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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 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

Oxford Studies in European Law

The Eurosceptic Mobilization of Constitutional Law

Fear and Loathing in the Philippines

President Rodrigo Duterte and the War on Drugs

Lawyers in the Anti-Trafficking Space

Navigating the Legal Landscapes of Modern Slavery and Immigration

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.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature 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, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

The instant Sunday Times bestseller, updated with a new introduction 'Few books are as urgent as Shon Faye's debut ... Faye has hope for the future - and maybe so should we' Independent 'Unsparing, important and weighty ... a vitally needed antidote' Observer 'A moving and impressively comprehensive overview of trans life' Vogue Trans people in Britain today have become a culture war 'issue'. Despite making up less than one per cent of the country's population, they are the subjects of a toxic and increasingly polarized 'debate' which generates reliable controversy for newspapers and talk shows. This media frenzy conceals a simple fact: that we are having the wrong conversation, a conversation in which trans people themselves are reduced to a talking point and denied a meaningful voice. In this powerful new book, Shon Faye reclaims the idea of the 'transgender issue' to uncover the reality of what it means to be trans in a transphobic society. In doing so, she provides a compelling, wide-ranging analysis of trans lives from youth to old age, exploring work, family, housing, healthcare, the prison system and trans participation in the LGBTQ+ and feminist communities, in contemporary Britain and beyond. The Transgender Issue is a landmark work that signals the beginning of a new, healthier conversation about trans life. It is a manifesto for change, and a call for justice and solidarity between all marginalized people and minorities. Trans liberation, as Faye sees it, goes to the root of what our society is and what it could be; it offers the possibility of a more just, free and joyful world for all of us. 'Fundamentally not a culture-war book. It operates outside the narrow coverage of trans people in the mainstream, and lays bare the inarguable facts' New Statesman 'Monumental and utterly convincing - crystal clear in its understanding of how the world should be' Judith Butler

An Argument for Justice

The Transgender Issue

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.

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

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

Hart Monographs in Transnational and International Law

Why do some international courts wield broad authority while others face pushback or fade into irrelevance? This book provides novel theoretical and empirical insights into this question. It offers a fresh, interdisciplinary perspective on the authority of international courts, drawing from law, political science and behavioural research. It develops, in Part I, a theoretical model and analytical framework for assessing these questions. The model explains how authority relationships between courts and their audiences - such as states, NGOs, individual applicants, and domestic courts - are formed, maintained, or contested. In Part II, the book applies this analytical framework to in-depth case studies of two selected international courts: the European Court of Human Rights and the Court of Justice of the Economic Community of West African States. These studies not only provide deeper insights into the authority of these courts but also demonstrate how the analytical framework can be applied to other international courts to generate an enhanced understanding of international court authority. The book sheds new light on why some courts enjoy enduring authority and others face pushback, offering powerful tools for understanding the behaviour of international courts and their audiences.

A Behavioural Framework

The Authority of International Courts

This volume, Climate Change and Children's Rights in Zimbabwe: Toward Social Policy-Based Interventions, provides a comprehensive examination of the intersection between climate change and children's rights in Zimbabwe, one of the world's most climate-vulnerable nations. It brings together diverse perspectives from sociology, law, development studies, anthropology, economics, and environmental sciences to challenge conventional approaches that treat children as passive victims of climate impacts. The book interrogates climate vulnerability through multiple dimensions, from legal frameworks and theoretical foundations to sectoral impacts and innovative adaptation strategies, showcasing transformative pathways for child-centred climate action that recognises children as rights-holders and active agents of change.\
The book outlines critical aspects and issues that must be understood and addressed to protect and advance children's rights in the face of accelerating environmental change. Attention is given to both persistent structural inequalities and innovative opportunities for building resilience through rights-based, gender-transformative, and community-grounded approaches. Through case studies spanning diverse districts, including Lupane, Bikita, Mbire, Chivi, Mashonaland Central, Gutu, Goromonzi, Zvimba, and others, it highlights how climate impacts manifest differently across Zimbabwe's varied ecological and socio-economic landscapes, affecting children's health, education, nutrition, protection, and overall well-being. It provides foundational perspectives into climate justice imperatives, multispecies justice frameworks, legal and policy gaps, and opportunities for transformative social policy that centres children's agency and Indigenous knowledge systems. The book is of interest to researchers, climate justice scholars, child rights advocates, development practitioners, humanitarian organisations, and policymakers committed to implementing more effective, equitable, and contextually appropriate climate responses that place children's rights at the centre of all climate action across Zimbabwe and the broader African continent.
&nbsp;

This volume, 
 Climate Change and Children's Rights in Zimbabwe: Toward Social Policy-Based Interventions, 
 provides a comprehensive examination of the intersection between climate change and children's rights in Zimbabwe, one of the world's most climate-vulnerable nations. It brings together diverse perspectives from sociology, law, development studies, anthropology, economics, and environmental sciences to challenge conventional approaches that treat children as passive victims of climate impacts. The book interrogates climate vulnerability through multiple dimensions, from legal frameworks and theoretical foundations to sectoral impacts and innovative adaptation strategies, showcasing transformative pathways for child-centred climate action that recognises children as rights-holders and active agents of change. The book outlines critical aspects and issues that must be understood and addressed to protect and advance children's rights in the face of accelerating environmental change. Attention is given to both persistent structural inequalities and innovative opportunities for building resilience through rights-based, gender-transformative, and community-grounded approaches. Through case studies spanning diverse districts, including Lupane, Bikita, Mbire, Chivi, Mashonaland Central, Gutu, Goromonzi, Zvimba, and others, it highlights how climate impacts manifest differently across Zimbabwe's varied ecological and socio-economic landscapes, affecting children's health, education, nutrition, protection, and overall well-being. It provides foundational perspectives into climate justice imperatives, multispecies justice frameworks, legal and policy gaps, and opportunities for transformative social policy that centres children's agency and Indigenous knowledge systems. The book is of interest to researchers, climate justice scholars, child rights advocates, development practitioners, humanitarian organisations, and policymakers committed to implementing more effective, equitable, and contextually appropriate climate responses that place children's rights at the centre of all climate action across Zimbabwe and the broader African continent.&nbsp;

Toward Social Policy-Based Interventions

Climate Change and Children's Rights in Zimbabwe

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

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.

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

The Human Rights Challenge to Immunity in International Law

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