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Revisiting the Approach under State Responsibility and Individual Criminal Responsibility
This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy-oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Drawing from the practice of State responsibility and individual criminal responsibility-based jurisdictions, this work proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo-centred, heritage-centred and/or tangible-centred.
Revisiting the Approach under State Responsibility and Individual Criminal Responsibility
This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy-oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Drawing from the practice of State responsibility and individual criminal responsibility-based jurisdictions, this work proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo-centred, heritage-centred and/or tangible-centred.
Editor:
Founded in 1993, the African Yearbook, now published under the auspices of the African Foundation for International Law, is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole.
Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.
Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.
Editor:
Founded in 1993, the African Yearbook, now published under the auspices of the African Foundation for International Law, is the only scholarly publication devoted exclusively to the study, development, dissemination and wider appreciation of international law in Africa as a whole.
Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.
Through the study and analysis of emerging legal issues of particular relevance to Africa, such as the creation of viable continental institutions capable of promoting unity and security for the peoples of the continent, the effective protection of human rights, the need for accountability for mass killings and massive violations of the rule of law, the promotion of a rule-based democratic culture, the role of African countries in a globalizing world economy and in international trade relations, the Yearbook strives to be responsive to the intellectual needs of African countries in the area of international law, and to the continuing struggle for creating an environment conducive to the rule of law throughout the continent
Please click here for the online version including the abstracts of the articles of the African Yearbook of International Law.
On the Sale of Children, Child Prostitution and Child Pornography
In this commentary, Sabine Witting provides a comprehensive analysis of the Second Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This commentary critically reflects on the impact of globalisation, digital technologies and the COVID-19 pandemic on the nature, scope and meaning of the Second Optional Protocol since its adoption on 25 May 2000. Apart from analysing a broad range of topics, from online child sexual abuse to surrogacy and ‘voluntourism’, this commentary highlights the importance of establishing child-friendly transnational collaboration mechanisms, conceptualised through a holistic gender lens and taking into consideration the online-offline nexus of violence against children and relevant Global North-Global South dynamics.
On the Sale of Children, Child Prostitution and Child Pornography
In this commentary, Sabine Witting provides a comprehensive analysis of the Second Optional Protocol to the United Nations Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This commentary critically reflects on the impact of globalisation, digital technologies and the COVID-19 pandemic on the nature, scope and meaning of the Second Optional Protocol since its adoption on 25 May 2000. Apart from analysing a broad range of topics, from online child sexual abuse to surrogacy and ‘voluntourism’, this commentary highlights the importance of establishing child-friendly transnational collaboration mechanisms, conceptualised through a holistic gender lens and taking into consideration the online-offline nexus of violence against children and relevant Global North-Global South dynamics.
Citizenship Revocation in the 21st Century: Legal, Political and Moral Implications
Over the past two decades, denationalisation – the controversial practice of revoking citizenship from unwanted citizens – has re-entered Western law and politics with astonishing haste. In this book, Christian Prener traces this remarkable development in the United Kingdom, Denmark, France and the United States and offers a timely and critical examination of the legal, moral, and political acceptability of citizenship revocation in response to acts of misconduct or disloyalty.
Through an exploration of contemporary practices, caselaw and theory, the book distils some of the hard questions posed by the Western revival of denationalisation within international human rights law, moral philosophy and political theory as it probes the lawfulness, efficacy, and political legitimacy of revoking citizenship in the 21st century.
Through an exploration of contemporary practices, caselaw and theory, the book distils some of the hard questions posed by the Western revival of denationalisation within international human rights law, moral philosophy and political theory as it probes the lawfulness, efficacy, and political legitimacy of revoking citizenship in the 21st century.
Citizenship Revocation in the 21st Century: Legal, Political and Moral Implications
Over the past two decades, denationalisation – the controversial practice of revoking citizenship from unwanted citizens – has re-entered Western law and politics with astonishing haste. In this book, Christian Prener traces this remarkable development in the United Kingdom, Denmark, France and the United States and offers a timely and critical examination of the legal, moral, and political acceptability of citizenship revocation in response to acts of misconduct or disloyalty.
Through an exploration of contemporary practices, caselaw and theory, the book distils some of the hard questions posed by the Western revival of denationalisation within international human rights law, moral philosophy and political theory as it probes the lawfulness, efficacy, and political legitimacy of revoking citizenship in the 21st century.
Through an exploration of contemporary practices, caselaw and theory, the book distils some of the hard questions posed by the Western revival of denationalisation within international human rights law, moral philosophy and political theory as it probes the lawfulness, efficacy, and political legitimacy of revoking citizenship in the 21st century.
City and War
This volume addresses key ethical issues and challenges of modern urban warfare through ten chapters written by acclaimed experts from eight different countries and three continents. The foreword to the volume was written by Gen. (ret) Mart de Kruif, while Professor Hugo Slim wrote the Introduction.
In addition to providing the reader with the history of the intricate relationship between city and war, authors offer critical insights into the ethical problems arising from various dimensions of modern urban warfare: conflicting war narratives, imperative of victory, tactical and leadership specificities, use of non-lethal measures, international interventions, in bello peculiarities of urban warfare, introduction of new weapons and technologies, use of war games and simulations in training for urban warfare, and many more.
In addition to providing the reader with the history of the intricate relationship between city and war, authors offer critical insights into the ethical problems arising from various dimensions of modern urban warfare: conflicting war narratives, imperative of victory, tactical and leadership specificities, use of non-lethal measures, international interventions, in bello peculiarities of urban warfare, introduction of new weapons and technologies, use of war games and simulations in training for urban warfare, and many more.
City and War
This volume addresses key ethical issues and challenges of modern urban warfare through ten chapters written by acclaimed experts from eight different countries and three continents. The foreword to the volume was written by Gen. (ret) Mart de Kruif, while Professor Hugo Slim wrote the Introduction.
In addition to providing the reader with the history of the intricate relationship between city and war, authors offer critical insights into the ethical problems arising from various dimensions of modern urban warfare: conflicting war narratives, imperative of victory, tactical and leadership specificities, use of non-lethal measures, international interventions, in bello peculiarities of urban warfare, introduction of new weapons and technologies, use of war games and simulations in training for urban warfare, and many more.
In addition to providing the reader with the history of the intricate relationship between city and war, authors offer critical insights into the ethical problems arising from various dimensions of modern urban warfare: conflicting war narratives, imperative of victory, tactical and leadership specificities, use of non-lethal measures, international interventions, in bello peculiarities of urban warfare, introduction of new weapons and technologies, use of war games and simulations in training for urban warfare, and many more.
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law.
The Handbook has been written largely for practitioners such as lawyers, judges and persons in administrative functions, but will also be invaluable to university teachers and academic researchers. Meticulously compiled, authoritative and practical, it is a must-have resource for anyone concerned with the protection of human rights in Europe.
The author served as a Judge at the Court for nine years, three of them as Section President. He is a retired Professor for International and European Law at the University of Zurich in Switzerland.
With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
The Handbook has been written largely for practitioners such as lawyers, judges and persons in administrative functions, but will also be invaluable to university teachers and academic researchers. Meticulously compiled, authoritative and practical, it is a must-have resource for anyone concerned with the protection of human rights in Europe.
The author served as a Judge at the Court for nine years, three of them as Section President. He is a retired Professor for International and European Law at the University of Zurich in Switzerland.
With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law.
The Handbook has been written largely for practitioners such as lawyers, judges and persons in administrative functions, but will also be invaluable to university teachers and academic researchers. Meticulously compiled, authoritative and practical, it is a must-have resource for anyone concerned with the protection of human rights in Europe.
The author served as a Judge at the Court for nine years, three of them as Section President. He is a retired Professor for International and European Law at the University of Zurich in Switzerland.
With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
The Handbook has been written largely for practitioners such as lawyers, judges and persons in administrative functions, but will also be invaluable to university teachers and academic researchers. Meticulously compiled, authoritative and practical, it is a must-have resource for anyone concerned with the protection of human rights in Europe.
The author served as a Judge at the Court for nine years, three of them as Section President. He is a retired Professor for International and European Law at the University of Zurich in Switzerland.
With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
Indigenous Peoples, Natural Resources and Permanent Sovereignty explores the possibility to conceive a permanent sovereignty over natural resources vested in indigenous peoples rather than in States.
The author examines the conceptualisation and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007.
The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
The author examines the conceptualisation and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007.
The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
Indigenous Peoples, Natural Resources and Permanent Sovereignty explores the possibility to conceive a permanent sovereignty over natural resources vested in indigenous peoples rather than in States.
The author examines the conceptualisation and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007.
The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
The author examines the conceptualisation and content under customary international law of indigenous rights with respect to natural resources, including the impact of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples in 2007.
The book provides a deep and updated analysis on international customs, international and regional conventions and the jurisprudence of regional courts concerning indigenous rights to natural resources, including the most recent developments in domestic jurisprudence and legislation.
Essays in Honour of Adrien-Claude Zoller
This book focuses, for the first time ever, on the protection roles of human rights NGOs since the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights. It also looks at how NGOs are responding to future challenges such as artificial Intelligence, robots in armed conflicts, digital threats, and the protection of human rights in outer space. Written by leading NGO human rights practitioners from different parts of the world, it sheds light on the multiple roles of the leading pillar of the global human rights movement, the Non-Governmental Organizations.
"This is a rich and wonderful production, a great magnum opus that will continue to test the scrutiny of all times"
Professor Theo van Boven, Professor Emeritus Law, University of Maastricht, The Netherlands.
"This is a rich and wonderful production, a great magnum opus that will continue to test the scrutiny of all times"
Professor Theo van Boven, Professor Emeritus Law, University of Maastricht, The Netherlands.
Essays in Honour of Adrien-Claude Zoller
This book focuses, for the first time ever, on the protection roles of human rights NGOs since the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights. It also looks at how NGOs are responding to future challenges such as artificial Intelligence, robots in armed conflicts, digital threats, and the protection of human rights in outer space. Written by leading NGO human rights practitioners from different parts of the world, it sheds light on the multiple roles of the leading pillar of the global human rights movement, the Non-Governmental Organizations.
"This is a rich and wonderful production, a great magnum opus that will continue to test the scrutiny of all times"
Professor Theo van Boven, Professor Emeritus Law, University of Maastricht, The Netherlands.
"This is a rich and wonderful production, a great magnum opus that will continue to test the scrutiny of all times"
Professor Theo van Boven, Professor Emeritus Law, University of Maastricht, The Netherlands.
The book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law.
The book adopts a new approach to self-determination’s international legal history, tracing the ways in which various actors have sought to reinvent self-determination in different juridical, political, and economic iterations to create the conditions for global transformation. The value of the book’s approach lies not only in a more nuanced understanding of self-determination’s legal history, but in excavating the multiple ways in which actors, particularly those from the Global South, have challenged the existing normative and legal structures which rendered them unequal under the European system of international law. Rethinking this process touches on issues that are relevant not only to debates about the enduring legacy of imperialism in our present, but also to contemporary discussions of the position self-determination has come to occupy in international law.
National, Transnational and International Challenges
Globalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe.
In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.
In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.
National, Transnational and International Challenges
Globalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe.
In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.
In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty; the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms; interreligious dialogue and peacebuilding; and, not least, religious education.
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