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The Enigma of Comparative Law

Variations on a Theme for the Twenty-First Century

A.E. Orucu

Viewing the contested theme Comparative Law as an ‘Enigma’, this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum.
By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking ‘Where are we going?’.

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Edited by Jan Niessen and Isabelle Chopin

Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.

Edited by Nazila Ghanea

The themes and issues explored in this book - religion, human rights, politics and society could not be more relevant to the post 11 September 2001 world. They lie at the heart of global political debate today.
The collection explores these issues after the passing of just over two decades from the adoption of the United Nations Declaration on the Elimination of all Forms of Intolerance and Discrimination based on Religion or Belief. That declaration set out minimum international standards for the elimination of such discrimination. Sadly the challenge of intolerance on the basis of religion or belief continues to plague us, and tackling it seems to have become increasingly entrenched.
The complexity of this phenomenon requires expertise from different quarters. This collection draws from diplomatic, activist and theological quarters and benefits from the analysis of scholars of law, history, religious studies and sociology.
The ten chapters of this collection examine the relationship between human rights, law and religion; offer a typology for the study of religious persecution; problematise the consequences flowing from religious establishment in religiously plural society; analyse the implications of the directions being taken by the jurisprudence of the European Court of Human Rights and the protections offered by the European Commission council Directive 2000/43/EC outlawing workplace discrimination; study the 1981 Declaration and its promotion through the work of the UN Special Rapporteur on Freedom of Religion or Belief; and explore the intricacies of this freedom in detail from within the context of the United Kingdom and The Netherlands.

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Edited by Leif Holmström

Thirty-five years ago, on 16 December 1966, the General Assembly of the United Nations adopted without a vote the two International Covenants on Human Rights. Together with the Universal Declaration of Human Rights, the International Cove-nant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, including its two Optional Protocols, form what is often referred to as the International Bill of Human Rights. Both Covenants entered into force ten years later. At present, 145 States have ratified or acceded to the Interna-tional Covenant on Economic, Social and Cultural Rights.
Under articles 16 and 17 of the Covenant, each State party undertakes to submit re-ports for the consideration by the Economic and Social Council under a programme established by the Council. However, in 1985, the Council decided to set up the Committee on Economic, Social and Cultural Rights to discharge that function - to monitor the implementation of the Covenant by States parties. At its sixth session, in 1991, the Committee adopted criteria for formulating concluding observations after the consideration of a State party report, and at its eighth session, in 1993, the Com-mittee started to use a standard format for the presentation of its concluding observations. The Committee makes a general evaluation of the report and of the dialogue with the delegation, makes note of positive aspects, factors and difficulties impeding the implementation, and of principal subjects of concern. It also makes suggestions and recommendations to the State party concerned.
The present volume contains concluding observations adopted by the Committee on Economic, Social and Cultural Rights at its eighth to twenty-seventh sessions (1993-2001).

Foreword by Mrs. Mary Robinson, the then United Nations High Commissioner for Human Rights.

Responding to the Human Rights Deficit

Essays in Honour of Bas de Gaay Fortman

Edited by Paschal Mihyo and Karin Arts

Despite the existence of a wide range of human rights instruments and procedures, human rights violations still abound. The authors of this book address this so-called human rights deficit, and the possible responses to it, from various disciplinary angles and mostly in the context of development. They explore the reasons for the continuation of economic, social and/or political exclusion and human rights violations at large. They also present keys for redressing the human rights deficit. The role of law, and questions of universality, inclusion and exclusion are central themes in this book. The need to take up civil and political rights and economic social and cultural rights on equal footing is recognized by several of the authors, and so is that of bridging the public-private divide. Specific contributions address among others the importance of human rights training and education, the role of NGO's in a globalizing world, minorities, gender and women's rights, accountability of multinational corporations, and the problem of human trafficking.

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Edited by European Centre for Minority Issues and The European Academy Bozen/Bolzano

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.

Part I contains scholarly articles and, in 2001/2, features three special focus sections (‘Minority Rights as a New Regime of Multilevel Governance in Europe’, ‘Non-Discrimination’ and ‘Complex Power-Sharing Arrangements as a Means of Overcoming Self-Determination Disputes’), accompanied by a miscellaneous articles section.

Part II reviews the implementation of minority legislation and international standards at the universal and regional levels as well as new developments in relation to them and contains a chronology of events.

Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook will be an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

Universal Ethics

Perspectives and Proposals from Scandinavian Scholars

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Edited by Göran Bexell and Dan-Erik Andersson

Questions on universal ethics are of utmost importance for peaceful relations between nations, cultures and religions. Are there common values or are all morals just expressions for various political, economic or religious interests?
In this book scholars from different academic fields and with various views discuss questions that in different ways concern both the possibilities and risks of universal or common ethics. The book is divided into five parts; philosophical and ethical perspectives, human rights perspectives, universal ethics and religion, globalization and global governance, universal ethics and Nordic values. Scholars from such fields as philosophy, ethics, human rights, history, political science, sociology and theology are represented. All of the authors are active researchers at Scandinavian universities.
This collection of articles is directed to professionals in various disciplines, but can also serve as an introduction to the subject of universal ethics.

Judith G. Gardam and Michelle J. Jarvis

The role that gender plays in determining the experience of those caught up in armed conflict has long been overlooked. Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention.
This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.

Forging a Singaporean Statehood: 1965-1995

The Contribution of Japan

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Robin Ramcharan

This work takes an in-depth look at the muli-faceted contemporary relationship between Singapore and Japan since the end of World War II. It is the story of a relationship between an economic superpower, Japan, and an enterprising city-state whose leaders have sought to emulate not only Japan's economic success but several key facets of Japanese society as well. No other country surpasses Singapore in its public admiration of Japan. How is it possible for a multi-ethnic Singapore to emulate a relatively homogeneous Japan? What features of economic and political motives behind the attempt to emulate Japan? These and other questions are adressed in this work, which will be of interest to scholars of the international relations and security of East and Southeast Asia.