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Regional Integration in Africa

What Role for South Africa?

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Edited by André Mbata Mangu

In Regional Integration in Africa: What Role for South Africa, Henri Bah, Zondi Siphamandla and Andre Mbata Mangu reflect on African integration and the contribution of post-apartheid South Africa. From their different scientific background, they demonstrate that despite some progress made under the African Union that superseded the Organisation of African Unity, Africa is still lagging behind in terms of regional integration and South Africa, which benefitted from the rest of the continent in her struggle against apartheid, has not as yet played a major role in this process. Apart from contributing to advancing knowledge, the book should be a recommended read for all those interested in African regional integration and the relationships between Africa and post-apartheid South Africa.
Contributors are Henri Bah, Andre Mbata Mangu, Eddy Maloka and Zondi Siphamandla.

Advocating Social Change through International Law

Exploring the Choice between Hard and Soft International Law

Edited by Daniel Bradlow and David Hunter

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Edited by Trude Haugli, Anna Nylund, Randi Sigurdsen and Lena R.L. Bendiksen

The book presents a comparative study of children’s constitutional rights in Denmark, Finland, Iceland, Norway and Sweden. The authors discuss the value of enshrining children’s rights in national Constitutions in addition to implementing the Convention of the Rights of the Child (CRC). Central issues are whether enshrining children’s rights in a constitution improves implementation and enforcement of those rights by providing advocacy tools and by mandating courts, legislators, policy-makers and practitioners to take children’s rights seriously. The study assesses whether the constitutions are in line with the child rights approach of the CRC both on a general level and in detail in three domains; the best interests of the child, participation rights, and the right to respect for family life.

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Guofu Liu

Understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved. Chinese Refugee Law offers a comprehensive, up-to-date, and readily accessible reference to Chinese refugee law. It focuses first on existing laws and practices relating to refugees in China, then offering a scholar's proposal for a law to handle with refugee affairs and implement the Convention Relating to the Status of Refugees. The book provides the detail, insight and background information needed to understand this complex area of law. It examines both existing Chinese statutes and relevant international documents, drawing on and comparing Chinese and English language sources. It is thus an invaluable resource for both Chinese and non-Chinese readers alike.

The Constitutional Identity of Contemporary China

The Unitary System and Its Internal Logic

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Han Zhai

In The Constitutional Identity of Contemporary China: the Unitary System and Its Internal Logic, Han Zhai offers a profound understanding of China’s constitutional history with her account of constitutional identity of multi-layered states in other parts of the world. This book successfully bridges China’s constitutional complex and the emerging common theory of constitutional law with methodological innovations. In constitutional comparison, this work’s treatment of the Kingdoms of Spain and the Netherlands provides effective structural and historical analysis. This book does not only awaken China’s constitutional identity in contemporary scholarship but also presents rich possibilities in the constitutional study and the way we understand a country’s fundamental arrangements in its national context

The European Union Returns Directive and its Compatibility with International Human Rights Law

Analysis of Return Decision, Entry Ban, Detention, and Removal

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Izabella Majcher

The book undertakes a throughout human rights assessment of the EU Returns Directive. The overarching human rights framework which circumscribes states’ prerogatives in the context of expulsion builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on the assessment of the Directive against this human rights framework, Izabella Majcher discusses several protection gaps in the Directive’s provisions which may result in violations of migrants’ rights and highlights how the Directive’s rules should be implemented to comply with member states’ human rights obligations. Informed by this assessment, the book discusses draft amendments to the Directive, proposed by the European Commission in September 2018.

“By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France

Legislating for Equality

A Multinational Collection of Non-Discrimination Norms. Volume IV: Asia and Oceania

Edited by Talia Naamat, Dina Porat, Elena Pesina and Giovanni Matteo Quer

Migration and Islamic Ethics

Issues of Residence, Naturalization and Citizenship

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Edited by Ray Jureidini and Said Fares Hassan

Migration and Islamic Ethics, Issues of Residence, Naturalization and Citizenship addresses how Islamic ethical and legal traditions can contribute to current global debates on migration and displacement; how Islamic ethics of muʾakha, ḍiyāfa, ijāra, amān, jiwār, sutra, kafāla, among others, may provide common ethical grounds for a new paradigm of social and political virtues applicable to all humanity, not only Muslims. The present volume more broadly defines the Islamic tradition to cover not only theology but also to encompass ethics, customs and social norms, as well as modern political, humanitarian and rights discourses. The first section addresses theorizations and conceptualizations using contemporary Islamic examples, mainly in the treatment of asylum-seekers and refugees; the second, contains empirical analyses of contemporary case studies; the third provides historical accounts of Muslim migratory experiences.

Contributors are: Abbas Barzegar, Abdul Jaleel, Dina Taha, Khalid Abou El Fadl, Mettursun Beydulla, Radhika Kanchana, Ray Jureidini, Rebecca Gould, Said Fares Hassan, Sari Hanafi, Tahir Zaman.

NATO Rules of Engagement

On ROE, Self-defence and the Use of Force during Armed Conflict

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Camilla Guldahl Cooper

In NATO Rules of Engagement, Camilla Guldahl Cooper offers clarity on a topic prone to confusion and misunderstanding. NATO rules of engagement (ROE) are of considerable political, strategic and operational importance, yet many of its concepts lack clarity. The resulting ambiguity may be detrimental for people involved and for mission accomplishment.

Through a thorough analysis of the concept, purpose, development and use of NATO ROE, Cooper contributes to improved understanding and implementation of NATO ROE. The book covers all use of force categories and relevant law relating to the use of force during armed conflicts, including the complex concepts of hostile act and hostile intent, direct participation in hostilities, and the increasing reliance on self-defence during armed conflict.

Pauline Maillet

In Nowhere Countries: Exclusion of Non-citizens from Rights through Extra-territoriality at Home, Pauline Maillet offers a new theoretical framework to understand the mechanisms by which non-citizens are excluded from the rights attached to sovereign territory when arriving at states’ borders.
Initiated in Charles de Gaulle airport, the analysis encompasses similar cases in countries other than France. This multidisciplinary study traces how some liberal democracies create spaces construed as extra-territorial on their own soil to circumvent obligations owed to sea or airborne asylum seekers under the Refugee Convention and its Protocol. How do states make their territory vanish to prevent asylum seekers’ arrival? Using a combination of legal analysis and ethnography, this book identifies the legal techniques, enforcement practices and mental landscapes that have sustained nowhere countries.