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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.

Edited by Mary Lou Breslin and Silvia Yee

This volume describes the extraordinary success of the international political movement of people with disabilities to include disability as a human rights issue. The authors are renowned disability rights attorneys, university professors, and activists who practice, teach and work internationally.



Published under the Transnational Publishers imprint.

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Edited by Ferdinand J.M. Feldbrugge

The states of Central and Eastern Europe have, to different extents and with varying levels of success, engaged in the transition from authoritarian rule. The (re-) construction of democratic, law-based governance has turned out to be a lengthy and - at times - frustrating process. The agenda for post-communist reform contains many entries, yet a transition-blue-print is not available.
The papers collected in this volume explore the implications of the transition process in various areas. While not all aspects of post-communist law are covered, several crucial issues receive an in-depth treatment. These are: the development of (supra-) governmental systems, the procuracy, minority rights, contract law, land ownership and industrial property rights. Displaying remarkable scholarly as well as practical legal expertise, the various contributors to this volume illustrate the problems in, and the potential of, these policy areas.

Justice Pending: Indigenous Peoples and Other Good Causes

Essays in Honour of Erica-Irene A. Daes

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Edited by Gudmundur Alfredsson and Maria Stavropoulou

The articles in this volume deal with many of the issues, which have been and continue to be on the international law and human rights agenda of Erica-Irene A. Daes. She is an international personality, with a long and varied career, but she has been and is passionately involved in a wide range of issues related directly or indirectly to the Greek experience and the Greek diaspora.
The energy and output of Erica Daes culminated in her tireless efforts to seek protection for the world's indigenous peoples. It is in this capacity that the international human rights community has best learned to know and appreciate her. As an independent expert, she has served as Chairman of the Working Group on Indigenous Populations and she has carried out studies on indigenous land rights, intellectual and cultural rights, and indigenous heritage. She played a key role in bringing about an international year (1993) and a decade (1995-2004) for the promotion of the rights of indigenous peoples.
Most importantly, Erica Daes was the principal drafter of the UN draft declaration on the rights of indigenous peoples, which has become known as the Daes Declaration and which is reproduced in an annex to this book. Other annexes contain excerpts from her documents prepared in the context of her UN career, some of which have not been previously published.

EC Law and Minority Language Policy

Culture, Citizenship and Fundamental Rights

Niamh Nic Shuibhne

The European Community has pledged respect for the cultural and linguistic diversity of its Member States and has recognized minority languages as an inherent constituent in this regard. This development reflects a broader trend within the Community towards grappling with less obvious aspects of supranational governance. Minority language groups turn optimistically to `Europe' in response.
But, despite rhetorical promises, just what can the EC actually be expected to do in the realm of minority language protection, a politically sensitive and traditionally domestic concern?
Arguments put forward to date focus primarily on philosophical, moral, economic, and political discourse. While these considerations are a vital aspect of the debate on minority languages and on linguistic diversity more generally, the question of legal basis remains largely unanswered.
For the first time, this book traces comprehensively the existence of an appropriate legal basis for action undertaken by the EC in this domain, striving in particular to locate a pragmatic yet effective balance between legitimate possibility and acceptable limitations.

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Edited by Kirsten Hastrup and George Ulrich

Discrimination on the basis of race, gender or other ascribed group affiliations or individual identities is an all too well-known phenomenon. International instruments are invoked and refined to alter this situation, but often to little avail. In the present volume, authors from across the globe explore the nature and forms of discrimination and seek to establish a new conceptual ground for addressing the issue.
Toleration is often advocated as a remedy for discriminatory practices. In contrast to tolerance, which is seen as an attitude, toleration implies an active engaging of difference. In this volume, several authors address the inherent complexities of the notion itself, not least the implication of asymmetry between the tolerant and the tolerated.
A central theme throughout the volume is the relative force of law and other areas of public concern in addressing the issues of both discrimination and toleration. From a wide range of legal, literary, anthropological, and philosophical perspectives, the authors also show how the role of the intellectual is vital in reshaping the discourse and in redirecting practices that may affirm the equal worth of all humans.

Edited by Christof Heyns and Frans Viljoen

The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties.
The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level.
Mechanisms to improve the international enforcement mechanisms of the six main treaties have been a topic of discussion and research for many years, but the domestic impact of the treaties has never been investigated in a systematic and comprehensive manner.
This book constitutes the most ambitious attempt so far to establish the impact of the treaties at the domestic level. The following treaties in 20 United Nations Member States are investigated: the Convention on the Elimination of All Forms of Racial Discrimination, the Covenant on Economic, Social, and Cultural Rights, the Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention Against Torture, and the Convention on the Rights of the Child.
This book reflects the findings of 20 researchers, based in the countries investigated, under the leadership of Professors Christof Heyns and Frans Viljoen of the Centre for Human Rights, University of Pretoria, in a study done in co-operation with the United Nations High Commissioner for Human Rights.
The influence of the treaties in each of the 20 countries is investigated in respect of its influence on the continuation, legislation, court cases, policies and practices, and the impact of the treaty system in civil society.
In an overview chapter by the study leaders based on a comparison of the available data, common trends and patterns are identified, and recommendations about reforms on the national and international level are made.
This is a book that should be read by all those interested in the development of the international human rights system.

Legal Cultures and Human Rights

Volume 1: The Challenge of Diversity

Edited by Kirsten Hastrup

Cultural diversity, as expressed for instance in different normative orders or legal cultures, poses both a practical and a theoretical challenge to the idea of universal human rights.
In the present volume, the authors seek to address and contain this challenge with a view to the changing nature of the global society. While 'culture' is sometimes signposted as an obstacle to human rights on the ground, this volume suggests that in so far as the global 'culture of human rights' is primarily seen as a formal and institutional order based on a particular view of equal human worth, local cultures cannot trump it.
The main point is that the culture of human rights is inclusive of all and must maintain a standard by which all peoples and cultures can measure their own performances. Further, and as demonstrated in the present volume from a range of disciplines such as law, literature, history and anthropology, culture is not a mental prison but a particular outlook upon the world, for ever changing in response to new experiences and insights.

Edited by Walter A. Kemp

Quiet Diplomacy in Action is the first comprehensive account of the work of Max van der Stoel as High Commissioner on National Minorities for the Organization for Security and Co-operation in Europe (OSCE). Because Van der Stoel worked discreetly, until now very little has been written about his activities. This book takes the reader behind the scenes to explain why the post of High Commissioner was created, what his mandate is, how he worked in practice, and what recurrent themes and issues he encountered. Quiet Diplomacy in Action also gives a detailed summary of the High Commissioner's activities in the more than fifteen countries that he was involved with between 1993 and 2001. Major documents relating to national minorities in the OSCE context are included in an annex.
As Michael Ignatieff writes in the Foreword: `Everyone talks about conflict prevention. One of the few senior figures that actually does it is the OSCE High Commissioner on National Minorities'. This book, written in co-operation with Mr. Van der Stoel, gives a unique insight into conflict prevention, minority rights, and the challenge of resolving inter-ethnic tensions. It should be considered a primary resource for all those interested in these subjects.