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Roshan Ekka: HUMAN RIGHTS

HUMAN RIGHTS

WHAT, WHY AND HOW?

Hart Studies in European Criminal Law

This book offers a comprehensive legal analysis of the urgent challenges posed by deepfakes, focusing on the restrictive measures proposed or introduced to address their related harms. Readers will gain a clear understanding of the harms associated with deepfakes - especially in areas like non-consensual sexualised content and political disinformation - and how criminal and digital regulatory systems are attempting to respond. From a criminal law perspective, the book offers a dual-level critique. On the one hand, criminal law is invoked for its expressive and symbolic function, particularly in response to the discriminatory and gender-based harms often associated with deepfakes, as well as the broader need to prevent systemic risks to democratic society when it comes to electoral manipulation and freedom of thought. Here, criminal law would play a vital role in affirming societal condemnation of such conduct and in acknowledging the serious impact on victims. On the other hand, its use is increasingly entangled with emerging frameworks of digital regulation, taking on a more instrumental role in defining illegal content and reinforcing standards shaped primarily by private platforms and regulatory bodies. This dual function raises fundamental questions about the legitimacy and efficacy of using criminal law-the most coercive form of state power-for purposes that extend beyond its traditional scope. Additionally, the book explores regulatory measures aimed at controlling deepfakes, considered both as AI-generated content and as harmful online material. Discussions around content moderation, transparency duties-such as labelling and watermarking-and safety by design measures are gaining attention globally, with the European Union's Digital Services Act and AI Act leading the way. The book's primary goal is to bridge the two worlds of criminal law and digital regulation through a careful and critical analysis, making it a valuable resource for a broad audience.

Harmful AI-generated Content between Criminal Law and Digital Regulation

Addressing Deepfakes

The book offers a comprehensive and innovative examination of how international law and institutions navigate the complexities of modern conflicts and crises. It is structured around four key themes which provide an integrated approach to understanding the legal and institutional responses to today’s global challenges.&nbsp;The first theme, Public International Law in Conflicts and Crisis, critically explores the failures and gaps in current legal frameworks, such as the ineffectiveness of&nbsp;jus ad bellum&nbsp;and&nbsp;jus in bello&nbsp;in the Russia-Ukraine war and the limitations of international organizations, revealing the inadequacies of existing international regulations.&nbsp;The second theme, Migration, Refugee Protection, and Human Rights in Contemporary Crises analyzes how global crises, including pandemics, exacerbate existing inequalities and disrupt traditional protection frameworks. It offers a critical analysis of the legal status of settlers, the protection challenges for unaccompanied refugee children, and the broader implications of global crises on human rights.&nbsp;Geopolitical Dynamics and Institutional Responses in a Changing World forms the third theme, analyzing how shifting power structures and geopolitical tensions reshape international law and institutional responses. This section provides insights into regional conflicts, such as those in Southeast Asia and the Middle East, examining how global governance struggles to adapt to evolving challenges.&nbsp;The final theme, Evolving Socioeconomic Landscapes of Power Structures Amid Crisis, focuses on how crises influence corporate responsibility, economic resilience, and international trade. Introducing innovative legal perspectives like Egocentric Legal Formalism (ELF), it explains the impact of crises on global power asymmetries.This book is essential for policymakers, legal professionals, international relations scholars, and anyone interested in understanding the multifaceted legal and institutional responses to conflicts and crises in the 21st century. Its interdisciplinary approach, combining legal theory with practical analysis, offers valuable insights into navigating today’s global challenges and shaping more effective responses for the future.

International Laws and Regulations Through Conflicts and Crisis in the 21st Century

Bhogal on Anti-social Behaviour remains the first port of call for everyone working in the area of, and carrying out, anti-social behaviour work. The third edition has been fully updated to provide analysis of the revised guidance, with commentary explaining legislation and statutory guidance and what they mean for those working in this field. It clearly explains through the use of case studies, practical examples and tactical advice how the tools operate and how they may be used to best effect. The third edition includes: · Updated statutory guidance · Coverage of the removal of CBOs to the Sentencing Act 2020 · A new and complete section on "expedited" PSPOs · Several news cases on the tools and powers, including Leeds City Council v Persons Unknown, Jones v Birmingham City Council, Thurrock Council v Stokes, Rosebery Housing Association Ltd v Williams on injunctions, R. (on the application of Hacking) v Stratford Magistrates' Court on CPNS, Tossici-Bolt v Bournemouth, Christchurch, and Poole Council on PSPOS · The Housing Ombudsman's report from January 2024 on 'Attitudes, Respect and Rights, Relationship of Equals'. This title is included in Bloomsbury Professional's Local Government Law online service.

Bhogal on Anti-Social Behaviour

Company law, as a specialised branch of business law, is uniquely shaped by contemporary challenges that often redefine traditional legal concepts. Historically, the study of company law has been approached through the lens of individual legal systems rather than a broader, comparative perspective. Addressing this gap, this advanced textbook offers a comprehensive comparative analysis of common law and civil law traditions.The book focuses on the interplay between the UK legal system and the European Union's legal framework through the analysis of some EU states' legal systems. It examines company law in common law jurisdictions, particularly England and Wales, alongside Scotland, while integrating the latest legislative developments within some states of the EU, for instance, Italy and Germany. Through this comparative lens, the textbook explores pressing contemporary issues, such as the pursuit of sustainability and the green agenda, and technological evolution, in particular, AI, analysing their impact on the foundational principles of company law.Marking the 20th anniversary of the passing of the Companies Act 2006, Comparative Company Law serves as a bridge between common law and civil law, combining tradition with innovation. It provides a nuanced exploration of how modern challenges, ranging from sustainability to human rights, reshape the structure of company law, making it an essential resource for advanced students and scholars.

Human Rights, Sustainability and Technological Advancements

Comparative Company Law

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.

Presumption of Innocence Under China's 'National Conditions'

Global Challenges in the Environmental Humanities

Adopting a multidisciplinary approach to climate adjudication, this open access book addresses how adjudicators decide cases by considering the influence of psychology, philosophy, legal education, film, literature, political economy, political ecology, judicial appointments, history, and climate science on their decision-making and ultimately on the (inconsistent) outcomes in climate cases. Drawing upon the humanities, science of climate change and/or social sciences to identify extra-legal factors that may drive the decision-making processes and outcomes of climate cases, this book uses case studies from different jurisdictions across the globe, addressing climate cases decided or pending in Africa, Asia, Europe, Latin and North America, and Oceania. In all, the volume will: - Engage with extra-legal influence to how show judges and arbitrators make their decisions in climate cases, shedding light on the inconsistent responses that climate cases have generated so far - Challenge assumptions of legal universalism, by recognising differences in how the law works in various - Inform actors involved in climate litigation (lawyers, judges, arbitrators, disputants), policymakers, and the public about how cases are decided. 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 Universities of Cambridge, Newcastle and Oxford.

Exploring Extra-Legal Factors

Adjudicating Climate Change

Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice

The edited collection gathers contributions from across the world and engages in constructive debate about fundamental issues regarding Indigenous peoples in connection with issues of crime and harm. It provides the most diverse and global coverage of this topic across five continents. Existing explorations of Indigenous peoples in relation to issues of crime and harm have proven valuable in challenging, decentring, and renewing criminology. Yet, this research area remains at the margins of criminology, and many fundamental questions—such as the meaning of ‘being Indigenous’—await deeper exploration. Key themes explored by the book include: the meaning of Indigeneity; Indigenous epistemologies, Indigenous cosmologies, and their implications for the study of crime; the meaning of ‘crime’ for Indigenous peoples; causes, consequences, and types of crimes and harms against Indigenous Peoples; Indigenous peoples and gender; Indigenous systems of justice; and Interactions between Indigenous Peoples and state criminal justice systems. This collection does not seek consensus but reflects diversity and depth. It offers an introduction to Indigenous criminology and fundamental concepts, as well as a series of case studies and more intricate theorisation.David R. Goyes
 is a researcher at the University of Oslo, Norway, with a PhD in criminology. He has contributed extensively to the study of North-South global relations, environmental conflicts, and Indigenous issues. Goyes is editor-in-chief of the 
 International Journal for Crime, Justice and Social Democracy
 and a member of several editorial boards.
 Angie Cuchimba
 is a researcher at the Universidad Antonio Nariño, Colombia. Cuchimba holds a law degree from the same university. She is an Indigenous leader in the Nasa Community and has represented her People worldwide in diverse meetings. Together with Goyes, Cuchimba has published articles about Indigenous rights and justice in some of the best journals in the world.

Indigenous People, Crime, and Harm

Modern Studies in European Law

Structural Principles of EU Law

What justice requires when people change but their sentences stay the same. America loves a second chance story. Yet people convicted of serious crimes are seldom given one. Years after taking responsibility and working to repair harm, many remain behind bars under sentences that offer no meaningful opportunity to demonstrate rehabilitation. Bending the Bars confronts this profound double standard at the heart of American punishment. Grounding law and policy in the lived experiences of people directly affected by extreme sentences, Jessica S. Henry shows why accountability and public safety do not require endless punishment. She argues for a new framework that combines second chance mechanisms--including second look laws and stronger reentry support--and that recognizes the human capacity for change. Urgent and clear-eyed, this book challenges us to rethink who deserves a second chance, who gets to decide, and what justice demands beyond defining a person by the worst thing they have ever done.

The Case for Second Chances in American Justice

Bending the Bars

This volume provides a comprehensive legal examination of BIMSTEC’s evolving institutional framework, critically analyzing its role in fostering regional cooperation and partnership in alignment with SDG17. The book explores how legal frameworks can serve as mechanisms for strengthening regional integration, enhancing policy coherence, and promoting multi-stakeholder partnerships across BIMSTEC member states. By engaging with legal scholarship and comparative regional models, it evaluates how BIMSTEC can facilitate cross-border trade, investment, and regulatory harmonisation to create a more interconnected and resilient economic bloc. The chapters collectively address the legal dimensions of SDG 17 by examining BIMSTEC’s potential in fostering public-private partnerships, improving regional governance structures, and establishing inclusive legal frameworks for sustainable development. Key themes include legal mechanisms for trade and investment integration, transnational crime cooperation, refugee governance, environmental stewardship, etc. The volume further delves into sector-specific legal reforms that can enhance institutional collaboration and knowledge-sharing within the BIMSTEC framework, drawing lessons from other regional organizations such as ASEAN and the EU.
With contributions from leading legal scholars, policymakers, and jurists, this book is an essential resource for those engaged in international law, regional governance, and sustainable development. By centering its analysis on SDG 17, it offers actionable legal insights into how BIMSTEC can strengthen institutional partnerships, advance collective decision-making, and reinforce the legal infrastructure necessary for achieving long-term regional cooperation.

Pathways to Sustainable Development and Regional Cooperation

Legal Reforms in BIMSTEC Member-States

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

HUMAN RIGHTS

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