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Author: Carla Ferstman Publisher: Bristol University Press ISBN: 9781529222494 Category : Political Science Languages : en Pages : 0
Book Description
Available Open Access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.
Author: Carla Ferstman Publisher: Bristol University Press ISBN: 9781529222494 Category : Political Science Languages : en Pages : 0
Book Description
Available Open Access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.
Author: Carla Ferstman Publisher: Policy Press ISBN: 1529222508 Category : Political Science Languages : en Pages : 390
Book Description
Available open access digitally under CC-BY-NC-ND licence This book examines what happens when states and other authorities use detention to abuse their power, deter dissent and maintain social hierarchies. Written by an author with decades of practical experience in the human rights field, the book examines a variety of scenarios where individuals are unlawfully detained in violation of their most basic rights to personal liberty and exposes the many fallacies associated with arbitrary detention. Proposing solutions for future policy to scrutinise processes, this is a call for greater respect for the rule of law and human rights.
Author: Anthony Petros Spanakos Publisher: Routledge ISBN: 1317639049 Category : Political Science Languages : en Pages : 256
Book Description
Comparative politics often involves testing of hypotheses using new methodological approaches without giving sufficient attention to the concepts which are fundamental to hypotheses, particularly the ability of these concepts to ‘travel’. Proper operationalising requires deep reflection on the concept, not simply establishing how it should be measured. Conceptualising Comparative Politics – the flagship book of Routledge’s series of the same name – breaks new ground by emphasising the role of thoroughly thinking through concepts and deep familiarity with the case that inform the conceptual reflection. In this thought- provoking book, established academics as well as emerging scholars in the field collect (and invite) scholarship in the tradition of conceptual comparative politics. The book posits that concepts may be used comparatively as ‘lenses’, ‘building blocks’ and ‘scripts’, and contributors show how these conceptual tools can be employed in original comparative research. Importantly, contributors to Conceptualising Comparative Politics do not simply use concepts in one of these three ways but they apply them with careful consideration of empirical variation. The chapters included in this volume address some of the most contentious issues in comparative politics (populism, state capacity, governance, institutions, elections, secularism, among others) from various geographic regions and model how scholars doing comparative politics might approach such subjects. Concepts make possible scholarly conversations including creative confrontations across paradigms. Conceptualising Comparative Politics will challenge you to think of how to engage in conceptual comparative inquiry and how to use various methodologically sound techniques to understand and explain comparative politics.
Author: Lisa Louwerse Publisher: BRILL ISBN: 9004530827 Category : Law Languages : en Pages : 462
Book Description
This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Author: David Jason Karp Publisher: Cambridge University Press ISBN: 1139916556 Category : Political Science Languages : en Pages : 217
Book Description
Responsibility for Human Rights provides an original theoretical analysis of which global actors are responsible for human rights, and why. It does this through an evaluation of the different reasons according to which such responsibilities might be assigned: legalism, universalism, capacity and publicness. The book marshals various arguments that speak in favour of and against assigning 'responsibility for human rights' to any state or non-state actor. At the same time, it remains grounded in an incisive interpretation of the world we actually live in today, including: the relationship between sovereignty and human rights, recent events in 'business and human rights' practice, and key empirical examples of human rights violations by companies. David Karp argues that relevantly public actors have specific human rights responsibility. However, states can be less public, and non-state actors can be more public, than might seem apparent at first glance.
Author: Claire Macken Publisher: Routledge ISBN: 1136741860 Category : Law Languages : en Pages : 295
Book Description
In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
Author: Lorna McGregor Publisher: Oxford University Press ISBN: 0198866232 Category : Law Languages : en Pages : 289
Book Description
In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.
Author: Yutuka Arai Publisher: BRILL ISBN: 9004180621 Category : Law Languages : en Pages : 800
Book Description
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.
Author: Fiona de Londras Publisher: Cambridge University Press ISBN: 1139500031 Category : Political Science Languages : en Pages : 327
Book Description
In this book, Fiona de Londras presents an overview of counter-terrorist detention in the US and the UK and the attempts by both states to achieve a downward recalibration of international human rights standards as they apply in an emergency. Arguing that the design and implementation of this policy has been greatly influenced by both popular and manufactured panic, Detention in the 'War on Terror' addresses counter-terrorist detention through an original analytic framework. In contrast to domestic law in the US and UK, de Londras argues that international human rights law has generally resisted the challenge to the right to be free from arbitrary detention, largely because of its relative insulation from counter-terrorist panic. She argues that this resilience gradually emboldened superior courts in the US and UK to resist repressive detention laws and policies and insist upon greater rights-protection for suspected terrorists.
Author: Carla Ferstman
Author: Carla Ferstman
Author: Carla Ferstman
Author: Anthony Petros Spanakos
Author: Lisa Louwerse
Author: David Jason Karp
Author: Claire Macken
Author: Lorna McGregor
Author: Yutuka Arai
Author: David Jason Karp
Author: Fiona de Londras