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Justiciability of Human Rights Law in Domestic Jurisdictions
This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and ...
EU Citizenship and Social Rights
In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.
Patent Cultures
Tracing global histories of patenting, this book reveals the resilient diversity of patent systems, challenging the universality of 'intellectual property'.
Islamic State Practices, International Law and the Threat from Terrorism
In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.
Towards Convergence in International Human Rights Law
We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.
A Law of Blood-ties - The 'Right' to Access Genetic Ancestry
This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and...
Decision Making, Assessment and Risk in Social Work
At a time when accountability and the avoidance of risk are increasingly demanded of social workers, the ability to make clear and informed decisions is essential. This book, written for practicing social workers undertaking their ASYE and compulsory CPD, has been designed to help professionals make sound judgments in increasingly complex contexts and under pressure. The focus is on empowering front-line professionals through reflective practice, so that they are able to draw on multiple factors and perspectives and make sound problem-solving judgements. The book begins with the core concepts, client focus, and legal background before moving on to consider the collaborative processes and the nature of individual judgements. It then considers particular dimensions of social work decision making, such as safeguarding, taking risks, assessment and dynamic decision tools and processes. It then concludes by look at the organisational context of decision management, with a focus on supervision, training and effective communication.
International Law
International Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges.
Indigenous Rights and the Legacies of the Bible
A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgment in the High Court of A...
