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Regionalism and Human Protection

Reflections from Southeast Asia and Africa

Edited by Charles T. Hunt and Noel M. Morada

This book provides a detailed examination of how norms concerning human rights, civilian protection and prevention of mass atrocities have fared in the regions of Southeast Asia and Africa. Originated as a spin off of the journal GR2P (vol. 8/2-3, 2016), it has been enriched with new chapters and revised contents, which contrast the different experiences of those regions and investigates the expression of human protection norms in regional organisations and thematic policy agendas as well as the role of civil society mechanisms/processes. Hunt and Morada have brought together scholar-practitioners from across the world.The collection identifies a range of insights that provide rich opportunities for south-south exchange and mutual learning when it comes to promoting and building capacity for human protection at the regional level.

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Edited by Anne F. Bayefsky and Laurie R. Blank

Incitement to terrorism connects the dots between evil words and evil deeds. Hate precedes terror. History has already taught us that incitement to genocide and to crimes against humanity unchecked will inevitably bring devastation to humankind. Incitement is an affront to the dignity of its victims, and poses a dire threat to all people of good will. However, combating incitement to terrorism poses operational, constitutional and human rights challenges on many fronts, both domestically and internationally. What is incitement? Where should the line be drawn between protected speech and incitement that should be criminalized? Does war change the calculus of what are appropriate and lawful measures to contain and respond to such incitement? And, how does social media and the nature of communication and engagement in our virtual world change or complicate how we think about, and can respond to, incitement?

This compilation offers expert analysis on incitement to terrorism across these challenging issues and questions. The contributors bring expertise from a range of countries and operational experiences, providing an illuminating and thought-provoking examination of domestic and international law, comparative approaches, and emerging trends with respect to incitement to terrorism.

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Frank Cranmer

In Religion and belief in United Kingdom employment law, Frank Cranmer discusses the relationships between religion and employment in the wider context. It is a particularly complex area of law that touches on a wide variety of issues, ranging from the basic question, ‘exactly what constitutes a “religion” or “belief”?’ to ‘what kinds of religious dress do my employees have a right to wear to work?’ and ‘what religious standards – if any – can I, as an employer, demand of my employees?’.

The purpose of the study is to provide an overview of some of the current issues and problems surrounding the law relating to employment by religious organisations and the manifestation of religion in the workplace. Because the complexity of the law means that individual outcomes in disputed cases are often depend heavily on the facts, it does so primarily by examining recent case-law.

On Coerced Labor

Work and Compulsion after Chattel Slavery

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Edited by Marcel M. van der Linden and Magaly Rodríguez García

On Coerced Labor focuses on those forms of labor relations that have been overshadowed by the “extreme” categories (wage labor and chattel slavery) in the historiography. It covers types of work lying between what the law defines as “free labor” and “slavery.” The frame of reference is the observation that although chattel slavery has largely been abolished in the course of the past two centuries, other forms of coerced labor have persisted in most parts of the world. While most nations have increasingly condemned the continued existence of slavery and the slave trade, they have tolerated labor relationships that involve violent control, economic exploitation through the appropriation of labor power, restriction of workers’ freedom of movement, and fraudulent debt obligations.

Contributors are: Lisa Carstensen, Christian G. De Vito, Justin F. Jackson, Christine Molfenter, David Palmer, Nicola Pizzolato, Luis F.B. Plascencia, Magaly Rodríguez García, Kelvin Santiago-Valles, Nicole J. Siller, Marcel van der Linden, Sven Van Melkebeke.

Mass Atrocities, Risk and Resilience

Rethinking Prevention

Edited by Stephen McLoughlin

Mass Atrocities, Risk and Resilience examines the relationship between risk and resilience in the prevention of genocide and other mass atrocities and explores two broad areas of neglect. In terms of prevention, there is very little research that analyzes how local and national actors manage the risk associated with mass atrocities. In the field of comparative genocide studies, to date there has been very little interest in examining negative cases. Although much is known about why mass atrocities occur, much less is established about why they do not occur. The contributions in this book address this neglect in two important ways. First, they challenge commonly-accepted approaches to prevention. Second, they explore negative cases in order to better understand how local and national actors have mitigated risk over time.

Essential Rules of Behaviour for Police in Armed Conflict, Disturbance and Tension

Legal Framework, International Cases and Instruments

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Ralph Crawshaw and Leif Holmström

The primary focus of this book is the laws of war, also referred to as the international law of armed conflict and international humanitarian law. There are two aspects to the laws of war, jus ad bellum, the rules governing resort to armed conflict, and jus in bello, the rules governing the conduct of armed conflict. The purpose of the book is to inform police officials about the latter. It is also written for other State officials, including the military, who may carry out police operations, educators and trainers of police and those who monitor or investigate police or otherwise seek to hold them accountable.
In addition to considering rules of behaviour in actual armed conflict, the book focuses on police conduct in those forms of conflict that fall below the armed conflict threshold, that is to say situations of internal disturbance and tension. Whilst the laws of war are not legally applicable in such situations, it is argued here that some of its principles and provisions should form an important element in the strategy and tactics of policing civil disturbances, especially when they are serious in terms of scale or intensity of violence.

Travelling Models in African Conflict Management

Translating Technologies of Social Ordering

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Edited by Andrea Behrends, Sung-Joon Park and Richard Rottenburg

Travelling Models offers a theoretical concept for comparative research on conflict management in Africa in processes of globalization: how is change in one place related to developments in other places? Why are certain issues that are important in one place taken up in other places, while others are not? The authors examine how the travel of models enact changes, particularly in African conflict situations, most often in unexpected ways. They look at what happens when a model has been put into practice at a conflict site, and they pay attention to the forms of social (re-)ordering resulting from this process. The authors look, among others, at conflict managing models of power- and revenue sharing, mediation, freedom of expression, disaster management, community involvement and workshopping.

Contributors are: Andrea Behrends, Lydie Cabane, Veronika Fuest, Dejene Gemechu, Mutasim Bashir Ali Hadi, Remadji Hoinathy, Mario Krämer, Sung-Joon Park, Tinashe Pfigu, Richard Rottenburg, Sylvanus Spencer and Kees van der Waal.

The Introduction of this volume is being offered in Open Access

Edited by Sara E. Davies, Zim Nwokora, Eli Stamnes and Sarah Teitt

In Responsibility to Protect and Women, Peace and Security: Aligning the Protection Agendas, editors Davies, Nwokora, Stamnes and Teitt address the intersections of the Responsibility to Protect (R2P) principle and the Women, Peace, and Security (WPS) agenda.

Widespread or systematic sexual or gender-based violence is a war crime, a crime against humanity and an act of genocide, all of which are clearly addressed in the R2P principle. The protection of those at risk of widespread sexual violence is therefore not only relative to the Women, Peace and Security (WPS) agenda, but a fundamental sovereign obligation for all states as part of their commitment to R2P.

Contributions from policy-makers and academics consider both the merits and the utility of aligning the protection agendas of R2P and WPS. Ultimately, a number of actionable recommendations are made concerning a unification of the agendas to best support the global empowerment of women and prevention of mass atrocities.

The Arab Spring

New Patterns for Democracy and International Law

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Edited by Carlo Panara and Gary Wilson

The Arab Spring: New Patterns for Democracy and International Law explores a number of critical issues brought to the forefront of the international community as a result of the uprisings which began in the Middle East and North Africa in early 2011. Particularly prominent among these are issues concerning the right to democracy within international law, self-determination, recognition of newly installed governments, the use of force for humanitarian purposes, protection of human rights, and the prosecution of international crimes. This important volume brings together a multitude of fresh voices, and as events in the Arab world continue to unfold, is certain to make a valuable contribution to a meaningful understanding of the “Arab Spring” from a constitutional and international law perspective.

Ernst Hirsch Ballin

One needs to learn from the experience of the individual, from specific real-life situations, where and how the law can promote justice. This is a desideratum that goes beyond the mere question of whether the application of a rule is compatible with fundamental rights and human rights treaties. Law that acknowledges human dignity, the first desideratum that follows from the acknowledgement of that human dignity as the most basic fundamental right, operates in a dynamic of detachment to ensure equality and proximity to the individual to reflect the uniqueness of the lives we live. To illustrate the author takes a number of examples from those fields of law that impinge most closely on the lives of individuals – criminal law, family law, and immigration law. It is there that the law touches on the intimacy of human lives. Perhaps paradoxically, the importance of this is heightened by the formation of the cross-border, European, and global networks of relationships that increasingly shape our lives. The interconnectedness of our lives and how that transcends the boundaries of culture, language, and state determines the realities of the law in the twenty-first century and requires us to consider carefully the interconnection of the general with the personal.