking laws and for the creation of a regional anti-trafficking human rights body specialized in preventing human trafficking, promoting equal protection of all trafficking victims, and prosecuting human traffickers.

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Edited by Elspeth Guild, Cristina Gortázar Rotaeche and Dora Kostakopoulou

This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.

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Kristīne Krūma

In EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge, Kristīne Krūma offers an account of the regulation of nationality at international, EU and national (Latvian) levels. Growing global migration and multiple individual loyalties lead to a fusion of national identities traditionally preserved by the EU Member States.
Dismantling national borders and granting directly effective rights to EU citizens broadens our understanding about belonging only to the limited territory of a single State. The primary focus is the status of the EU citizenship, which has become a meaningful status capable of satisfying claims by citizens. The Latvian example shows that migrant status cannot be ignored because of the crucial role of migrants in the future construct of the EU.

Edited by Anna-Sara Lind and Jane Reichel

From having been a legal discipline with a predominantly national perspective, administrative law has increasingly become influenced and affected by the general trends of globalization in modern society. Globalization in general and Europeanization in particular have resulted in a multitude of economic and social contacts across borders, within and between commercial and personal, as well as public and private spheres. Globalization has thus led to a need to find new and adapted administrative law solutions. This changed legal landscape for administrative law is a reality that nearly all lawyers active within the field of administrative law have to relate to in their work.

In this book we have gathered a number of prominent scholars who analyze the developments of administrative law from their respective perspective. The papers were first presented at a colloquium at the Faculty of Law at Uppsala University in March 2012. The aim of the colloquium was to increase our own understanding of the processes of globalization within administrative law and to learn from each other. By publishing the papers, we hope that the knowledge gained there can be passed on to a wider group of interested scholars and practicing lawyers.

The contributions to this book are divided into three parts; Governance and procedures, Administrative law within and beyond Europe and Theoretical approaches. The book opens with a paper by Lena Marcusson, Professor of Administrative Law, Uppsala University, which also served as the introduction to the colloquium in 2012.

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Edited by Tove H. Malloy and Ugo Caruso

In Minorities, their Rights, and the Monitoring the European Framework Convention for the Protection of National Minorities, Malloy and Caruso have collected a number of essays authored by prominent European experts on minority rights with aim to provide a first ever description and analysis of the processes guiding the monitoring of the Convention. The volume addresses both the technical and political side of the monitoring, and it brings in not only views from the host of the Convention, the Council of Europe, but also from the external players that interact with the Convention in the course of seeking to protect Europe’s national minorities

Regional Dynamics in Central and Eastern Europe

New Approaches to Decentralization

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Edited by Francesco Palermo and Sara Parolari

Based on a multidisciplinary analysis, the book presents a contemporary view of the main challenges facing regional development and regional policy in Central and Eastern Europe, particularly considering to what extent domestic and non-domestic legacies have affected the regionalization process in this area. The volume mainly focuses on the institutional arrangements at regional level, analyzing the motives, procedures and outcomes of either political or administrative reforms introduced in the latest years. The focus are the former communist countries, both members of the EU and not (case studies selected: Romania, Hungary, Poland and Serbia), with a specific chapter concentrating on a case study from the West – England – whose process of regionalization provides a useful point of reference for the experiences of its Central-East counterparts.

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Geert-Jan Knoops

In Redressing Miscarriages of Justice (2nd ed.) Geert-Jan Alexander Knoops offers an extensive review of the (procedural) mechanisms available in different (international) criminal law systems, in order to prevent and redress miscarriages of justice. The mechanisms will be illustrated on the basis of the causes of miscarriages of justice.

Disclosure deficiencies, false confessions, eyewitness misidentification and (fraudulent) forensic sciences are all topics that pass in review. The new chapter to this 2nd edition gives particular insight from a defence perspective; it delves into the issue of challenging and investigating forensic “science” reports and is illustrated with some vivid case examples.

The book is essential to everyone studying and challenging wrongful convictions, since it combines both procedures and causes.