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Linzhu Wang

In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.
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Segregation of Roma Children in Education

Addressing Structural Discrimination trough the Framework Convention for the Protection of National Minorities and the Racial Equality Directive 2000/43/EC

Sina Van den Bogaert

In Segregation of Roma Children in Education, Sina van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe. The fields of application ratione personae and ratione materiae of both instruments are discussed, as well as their "added value". Sina van den Bogaert demonstrates that the Framework Convention and the Racial Equality Directive are complementary instruments and formulates useful suggestions for a more effective monitoring and implementation of both instruments in the field of Roma education.This book is the first and only comprehensive scholarly treatment in public international law of the still widespread phenomenon of segregation of Roma children in education.
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The Right to Development and Sustainable Development

The Perspective of the 2030 Agenda for Sustainable Development

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In The Right to Development and Sustainable Development authors offer a new path for the implementation and protection of the right to development from the new perspective of the 2030 Agenda for Sustainable Development.
Instead of excessive emphasis on the economic perspective, this book focuses on how to realize the right to sustainable development by resolution of conflicts among economy, environment and society.
Integrating the value analysis into the empirical analysis method, this book expands the scope of the United Nations Declaration on the Right to Development and strengthens its practical function, extracts Chinese experiences, lessons from South Asia, Local knowledge in South Africa and practice model in Peru on the implementation of the right to development, and put forward the idea of building a version of human rights criterion in the South.
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Caleb Henry Wheeler

In The Right to Be Present at Trial in International Criminal Law Caleb Henry Wheeler analyses what it means for the accused to be present during international criminal trials and how that meaning has changed. This book also examines the impact that absence from trial can have on the fair trial rights of the accused and whether those rights can be upheld outside of the accused’s presence. Using primary and secondary sources, Caleb Wheeler has identified four different categories of absence and how each affects the right to be present. This permits a more nuanced understanding of how the right to be present is understood in international criminal law and how it may develop in the future.
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Regaining Paradise Lost: Indigenous Land Rights and Tourism

Using the UNGPs on Business and Human Rights in Mainstreaming Indigenous Land Rights in the Tourism Industry

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Mary Kristerie A. Baleva

Mary Kristerie A. Baleva’s M Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to analyze the intersections of indigenous land rights and the tourism industry. Drawing from treatises, treaties, and case law, it traces the development of indigenous rights discourse from the Age of Discovery to the adoption of the UN Declaration on the Rights of Indigenous Peoples. The book highlights the Philippines, home to a rich diversity of indigenous peoples, and a country that considers tourism as an important contributor to economic development. It chronicles the Ati Community’s 15-year struggle for recognition of their ancestral domains in Boracay Island, the region’s premiere beach destination.
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Aistė Mickonytė

In this book Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure involves a criminal, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.
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The Portuguese Slave Trade in Early Modern Japan

Merchants, Jesuits and Japanese, Chinese, and Korean Slaves

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Lúcio De Sousa

In The Portuguese Slave Trade in Early Modern Japan: Merchants, Jesuits and Japanese, Chinese, and Korean Slaves Lucio de Sousa offers a study on the system of traffic of Japanese, Chinese, and Korean slaves from Japan, using the Portuguese mercantile networks; reconstructs the Japanese communities in the Habsburg Empire; and analyses the impact of the Japanese slave trade on the Iberian legislation produced in the 16th and first half of the 17th centuries.
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Many judgments regarding what is good or bad, possible or impossible, rely upon unspoken assumptions or frameworks which are used to view and evaluate events and actions. Philosophers uncover these hidden aspects of thoughts and judgments, scrutinizing them for soundness, validity, and fairness. These assumptions and frameworks permeate the topics of violence, nonviolence, war, conflict, and reconciliation; and these assumptions influence how we address these problems and issues. The papers in this volume explore what kind of assumptions and frameworks would be needed in order for people to see nonviolence as a sensible approach to contemporary problems. Topics include conceptions of positive peace, nonviolence and international structures, and perspectives on peace education. Contributors are Elizabeth N. Agnew, Andrew Fitz-Gibbon, William C. Gay, Ronald J. Glossop, Ian M. Harris, John Kultgen, Joseph C. Kunkel, Douglas Lewis, Danielle Poe and Harry van der Linden.
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Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.
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The International Protection Alternative in Refugee Law

Treaty Basis and Scope of Application under the 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol

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Jessica Leigh Schultz

Under what circumstances can a state refuse refugee status to a person whose risk of persecution exists in only part of her country of origin? In this book, Jessica Schultz examines the treaty basis and criteria for the ‘internal protection alternative’ (IPA), a commonly invoked limit on the right to refugee status. She finds that the scope for applying the IPA under the Refugee Convention is narrower than is usually conceived in contemporary state practice and legal theory.