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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their different scientific background, they demonstrate that despite some progress made under the African Union that superseded the Organisation of African Unity, Africa is still lagging behind in terms of regional integration and South Africa, which benefitted from the rest of the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 Citizenship Experiment

Contesting the Limits of Civic Equality and Participation in the Age of Revolutions

René Koekkoek

The Citizenship Experiment explores the fate of citizenship ideals in the Age of Revolutions. While in the early 1790s citizenship ideals in the Atlantic world converged, the twin shocks of the Haitian Revolution and the French Revolutionary Terror led the American, French, and Dutch publics to abandon the notion of a shared, Atlantic, revolutionary vision of citizenship. Instead, they forged conceptions of citizenship that were limited to national contexts, restricted categories of voters, and ‘advanced’ stages of civilization. Weaving together the convergence and divergence of an Atlantic revolutionary discourse, debates on citizenship, and the intellectual repercussions of the Terror and the Haitian Revolution, Koekkoek offers a fresh perspective on the revolutionary 1790s as a turning point in the history of citizenship.

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

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.

Edited by Md. Jahid Hossain Bhuiyan and Borhan Uddin Khan

The book is designed to provide an overview of the development, meaning, and nature of international humanitarian law (IHL). It presents a critical review of the protection of the injured, sick and shipwrecked, prisoners of war (POWs) and civilians during times of war, the prevention of forcible transfer of civilians, the four Geneva Conventions from a Third World point of view, the ideals of distinction, proportionality and precaution from the point of view of Islamic law and the issues faced in implementing IHL.

This lucidly written and timely book will greatly benefit anyone interested in the protection of victims of armed conflict.