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Shapiro A: De Facto vs De Jure

De Facto vs De Jure

The Truth About the Government Claiming Authority Over You

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

Trading Women's Rights in Transitions is about how women's rights are traded away by diplomatic actors directly in exchange for immediate political or other settlements, and indirectly in terms of being left off the international agenda with long-term consequences.

Trading Women's Rights in Transitions

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Modern Studies in European Law

This timely edited collection offers a critical and multidisciplinary examination of the European Union's Migration and Asylum Pact, marking the third major reform phase of the Common European Asylum System. As the EU seeks to present a unified and effective response to migration challenges, the Pact introduces sweeping changes-from border procedures and asylum processing to external partnerships and data-driven governance. Bringing together leading scholars, legal practitioners, and NGO experts, the collection explores the Pact's implications ahead of its implementation. Contributors interrogate its legal foundations, political motivations, and operational mechanisms, offering insights into how the EU balances efficiency with fundamental rights, solidarity with sovereignty, and innovation with accountability. Organised around four central themes - political solidarity, border management, external cooperation, and rights compliance - the volume highlights the tensions and contradictions within the Pact. It asks: Can the EU harmonise divergent national approaches to migration? Will faster procedures compromise legal safeguards? How will partnerships with third countries affect asylum seekers' rights? With chapters covering topics such as AI at the border, the coloniality of digital technologies, and the role of EU institutions in enforcement and oversight, this book is an essential resource for academics, policymakers, lawyers, and students. It offers not only a critique but also a roadmap for understanding the future of asylum governance in Europe.

A Fresh Start?

The European Union's Pact on Migration and Asylum

For decades, LGBTI people simply did not exist in the language of international human rights law. No treaty named them, and no UN body addressed their demands. They had been written out of the universal promise of human rights. Based on archival research in Amsterdam and London, three years of participant observation at the UN, and in-depth interviews with activists, diplomats, and UN officials, Queer International Activism tracks the strategies, coalitions, and creative advocacy efforts through which LGBTI activists gradually inserted themselves into the world's most powerful human rights institutions. &nbsp;&nbsp;The book traces five distinct ways in which queer civil society organizations worked to reshape human rights subjecthood: reframing the meaning of universality; drafting their own international legal instruments; forging coalitions inside UN bodies; confronting the colonial assumptions embedded in global sexuality politics; and leveraging personal relationships and individual identity to open doors that formal institutional rules kept closed. But this is not a straightforward victory narrative. The power queer activists have won is real but precarious, built on relationships and opportunity rather than on deep institutional change, and the influence activists have gained depends on conditions that can disappear. As opposition to LGBTI rights escalates across the globe, this book underscores the urgency of understanding how queer activist changed the trajectory of human rights law, and how fragile these victories remain.

Crafting New Subjects of Human Rights

Queer International Activism

This book demonstrates how legal knowledge is a vital, empowering tool in human rights education. Despite the centrality of international human rights law to the global rights framework, its role in human rights education (HRE) - particularly in schools and community settings - has been sidelined, dismissed as either too technical or too politically problematic. This book challenges that marginalisation head-on. It examines how legal knowledge is framed, valued, or rejected in the theory and practice of HRE, engaging critically with the prevailing trends in the field: one that gestures toward law but avoids depth, and another that disavows law entirely in favour of culturally embedded alternatives. Through a close reading of scholarship and policy, combined with insights from educational theory and socio-legal studies, the book argues for law's role as a form of "powerful knowledge" in HRE. It contends that access to and understanding of legal norms and mechanisms are not only essential for meaningful rights education but are themselves enabling rights in practice. The book will be of interest to scholars and students of human rights, legal pedagogy, and education policy, as well as practitioners developing HRE programs. It offers a timely, nuanced intervention into a field grappling with deep epistemological and political tensions, and reasserts the value of law in the struggle for rights.

The Role of Law in Human Rights Education

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 40 (2024) (Volume III)

This open access book examines the role played by international, regional and national legal frameworks in holding corporations operating in the natural resource sector accountable for human rights violations in the Global South. Influential scholars from across the world address pressing issues concerning the integration of business and human rights standards for better governance of natural resources. They focus particularly on extractive and multinational companies in the Global South and their role in the transition to net zero societies. The book also examines legal mechanisms for corporate accountability under international, human rights and transnational law, using case studies from selected countries across Africa, Asia and Latin America. The book reviews proposals for an enforceable legal framework to hold corporations accountable for human rights abuses and environmental damage. It considers initiatives such as the OECD Guidelines on Multinational Enterprises, the UN Guiding Principles on Business and Human Rights, the UN's Draft Business and Human Rights Treaty, and the European Union Corporate Sustainability Due Diligence Directive. The book is essential reading for researchers working in the fields of business and human rights law, natural resources law, environmental law and international law, as well as corporate and human rights practitioners litigating in the energy and natural resources sectors. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Bloomsbury Open Collections Library Collective.

Accountability for a Just Transition

Business, Human Rights and Natural Resource Governance

Drawing on broader legal-political discourses within the party-state and institutionalised academia, this book shines a light on one of the most controversial legal principles in Chinese criminal justice: the presumption of innocence. It argues the reasons why there is no presumption of innocence in China, tracing the curve, or evolution, of academic discourse about presumption of innocence against the backdrop of changing politics, or varying emphases on national conditions, from Mao Zedong to Xi Jinping. The book deepens our understanding of the trajectory of criminal justice reforms in the party-state and shows how the more open and liberal phases of the reform era opened up some space for pluralist views and constructive criticism. In comparison, the second wave of autocratisation of the system influenced the conception of the criminal and paved the way for an illiberal turn.

De Facto vs De Jure

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