Browse results

Amelia Alva-Arévalo

This article discusses how the magistrates of the Constitutional Tribunal of Peru have interpreted the right to prior consultation and examines whether and/or to what extent these magistrates have been consistent with the case-law of the Inter-American Court of Human Rights (IACtHR). Taking into account that the jurisprudence of the Constitutional Tribunal has provided the first guidelines on how to legislate and how to conduct the prior consultation processes in Peru, this analysis is relevant to determine if these guidelines have been elaborated according to the IACtHR’s standards.

Series:

Edited by European Centre for Minority Issues, The European Academy Bozen/Bolzano, Abo Akademi University, Babes-Blolyai University, Hungarian Academy of Science and University of Glasgow

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in the 2018 volume, this section contains two articles: one discussing the issue of rising nationalism in politics across Europe and its effect on the understanding of democracy, while the second article engages with the Minority SafePack Initiative and its development from the beginning of the campaign until early 2019.
Part II contains reports on national and international developments.
Part III features book reviews introducing and critiquing new, relevant literature within the disciplines of the social sciences, humanities and law.

Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

The European Yearbook of Minority Issues is also available online.

Series:

Edited by Wolfgang Benedek, Tadesse Kassa Woldetsadik and Tesfaye Abate Abebe

This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopia addresses key themes of contemporary interest focused on identifying the gaps between Ethiopia’s human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian – the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia – while the country is absorbed in legal and political reforms.

The Law of the Seabed

Access, Uses, and Protection of Seabed Resources

Series:

Edited by Catherine Banet

The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.

Preventing Identity Crime: Identity Theft and Identity Fraud

An Identity Crime Model and Legislative Analysis with Recommendations for Preventing Identity Crime

Syed R. Ahmed

Identity crime, which encompasses both identity theft and identity fraud, is one of the fastest growing crimes around the world, yet it lacks its own identity: there is no universally accepted definition, little understanding of what the crime is or should be, and no legal framework placing the crime into a coherent and effective grouping of criminal sanctions. In this book, Dr. Syed Ahmed addresses and proposes solutions for resolving these issues and tackles head-on the various facets of what is needed to deal with Identity Crime. A comprehensive and an exhaustive study of different types of Identity Crime is conducted and practical recommendations for preventing and minimizing the impact of identity crime is presented for all to consider.

Reparations for Victims of Genocide, War Crimes and Crimes against Humanity

Systems in Place and Systems in the Making. Second Revised Edition

Edited by Carla Ferstman and Mariana Goetz

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.

Securitising Asylum Flows

Deflection, Criminalisation and Challenges for Human Rights

Series:

Edited by Valsamis Mitsilegas, Violeta Moreno-Lax and Niovi Vavoula

Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.

Broadcasters’ Right in the Digital Era

Copyright Concerns on Live Streaming

M. Sakthivel

In Broadcasters’ Rights in the Digital Era, Sakthivel provides a cogent understanding into a hitherto unchartered territory on the applicability of copyright law on the live streaming of 'entertainment content'- an emerging medium of communication.
The book examines in exhaustive breadth the scope of broadcasters' neighbouring rights under the copyright regime in the light of technological advancements vis-à-vis authors' right and explores the experiences of EU & USA and then suggests suitable changes to the Indian Copyright regime. Sakthivel employs technological analysis and existence of differential market for different mediums to substantiate the relationship of live streaming and the copyright regime.