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The Yearbook of Islamic and Middle Eastern Law (YIMEL) is the leading English language journal covering contemporary Islamic laws and laws of the Middle East. Practitioners and academics dealing with the Middle East can turn to YIMEL for an instant source of information on the developments in the Middle East region and wider Muslim world. YIMEL covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. Focusing on YIMEL's role in publishing and disseminating ground-breaking and novel research on Islamic law, Volume 19 includes a Special Edition on the theme of Islamic Law and Empire consisting of a dedicated Preface and articles in Part I, as well as other contributions on legal developments in the Middle East and South Asia, important judgements and book reviews, assembled in Part II. The publication's practical features include: - articles on current topics, - the text of a selection of important case judgments, - book reviews.
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Welcoming Ruin

The Civil Rights Act of 1875

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Alan Friedlander and Richard Allan Gerber

The Civil Rights Act of 1875, enacted March 1, 1875, banned racial discrimination in public accommodations – hotels, public conveyances and places of public amusement. In 1883 the U.S. Supreme Court declared the law unconstitutional, ushering in generations of segregation until 1964. This first full-length study of the Act covers the years of debates in Congress and some forty state studies of the midterm elections of 1874 in which many supporting Republicans lost their seats. They returned to pass the Act in the short session of Congress. This book utilizes an army of primary sources from unpublished manuscripts, rare newspaper accounts, memoir materials and official documents to demonstrate that Republicans were motivated primarily by an ideology that civil equality would produce social order in the defeated southern states.
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Alexandre Skander Galand

This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
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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 Rome Statute of the ICC at its Fifteenth Anniversary (Achivements and Perspectives) is an edited book comprising of 13 chapters written by contributors to a conference dedicated to discuss the development, achievements and possible future evolution of the Rome Statute and international criminal law. The authors include academics from various legal systems, practitioners from the ICC and the Special Tribunal for Lebanon, attorneys and other practitioners and theoretics.

The International Criminal Court is the first universal international criminal tribunal. Though quite new (only 15 years have passed since the entry into force of its basic document - the Rome Statute), it has already developed interesting case-law and continues to elaborate on both substantive and procedural international criminal law.

Contributors are Ivana Hrdličková, Claus Kreß, Tamás Lattmann, Jan Lhotský, Milan Lipovský, Iryna Marchuk, Josef Mrázek, Anna Richterová, Simon De Smet, Ondřej Svaček, Pavel Šturma, Kateřina Uhlířová, Kristýna Urbanová, Aloka Wanigasuriya.
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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.