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Political Science and International Studies (R0)

Selman Özdan

The Human Rights Challenge to Immunity in International Law

&lt;div&gt;1. Introduction.- 2.&amp;nbsp;From a State-Oriented to a Human-Oriented Approach.- 3.&amp;nbsp;Human Rights Recognised as Jus Cogens.- 4.&amp;nbsp;State Immunity or State Impunity in Cases of Jus Cogens Violations.- 5.&amp;nbsp;A Critique of the Demise of Heads of State Immunity in the Age of Human Rights.- 6.&amp;nbsp;Human Rights Versus Diplomatic Immunity.- 7.&amp;nbsp;Conclusion.&lt;/div&gt;&lt;div&gt;&lt;br&gt;&lt;/div&gt;

Hart Studies in European Criminal Law

This collection looks at the protection of victims' rights in EU law. Taking a four-part approach, it firstly focuses on the Victims' Rights Directive and the proposal for a Directive on combating violence against women. It then explores victims' rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland. Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.

Assessment and Prospects

Stronger Victims’ Rights in EU Law?

Gender, Justice and Legal Feminism

The edited volume aims at presenting the various forms of stereotyping. As a matter of fact, such logical inclination is not only perpetrated through common sense and public discourse, but also through regulation and various ethical practices. Law and politics, indeed, can have a relevant function in preventing the diffusion of bad and wrong gender stereotypes.

Case Studies, Policies and Theoretical Approaches

Gender Stereotypes

Swedish Studies in European Law

How should EU law respond to emergencies? More specifically, to what degree can fundamental rights be suspended in order to respond to an unprecedented crises? These questions are at the core of this open access book, asked initially in response to COVID-19 and its resulting restrictions but then as a more general conceptual examination. It looks at the question over five parts; opening with two general aspects: constitutional law and governance. It then takes a more applied approach, looking at three case studies: migration, climate change, and, of course, the COVID-19 pandemic. Fascinating, insightful and considered, it ensures lessons can be learnt. 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 Swedish Studies Network.

The Case of Covid-19, Climate Change and Migration

Emergency and EU Law

Human Rights Law in Perspective

This book makes a new and original contribution to the old debate about differences between socio-economic and civil and political rights, which has engaged human rights discourse over several decades. Although scholars and practitioners now agree that these categories are more alike than originally assumed, they continue to delineate them based on the alleged difference between immediate and progressive realisation. The book asks whether this differentiation is still valid by exploring the historical and theoretical background, the text of relevant UN human rights treaties, and the practice of the UN human rights committees. By so doing, it shows that the standards of realisation converge more than diverge and that this last remaining distinction should be abandoned. Human rights lawyers, advocates, practitioners and policy makers will find this book invaluable as it brings much needed clarification to this key question.

Immediate and Progressive Realisation in International Human Rights Law

Ius Gentium: Comparative Perspectives on Law and Justice

Comparative Perspectives

The Law on Marital Property in Africa

Millions of individuals worldwide struggle to understand and assert their legal rights without legal representation. Equalizing Justice examines how AI and other technologies can address this access to justice crisis by providing unrepresented litigants with knowledge and skills traditionally available only through lawyers. This volume takes a needs-first approach, identifying tasks that unrepresented litigants must complete and mapping specific technologies to each task, such as generative AI, computational logic, and document automation. The book highlights real-world applications, demonstrating proven impact, and presents case studies and interviews to explore both the potential positive outcomes and potential challenges of AI for access to justice. Equalizing Justice proves that AI technologies offer unprecedented opportunities to create equitable justice systems serving everyone, not just those who can afford representation. The volume argues for legal AI assistants as a public good that should be accessible to all.

Harnessing AI for Litigants Without Lawyers

Equalizing Justice

Law and Religion in a Global Context

This book is the first study to consider findings from sociology, legal anthropology, ethnology, legal pluralism, comparative law and theology in order to gain a better understanding of the diverse cultures of global Catholicism and the cross-cultural challenges arising from Roman Catholic canon law within the local churches. The author, renowned for her work at the intersection of socio-legal studies and canon law, examines the latter as a distinctive example of a European religious legal system that cuts across the myriad legal cultures of the local churches. In light of findings on legal transfer and legal colonialism, and by examining canon law within the emerging field of social and cultural studies approaches to law, her book sheds light on how canon law is imposed upon and received by the local churches around the world. It analyses the challenges and problems arising from the law’s transcultural claims within these churches. Based on these observations, the study discusses the critical stance of canon law within contemporary Catholicism and the current debates on a synodal reform of the church and its law.&nbsp; The book adopts different perspectives: As a sociological study, it describes the contemporary Eurocentrism of global canon law and the conflicts arising from it. As a theological study, it presents ecclesiological reasons for challenging the hegemony of global legislation. As a study of canon law, it suggests ways in which legislation could permit greater diversity while maintaining the unity of the universal church. By analysing canon law as a specific example of a religious legal order with cross-cultural ambitions and global claims, the book also contributes to the study of transnational law in general by illustrating the typical problems that accompany transnational legal regimes in both secular legal systems and religious groups.
This is an open access book.

Global Catholicism, Glocal Legislation, and the Local Churches

The Cultures of Canon Law

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

International Law in Asia

This book fills a critical gap in research on the shipbreaking industry by analyzing the shortcomings of current international and domestic laws. It argues that existing frameworks, such as the Hong Kong Convention and Basel Convention, are insufficient in protecting workers' health and safety, as evidenced by ongoing fatalities and work-related diseases in South Asia's shipbreaking industry.

The book proposes a new framework that goes beyond prevention to include compensation, holding international shipowners accountable for the harm caused to workers. This includes introducing a Shipbreaking Liability Certificate (SLC) and accompanying insurance, ensuring that affected workers or their families receive compensation. Drawing on lessons from other industries with successful regulatory changes, the book suggests that these measures be adopted under a legal framework supported by the International Maritime Organization (IMO).

In addition to its practical recommendations, the book contributes a new theoretical approach by applying rectificatory global justice to the issue of shipbreaking, an area largely unexplored in existing literature. The combination of legal analysis and case studies provides a strong foundation for the proposed civil liability framework, offering a comprehensive solution to the challenges faced by the shipbreaking industry. This book is essential reading for anyone involved in the shipbreaking industry, from policymakers and legal experts to shipowners and international organizations.

Developing a Framework for International Legal Accountability

Worker Injustices in the South Asian Shipbreaking Industry

Exploring sexuality and what constitutes appropriate sexual behaviours in South Africa and Zimbabwe, this book views sexuality as an instrument of social regulation and traces the historical continuities between colonialism and current debates.A powerful look at the key elements of gender relations, post-colonial nationhood and sexual rights, this book is an invaluable legal reference resource for all those interested in the interface between sexuality, gender and the law.

The Legacy of Venus Monstrosa

Sexuality and the Politics of Rights in Southern Africa

Institutions, Politics, and Processes

Constitutional Law in Contemporary America: Volume 1

Studies in International Law

This book makes a simple but consequential claim: individuals who decisively influence a state's decision to use armed force should be held criminally responsible for aggressive war. Challenging the prevailing orthodoxy, it reinterprets the leadership clause in the definition of the crime of aggression and offers a new responsibility framework that reflects how decisions about war are actually made. Under this approach, liability is not confined to heads of state and top military leaders but extends to civilian power brokers, private actors, and third-state officials who are present at key moments of deliberation and, as reason-giving and reason-demanding participants, exercise decisive influence over whether a state goes to war or continues one. By clarifying who counts as a 'leader' and why, the book charts a principled middle path between overcriminalizing ordinary participants in war, such as common foot soldiers and private citizens, and exempting those who set unlawful wars in motion. Drawing on an eclectic set of sources, the book offers a timely rethinking of individual responsibility for the unlawful uses of force.

Responsibility for the Crime of Aggression under International Law

The Human Rights Challenge to Immunity in International Law

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