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Prisons, Punishment, and the Family
Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the deprivation of liberty has been a central pillar in the Western mode of punishment since the early nineteenth century, we have only relatively recently embarked upon a serious discussion of the severe effects of imprisonment for the families and relatives of offenders and the implications this has for society. This book draws together some of the excellent research that addresses the impact of criminal justice and incarceration in particular ...
The Many Paths of Change in International Law
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting th...
Islam, Democracy and Governance in the North African Countries
Examines political, economic, and judicial systems as well as human rights, and tools for good governance in the North African countries of Morocco, Algeria, Tunisia, Libya and Egypt.
Self-Determination as Voice
Self-Determination as Voice addresses the relationship between Indigenous peoples' participation in international governance and the law of self-determination. Many states and international organizations have put in place institutional mechanisms for the express purpose of including Indigenous representatives in international policy-making and decision-making processes, as well as in the negotiation and drafting of international legal instruments. Indigenous peoples' rights have a higher profile in the UN system than ever before. This book argues that the establishment and use of mechanisms and policies to enable a certain level of Indigenous peoples' participation in international governance has become a widespread practice, and perhaps even one that is accepted as law. In theory, the law of self-determination supports this move, and it is arguably emerging as a rule of customary international law. However, ultimately the achievement of the ideal of full and effective participation, in a manner that would fulfil Indigenous peoples' right to self-determination, remains deferred.
Sustainable Trade, Investment and Finance
Sustainable development remains a high priority in international politics, as governments seek new methods of managing the consumption of resources while maintaining national economic growth. This timely book explores how the contours and facets of sustainability shape international laws and regulations that govern trade, investment and finance.'
Human Rights in Turmoil
Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current political realities, even in states traditionally dedicated to the rule of law. This would have been inconc...
Advanced Introduction to Business and Human Rights
Focusing on the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, this timely book charts the field of business and human rights, finding that corporate responsibility to respect human rights is gradually evolving into a binding legal duty in both national and international law. Following the structure of the UNGPs, Peter T. Muchlinski also covers the state duty to protect against business violations of human rights, the corporate responsibility to respect human rights and access to remedies for corporate violations of human rights.
The UN Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is the most extensive and widely ratified international human rights treaty. This Commentary offers a comprehensive analysis of each of the substantive provisions in the Convention and its Optional Protocols on Children and Armed Conflict, and the Sale of Children, Child Prostitution and Pornography. It provides a detailed insight into the drafting history of these instruments, the scope and nature of the rights accorded to children, and the obligations imposed on states to secure the implementation of these rights. In doing so, it draws on the work of the Committee on the Rights of the Child, international, regional, and domestic courts, academic and interdisciplinary scholarly analyses. It is of relevance to anyone working on matters affecting children including government officials, policy makers, judicial officers, lawyers, educators, social workers, health professionals, academics, aid and humanitarian workers, and members of civil society.
Legal Sources in Business and Human Rights
Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.
Sites of Statelessness
Statelessness is incessantly produced in seas, cities, and law. Building around the postcolonial experiences of statelessness Sites of Statelessness examines the entanglements of citizenship policies and practices with the spread of statelessness in contemporary times, something that defies any kind of a citizen/stateless binary. These policies are significant, the background of a shift in emphasis from jus soli to jus sanguinis, the proliferation of borderland populations and nowhere people, population flows across (post)colonial border formations and boundary delimitations, and the growth of regional, formal, and informal labor markets characterized by immigrant labor economies. In this context, contributors address the distinctive dynamics of the different sites in the production of statelessness and considers the impact of these sites as critical and does not merely treat them as a backdrop. They argue that these different sites evoke different histories and repertoires and also bring different possibilities of alignment with emerging problematics.
