This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.
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Edited by William A. Schabas and Shannonbrooke Murphy
Edited by Ann Numhauser-Henning
The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
Noam Zamir provides a thorough examination of the theoretical basis of classification of conflicts in international humanitarian law (IHL), with special focus on the legal impact of armed foreign intervention in civil wars. Classification of Conflicts in International Humanitarian Law enriches the discourse on IHL by providing an in-depth analysis of classification of conflicts and examining recent civil wars with foreign interventions, such as the Libyan civil war (2011), Mali civil war (2012-2015) and the ongoing civil war in Yemen.
Edited by Alison Brysk and Michael Stohl
The 21st century demands expanding rights, as the established human rights regime is necessary but not sufficient. This project will analyze the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability. Our multi-disciplinary, multi-method analysis draws from a full range of global experience, with balanced attention to civil-political and social-economic rights; from LBGT movements in the new Europe to campaigns for the right to food in India.
- Elgar Research Reviews in Law
Sandra Fredman and Meghan Campbell
Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. The sophisticated and constructive solutions developed by the fore most thinkers to fully recognize socio-economic rights are drawn together in this research review. They demonstrate how traditional concepts and obstacles can be re-characteried and modified to ensure respect for the indivisibility of human rights. This research review provides crucial insights into the emerging and perennial challenges to socio-economic rights. It is an ideal resource for those new to the study of socio-economic rights, academics and policy-makers and all those interested in using human rights to achieve social justice.
- Elgar Studies in Human Rights series
Penelope Mathew and Tristan Harley
Regional cooperation is sometimes seen as the answer to refugee movements. This book examines whether regional arrangements have resulted in protection and durable solutions for refugees and how responsibility for refugees has been shared at the regional level. Posing critical questions about responsibility-sharing and regionalism, the book is a timely contribution on an issue garnering increasing attention as a result of maritime arrivals in the Mediterranean and Southeast Asia.
New Philosophy and New Law for a Troubled World
There is a vacuum of philosophy to make sense of a world dominated by a disorderly global economy, by science and engineering, by ideologies, and by popular culture. There is a vacuum of law to bring order to relations between states that are more threatening than they have ever been. Thomas More’s Utopia (1516) re-thought everything in another difficult new world. Philip Allott’s Eutopia (2016) reclaims the best of human thought to empower us in making a better human world.
- Elgar Research Reviews in Law
This research review takes stock of the important legal scholarship devoted to the multifaceted impact of international law on migration. It highlights the great diversity of the legal literature and provides a representative and didactic mapping of the key issues and rules at stake. The discussion explores the core notions of movement, sovereignty and globalization, the complex and conflicting issues raised by alienage, citizenship and the rule of law as well as the main controversies surrounding the legal protection of migrant workers and refugees in contemporary international law.
- Research Handbooks in International Law series
Edited by Róisín Mulgrew and Denis Abels
Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, this handbook critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it also explores broader normative questions related to international punishment and makes recommendations for the international penal system’s development.
Edited by Martin Scheinin, Helle Krunke and Marina Aksenova
This book considers the many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. The contributors, both academics and judges, discuss key examples of contemporary challenges to judging – including the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.