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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.

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Nesrine Badawi

In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a ‘true’ interpretation of the rules of regulation armed conflict in Islam. In a survey of formative and modern seminal legal works on the subject, the author offers a detailed examination of the internal deductive structures of those key juristic works on the subject and elaborates on different methodological inconsistencies in them to shed light on the role played by the socio-political context in the development of Islamic jurisprudence.

Edited by Frauke Lachenmann and Rüdiger Wolfrum

The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyses achievements with regard to fulfilling the main objectives of the UN. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.

The Asian Yearbook of Human Rights and Humanitarian Law

Volume 3, 2019, Law, Gender and Sexuality

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Edited by Javaid Rehman, Ayesha Shahid and Steve Foster

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

The focused theme of Volume 3 is Law, Gender and Sexuality.

Cultural Heritage in the European Union

A Critical Inquiry into Law and Policy

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Edited by Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.

The Right to Appeal in International Criminal Law

Human Rights Benchmarks, Practice and Appraisal

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Drazan Djukić

In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas.
Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.

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Andrzej Jakubowski

Abstract

This chapter critically investigates the dialectics between the concept of Europe’s common heritage and the Member States’ national heritages within the EU constitutional legal framework. The analysis is twofold. First, the chapter explores to what extent constitutional regulations of the EU Member States in relation to cultural heritage may be perceived as those truly forming EU constitutional principles, derived from common constitutional traditions of its members. Secondly, it analyses the evolving notion of cultural heritage within the EU primary law, constantly (re)interpreted in the EU policy documents in light of global developments in the field of cultural heritage governance. Accordingly, this chapter attempts to understand whether and to what extent the concept of Europe’s common cultural heritage, under EU law, goes beyond the sum of Member States’ heritages and their internal cultural policies and regulations which those states reciprocally protect and enforce through the EU legal instrumentarium and mechanisms. In other words, it discusses whether the EU constitutes just a platform to enhance, enforce and reconcile individual cultural heritage interests of its members, or perhaps it is already an organisation that has developed its own constitutional cultural heritage principles, common or collective in nature.

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Cynthia Scott

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This chapter explores invocations of notions of a shared, common or European heritage by the European Community in the 1970s and 1980s, as policy makers attempted to identify and make known a European identity that would support the integration process. While much of the scholarship on the history of European identity-building has focused on the increasing involvement of the EC in the cultural sector despite the lacking explicit competence, the problematic issues of defining a truly shared European identity, or the relative (in)consistency of emphasis over the years on conceptions of European unity, diversity, or unity in diversity, this chapter takes a different tack. By retracing these notions in documents of the European Community it uncovers connections between ideas of heritage, as a source of identity, and the Community’s internal and external mobilisations that began drawing it into the emerging international system of heritage preservation governance. Drawing on new distinctions being made in critical heritage studies around definitions of cultural diplomacy and heritage diplomacy, the chapter argues that more than stealthily gaining competence in the cultural sector alone, the EC began laying the groundwork for a heritage diplomacy both in, and by, the European Union that would take off in 1992.

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Evangelia Psychogiopoulou

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This chapter explores the place of cultural heritage within the EU, considering the splitting of competences between the Union and the Member States, as well as the variety of EU actions and policies during time. It firstly deals with the way in which cultural heritage is construed at the EU level. Although there is no specific definition of what cultural heritage truly is in the texts of the Treaties, the vagueness of the constitutional texts allows the EU institutions to fill in this notion with rather broad definitions, allowing the EU institutions considerable flexibility when adopting cultural heritage actions and measures. Then, the chapter offers a survey of the EU actions in cultural heritage pre- and after the Treaty of Maastricht, where EU competences in this matter first arose. From this survey, a clear picture of the instrumental uses of cultural heritage by the EU institutions arises: in the period before Maastricht cultural heritage has been exploited with the aim of promoting integration between the Member States. After Maastricht, this instrumental use of culture and cultural heritage has been potentiated and diversified with a view of exploiting the socio-economic benefits of cultural heritage in a large number of policy areas – not confined to culture. Yet, behind this ‘heritagization’ of such an array of EU policies lurks the danger of an ‘instrumental overload’ which could turn out in an incapacity to treat pure cultural heritage matters seriously.

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Edited by Andrzej Jakubowski, Kristin Hausler and Francesca Fiorentini