Book | 1st edition 2014 | United Kingdom | Janneke H. Gerards, Joseph Fleuren
The European Convention on Human Rights has great impact on national law, in particular through the case-law of the European Court of Human Right. Over the past few years, however, critical voices have been raised to question the degree of the Court’s influence on national law and politics.
Book | 1st edition 2014 | United Kingdom | Maya Sigron
This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights.
Every year, millions of people worldwide are forced to leave their homes and become displaced due to a variety of causes. This book explores the role of international human rights law in protecting people against involuntary displacement. It does so with reference to the idea of a ‘human right not to be displaced’.
What lessons can we learn from history, and more importantly: how? Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.
Book | 1st edition 2014 | World | Catherine Jenkins, Max du Plessis
In this volume, fifteen contributors from the disciplines of law, politics and sociology reflect on South Africa’s transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics covered is expansive, in keeping with a broader than usual definition of transitional justice which, it is argued, is more appropriate for states faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom.
Book | 1st edition 2013 | World | Cedric Ryngaert, Math Noortmann
In 1994, the United Nations Development Programme coined the term ‘human security’. It approached ‘security’ from a holistic perspective. Human security discourses have continually emphasised the central role of States as providers of human security. This volume challenges this paradigm, and highlights the part played by non-state actors in both threatening human security and also in rescuing or providing relief to those whose human security is endangered
The legacy of the ICTR, RwandaÉs ordinary courts and gacaca courts
Book | 1st edition 2013 | World | Usta Kaitesi
Genocidal Gender and Sexual Violence examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level.
A Challenge for Non-binding Norms: The Montreux Document and the International Code of Conduct for Private Security Providers
Book | 1st edition 2013 | World | Corinna Seiberth
Many states view Private Military and Security Companies (PMSCs) as crucial to implement their security policy. However, reoccurring incidents of human rights violations have led the international community, private sector and civil society to acknowledge the need for more control. This book examines the promises and dangers of emerging non-binding PMSC regulation alongside more traditional forms of law-making such as plans for an international convention on the use of PMSCs.
Book | 1st edition 2013 | World | The The Siracusa Intl. Institute
Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The ‘Guidelines’, developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies.
Comparative, European and International Perspectives
Book | 1st edition 2013 | United Kingdom | Jan Wouters, Katrien Meuwissen
Over the past twenty years, National Human Rights Institutions (NHRIs) have moved from the periphery to the centre of the human rights debate. The potential of NHRIs to transmit and implement international norms at the domestic level, and to transfer human rights expertise to regional and global human rights fora, is increasingly recognised. This book focuses on the functioning and role of NHRIs in Europe in a comparative, European and international perspective.
Book | 1st edition 2013 | Europe | Johannes Keiler
With the coming into force of the Treaty of Lisbon the competences of the European Union in the realm of criminal law have greatly expanded. The Union, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. Although the Union frequently refers to conduct, attempt and participation in its legislation, it fails to determine what these concepts should denote to. This book fills this lacuna by establishing what actus reus and rules on participation should look like in European criminal law.
A Right to External Self-Determination as a Remedy to Serious Injustices?
Book | 1st edition 2013 | United Kingdom | Simone van den Driest
It is increasingly suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise as ultimum remedium in case of serious injustices suffered by a people. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession.
Book | 1st edition 2013 | United Kingdom | Marjolein van Roosmalen, Ben Vermeulen, Fried van Hoof, Marten Oosting
Pieter van Dijk has devoted his working life to the theory and practice of fundamental rights and principles. Many of his friends and (former) colleagues have contributed to this volume. They have analyzed fundamental rights and principles from various perspectives, including preconditions for safeguarding fundamental rights, the interaction between the Strasbourg, Luxembourg and national courts and constitutional review.
Book | 1st edition 2013 | World | Anne-Marie de Brouwer, Charlotte Ku, Renée Römkens, Larissa Van Den Herik
This edited volume will focus on developments in the prosecution of cases of sexual violence in (post-)conflict situations. The prosecution of those cases raises new and challenging questions as to how to build evidence, but also how to address victims’ concerns in that process. It will address innovations and challenges of empirical and other new kinds of social scientific, archival and medical data collection techniques; the development of evidence in relation to charges ranging from sexual violence as a war crime to genocide; and evidentiary and procedural differences and difficulties involved in prosecuting sexual victimization in domestic versus international courts.
A Comparative Analysis of Dutch, English and French Justifications for Limiting the Freedom of Public Officials to Display Religious Symbols
Book | 1st edition 2012 | United Kingdom | Hana M.A.E. van Ooijen
Religious symbols have generated controversy in many circles, be they religious or secular, public or private, and within or outside academia. This book singles out a particularly contentious issue: religious symbols in public functions and focuses on the judiciary, the police and public education.
A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic He
Book | 1st edition 2012 | Europe | Sarah Haverkort-Speekenbrink
Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race and religious discrimination in a similar manner or would the Courts take a different approach?
Book | 1st edition 2012 | United Kingdom | Hendrik J. Lubbe, Hendrik Lubbe
The process of the transformation, reconciliation, development and reconstruction of South African society had not been finalised when the Truth and Reconciliation Commission (TRC) and the Amnesty Committee had reached the end of their mandates in 1998 and 2003 respectively. It is therefore imperative to implement measures to address "unfinished business" which should be approached in such a manner that the initiatives complement and build upon the work of the TRC. The main objective of this book is to examine the manner in which the post-TRC phase in South Africa has unfolded and to answer the question of whether or not South Africa's post-TRC initiatives (or lack thereof) are in compliance with both national and international law.
Book | 1st edition 2012 | United Kingdom | Ingrid Westendorp
The Convention on the Elimination of All Forms of Discrimination Against Women is a treaty for all girls and women in this world. After 30 years, the Convention on the Elimination of All Forms of Discrimination Against Women is still valid and necessary both in developed and in developing States. This image is clearly conveyed by the authors of this book who represent a wide variety of national and cultural backgrounds, and who have put the implementation of the provisions in the Convention to the test both in modern and in traditional societies.
Book | 1st edition 2012 | World | Toshiyuki Kono, Steven Van Uytsel
This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.
Corruption currently receives an increasing amount of attention from scholars and practitioners in various disciplines, including law. While the phenomenon is as old as mankind, the last fifteen years saw the rise of many anti-corruption treaties, aimed at criminalisation, prevention and cooperation. At the same time, there seems to be relatively little work done on corruption in the field of human rights law or international criminal law. This book argues that these areas of law can certainly contribute to fighting corruption, by giving a human face to both victims and perpetrators.1
