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Guofu Liu

Studying and 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 on the basic legal theories and practical issues involved for China to process refugee matters and to make refugee law, and envisions the law’s future development. It provides the necessary detail, insight and background information for a thorough understanding of this complex system. The book has been written on the basis of Chinese statutes while also including coverage of the relevant international instruments. The work draws on and compares Chinese and English language sources, making it an invaluable resource for both Chinese and non-Chinese readers alike.

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.

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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Mary McAleese

In the first study of its kind Mary McAleese subjects to comprehensive scrutiny the Roman Catholic Church’s 1983 Code of Canon law as it applies to children. The Catholic Church is the world’s largest non-governmental organisation involved in the provision of education and care services to children. It has over three hundred million children child members world-wide the vast majority of whom became Church members when they were baptised as infants. Canon law sets out their rights and obligations as members. Children also have rights which are set out in the 1989 United Nations Convention on the Rights of the Child to which the Holy See is State Party. The impact of the Convention on Canon Law is examined in detail and the analysis charts a distinct and worrying sea-change in the attitude of the Holy See to its obligations under the Convention since the clerical sex abuse scandals became a subject of discussion at the Committee on the Rights of the Child, which monitors implementation of the Convention.

Edited by Donald R. Rothwell, Matthew Zagor and Imogen Saunders

Launched in 1965, the Australian Year Book of International Law (AYBIL) is Australia’s longest standing and most prestigious dedicated international law publication.
The Year Book aims to uniquely combine scholarly commentary with contributions from Australian government officials. Each volume contains a mix of scholarly articles, invited lectures, book reviews, notes of decisions by Australian and international courts, recent legislation, and collected Australian international law state practice.
It is a valuable resource for those working in the field of international law, including government officials, international organisation officials, non-government and community organisations, legal practitioners, academics and other researchers, as well as students studying international law, international relations, human rights and international affairs.
It focuses on Australian practice in international law and general international law, across a broad range of sub-fields including human rights, environmental law and legal theory, which are of interest to international lawyers worldwide. Volume 36 features an Agora on the 2018 Timor Sea Treaty and Conciliation between Australia and Timor Leste.

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Edited by Lon Olson and Stuart Molloy

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 Koivulahti, Toni Koivulahti, Diana Medlicott, Stuart Molloy, Lon Olson, Martin Previsic, David Senesh and Hedi Viterbo.

Judicial Cosmopolitanism

The Use of Foreign Law in Contemporary Constitutional Systems

Edited by Giuseppe Franco Ferrari

Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

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Edited by Olgun Akbulut and Elçin Aktoprak

This volume, Minority Self-Government in Europe and the Middle East: From Theory to Practice, is novel from several perspectives. It combines theory with facts on the ground, going beyond legal perspectives without neglecting existing laws and their implementation. Theoretical discussions transcend examining existing autonomy models in certain regions. It offers new models in the field, discussing such critical themes as environmentalism. Traditional concepts such as self-determination and well-known successful autonomy examples, including the Åland Islands, Basque and Catalonian models, are examined from different perspectives. Some chapters in this volume focus on certain regions (including Turkey, Syria, and Iraq) which have only recently received scholarly attention. Chapters complement one another in terms of their theoretical inputs and outputs from the field.

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.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Access, Benefit-sharing and Conservation in Indigenous Lands

Series:

Federica Cittadino