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Eradicating Human Trafficking: Culture, Law and Policy
With over 40 million people still enslaved around the world, this book takes a closer look at the role of culture in society and how certain practices, beliefs or behaviors may be fueling human trafficking beyond what the law can curtail. The study reveals cultural elements that conflict with existing anti-human trafficking laws across three case studies (United States, India and Costa Rica). There is no simple answer or a single solution to stop or significantly reduce the crime, but a pragmatic, multi-disciplinary, and human rights approach to the problem may bring to light that, efforts to curtail human trafficking will be in vain if we rely on law alone. A fundamental shift in culture is imperative.
Due Process and International Terrorism
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Sex Trafficking of Children Online
This book addresses child sex trafficking in the era of digital technology. As a global problem, human trafficking frequently victimizes the most vulnerable: children. Offenders often use the Internet as a vehicle for criminal activities, including acts to sexually exploit them. With Internet access growing exponentially, more children are online every day, increasing their risk of becoming involved in sexual exploitation or being treated as a commodity. Inconsistent law among countries and the lack of adequate cooperation across borders make combating this issue increasingly difficult. Using a human rights approach, this book offers alternative solutions and recommendations, including estab...
A Research Agenda for Cybersecurity Law and Policy
This Research Agenda provides a roadmap for research in cybersecurity law and policy, covering critical topics including geopolitics, national security, terrorism, space cybersecurity, data privacy, and cloud computing. It explores the opportunities and challenges associated with the emerging domain of outer space, the development of autonomous systems including self-driving cars and uncrewed aircraft, and space system ICT networks.
Cultural Heritage in the European Union
Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.
Human Rights and Business
This book addresses the ever more urgent question as to whether individuals, indigenous peoples or other vulnerable groups should be entitled to remedies under international law for violations of their human rights by transnational corporations. Using the tools of policy-oriented jurisprudence, the author analyzes, in great historical and cross-cultural detail, the various claims involved, including the status of corporations and their purpose and growth beyond borders in the era of globalization; countervailing demands for respect and rights of individuals and groups; the changing role of the nation-state in international law; movements for corporate social responsibility and corporate accountability; trends in decision both domestically and internationally; as well as voluntary codes. Her appraisal of past decisions and suggestions leads her to conclude that only binding international legal remedies against transnational corporations can fully address the legitimate claims of individuals or groups.
Human Rights and Law Enforcement at Sea
Law enforcement at sea has become an increasingly important tool for combating transnational crime. Such law enforcement operations are commonly directed by multinational missions composed of military rather than police forces, and are often carried out in maritime areas not subject to national jurisdiction. Because of these characteristics, maritime law enforcement operations touch upon many unresolved human rights issues. In the present study, counter-piracy operations off the coast of Somalia and in the Indian Ocean serve as the quintessential example of how law enforcement measures taken at sea may fall short of international human rights standards. An unprecedented number of national an...
Child Exploitation and Trafficking
This book covers the history and present-day realities of the epidemic of child sexual exploitation and the law enforcement efforts to combat it. Written from the perspective of those who have spent their careers investigating, prosecuting, and adjudicating these cases, the authors provide fresh, practical thinking to this challenging legal area.
Formalism, Decisionism and Conservatism in Russian Law
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. The actual conservative narratives, about the distinctiveness of Russian law, reveal certain features of the intellectual culture that is transmitted in legal education, scholarship and practice. These narratives are based on the idea of sovereignty understood as legal omnipotence of the state. References to sovereignty justify the requirement of legality in the sense of fidelity to the letter of the law. They also often serve as a rationale for crafting exceptions to constitutional non-discrimination principles as they are applied to political, religious, sexual and other minorities.
