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This PDF eBook is produced by a third-party. We have requested that the file be made accessible and compliant with the European Accessibility Act (EAA). However, we have not been able to fully verify

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Law and Criminology (R0)

Francesca Capone

Dual-use Objects under International Humanitarian Law: Towards a Paradigm Shift

&lt;p&gt;Chapter 1. Introduction: “Dual-Use Objects” as an Undefined and Controversial Notion.- Part I. Laying the Theoretical Foundations of Dual-Use Objects under International Humanitarian Law.- Chapter 2. The Mainstream Approach to Dual-Use Objects: A Legal/Historical Excursus.- Chapter 3. Redefining the Notion of Dual-Use Objects: Is “Military Objectives” the Right Label?.- Part II. The Elements of the New Paradigm: Revisiting Dual-Use Objects under International Humanitarian Law.- Chapter 4. Shedding Light on the Civilian Function of Dual-Use Objects and Its Relevance for the Key IHL Principles.- Chapter 5. The Centrality of the Reasonable Military Commander Standard in the Paradigm Shift.- Chapter 6. Concluding Remarks: Reconciling the Notion of Dual-Use Objects with the Key Tenets of International Humanitarian Law.- Index.&lt;/p&gt;


Supporting the Legal Capacity of All Persons with Disabilities

Implementing the Right to Decide Under the Convention on the Rights of Persons with Disabilities

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

Studies in International Law

This book offers a foundational rethinking of how international law engages with non-state effective territorial entities - territories that, while legally part of a recognised state, are de facto governed by non-state actors or other states. These entities - ranging from ISIL-controlled areas in Syria to the contested territory of Crimea, the autonomous Somaliland, and Taiwan - occupy an increasingly prominent place in global politics, yet remain inadequately addressed in legal doctrine. Rather than assessing these territories through the binary lens of statehood, the book begins by assuming their non-state status and asks: what legal capacity and responsibilities do such entities hold under international law? It considers their obligations toward both other states and the populations under their control, and explores the broader implications for concepts like sovereignty, territorial integrity, and recognition. Drawing on four case studies across a spectrum of state-likeness, the book moves beyond isolated analyses of conflict or self-determination to offer a more holistic account of what these entities reveal about the limits and possibilities of the current international legal framework. It argues for a more functional, capacity-based understanding of legal responsibility that acknowledges the realities of territorial control without forgoing the notion and role of statehood. Combining doctrinal clarity with pragmatic ambition, this book challenges the state-centric foundations of international law and offers a roadmap for engaging with one of its most pressing contemporary challenges: the legal accommodation of non-state territorial authority in a world still structured around states.

Re-Thinking Capacity and Responsibility in International Law

Non-State Effective Territorial Entities

International Law and the Global South

This book provides comprehensive discussions on the instruments, mechanisms and debates relevant to tackling biopiracy and protecting the rights of indigenous peoples and local communities in that context.&nbsp;Biopiracy is one of the most controversial issues in the international society and indigenous peoples and local communities have been the main victim of biopiracy because although they have made enormous contributions to the conservation of biological and genetic resources and development of associated traditional knowledge, they have been rarely acknowledged and few benefits have been shared.Against this backdrop, this book surveys biopiracy cases around the world, analyses and discusses the international regimes relevant to biopiracy, and suggests possible ways forward; namely the instruments or mechanisms to tackle biopiracy and protect the rights of indigenous peoples and local communities based on the international regimes. It provides a comprehensive picture on the rights of indigenous peoples and local communities in the context of biopiracy by analysing international biodiversity, human rights and intellectual property regimes as a whole. Moreover, unlike others, this book also suggests how to improve domestic laws and institutions to tackle biopiracy and protect the rights of indigenous peoples and local communities to genetic resources and associated traditional knowledge in accordance with the international regimes by, for instance, providing the core elements of the model laws and institutions.For these reasons, the book will be a good guide for students and researchers who are interested in laws and policies on the (sustainable) use of biological and genetic resources. Particularly, given that with the adoption of the Nagoya Protocol, scientists (particularly, biologists) need to understand international biodiversity and intellectual property laws and institutions, this book will be useful for them. Moreover, as indigenous peoples and local communities are the main victim of biopiracy, this book will help indigenous rights activists and organizations working to protect their rights.

Protection of Bio-rights of Indigenous Peoples in International Law

Routledge Research on the Law of the Sea

This book examines the relationship between international fisheries law and international biodiversity law in the context of the increasingly volatile ocean conditions of the Anthropocene.Using a theoretical approach, the book analyses interactions between fisheries and biodiversity law. The author assesses the fulfilment of objectives around conservation and sustainable use to allow readers to understand the collective narratives and priorities of international fisheries and biodiversity regimes. The book also features insights into recent international legal developments, including the treaty on marine biodiversity beyond national jurisdiction, and potential sites of enhanced cooperation between regimes.This book will be of interest to legal scholars, scientists and practitioners, particularly those in the areas of law of the sea, biodiversity law, environmental law, and international fisheries law.

Examining Divergent Regime-Based Narratives in the Anthropocene

International Fisheries and Biodiversity Law

This book examines whether a principle of fair sharing exists in international refugee law and, if so, how it should be defined. The 1951 Refugee Convention requires States Parties to share the 'burdens' borne by States of asylum, yet it neither guarantees 'fair burden and responsibility-sharing' between States nor clarifies what this obligation entails. It also leaves 'fairness towards refugees' in burden and responsibility-sharing matters outside the scope of this obligation. To address this problem, the Global Compact on Refugees recognises 'equitable burden and responsibility sharing' as the primary guiding principle of the legal rule concerning international cooperation in the 1951 Refugee Convention. Yet it does not define the legal meaning of 'equitable' in the context of fair sharing, nor does it clarify the normative requirements of this principle. It also relies on voluntary contributions of States for the translation of this principle into practice, thereby leaving key questions unresolved. This book addresses these gaps by conceptualising fairness through the principle of equity. It explores how fairness, by virtue of equity, can be realised in practice, setting boundaries on State discretion while accommodating the specific circumstances of host States and refugees alongside the common good of the international community. It also relies on other relevant principles, namely solidarity and good faith, to bolster its argument. Drawing on legal doctrine and the case law of the international courts and tribunals, it establishes there is an obligation arising from the legal pattern spanning from the Refugee Convention to the Refugee Compact and further provides a framework for giving practical effect to this obligation. Offering a rigorous and original contribution to debates on fairness and burden and responsibility-sharing, this book will be essential reading for scholars, practitioners, and policymakers concerned with refugee protection and the future of international cooperation.

An Equity-based Approach to State Responsibility

Fair Sharing in International Refugee Law

American Studies Now: Critical Histories of the Present

How policing has fundamentally shaped the Latinx experience.The history of Latinx groups in the United States has been marked, from the beginning, by experiences of criminalization and violence at the hands of law enforcement. Marisol LeBrón argues that policing has left an indelible mark on Latinx communities across the country and has come to shape our understanding of what it means to be Latinx. Spanning the nineteenth century to the present, Policed examines how policing became a key component in the formation of Latinx identity and political consciousness, and still lies at the heart of many pressing issues confronting Latinx communities today, including immigration, employment, health, and housing. More than simply telling a story of police brutality and harassment, LeBrón powerfully shows that Latinx people have continually resisted state violence and worked to build a more liberated future.

A Latinx History of State Violence

Policed: Volume 19

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Environmental Multilateralism and its Discontents

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

Modern Studies in European Law

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

Dual-use Objects under International Humanitarian Law: Towards a Paradigm Shift

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