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Human Rights Protection by the ECtHR and the ECJ

A Comparative Analysis in Light of the Equivalency Doctrine

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Elisa Ravasi

In her manuscript Elisa Ravasi examines how the ECtHR responds to the growing challenges of overlapping legal systems. She focuses, in particular, on the relationship between the ECHR and EU law. First, she systematically analyses 10 years of ECtHR jurisprudence on the principle of equivalent protection and develops an innovative analysis scheme for its application. Afterwards, she examines the equivalency of the human rights protection provided by the ECJ in light of the minimum standards of the ECHR in three specific fields (naming law, ne bis in idem and equality of arms). Finally, she considers whether the presumption of equivalent protection of the ECtHR in favour of the EU is still justified.

Mobilizing Public Sociology

Scholars, Activists, and Latin@ Migrants Converse on Common Ground

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Edited by Victoria Carty and Rafael Luévano

Mobilizing Public Sociology, coedited by Victoria Carty and Rafael Luévano, combines theory and scholarly perspectives with a grassroots approach to challenges that Latin@ immigrants face in the United States. Public sociology calls for scholars and community activists and practitioners to engage in dialogue and to work together in the struggle for social justice. The contributors to this collection—scholars, immigrants, practitioners, and community activists—share their scholarly perspectives and personal experiences on a wide range of issues related to immigration, including deportation and criminalization, undocumented youth and higher education, legislation, and community activism. The collection encourages ongoing collaboration in dealing with some of the most pressing problems affecting our communities with the hope of breaking down barriers and misconceptions.

Contributors are: Amelia Alvarez, Fawn Bekam, Victoria Carty, Kristin E. Heyer, Patricia Huerta, Rusty Kennedy, Oliver Lopez, Rafael Luévano, Raquel R. Marquez, Eileen McNerney, Patrick Murphy, Jerry Price, Lisa D. Ramirez, Harriett D. Romo, Suzanne SooHoo, Madeleine Spencer, Daniele Struppa, and Bishop Kevin William Vann.

Santa Bárbara’s Legacy

An Environmental History of Huancavelica, Peru

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Nicholas A. Robins

In Santa Bárbara’s Legacy: An Environmental History of Huancavelica, Peru, Nicholas A. Robins presents the first comprehensive environmental history of a mercury producing region in Latin America. Tracing the origins, rise and decline of the regional population and economy from pre-history to the present, Robins explores how people’s multifaceted, intimate and often toxic relationship with their environment has resulted in Huancavelica being among the most mercury-contaminated urban areas on earth. The narrative highlights issues of environmental justice and the toxic burdens that contemporary residents confront, especially many of those who live in adobe homes and are exposed to mercury, as well as lead and arsenic, on a daily basis. The work incorporates archival and printed primary sources as well as scientific research led by the author.

Islam in a Post-Secular Society

Religion, Secularity and the Antagonism of Recalcitrant Faith

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Dustin Byrd

Islam in the Post-Secular Society: Religion, Secularity and the Antagonism of Recalcitrant Faith critically examines the unique challenges facing Muslims in Europe and North America. From the philosophical perspective of the Frankfurt School’s Critical Theory, this book attempts not only to diagnose the current problems stemming from a marginalization of Islam in the secular West, but also to offer a proposal for a Habermasian discourse between the religious and the secular.

By highlighting historical examples of Islamic and western rapprochement, and rejecting the ‘clash of civilization’ thesis, the author attempts to find a ‘common language’ between the religious and the secular, which can serve as a vehicle for a future reconciliation.

Holding UNPOL to Account

Individual Criminal Accountability of United Nations Police Personnel

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Ai Kihara-Hunt

Ai Kihara-Hunt’s Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated.
The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.


Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

A Collection of Individual Opinions (2013-2016), Volume 3

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Antônio Augusto Cançado Trindade

The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade´s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations.

We also offer this title as part of a 3 volume set (isbn 9789004375048).

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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.

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Rhonda Ferguson

In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.