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The Ashwander Trap

Shapiro A: The Ashwander Trap

How Every Benefit You Accepted Became a Right You Surrendered

Routledge Research in Human Rights Law

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Jurisdiction, Immunity and Transnational Human Rights Litigation

Human Rights Law in Perspective

Palestinians have used the language of human rights to articulate their struggle against the Israeli occupation and internationalise the injustices they face. Palestinian young people learning about human rights at school experience a dissonance between the aspirational and internationalised framework of those norms and the layers of injustice of their own lived experience. Drawing on research in the occupied West Bank, this book explores the three layers of marginalisation faced by Palestinian young people - the Israeli occupation that denies them their humanity; the Palestinian pseudo-state that denies them a voice; and patriarchal structures that deny them agency - to show how these barriers influence their understanding of, and scepticism towards, human rights. Influenced by decolonial theories, this book illuminates how space needs to be created for the counter-narratives of the oppressed in human rights discourse, which may not align with more conventional representations of human rights. It contends that human rights and, by extension, human rights education in the Palestinian context (and beyond) needs to be critiqued, decolonised and ultimately transformed.

Critical Insights from Palestinian Youth

Rethinking Human Rights

This cutting-edge collection is a riposte to the deep assumption that law should be written exclusively for and by the reasonable person, as the person to whom law is addressed and by reference to whom laws are designed and calibrated. The book looks at how the social dimension of the human experience is central to human existence: connections with other people shape our lives in profound ways. While law confers formal status on certain relationships and intervenes to remedy serious injustices that occur, it does not generally concern itself with the individual as a person formed through those and other relationships. It is most often addressed to the individual, on the assumption that individuals are rational autonomous agents. It poses a deep challenge to that assumption. First, the collection opens space for conversation on the social dimension of the human experience in the context of law by critically considering existing conceptual tools that could support such a conversation, e.g., community, solidarity, associations,collective rights, and cosmopolitan law. Second, the collection takes an inventory of the extent to which law currently takes the social dimension of personhood into account in fields as diverse as criminal culpability, natural resources law, human rights, company lawand administrative justice. In moving beyond the fields that have already been the subject of post-individualist and post-autonomy discourse, such as family law and medical law, this collection is a vital contribution to igniting a broader conversation about the relationship between the sociable person and the law.

Recognising and Regulating the Social Dimension of the Human Experience

The Sociable Person and the Law

Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries.

One of the most significant debates in international human rights law and in international law generally in the 21st century is about the responsibility of businesses for human rights in their areas of influence. The last decade witnessed significant, arguably monumental, development in global norms pertaining to the human rights obligation of businesses. Of particular significance is the emergence of a distinct business and human rights agenda driven by two normative instruments: the 2008 Protect, Respect and Remedy: a Framework for Business and Human Rights and the 2011 UN Guiding Principles on Business and Human Rights.Business and Human Rights in Africa raises interesting questions about the legitimacy and long-term viability of the business and human rights agenda in Africa, and in developing countries more generally. It explores the key issues for business and human rights in Africa and asks how and to what extent are the UN Guiding Principles changing the law and policy in Africa or the behavior of businesses operating in the continent? The book examines both the international and regional legal and policy initiatives on business and human rights in Africa and how these initiatives are being implemented in selected countries. Focusing in part on the extractive industry it consider the industry standards and best practices as well as the challenges the industry still faces in order to avoid human rights abuses. The book examines and evaluates emerging practices designed to minimize, manage, or mitigate corporate impact on human rights in Africa. It looks at the role of national and regional courts in Africa in ensuring accountability of businesses in Africa as well as considering the possible role for alternative dispute resolution mechanisms in realizing accountability.

History, Politics, Context, and Emerging Trends

Business And Human Rights in Africa

'Deeply moving and necessary'ANNE ENRIGHT'A must-read'iPAPER'Original and heart-warming' LINDSEY HILSUM'Remarkable ... the perfect antidote to our times'CHRISTINA LAMBFrom the Orwell Prize-winning author of My Fourth Time, We Drownedcomes a powerful account of human resilience, capturing our capacity for love and connection against all odds.We live in an era defined by crisis - whether it be war and displacement, or climate collapse and rapidly widening inequality. Acclaimed international correspondent Sally Hayden has spent her career covering some of the darkest moments of our time, and yet even in the face of unimaginable adversity, she's witnessed the love and care of everyday people.Hayden introduces us to a couple separated by the Russian invasion of Ukraine and a mother in northeast Nigeria who risks everything to save her daughter from forced marriage to Boko Haram militants. We meet a group of Syrian women searching tirelessly for their missing spouses and children, while launching a call for justice, and learn about letters from the bereaved to the dead, still being written over a decade after the tsunami that devastated Japan.In stories that crisscross the globe, from Uganda to Lebanon, Rwanda to Iraq, Hayden asks us: what if news was recounted through the actions people take for those they love? Would it become harder to dehumanise those who seem different to us? This is Also a Love Story dares us to recognise how love can be found in even the most difficult of times, and to question what might be needed to create a better world.'Moving ... Hayden is an excellent journalist'SUNDAY TIMES'Beautiful, painful and in many ways restorative ... I recommend it highly'MARIAN KEYES, author of My Favourite Mistake'A beautiful meditation on love ... [Hayden] is our most vital journalist'IRISH TIMES'Shows us that in the midst of war, around the most acute suffering, there is also tremendous heroism' NATHAN THRALL, author of A Day in the Life of Abed Salama'A reporter of the first order ... A searching, deeply moving work' JONATHAN BLITZER, author of Everyone Who Is Gone Is Here'Hayden uncovers miracles. She may be one herself' ALEX PERRY, author of Blood Will Flow

Searching for Good in a Divided World

This is Also a Love Story

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

This book conceptualises the European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe. The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space. The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

This book conceptualises European Court of Human Rights’ judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say ‘no’ to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe.

The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women’s bodies in European public space.

The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

Rights and Fascism in Europe

Law and Islamic Dress

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

Hart Studies in Security and Justice

Juridifying Security

Under the editorship of Nimer Sultany, the peer-reviewed Volume 25 of the Palestine Yearbook of International Law includes articles on genocide, Gaza, and the International Court of Justice's rulings and orders with respect to the genocide in Gaza and the illegality of the Israeli occupation. The volume also includes articles on imperialism, international law, and de-colonisation. The Yearbook is an unparalleled reference work of general international law, in particular as related to Palestine and the Palestinian people. Published in cooperation with the Birzeit University Institute of Law, the Yearbook is a valuable resource for anyone seeking well-researched and timely information about Palestine and critical approaches to international law. Contributors include Raji Sourani, John Quigley, Paul O'Connell, Jinan Bastaki, Blinne Ní Ghrálaigh, Raef Zreik, Brenna Bhandar, Panagiotis Gkagkatsis, Michelle Staggs Kelsall, Parvathi Menon, and Umut Özsu.

Palestine Yearbook of International Law (2024-2025)

Brill | Nijhoff

Force Majeure

Who Were the Shudras? 1946 book by Dr. Bhimrao Ambedkar on the history of the Shudra (lowest) Varna of the Indian caste system. The book is dedicated to Jyotirao Phule and seeks to dispel the idea that in India, Shudras are an untouchable caste. Ambedkar references Indian texts such as The Vedas and Mahabharata, among others, to suggest that the Shudras were really Aryan rulers who were demoted to a lower caste after a protracted struggle with the Brahmans. Ambedkar also analyses the Aryan race theory and disagrees with the widely accepted Indo-Aryan migration narrative in the history of the race. The book debunks beliefs and ideas and aims to foster compassion for a caste in India that is misunderstood and mistreated.

Who Were the Shudras?

The Ashwander Trap

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