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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.
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.
Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism. It is an intuitive toolkit to map contemporary humanitarianism and to explore its current and future articulations. The dictionary serves a broad readership of practitioners, students, and researchers by providing informed access to the extensive humanitarian vocabulary.
A Multidisciplinary and Multi-Sited Study on the Role of Religious Belongings in Migratory and Integration Processes
Editor: Laura Zanfrini
Despite the worldwide dramatic spread of religious-based discriminations, persecutions, and conflicts, both official data and academic literature have underestimated their role as a root cause of contemporary migrations. This multidisciplinary study aims to overcome this gap.
Through an unprecedented collection of theoretical analysis and original empirical evidence, the book provides unique data and insights on the role of religion in the trajectories of asylum seekers and migrants – from the analysis of the religious geography of sending countries to the role of spirituality as a factor of resilience and adaptation.
By enhancing both academic and political debate on these issues, the book offers the possibility of regaining awareness of the close link between religious freedom and the quality of democracy.

Contributors include: Paolo Gomarasca, Monica Martinelli, Monica Spatti, Andrea Santini, Andrea Plebani, Paolo Maggiolini, Riccardo Redaelli, Alessia Melcangi, Giancarlo Rovati, Annavittoria Sarli, Giulia Mezzetti, Lucia Boccacin, Linda Lombi, Donatella Bramanti, Stefania Meda, Giovanna Rossi, Beatrice Nicolini, Cristina Giuliani, Camillo Regalia, Giovanni Giulio Valtolina, Paola Baracchetti, Maddalena Colombo, Rosangela Lodigiani, Mariagrazia Santagati, Fabio Baggio, Vera Lomazzi, Paolo Bonetti, Laura Zanfrini, Mario Antonelli, Luca Bressan, Alessandro Bergamaschi, Catherine Blaya, Núria Llevot-Calvet, Olga Bernad-Cavero, and Jordi Garreta-Bochaca.

The toleration of religious minorities is changing in the Netherlands. In this paper we analyze three recent developments in Dutch society that are important for understanding the way the Dutch regime of religious tolerance is adjusting to 21st century circumstances. The first one concerns the growing homogenization of Dutch society and the emergence of a secular and liberal majority. The second is the dominance in policy and public debate of a “Protestant” conception of what religion amounts to. The third development is the fragmentation of religion and its simultaneous combination into new networks and groups made possible by new information and communication technologies. These developments pose challenges to constitutional rights and principles. There are no simple solutions to these challenges, but the Dutch tradition of consociationalism, as a liberal tradition in its own right, may provide some valuable perspectives.

In: Journal of Law, Religion and State
Authors: Janosch Prinz and Enzo Rossi

In this paper, we put forward a realist account of the problem of accommodation of conflicting claims over sacred places. Our argument takes its cue from the empirical finding that modern, Western-style states necessarily mould religion into shapes that are compatible with state rule. At least in the context of modern states, there is no pre-political morality of religious freedom that states ought to follow when adjudicating claims over sacred spaces. Liberal normative theory on religious accommodation which starts from the assumption of a pre-political morality of religious freedom is therefore of limited value. As an alternative, we suggest that the question of contested sacred places should be settled with reference to the purposes of the state, at least as long as one is committed to the existence of modern states. If one finds the treatment of religion by the state unsatisfactory, our argument provides a pro tanto reason for seeking alternative forms of political organization.

In: Journal of Law, Religion and State

Abstract

This article constitutes a summary of the findings of an inquiry into the utilization of the restriction clause of freedom of religion or belief in the course of restriction of this right in Turkey. It demonstrates that FoRB is restricted in various ways by public authorities which rarely involve a systematic application of the FoRB restriction clause. Despite Turkey’s human rights obligations in the area of freedom of religion or belief and the high status conferred to international human rights law under Article 90 of the Turkish Constitution the impact of international provisions on the protection of FoRB in Turkey remains insufficient and inconsistent. The right to freedom of religion or belief has been restricted through measures based on “established practice”, decisions of public authorities based on laws and regulations not directly dealing with this right and court decisions that are not in full compliance with international law.

In: Religion & Human Rights

Abstract

The Human Rights Committee—the treaty body established under the International Covenant on Civil and Political Rights—performs a vital function in supervising the Covenant’s implementation. This article presents an analytical account of the Committee’s approach to determining the permissibility of limitations on the freedom of religion or belief under the Covenant. It finds that the Committee has set out certain primary legal criteria when determining the permissibility of a limitation. The Committee has then articulated certain additional normative constraints that apply to states’ authority to limit rights—such as the requirement that the limitation be compatible with the principle of non-discrimination. Based on an analysis of the Committee’s general comments and jurisprudence, the author argues that the Committee has offered a path towards imposing on states a heavier burden to justify limitations on the freedom of religion or belief.

In: Religion & Human Rights
In: Religion & Human Rights