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Law and Criminology (R0)

Flavia Piovesan

Armin von Bogdandy

Eduardo Ferrer Mac-Gregor

Mariela Morales Antoniazzi

Inter-American Court of Human Rights and Its Transformative Impact

Addressing Structural and Emerging Regional Challenges

&lt;p&gt;1) Introduction.- PART 1 &amp;ndash; INTER-AMERICAN COURT OF HUMAN RIGHTS AND ITS TRANSFORMATIVE IMPACT.- 2) Enduring Impact, Institutional Resilience and Future Trajectories of the Inter-American Court of Human Rights.- 3) Keeping Transformation Alive: Narrative Technologies in Latin American Inter-American Human Rights Practice.- 4) Dialogue between Brazil&amp;rsquo;s Federal Supreme Court and the Inter-American Human Rights System: a perspective from the context of Brazil&amp;rsquo;s structural processes.- 5) The Inter-American Court of Human Rights and other Regional Human Rights Courts: Comparative Perspectives from Europe with Specific Focus on Addressing Climate Change.- PART 2 - INTER-AMERICAN COURT OF HUMAN RIGHTS: ADDRESSING STRUCTURAL REGIONAL CHALLENGES.- 6) The Weight of the Inter-American Court&amp;rsquo;s Jurisprudence in the Argentine Process to Obtain Justice for Massive Crimes.- 7) Inter-American Court and the Protection of Judicial Independence.- 8) Inter-American Court and the Protection of Democratic Institutions.- 9) Impact of the Implementation of Inter-American Decisions from the Perspective of Strategic and Dialogical Monitoring of Public Policies on Investigations into Serious Human Rights Violations.- 10) The Inter-American Court of Human Rights and the Direct Justiciability of Social Rights (With Regard to Advisory Opinion OC-31 on the Right to Care).- 11) Inter-American Court of Human Rights, Intersectionality, and the Combat of Historical and Structural Discrimination.- 12) Feminist Constitutionalism and the Transformative Potential of the Inter-American Jurisdiction in Brazil and Latin America.- 13) Symbolic Impact of the Inter-American Court&amp;rsquo;s Decisions: Meanings, Memories, and Mobilizations in LGBTI+ Cases.- 14) Older Persons and the Inter-American Court of Human Rights: &amp;nbsp;Standards and Impacts.- 15) Child Rights Approach and Inter-American Jurisprudence The Ius Constitutionale Commune in Latin America (ICCAL).- 16) Indigenous Rights and the Inter-American Court of Human Rights: &amp;nbsp;The Xukuru Case and Its Domestic Implementation in Brazil.- 17) The Transformative Impact of the IACtHR Jurisprudence on Afrodescendant Peoples in Latin America: Beyond Equality and Difference.- 18) Inter-American Court of Human Rights and persons deprived of their liberty.- 19) The Transformative Impact of Inter-American Jurisprudence on Enforced Disappearances.- PART 3 - INTER-AMERICAN COURT OF HUMAN RIGHTS: ADDRESSING EMERGING REGIONAL CHALLENGES.- 20) Democracy, Judicial Activism and the Inter-American Court.- 21) Inter-American Court of Human Rights, academic freedom, and university autonomy: pillars for democratic resilience.- 22) The Inter-American Court of Human Rights on the Climate Emergency: Opportunities, Limits and Comparisons &amp;ndash; vers&amp;atilde;o final entregue.- 23) The Inter-American Court of Human Rights and Climate Change: Contributions on Intergenerational Equity to Recent International Advisory Proceedings &amp;ndash; vers&amp;atilde;o final entregue.- 24) Digital transformation and human rights: new challenges for transformative constitutionalism.- 25) Inter-American Court of Human Rights and Structural Algorithmic Discrimination of Vulnerable Groups.- 26) The Ongoing Latin American Transformation: The Human Right to Care.&lt;/p&gt;

Reimagining the Limits of Free Speech under International Law

A fairer, healthier, more caring and sustainable society is entirely within our grasp. The renowned co-author of The Spirit Level shows us the way.'An uplifting vision for solving inequality that benefits everyone' ANDY BURNHAM'Poverty and inequality are at the heart of all our problems. Kate Pickett's book shows how tackling them must be at the heart of our solutions too' ZACK POLANSKI'Just what these times are crying out for' KATE RAWORTHHow do we ensure that everyone has good health and receives the care they need? How do we provide education that allows every child to flourish? How do we ensure safety, justice and a sustainable environment for all?In this inspiring book, world-leading social scientist Kate Pickett shows that to make a good society - in which everyone has what they need to be well, and everyone would be better off - we must prioritise the health, care, education and rehabilitation of those who have the least and suffer the most. Drawing on decades of proven solutions and success stories from around the globe, The Good Society cuts to the essence of the challenges we face and presents us with a practical, perspective-shifting vision for how to tackle them.'Genuinely transformative. A powerful and deeply humane vision that focuses on what really matters' DANIEL CHANDLER'Daringly optimistic' FINANCIAL TIMES'Electrifying' POLLY MORLAND'Vital ... shines a light for hope' INDEPENDENT

And How We Make It

The Good Society

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

Ius Gentium: Comparative Perspectives on Law and Justice

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

Social Rights, Inequalities and Affirmative Action

Global Lessons from Hungary

Academic Freedom and Authoritarianism

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

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

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

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

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

Global Energy Law and Policy

This book provides a multi-jurisdictional analysis of the role of law in accelerating the development of floating offshore wind energy. With ongoing technological advancements in the context of the energy transition, floating offshore wind represents a significant advancement in the global transition towards sustainable energy. Debates around the inherent ecological tensions raised by fixed-bottom offshore wind turbines, as well as the value of deeper offshore wind exploration, are considered alongside unanswered questions on the complexity of the marine environment and its governance in relation to the deployment of floating offshore wind energy. Other questions focus on marine spatial planning, licensing and permitting procedures, and the safety of installing and maintaining complex offshore energy infrastructure. Although these issues partially coincide with those related to traditional bottom-fixed installation, the book provides an opportunity to test the extent to which traditional legal and regulatory strategies may or may not be suited to the fast-growing deployment of floating offshore wind energy. Written by experts across multiple jurisdictions where floating projects are being developed, the book unlocks new thinking on regulatory modelling and design at a time when floating wind is expected to resolve the complexity of the Energy Quadrilemma.

Global Insights

The Law and Policy of Floating Offshore Wind

Foundations, Flaws, and Futures

Fundamental Rights for Non-Humans

Inter-American Court of Human Rights and Its Transformative Impact

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