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This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law. Each chapter deals with the case law on one specific ECHR article. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens’ rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens.
History, lex lata and Developments de lege ferenda
Author: Kathrin Strobel
This book presents the first comprehensive study of international criminal jurisdiction over organized crime. Taking into account a broad range of profit-generating crimes, including human trafficking, migrant smuggling, drug trafficking, and illicit trade in arms and ammunition, Strobel draws a concise picture of who can be prosecuted for what under which circumstances by analysing the current legal framework as defined by the Rome Statute, and by discussing future developments that could further facilitate such prosecutions.
Whereas international criminal law in the strict sense has long been considered not to apply to organized crime, Strobel convincingly demonstrates that international criminal prosecutions hold underexploited potential to bring leaders of cartels and trafficking rings to justice.
Editor: Dire Tladi
Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens.
Developing a Contextualized Approach to Address Recurring Problems in the Context of Facts and Evidence
Author: Torsten Stirner
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
An International Human Rights Analysis
This book investigates the dynamics between international incitement prohibitions and international standards on freedom of religious speech, with a special focus on the potential incitement prohibitions for the protection of the rights of LGBT+ people. To that end, the book seeks to determine if and to what extent sexual orientation and gender identity are protected grounds under international anti-incitement law. Building on that analysis, the book also delves deeper into the particularly controversial and complex issue of religiously-motivated speech against LGBT+ people, a phenomenon engaging both religious speech rights and equality and other rights of LGBT+ people. Drawing on recent international law benchmarking in the area of incitement and complementing this with extensive comparative legal analysis, best practice lessons are presented on how to calibrate free religious expression and the protection of LGBT rights in the pluralist state. Among other findings, the present research rejects a sweeping a priori trump in the form of a ‘scripture defence’ against incitement charges, but rather recommends a context-based risk assessment of speech acts potentially affecting the rights of LGBT+ people.
Author: Nathalie Rébé
In Artificial Intelligence: Robot Law, Policy and Ethics, Dr. Nathalie Rébé discusses the legal and contemporary issues in relation to creating conscious robots. She argues that AI’s physical and decision-making capacities to act on its own means having to grant it a juridical personality.
The advancement in new technologies forces us to reconsider the role Artificial Intelligence (AI) will have in our society. Sectors such as education, transportation, jobs, sex, business, the military, medical and security will be particularly affected by the development of AI.
This work provides an analysis of cases and existing regulatory tools, which could be used by lawyers in future trials. Dr. Rébé also offers a new comprehensive framework to regulate Strong AI so that ‘it’ can safely live among humans.
This book is a response to two questions: first, should we ban or prohibit AI; and, secondly, if not, what should be the salient features of a legal or regulatory framework for AI?
Volume IV: Prosecutor v. Sesay, Kallon and Gbao (The RUF Case) (Set of 3)
The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. It has tried various persons, including former Liberian President Charles Ghankay Taylor, for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. It completed its work in December 2013. A new Residual Special Court for Sierra Leone, based in Freetown and with offices in The Hague, has been created to carry out its essential “residual” functions.
This volume, which consists of three books and a CD-ROM and is edited by two legal experts on the Sierra Leone Court, completes the set of edited Law Reports started in 2012. Together, the Law Reports fill the gap of a single and authoritative reference source of the tribunal’s jurisprudence. The law reports are intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions, and anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone.

N.B.: The hardback copy of this title contains a CD-ROM with the decisions that are reproduced in the book and the trial transcripts.
The e-book version does not.
Author: Ilse Verdiesen
The deployment of Autonomous Weapons gives rise to ongoing debate in society and at the United Nations, in the context of the Convention on Certain Conventional Weapons. Yet little empirical research has been done on this topic. This volume fills that gap by offering an empirical study based on military personnel and civilians working at the Dutch Ministry of Defence. It yields insight into how Autonomous Weapons are perceived by the military and general public; and which moral values are considered important in relation to their deployment. The research approach used is the Value-Sensitive Design (VSD) method that allows for the consideration of human values throughout the design process of technology. The outcome indicates that military personnel and civilians attribute more agency (the capacity to think and plan) to an Autonomous Weapon than to a Human Operated Drone. In addition, it is clear that common ground exists between military and societal groups in their perception of the values of human dignity and anxiety. These two values arise often in the discourse, and addressing them is essential when considering the ethics of the deployment of Autonomous Weapons. The text of this volume is also offered in parallel French and German translation.
Volume Editors: Natalie Khazaal and Núria Almiron
The contributors of Like an Animal challenge most fundamental concepts in the fields of racism, dehumanization, borders, displacement, and refugees that rest on the assumption of humanism. They show how we can bend the arc of the moral universe toward justice at the border. The goal of this interdisciplinary collection is twofold. First, to invite border/migration studies to consider a broader social justice perspective that includes nonhuman animals. Second, to start a discussion if nonhumans maybe refugees of a kind and how humans can address nonhumans’ interests and needs from the perspective of addressing refugee issues. As capitalism and the climate crisis are taking a catastrophic toll on the planet, this timely volume exposes the alternative origins of violence that lie at the heart of the planet’s destruction.