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.
For many years both police violence and the complaints procedures have been important topics for debate in Britain and elsewhere. This book aims to provide a contribution to this debate by analysing the way in which police violence at present is and should be policed.
On the basis of a case study in Glasgow the authors examine the phenomenon of police violence and the occupational reality in which it can be most adequately controlled. The present type of British complaints system was found to have little to offer to the victims of such incidents, and to be even counterproductive as a mechanism of control of police behaviour.
This book discusses the main structural amendments which would enable the complaints procedure to provide a more adequate response. It is contended that the police themselves can and should play a major role in the control of police violence, and that they should have both the responsibility and opportunity for rectifying what went amiss.
The implications of his study extend beyond the immediate Glaswegian, Scottish and even British context and are of wider interest to all those who are concerned with the issues and problems of police violence, policing police misconduct and police accountability in general.
Human rights law protects the rights and freedoms of individuals and groups within societies. Police officials are uniquely placed to ensure respect for, and secure protection of, those rights and freedoms. Those who exercise power on behalf of the people they serve need to be aware of the human rights standards they are required to meet, and the best practice in their fields of activity. The texts identified as essential for the police in this publication serve as a valuable aid to meeting both of these needs. The present compilation of international human rights instruments is a significant addition to the small, but increasing, number of publications on human rights and policing.
Essential Texts on Human Rights for the Police is divided into three parts, each one with an introduction outlining the scope and contents of the instruments. Part I includes the Universal Declaration of Human Rights and universal treaties, Part II regional treaties, and Part III non-treaty instruments. In all, 24 international instruments are reproduced.
The present publication is intended to be used in human rights education and training programmes for police and other officials exercising police powers. It can be used by teachers and resource persons as a principal source of reference for such programmes or as a supplement to teaching manuals. It can also serve as a source of reference and guidance to operational police officials and to anyone wishing to be aware of the standards to which police should adhere.
Essential Texts on Human Rights for the Police is published in cooperation with the Human Rights Centre, University of Essex, and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law.
The common foreign and security policy (CFSP) of the European Union and its member states reflects an unprecedented form of international cooperation on the borderline between international law and European Community law. While more 'supranational' European community, CFSP in this book is presented as a form of legal cooperation that is far from informal. The former diplomatic European Political Cooperation has developed into a policy in which the states still play an important role, but where their competences are shared with the international organisation called the European Union. Conclusions on the interpretation of the 'CFSP legal order' and on the legal status of the European Union are based on a thorough analysis of the purposes and scope of CFSP, the decision-making procedures, the nature of the CFSP decisions, the existing supervisory mechanisms and the competences of the European Union. The book addresses the key issues of international institutional law in an original and clarifying manner. This makes the book not only a valuable source for academics working in European Union law and international institutional law in general, but also for practitioners involved in national and European foreign policy making. The book contains an extensive bibliography as well as a list of adopted CFSP decisions.
The European Strasbourg Register offers the reader a complete survey of all Strasbourg-based organizations with a European dimension. Strasbourg is not presented as a competitive site to Brussels, but rather as a city with a distinct focus and definite role to play in the construction of Europe. The geostrategic location of Strasbourg is of paramount importance in bridging Northern and Southern Europe, as well as in linking West and East. The presence in Strasbourg of such institutions as the European Parliament, the Council of Europe and the European Court of Human Rights, coupled with the outstanding education and research facilities the city offers, accounts for Strasbourg's popularity among the international business and academic community.
Part One of
The European Strasbourg Register contains in-depth articles by a number of leading personalities; Part Two provides a comprehensive, practical and highly detailed review of Strasbourg-based organizations with a European dimension, including intergovernmental organizations, such as the European Parliament, as well as non-governmental organizations, education and training institutions, trans-border cooperation associations, permanent foreign representatives and accredited press agencies. Thus this volume constitutes a unique and indispensable tool for diplomats, journalists, lawyers, national and international civil servants, businessmen, lobbyists, researchers and all those interested in European institutions and public affairs.
This comparative examination of Value Added Taxes worldwide covers both theory and practice and is intended for an audience of students, teachers, researchers, government officials, and practitioners. The authors are American law professors, both teachers of courses on VAT and long time members of the ABA's Committee on Value Added Tax (recently the Committee on Alternative Tax Systems).
The book begins with an extensive survey of VAT principles as enunciated during the second half of the twentieth century in official reports and by economists and other tax authorities. Included are basic statistical data and an appendix delineating the global spread of the tax together with rates in the year 2000. Thereafter, the authors present the legal concepts and definitions displayed in VAT laws and elaborated by the courts of Europe and New Zealand. Comparison is made from time to time with American experience with state retail sales taxes. Application of VATs to particular activities is examined in separate chapters devoted to banking, insurance, real estate, and nonprofit organizations. Particular attention is paid to cross-border situations whether international, within the European Union and other country groupings, or within federal countries. The special problems of telecommunications, transportation and E-commerce are covered together in one chapter.
A feature of the book of particular use to practitioners as well as students and scholars is an appendix of more than 100 pages, which sets forth the consolidated text of the European Union's famous Sixth Directive. It serves as the governing statutory document for the VATs in EU member countries and is the subject of interpretation and application in many of the litigated cases included or referred to in the book.
Published under the Transnational Publishers imprint.
This volume is the up-to-date English version of the fifth Italian edition of a textbook on the United Nations which was first published in 1971 by CEDAM (Padua).
The book aims to provide a comprehensive legal analysis of problems concerning membership, the structure of U.N. organisations, their functions and their acts taking into consideration the text of the Charter, its historical origins, and, particularly, the practice of the organisations. Developments in United Nations practice subsequent to 1971 have obviously been taken into account. As a general working criterion, the more recent practice has been added to the pre-existing one, rather than substituting it, even when past practice may appear to be obsolete. Indeed one of the aims of the book is to trace the `story' of the United Nations from its birth precisely through an analysis of the practice. Moreover, since the Charter has never undergone any substantive modifications, one cannot exclude that what may appear to be old and obsolete today could become of current interest in the future. For this reason the examination of former practice will sooner or later become useful to anyone seeking to interpret the Charter.
For instance, in 1975 the United States proposed the admission of the two Vietnams, which were separate countries at that time, and of the two Koreas, under the `package' technique. Thus the well-known 1948 advisory opinion of the International Court of Justice on the `package' proposed by the Soviet Union for collective admission in the 40s and 50s again became timely, despite its having appeared obsolete.
This legal analysis which is free of dogmatism and firmly linked to practice describes the role played by the United Nations in the past and at present better than many lengthy and inconclusive political or sociological studies. The book is very much focused on the Charter as it stands while it only marginally deals with reforms that might be introduced, such as those concerning the structure of the Security Council and the General Assembly. Indeed, it is difficult to foresee radical reforms, giving the UN an entirely new shape. This is particularly true with regard to endowing the Organisation with the force and efficacy that would be needed for the maintenance of peace and security. Recent events have clearly shown how unfeasible such an endowment would be.
The International IDEA Handbook on Democracy Assessment is a robust and sensitive guide to assessing the quality of democracy and human rights in any country around the world. The
Handbook introduces an easy-to-use and universal methodology for assessing the condition of democracy in any country, or its progress in democratisation, that has been developed in a three-year action programme at IDEA, the inter-governmental Institute for Democracy and Electoral Assistance in Sweden.
Handbook provides a means to measure systematically the full range of values, institutions and issues relating to modern democracy that is sensitive to the underlying principles and democracy and the differences between democracies themselves. It is therefore both universal in application and capable of responding to particular aspects of any one nation's democratic arrangements. The animating principle of the
Handbook is that only citizens of a nation themselves are qualified to assess the quality of their own democratic arrangements. Thus, it provides a self-help guide, which gives academics, lawyers, political practitioners, journalists and interested citizens the tools to assess the state of their democracy, or any key aspects of their democracy.
Handbook is above all a practical working document that draws on the actual experience of assessing democracy in different countries, comparative knowledge and research, and democratic principles and practice. It gives a
step-by-step guide to the purposes and methods of democracy assessment; who to involve; how to use the research tools; how to validate the findings; what standards of practice to adopt; and how to present and publicise a finished assessment. It contains extracts from completed assessments, guidance on the use of qualitative and quantitative data, examples of codes of democratic practice and international and regional standards, and a vast list of accessible data sources.
The methodology was created by a team of political scientists assembled from all regions of the world by International IDEA and has been tried and tested in a variety of countries, including Bangladesh, El Salvador, Italy, Kenya, Malawi, New Zealand, Peru, South Korea and the United Kingdom. International organisations like the World Bank and UNECA are adapting it for in-country use. The four main authors and editors have been directly involved from the inception of the project - in developing and refining the methodology and participating in and advising on the nine country studies that form the essential practical core of experience on which this invaluable
Handbook is based.
The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 1990 was The Rights and Duties of Riparian States of International Rivers.
China has changed and the continuing changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition in 2008, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law.
Fully revised, updated and considerably expanded, this edition of
Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.