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Sergey Yu. Marochkin

This book addresses the increased role and standing of international law in the Russian legal system through analysis of judicial practice since the adoption of the Russian Constitution in 1993. The issue of interaction and hierarchy between international and domestic law within the Russian Federation is studied, combining theoretical, legal and institutional elements.
Sergey Marochkin explores how methods for incorporating and implementing international law (or reasons for failing to do so) have changed over time, influenced by internal and global policy. The final sections of the book are the most illustrative, examining how 'the rule of law’ remains subordinate to ‘the rule of politics’, both at the domestic and global level.

The February Revolution, Petrograd, 1917

The End of the Tsarist Regime and the Birth of Dual Power

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Tsuyoshi Hasegawa

The February Revolution, Petrograd, 1917 is the most comprehensive book on the epic uprising that toppled the tsarist monarchy and ushered in the next stage of the Russian Revolution. Hasegawa presents in detail the intense drama of the nine days of the revolution, including the workers' strike, soldiers' revolt, the scrambling of revolutionary party activists to control the revolution, and the liberals’ conspiracy to force Tsar Nicholas II to abdicate. Based on his previous work, published in 1981, the author has revised, enlarged, and reinterpreted the complexity of the February Revolution, resulting in a major and timely reassessment on the occasion of its centennial.

Human Rights, State Sovereignty and Medical Ethics

Examining Struggles Around Coercive Sterilisation of Romani Women

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Claude Cahn

Human Rights, State Sovereignty and Medical Ethics: Examining Struggles Around Coercive Sterilisation of Romani Women examines the mobilized use by people and groups of the international human rights law framework to move legal, policy and ultimately social change at national and local level. One particular case study is examined in detail: efforts by Romani women in the Czech Republic and Slovakia to secure legal remedy for coercive sterilization. International legal aspects of these cases are examined in detail. The book concludes by endeavouring to answer questions concerning the nature of international law and the evolution of the post-World War II international human rights framework, the structure of national sovereignty, and the potential impact of both on human autonomy.

Seeing Through the Eyes of the Polish Revolution

Solidarity and the Struggle Against Communism in Poland

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Jack M. Bloom

In 1980 Polish workers astonished the world by demanding and winning an independent union with the right to strike, called Solidarity--the beginning of the end of the Soviet empire. Jack M. Bloom's Seeing Through the Eyes of the Polish Revolution explains how it happened, from the imposition to Communism to its end, based on 150 interviews of Solidarity leaders, activists, supporters and opponents. Bloom presents the perspectives and experiences of these participants. He shows how an opposition was built, the battle between Solidarity and the ruling party, the conflicts that emerged within each side during this tense period, how Solidarity survived the imposition of martial law and how the opposition forced the government to negotiate itself out of power.

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Juan Carlos Ochoa S.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals?

Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.

A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia

The Case for a Southeast Asian Court of Human Rights

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Hao Duy Phan

This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection.
This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.

Reason, Justice and Dignity

A Journey to Some Unexplored Sources of Human Rights

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Peter Leuprecht

The term “human rights” is relatively recent. It was first used in the late 18th century, in the West. However, many of the basic ideas behind that concept had long been current in various other cultures and civilizations. The book traces those ideas on a journey to some unexplored, or insufficiently explored, sources of what we now call human rights, in three stages: ancient China with Confucius and Mencius; the golden age of Islam with Avicenna, Averroes and Ibn Khaldun; and 16th century Spain with Las Casas and de Vitoria. The author’s conclusion is that human rights and the fundamental concepts of reason, justice and dignity which underlie them can be a powerful, leavening source of universal human unity.

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Edited by Radu Mares

The issue of corporate responsibilities has had a tumultuous history at the United Nations. When the Human Rights Council unanimously endorsed John Ruggie’s Guiding Principles in June 2011, it was the first time that the UN stated authoritatively its expectations in the area of business and human rights. This volume captures this special moment in time: a moment of taking stock of a successfully concluded UN Special Representative mandate (2005–2011) and of preparing for the massive task of following up with more operational guidance, effective governance mechanisms and sound theoretical treatments.

The 12 chapters in this collection offer an in-depth analysis of Ruggie’s reports with a special emphasis on regulatory and governance issues surrounding corporate responsibility. How does international human rights law handle corporations? Are we beginning to grasp the complexities and impacts of financial markets on human rights? What kind of corporate due diligence can make supply chains more socially sustainable? Why should parent companies act when their affiliates infringe rights? What is the potential of national human rights institutions in the area of business and human rights? What is the role of states and law in the social change process promoted by the corporate responsibility movement? How do we ‘orchestrate’ polycentric governance regimes to ensure respect for human rights?

Academics and practitioners, policymakers, business executives, civil society activists and legal professionals will find this collection useful as they embark on the difficult but exciting journey of refining and contextualising Ruggie’s foundational work.

The Progression of International Law

Four Decades of the Israel Yearbook on Human Rights – An Anniversary Volume

Edited by Yoram Dinstein and Fania Domb

This volume was produced to celebrate the fortieth anniversary of the Israel Yearbook on Human Rights. Forty years have yielded an impressive forty annual volumes. When it was started in 1971, the Yearbook was the first of its kind anywhere in the world. It has always understood its mandate as transcending the narrow borders of the discipline of either national or international human rights. From the outset, international humanitarian law and
international criminal law were understood as coming within the proper framework of the Yearbook, as were on occasion articles on diverse freedoms that may seem out of bounds to a strict interpreter of the phrase “human rights”.

The present volume brings to the fore only one dimension of the Yearbook, namely essays. Twenty-five of them are collected here: twelve originally appeared in the first twenty issues of the Yearbook, and thirteen in the last twenty volumes, offering a fair cross-section of the literally hundreds of articles in the Yearbook over time, produced by authors from all over the world. Those chosen for inclusion in this Anniversary volume were felt to most impressively tap the rich lode of legal research; present insightful theses for intellectual discourse and argument; and enhance the readers’ knowledge and understanding.

Bertrand G. Ramcharan

This unique book, one of the first of its kind, discusses how human rights actually featured in UN peace operations in the deadly conflicts in the former Yugoslavia between 1992 and 1996. It is based on original materials in the possession of the author, who was Director of the International Conference on the Former Yugoslava from 1992 to 1996 and also served as Director of the Office of the UN Special Representative in charge of all peacemaking, peacekeeping, and humanitarian operations in the region. The book brings out the strategic centrality of human rights in the wide-ranging humanitarian operations. It shows how the peacekeepers built in a human rights dimension for the first time in the history of UN peacekeeping. And it shows how the peace negotiators sought to build their peace proposals on the foundations of human rights. It shows the peacemakers advocating justice for the victims while proceeding with their negotiating efforts. The great value of this book is that the author, who was personally involved in all of the activities he writes about, shows how human rights were instilled in practice in UN peace operations over a period of some four years and it also reveals, for the first time, some innovative ideas advanced that might be helpful in future peace operations.