Illustrated with case studies from across the globe, Contesting Human Rights provides an innovative approach to human rights, and examines the barriers and changing pathways to the full realisation of these rights. Presenting a thorough proposal for the reframing of human rights, the volume suggests that new opportunities at, and below, the state level, and creative pathways of global governance can help reconstruct human rights in the face of modern challenges.
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Global Politics, Law and International Relations
Edited by Ben Wagner, Matthias C. Kettemann and Kilian Vieth
In a digitally connected world, the question of how to respect, protect and implement human rights has become unavoidable. This contemporary Research Handbook offers new insights into well-established debates by framing them in terms of human rights. It examines the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, its contributions draw on law, political science, international relations and even computer science and science and technology studies.
Procedural Protections, Gaps and Proposals for Reform
The UN’s capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. This book explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Applied to the UN’s internal justice, refugee status determination, NGO participation and the Security Council, the global administrative justice model is used to appraise the existing procedural protections within UN administrative decision-making.
Edited by Yannick Radi
The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.
Shadow and Light in International Human Rights
Isaac de Paz González
Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
European Perspectives on the Rights of Older Persons
Edited by Israel Doron and Nena Georgantzi
Europe is ageing. However, in many European countries, and in almost all fields of life, older persons experience discrimination, social exclusion, and negative stereotypes that portray them as different or a burden to society. This pivotal book is the first of its kind, providing a rich and diverse analysis of the inter-relationships between ageing, ageism and law within Europe.
Challenges at the Crossroads of the European, National and Private Spheres
Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.
Edited by Eva Brems and Saïla Ouald-Chaib
From the perspective of rights holders and duty bearers, human rights law appears as an increasingly complex field of law, consisting of different levels, actors and norms. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that may in some circumstances create obstacles for effective human rights protection. Against this background, this volume examines how to make sense – in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate.
The Role of Judicial and Non-Judicial Actors
Edited by Lorenza Violini and Antonia Baraggia
The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
Ecology, Technology and the Commons
Ugo Mattei and Alessandra Quarta
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? The Turning Point in Private Law explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. The authors pose a suggested list of basic principles for a new, ecological legal system in which private law represents a valid ally for defending our future.