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Author: Lauren Fielder Publisher: Routledge ISBN: 1317006828 Category : Political Science Languages : en Pages : 288
Book Description
It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.
Author: Lauren Fielder Publisher: Routledge ISBN: 1317006828 Category : Political Science Languages : en Pages : 288
Book Description
It is becoming increasingly common for human rights norms to be transferred between legal and political systems and this book is a fresh approach to the intersection of transnational law and the protection of cultural difference beyond the single state border. It investigates how the construction and evolution of human rights norms are transferred in transnational legal settings and asks whether law should reflect, express or control any given aspect of culture. The chapters explore the ways that law and cultural identity may or may not co-exist, particularly in circumstances where a prima facie clash is observed. Examining legal approaches to cultural differences from a comparative perspective and across a wide range of locations, the book covers topics such as juvenile punishment, religious defamation, religious rights and conflict between industry and indigenous communities. It will be of value to those working in the areas of transnational and comparative law, as well as those concerned with human rights and the intersection of law and cultural difference.
Author: Yoon Jin Shin Publisher: BRILL ISBN: 9004311149 Category : Law Languages : en Pages : 327
Book Description
In A Transnational Human Rights Approach to Human Trafficking, Yoon Jin Shin proposes an innovative and comprehensive human rights framework to human trafficking, to empower victimized individuals as rights-holders, overcoming the current regime’s state-interest-driven border and crime control approach.
Author: Michael Likosky Publisher: Cambridge University Press ISBN: 9780406946744 Category : Law Languages : en Pages : 548
Book Description
This work comprises 24 linked essays by leading transatlantic scholars in international law and the social sciences examining the sociolegal aspects of multi-jurisdictional legal techniques and trans-jurisdictional social phenomena. The contributors bring a range of disciplinary expertises including anthropology, economics, law and sociology to bear on key questions raised by transnational legal processes. The pieces explore legal developments in multiple territories including Africa, Asia, Latin America and the United States. The volume is designed as a general reader for courses on law and globalisation and related studies. The collection is made up of four parts, each addressing a central theme in transnational law and legal action (law-making and compliance), human rights, commerce and governance. The essays discuss such diverse problems as: the role of foreign actors in the ethnic conflicts of Kosovo and Rwanda; the power the United States and the UK wield over international capital markets; and the adaptability of existing public international law to deal with the challenges wrought by globalisation.
Author: Miriam Saage-Maaß Publisher: Springer Nature ISBN: 3030738353 Category : Law Languages : en Pages : 340
Book Description
This open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
Author: Terence C. Halliday Publisher: Cambridge University Press ISBN: 1107069920 Category : Law Languages : en Pages : 559
Book Description
"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--
Author: Nina Reiners Publisher: Cambridge University Press ISBN: 110898830X Category : Law Languages : en Pages : 215
Book Description
Transnational Lawmaking Coalitions is the first comprehensive analysis of the role and impact of informal collaborations in the UN human rights treaty bodies. Issues as central to international human rights as the right to water, abortion, torture, and hate speech are often only clarified through the instrument of treaty interpretations. This book dives beneath the surface of the formal access, procedures, and actors of the UN treaty body system to reveal how the experts and external collaborators play a key role in the development of human rights. Nina Reiners introduces the concept of 'Transnational Lawmaking Coalitions' within a novel theoretical framework and draws on a number of detailed case studies and original data. This study makes a significant contribution to the scholarship on human rights, transnational actors, and international organizations, and contributes to broader debates in international relations and international law.
Author: Naiade el-Khoury Publisher: BRILL ISBN: 9004439765 Category : Law Languages : en Pages : 290
Book Description
In Irrational Human Rights? An Examination of International Human Rights Treaties Naiade el-Khoury pursues the question how effective international human rights treaties really are and offers a discussion on the effects of treaty mechanisms.
Author: Thomas Gammeltoft-Hansen Publisher: Taylor & Francis ISBN: 1315408252 Category : Law Languages : en Pages : 381
Book Description
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Notes on contributors -- Preface -- Introduction: human rights in an age of international cooperation -- Part I General issues pertaining to human rights and transnational law enforcement -- 1 Shared responsibility for human rights violations: a relational account -- 2 Extraterritoriality and human rights: prospects and challenges -- Part II Law enforcement and security operations -- 3 Transnational operations carried out from a State's own territory: armed drones and the extraterritorial effect of international human rights conventions -- 4 NSA surveillance and its meaning for international human rights law -- 5 Jurisdiction at sea: migrant interdiction and the transnational security state -- 6 Counter-piracy: navigating the cloudy waters of international law, domestic law and human rights -- 7 Rescuing migrants at sea and the law of international responsibility -- Part III Migration control and access to asylum -- 8 Relinking power and responsibility in extraterritorial immigration control: the case of immigration liaison officers -- 9 State responsibility and migration control: Australia's international deterrence model -- 10 Multi-stakeholder operations of border control coordinated at the EU level and the allocation of international responsibilities -- 11 A 'blind spot' in the framework of international responsibility? Third-party responsibility for human rights violations: the case of Frontex -- 12 The legality of Frontex Operation Hera-type migration control practices in light of the Hirsi judgement -- 13 The Dark Side of Globalization: do EU border controls contribute to death in the Mediterranean? -- 14 'Outsourcing' protection and the transnational relevance of protection elsewhere: the case of UNHCR -- Index
Author: Gregory Shaffer Publisher: Cambridge University Press ISBN: 1108836585 Category : Law Languages : en Pages : 411
Book Description
A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107164303 Category : Law Languages : en Pages : 645
Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Lauren Fielder
Author: Lauren Fielder
Author: Yoon Jin Shin
Author: Michael Likosky
Author: Miriam Saage-Maaß
Author: Terence C. Halliday
Author: Nina Reiners
Author: Naiade el-Khoury
Author: Thomas Gammeltoft-Hansen
Author: Gregory Shaffer
Author: Anne Peters