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Berma Goldewijk, Adalid Baspineiro and Paulo Carbonari

This book presents the view that human dignity and human rights need to be brought to the centre of the current debate on globalisation. Indeed, whereas human dignity is the core and the foundation of human rights, it is through the implementation of rights that dignity is protected.

The contributors to this volume belong to different (inter)national networks in the field of human rights. All were present at the World Social Forum in Porto Alegre and all are committed to the implementation of economic, social and cultural rights. Their contributions capture the dynamism and richness of the dialogues. Fundamental and operational issues are taken up, global alternatives and practical recommendations are presented.

Co-publication with Intersentia and the Asser Press

Published under the Transnational Publishers imprint.

Borrowing Court Systems

The Experience of Socialist Vietnam


Penelope Nicholson

This publication is a world first: an English-language history of the Vietnamese court system (1945 to 2005). Drawing on a resurgent interest in comparative law generally and legal culture in particular, the publication tests the usefulness of legal culture to the investigation of dynamic court systems within socialist states. It argues that the Vietnamese 'borrowing'
of the Soviet system of dispute resolution did not reproduce courts Soviet-style in Vietnam. Rather, the reading of Vietnamese courts in context reveals that while the Soviet model of court system was transplanted it was remoulded to assume Vietnamese characteristics. In explaining this divergence, the publication explores why the Vietnamese court system differs from its Soviet parent and analyses the implications of this for the ever-increasing literature on legal transplantation.

Edited by Yuwen Li and Jenny Goldschmidt

Employment discrimination is present in any society. However, this severe social problem has escalated in the post-Mao era in China. The imbalance between supply and demand in the labour market, combined with a lack of general consciousness regarding labour rights, have contributed to the swift spread of discrimination. This book contains the most recent research on the reality of discrimination in China, and advocates for effective employment equality protection through law and specialised equality institutions. The study of equal treatment in the legal systems of the EU illustrates the important contribution law, together with general policies, can make to the improvement of equality in employment. While both systems face a distinctive range and degree of problems, employment discrimination ought to be taken seriously in China and the countries of the EU.

East Asia’s Renewed Respect for the Rule of Law in the 21st Century

The Future of Legal and Judicial Landscapes in East Asia


Edited by Setsuo Miyazawa, Weidong Ji, Hiroshi Fukurai, Kay-Wah Chan and Matthias Vanhullebusch

This volume showcases the most recent research on the future of the legal and judicial landscape in East Asia and its renewed respect for the rule of law in the 21st century. The book features research on emerging judicial stratifications in the legal profession; war crimes and their legacies in the post-colonial era; citizens' participation in the justice system; gender, law, legal culture and profession as well as environmental justice.

For the Sake of Present and Future Generations

Essays on International Law, Crime and Justice in Honour of Roger S. Clark

Edited by Suzannah Linton, Gerry Simpson and William A. Schabas

Professor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’


Edited by M. Cherif Bassiouni

This comprehensive compilation of some 595 documents on the Arab-Israeli conflict and a variety of related issues includes all the materials the researcher, analyst, and student of this conflict and region needs in a single text, from the years 1897 to 2003. Documents are listed in chronological order because many documents refer to more than one subject. They are, however, identified in the introduction according to subject matter. When different aspects recurred in a number of UN resolutions, only the main document is included, while others are referred to.

The compilation is not only about Palestinian issues. It includes all relevant documents between Arab states and Israel, from the armistice agreements (1949), to the peace treaties with Egypt (1979) and Jordan (1994), as well as their protocols and other documents that derive from these treaties.

The subject-matter content is as varied as the legal and political issues presented by this conflict. It includes geographical boundaries, refugees, water rights, regional security, elimination of weapons of mass destruction, and, of course, human rights and peace.

Published under the Transnational Publishers imprint.


Edited by Ferdinand J.M. Feldbrugge

During the last two decades Russia has gone through a process of radical political and socio-economic transformation. The legal system has reflected the various stages of this process and has also been a major agent in moving it forward. The country is at a crossroads now. External observers are sharply divided in evaluating the performance and intentions of the Russian leadership. Russia itself is involved in finding out where it stands. What sort of federation does it want to be? How will it define its relationship to Europe and to its former sister republics? The answers to such questions fundamentally affect the future shape of Russian law. At the same time, existing legal structures may predetermine the course Russia will take.


Edited by Lin Li

This volume of The China Legal Development Yearbook is the fourth in a series of annual reports written by leading Chinese law and legal policy scholars and judges to appear in English translation. It is edited by scholars at the Institute of Law of the Chinese Academy of Social Sciences. This 2009 yearbook reviews major legal developments in 2008, including law reform priorities, major legal policy debates and newly enacted legislation. It also provides reports on food safety, penal law, tax law, earthquake legislation, credit card regulation, procuratorate system reform, medical reform, legal education, and disclosure under the law. This yearbook provides valuable insight into contemporary debates in China about the substance, direction and priorities of legal reform.


Edited by Lin Li

This volume of the China Legal Development Yearbook marks the 60th anniversary of the founding of the PRC. Various aspects of law and regulation that are giving shape to China’s legal system are examined in this volume of the Yearbook. The editors present an informative and comprehensive volume, covering both general topics such as administrative law reform, as well as analysing a number specific areas of interest such as military law and the new food safety regime. 2009 was also a year when the full impact of the global financial crisis (GFC) was felt in China’s economy and society. Some of the chapters in this volume reflect upon aspects of these challenges with chapters on legislative responses to social instability and crime as well as on economic reform.

Deserving Citizenship

Citizenship Tests in Germany, the Netherlands and the United Kingdom


Ricky van Oers

In the past decade, Germany, the Netherlands and the United Kingdom have formalised or introduced language and knowledge of society tests for immigrants applying for citizenship. The aim of this book is to assess the explicit and hidden goals these citizenship tests are meant to achieve, as well as to analyse their intended and unintended effects. The book answers the questions of why the countries under consideration introduced citizenship tests and what effects these tests have produced. The latter question has been answered on the basis of an analysis of relevant statistics and an analysis of interviews with immigrants and stakeholders. Furthermore, the content of the tests presented to (possible) future citizens of Germany, the Netherlands and the UK has been thoroughly analysed.