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Edited by Yoram Dinstein

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

Series:

Edited by Yoram Dinstein

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

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.

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Edited by Aoife Nolan, Rosa Freedman and Thérèse Murphy

The United Nations Special Procedures system is a key element of the evolving international framework for human rights protection and promotion. However, despite the system’s expansion, the range of roles and functions performed by mandate holders, and the mounting evidence of its strengths and limitations, there has been very little academic interrogation or analysis of Special Procedures. This lacuna is ever-more problematic given the growing profile and effectiveness of the Special Procedures’ work, as well as the increasing attention and challenges that they face, both externally from States and internally from within the UN system. Given the current ‘state of play’ of Special Procedures, it is essential that scholarly attention be focussed upon the system. How does it contribute to international human rights protection? How, when and why does it fail to do so? What steps can and should be taken to address shortcomings both within the system and in terms of the legal and political context within which it operates? Featuring expert contributions from key players within, and expert commentators on, the Special Procedures system, this volume addresses these questions in an in-depth and rigorous scholarly manner.

'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

Integrating Maritime Security with Human Rights

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Edited by Violeta Moreno-Lax and Efthymios Papastavridis

This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

Ineffective Legal Assistance

Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law

Jill E.B. Coster van Voorhout

In Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law, Dr. Jill E.B. Coster van Voorhout, LL.M, MSc examines the extent to which ineffective legal assistance and its redress for the accused in the Netherlands abide by minimum guarantees set by the European Court on Human Rights regarding the right to an effective defence in a fair trial. Coster van Voorhout demonstrates convincingly that, currently, Dutch law and case law do not fully guarantee the right to effective legal assistance and related minimum guarantees. This book offers recommendations as to how redress for ineffective legal assistance could better conform to the relevant ECHR standards.

Series:

Edited by Yoram Dinstein

The Israel Yearbook on Human Rights- an annual published under the auspices of the Faculty of Law of Tel Aviv University since 1971- is devoted to publishing studies by distinguished scholars in Israel and other countries on human rights in peace and war, with particular emphasis on problems relevant to the State of Israel and the Jewish people. The Yearbook also incorporates documentary materials relating to Israel and the Administered Areas which are not otherwise available in English (including summaries of judicial decisions, compilations of legislative enactments and military proclamations).

The Israel Yearbook on Human Rights Volume 46 is also available online.

Pro-independence Movements and Immigration

Discourse, Policy and Practice

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Edited by Roberta Medda-Windischer and Patricia Popelier

The volume “Pro-independence Movements and Immigration: Discourse, Policy and Practice”, edited by Roberta Medda-Windischer and Patricia Popelier, explores the ways in which pro-independence movements and the governments of sub-state nations view and interact with new immigrants. It also examines the attitudes of new minorities toward pro-independence movements. Through case studies from the Basque Country, Flanders, Catalonia, Quebec, Scotland and South Tyrol, the authors examine the interrelationship between pro-independence movements and new minorities from a new perspective, oriented towards a more plural and inclusive approach between all individuals and groups (regardless of whether they are old or new minority groups) living in a given territory, and particularly in sub-national territories.

Regime Accommodation in International Law

Human Rights in International Economic Law and Policy

Heejin Kim

In Regime Accommodation in International Law: Human Rights in International Economic Law and Policy, Heejin Kim analyses the ways in which international human rights and economic law interact and conflict across a range of complex issues. These sub-branches of international law are not entirely autonomous; as the author shows, they have been developed in a close relation to each other. International law – imperfect as it is – provides means to resolve the antinomies arising from conflicting rights and obligations under these sub-fields. Against the difficulties of addressing non-economic concerns including human rights in the practice of WTO and foreign investment regime, Kim examines how decision-makers at different stages of international economic policy-making can accommodate, invoke, or reflect human rights in a better way.

National Identities and the Right to Self-Determination of Peoples

"Civic -Nationalism -Plus" in Israel and Other Multinational States

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Hilly Moodrick-Even Khen

In National Identities and the Right to Self-Determination of Peoples, Hilly Moodrick-Even Khen revisits the legal right to self-determination of peoples and suggests an integrative model for securing the cohesion of the various nationalities within multinational states. The model, set on both legal and political science theories, departs from civic nationalism but calls to strengthen it with more immediate and emotional means, such as shared national symbols and multicultural education. Moodrick-Even Khen explores the political history of Canada, Belgium, and Spain and touches upon other divided societies such as South Africa, Northern Ireland and Cyprus. Drawing upon these cases, she suggests a future model for a cohesive society in Israel, which is currently nationally divided between Arabs and Jews.