Fully updated and covering the new challenges and dangers which have emerged since publication of the previous edition, the new 3rd Edition of
International Law for Humankind builds on the revised and adapted text of a General Course on Public International Law delivered by the Author at The Hague Academy of International Law. Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind.
Reparations for Victims of Genocide, War Crimes and Crimes Against Humanity: Systems in Place and Systems in the Making provides a rich tapestry of practice in the complex and evolving field of reparations, which cuts across law, politics, psychology and victimology, among other disciplines.
Ferstman and Goetz bring their long experiences with international organizations and civil society groups to bear. This second edition, which comes a decade after the first, contains updated information and many new chapters and reflections from key experts. It considers the challenges for victims to pursue reparations, looking from multiple angles at the Holocaust restitution movement and more recent cases in Europe, Asia, Africa, and the Americas. It also highlights the evolving practice of international courts and tribunals.
First published in a hardbound edition, this second, fully revised and updated edition, is now available in paperback.
Re-Situating Utopia Matthew Nicholson argues that international law and international legal theory are dominated by a ‘blueprint’ utopianism that presents international law as the means of achieving a better global future. Contesting the dominance of this blueprintism, Nicholson argues that this approach makes international law into what philosopher Louis Marin describes as a “degenerate utopia” – a fantastical means of trapping thought and practice within contemporary social and political conditions, blocking any possibility that those conditions might be transcended. As an alternative, Nicholson argues for an iconoclastic international legal utopianism – Utopia not as a ‘blueprint’ for a better future, operating within the confines of existing social and political reality, but as a means of seeking to negate and exit from that reality – as the only way to maintain the idea that international law offers a path towards a truly better future.
Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.
This volume offers diverse insights on how the practice of torture has impacted society and how we view human nature. After the Second World War, it was hoped that torture had been permanently vanquished among modern liberal states, and was only practiced by brutal totalitarian regimes. However, events after 9/11 revealed that the re-emergence of torture is an ever-present threat, even among leading democracies. Drawing from their knowledge of the humanities and social sciences, the contributors offer their expertise on the deleterious effects of torture and reveal that its trauma is interwoven into the fabric of modern society, requiring constant diligence to be rooted out and kept at bay. Contributors are William Fitzhugh Brundage, Federico Ciavattone, Noora Virjamo, Toni Koivulahti, Diana Medlicott, Stuart Molloy, Lon Olson, Martin Previsic, David Senesh and Hedi Viterbo.
Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.
Empirical Research and Workplace Discrimination Law, part of the series
Comparative Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law, across jurisdictions such as the United States of America, the United Kingdom, Canada, Australia and New Zealand. Drawing on case studies of existing scholarship, Alysia Blackham offers both a rationale for conducting empirical research in this area, and methodological options for researchers considering empirical work. Using examples from case law and public policy, Alysia Blackham considers the impact that empirical research is having on discrimination law and policy, and highlights fundamental gaps in existing empirical scholarship.
Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks,
Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses,
Mpoki Mwakagali; isbn 9789004345461
- Age as a Protected Ground,
Lucy Vickers; isbn 9789004345539
- Sexual Orientation and Gender Identity Discrimination,
Holning Lau; isbn 9789004345485
- Racial Discrimination,
Tanya Katerí Hernández; isbn 9789004345942
The book provides one of the first accounts of AML/CFT legislation in Australia, sets the international policy context, and outlines key international legal obligations. To minimise the negative impact on personal freedoms, it proposes a reading of Australian provisions in line with international caselaw. Expanding her analysis on the international level, the author offers an appraisal of the measures taken, both in terms of criminal policy and cost for civil society. She argues that the development of soft law and the increased powers given to law enforcement agencies, which sub-contract surveillance to the private sector, further erode the legitimacy of State action and the rule of law, and ultimately the democracy the laws were meant to protect.
Children and the Responsibility to Protect, Bina D’Costa and Luke Glanville bring together more than a dozen academics and practitioners from around the world to examine the intersections of the Responsibility to Protect (R2P) principle and the theory and practice of child protection. Contributors consider themes including how the agency and vulnerability of children is represented and how their voices are heard in discussions of R2P and child protection, and the merits of drawing together the R2P and Children and Armed Conflict (CAAC) agendas, as well as case studies of children’s lives in conflict zones, child soldiers, and children born of conflict-related sexual violence.
This collection of essays was first published in the journal
Global Responsibility to Protect (vol.10/1-2, 2018) as a special issue.
Contributors are: J. Marshall Beier, Letícia Carvalho, Bina D’Costa, Myriam Denov, Luke Glanville, Michelle Godwin, Erin Goheen Glanville, Cecilia Jacob, Dustin Johnson, Atim Angela Lakor, Katrina Lee-Koo, Ryoko Nakano, Jochen Prantl, Jeremy Shusterman, Hannah Sparwasser Soroka, Timea Spitka, Jana Tabak, Shelly Whitman.
On the occasion of the centenary of the International Labour Organization (ILO), this 11th special issue of
International Development Policy explores the Organization's capacity for action, its effectiveness and its ability to adapt and innovate. The collection of thirteen articles, written by authors from around the world, covers three broad areas: the ILO’s historic context and contemporary challenges; approaches and results in relation to labour and social protection; and the changes shaping the future of work. The articles highlight the progress and gaps to date, as well as the context and constraints faced by the ILO in its efforts to respond to the new dilemmas and challenges of the fourth industrial revolution, with regard to labour and social protection.
Contributors are Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Zrampieu Sarah Ba, Stefano Bellucci, Thomas Biersteker, Filipe Calvão, Gilles Carbonnier, Nancy Coulson, Antonio Donini, Christophe Gironde, Karl Hanson, Mavis Hermanus, Velibor Jakovleski, Scott Jerbi, Sandrine Kott, Marieke Louis, Elvire Mendo, Eric Otenyo, Agnès Parent-Thirion, Sizwe Phakathi, Paul Stewart, Kaveri Thara, Edward van Daalen, Kees van der Ree, Patricia Vendramin, Christine Verschuur.