Browse results

You are looking at 1 - 10 of 16,902 items for :

  • Human Rights and Humanitarian Law x
Clear All
This volume of Annotated Legal Documents on Islam in Europe covers Denmark and consists of an annotated collection of legal documents affecting the status of Islam and Muslims. The legal texts are published in the original Danish language while the annotations and supporting material are in English. By legal documents are meant the texts of legislation, including relevant secondary legislation, as well as significant court decisions. Each legal text is preceded by an introduction describing the historical, political and legal circumstances of its adoption, plus a short paragraph summarising its content. The focus of the collection is on the religious dimensions of being Muslim in Europe, i.e. on individuals' access to practise their religious obligations and on the ability to organise and manifest their religious life.
Editors: Boris Barth and Rolf Hobson
Histories of Claims and Conflict in a Kenyan Landscape
Pastoralists, ranchers of European descent, conservationists, smallholders, and land investors with political influence converge on the Laikipia plateau in Kenya. Land is claimed by all - the tactics differ. Private property rights are presented, histories of presence are told, charges of immorality are applied, fences are electrified and some resort to violence. The region, marked by enclosures, is left as a tense fragmented frontier.
Marie Gravesen embedded herself in the region prior to a wave of land invasions that swept the plateau leading up to Kenya’s 2017 general election. Through a rich telling of the history of Laikipia’s social, political and environmental dynamics, she invites a deeper understanding of the pre-election violence and general tensions as never done before.
In The Shipmaster's Duty to Render Assistance at Sea under Internationl Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.
A How-to Manual in Eight Essays
Author: Brien Hallett
Wishing to be helpful, Nurturing the Imperial Presidency by Brien Hallett illuminates the 5,000-year-old invariant practice of executive war-making. Why has the nation's war leader always decided and declared war?

Substituting a speech act approach for the traditional "separation of powers" approach, Hallett argues that he who controls the drafting of the declaration of war also controls the decision to go to war.

Since legislated "authorization to use force" are based upon "a collective judgement and agreement" between executive and legislative branches, such legislative vetoes in no way hinder executive control of either the drafting of the declaration or the decision. Innovative ways to deny the executive its ability to draft the declaration and, hence, to decide are proposed.
Smart Technologies and Fundamental Rights covers a broad range of vital topics that highlight the ethical, socio-political, and legal challenges as well as technical issues of AI with respect to fundamental rights. Either humanity will greatly profit from the use of AI in almost all domains in human life that may eventually lead to a much better and more humane society. Or, it could be the case that people may misuse AI for idiosyncratic purposes as well as intelligent machines may turn against human beings. Therefore, we should be extremely cautious with respect to the technological development of AI because we might not be able to control the machines once they reached a certain level of sophistication.

Abstract

Self-determination for Aboriginal people in Australia has been a long sought after yet difficult objective to reach. The recently concluded Noongar Settlement in the state of Western Australia opens new opportunities and could potentially set a new benchmark for non-territorial autonomy and self-government for an Aboriginal community. The Noongar Settlement exceeds the more traditional settlements of a native title claim since it provides elaborate institutions for self-government albeit by way of private bodies corporate. The bodies corporate for the Noongar people would enable them to make and administer decisions; offer services; undertake management of public conservation areas; and advocate for the best interests of their community. This privatised form of self-government may not only provide new impetus to other land claim processes in Australia, it may also address the often-heard demands from Aboriginal people for a treaty to be entered into between themselves and the government of Australia.

In: International Journal on Minority and Group Rights

Abstract

Immigrants in the United States of America (usa) face challenges regarding the utilisation of healthcare services. Issues include difficulty to access healthcare services. Qualitative descriptive phenomenological design was used in the analysis. Data were collected using a semi-structured interview format with eight conveniently selected Eritrean immigrants living in Indianapolis. Data were analysed using Interpretive Phenomenological Analysis Framework for data analysis. The findings indicate that the cultural beliefs, socioeconomic status, immigration status of Eritrean emigrants and the policies related to financing healthcare services for migrants in Indianapolis have a huge impact on determining the utilisation of healthcare services by Eritrean immigrants in Indianapolis. It is concluded that there is limited access by Eritrean immigrants in Indianapolis to healthcare services. There is a need for policy revision regarding the financing of healthcare services for immigrants and the provision of services to improve access and accommodate cultural diversity.

In: International Journal on Minority and Group Rights

Abstract

Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resources beyond the case of indigenous peoples’ rights. It argues that undrop contains key and mutually reinforcing elements of the human rights and collective action approaches to the governance of land and natural resources, and therefore has the potential to ensure the social and environmental ‘viability’ of the commons.

In: International Journal on Minority and Group Rights

Abstract

Hindu women’s limited right to inheritance in Bangladesh is a story of state-sponsored deprivation; a frustrating legacy of the political authority’s systematic indifference and failure in protecting minority women’s right to property for nearly half a century. Bangladesh, from its early decades, has experienced the resurgence of religion as one of the driving factors behind gender and minority-sensitive policy formulation and implementation. Under the veil of constitutional secularism, religion has become one of the most pervasive tools in the hands of the political authorities for methodical marginalisation of religious minority groups especially of Hindu community. Consequently, Bangladesh has failed to move forward with appropriate legislative measures for improving the present status of Hindu women’s right to property. This article argues that the underlying reasons behind such failure is intrinsically intertwined with power-centric electoral politics rather than normative socio-religious practices.

In: International Journal on Minority and Group Rights