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Statelessness

Statelessness Author William E Conklin
ISBN-10 9781782253747
Release 2014-12-01
Pages 372
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'Statelessness' is a legal status denoting lack of any nationality, a status whereby the otherwise normal link between an individual and a state is absent. The increasingly widespread problem of statelessness has profound legal, social, economic and psychological consequences but also gives rise to the paradox of an international community that claims universal standards for all natural persons while allowing its member states to allow statelessness to occur. In this powerfully argued book, Conklin critically evaluates traditional efforts to recognize and reduce statelessness. The problem, he argues, rests in the obligatory nature of law, domestic or international. By closely analysing a broad spectrum of court and tribunal judgments from many jurisdictions, Conklin explains how confusion has arisen between two discourses, the one discourse inside the other, as to the nature of the international community. One discourse, a surface discourse, describes a community in which international law justifies a state's freedom to confer, withdraw or withhold nationality. This international community incorporates state freedom over nationality matters, bringing about the de jure and effective stateless condition. The other discourse, an inner discourse, highlights a legal bond of socially experienced relationships. Such a bond, judicially referred to as 'effective nationality', is binding upon all states, and where such a bond exists, harm to a stateless person represents harm to the international community as a whole.



Economic Sanctions and International Law

Economic Sanctions and International Law Author Matthew Happold
ISBN-10 9781782254720
Release 2016-10-20
Pages 304
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In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The book will be of interest to scholars and practitioners of international law and politics.



The International Legal Protection of Persons in Humanitarian Crises

The International Legal Protection of Persons in Humanitarian Crises Author Dug Cubie
ISBN-10 9781509904037
Release 2017-04-20
Pages 400
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The instinctual desire to support those in need, irrespective of geographic, cultural or religious links, is both facilitated and overwhelmed by the extent of information now available about the multiple humanitarian crises which occur on a daily basis around the world. Behind the images of devastating floods and earthquakes, or massive forced displacements resulting from armed conflicts, is the all too real suffering faced by individuals and families. From the 2004 Indian Ocean Tsunami to the on-going conflict in Syria, recent years have seen an increasing debate regarding the international legal mechanisms to protect persons in such humanitarian crises. The International Legal Protection of Persons in Humanitarian Crises argues that an acquis humanitaire is identifiable through the interconnected web of existing and emerging international, regional and national laws, policies and practices for the protection of persons caught up in humanitarian crises. Indeed, the humanitarian imperative to alleviate suffering wherever it may be found permeates various branches of international law, and is reflected in the extensive humanitarian activities undertaken by States and other actors in times of armed conflict, population displacement and disaster. Dug Cubie argues that by clarifying the conceptual framework and normative content of the acquis humanitaire, gaps and lacunae can be identified and the overall protection of persons strengthened.



An Eye for an Eye

An Eye for an Eye Author Mitchel P. Roth
ISBN-10 9781780233819
Release 2014-10-15
Pages 304
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From “an eye for an eye” to debates over capital punishment, humanity has a long and controversial relationship with doling out justice for criminal acts. Today, crime and punishment remain significant parts of our culture, but societies vary greatly on what is considered criminal and how it should be punished. In this global survey of crime and punishment throughout history, Mitchel P. Roth examines how and why we penalize certain activities, and he scrutinizes the effectiveness of such efforts in both punishing wrongdoers and bringing a sense of justice to victims. Drawing on anthropology, archaeology, folklore, and literature, Roth chronicles the global history of crime and punishment—from early civilizations to the outlawing of sex crimes and serial homicide to the development of organized crime and the threat today of global piracy. He explores the birth of the penitentiary and the practice of incarceration as well as the modern philosophy of rehabilitation, arguing that these are perhaps the most important advances in the effort to safeguard citizens from harm. Looking closely at the retributions societies have condoned, Roth also look at execution and its many forms, showing how stoning, hemlock, the firing squad, and lethal injection are considered either barbaric or justified across different cultures. Ultimately, he illustrates that despite advances in every level of human experience, there is remarkable continuity in what is considered a crime and the sanctions administered. Perfect for students, academics, and general readers alike, this interdisciplinary book provides a fascinating look at criminality and its consequences.



Refashioning Secularisms in France and Turkey

Refashioning Secularisms in France and Turkey Author Amelie Barras
ISBN-10 9781317686835
Release 2014-04-24
Pages 170
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Over the past few years, secularism has become an intrinsic component of discussions on religious freedom and religious governance. The question of whether states should restrict the wearing of headscarves and other religious symbols has been particularly critical in guiding this thought process. Refashioning Secularisms in France and Turkey documents how, in both countries, devout women have contested bans on headscarves, pointing to how these are inconsistent with the ‘real’ spirit of secularism. These activists argue that it is possible to be simultaneously secular and religious; to believe in the values conveyed by secularism, while still remaining devoted to their faith. Through this examination, the book highlights how activists locate their claims within the frame of secularism, while at the same time revisiting it to craft a space for their religiosity. Addressing the lacuna in literature on the discourse of devout Muslims affected by these restrictions, this book offers a topical analysis on an understudied dimension of secularism and is a valuable resource for students and researchers with an interest in Religion, Gender Studies, Human Rights and Political Science.



Secession

Secession Author Marcelo G. Kohen
ISBN-10 0521849284
Release 2006-03-21
Pages 510
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A comprehensive study of secession from an international law perspective.



Indigenous African Institutions 2nd Edition

Indigenous African Institutions  2nd Edition Author George Ayittey
ISBN-10 9789047440031
Release 2006-09-01
Pages 600
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George Ayittey’s Indigenous African Institutions presents a detailed and convincing picture of pre-colonial and post-colonial Africa - its cultures, traditions, and indigenous institutions, including participatory democracy.



The Statehood of Palestine

The Statehood of Palestine Author John Quigley
ISBN-10 9781139491242
Release 2010-09-06
Pages
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Palestine as a territorial entity has experienced a curious history. Until World War I, Palestine was part of the sprawling Ottoman Empire. After the war, Palestine came under the administration of Great Britain by an arrangement with the League of Nations. In 1948 Israel established itself in part of Palestine's territory, and Egypt and Jordan assumed administration of the remainder. By 1967 Israel took control of the sectors administered by Egypt and Jordan and by 1988 Palestine reasserted itself as a state. Recent years saw the international community acknowledging Palestinian statehood as it promotes the goal of two independent states, Israel and Palestine, co-existing peacefully. This book draws on evidence from the 1924 League of Nations mandate to suggest that Palestine was constituted as a state at that time. Palestine remained a state after 1948, even as its territory underwent permutation, and this book provides a detailed account of how Palestine has been recognized until the present day.



Citizenship in Question

Citizenship in Question Author Benjamin N. Lawrance
ISBN-10 9780822373483
Release 2016-12-09
Pages 304
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Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens. Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock



The Enigma of Japanese Power

The Enigma of Japanese Power Author Karel van Wolferen
ISBN-10 0333529472
Release 1989
Pages 504
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Om japansk samfundsliv, politik, økonomi og kultur, skrevet af en korrespondent som har opholdt sig i Japan i mange år



Nationality and Statelessness under International Law

Nationality and Statelessness under International Law Author Alice Edwards
ISBN-10 9781316062401
Release 2014-09-18
Pages
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Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.



Judge Ant nio A Can ado Trindade The Construction of a Humanized International Law

Judge Ant  nio A  Can  ado Trindade  The Construction of a Humanized International Law Author Antônio Augusto Cançado Trindade
ISBN-10 9789004340046
Release 2017-02-28
Pages 870
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The current volume supplements Volume 1 and 2 of The Construction of a Humanized International Law, which contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade (1991-2013), former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Volume 3 brings these texts up to date till 2015. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. His great achievement at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations.



Democracies at War

Democracies at War Author Dan Reiter
ISBN-10 1400824451
Release 2010-07-01
Pages 304
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Why do democracies win wars? This is a critical question in the study of international relations, as a traditional view--expressed most famously by Alexis de Tocqueville--has been that democracies are inferior in crafting foreign policy and fighting wars. In Democracies at War, the first major study of its kind, Dan Reiter and Allan Stam come to a very different conclusion. Democracies tend to win the wars they fight--specifically, about eighty percent of the time. Complementing their wide-ranging case-study analysis, the authors apply innovative statistical tests and new hypotheses. In unusually clear prose, they pinpoint two reasons for democracies' success at war. First, as elected leaders understand that losing a war can spell domestic political backlash, democracies start only those wars they are likely to win. Secondly, the emphasis on individuality within democratic societies means that their soldiers fight with greater initiative and superior leadership. Surprisingly, Reiter and Stam find that it is neither economic muscle nor bandwagoning between democratic powers that enables democracies to win wars. They also show that, given societal consent, democracies are willing to initiate wars of empire or genocide. On the whole, they find, democracies' dependence on public consent makes for more, rather than less, effective foreign policy. Taking a fresh approach to a question that has long merited such a study, this book yields crucial insights on security policy, the causes of war, and the interplay between domestic politics and international relations.



The Governance Gap

The Governance Gap Author Penelope Simons
ISBN-10 9781317576297
Release 2014-07-11
Pages 460
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This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy’s experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including the UN Guiding Principles on Business and Human Rights. They conclude that such mechanisms are incapable of systematically preventing human rights violating behaviour by transnational corporations, or of assuring accountability of these actors or recompense for victims of such violations. The authors contend that home state regulation, while not a silver bullet, has a crucial role to play in regulating such conduct. They pick up where UN Special Representative John Ruggie’s Guiding Principles on Business and Human Rights left off, and propose an innovative, robust and adaptable template for strengthening the regulatory framework of home states. Their model draws insights from the theoretical literature, leverages existing public, private, transnational, national, ‘soft’ and hard regulatory tools, and harnesses the specific strengths of state-based governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.



Agamben and the Politics of Human Rights

Agamben and the Politics of Human Rights Author John Lechte
ISBN-10 9780748677740
Release 2013-05-31
Pages 216
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Taking Agamben's critique as a starting point, the authors reveal the paradoxes central to the politics of human rights by exploring questions of statelessness, exclusion and the visual representation of refugees and illegal migrants in the media.



The Human Rights of Non citizens

The Human Rights of Non citizens Author David S. Weissbrodt
ISBN-10 9780199547821
Release 2008
Pages 257
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Non-citizens should by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate state objective and are proportionate. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens' human rights.



Violent Becomings

Violent Becomings Author Bjørn Enge Bertelsen
ISBN-10 9781785332364
Release 2016-08-30
Pages 360
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Violent Becomings conceptualizes the Mozambican state not as the bureaucratically ordered polity of the nation-state, but as a continuously emergent and violently challenged mode of ordering. In doing so, this book addresses the question of why colonial and postcolonial state formation has involved violent articulations with so-called 'traditional' forms of sociality. The scope and dynamic nature of such violent becomings is explored through an array of contexts that include colonial regimes of forced labor and pacification, liberation war struggles and civil war, the social engineering of the post-independence state, and the popular appropriation of sovereign violence in riots and lynchings.