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Rodríguez-Ponga P: Welcoming the
Stranger

Welcoming the Stranger

Hospitality, Sovereignty and the Law of Migration

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

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 Comparative Public Law

Theory, Practice and Problems

Automation in Governance

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

Maritime and Transport Law Library

Responsibility Accountability Maritime Law examines the phenomenon of criminalisation which confronts the Master in their professional conduct, both in terms of Flag State and Port State rights and obligations. The fault lines of criminalisation, which go to the heart of the question, demand an understanding of how the concept of criminal justice has evolved to impose accountability on the Master, in circumstances which had not been crimes before.Since this book was first published, the maritime world has changed dramatically, requiring a new understanding of responsibility and accountability before the Master can make rational decisions to respond to the risk of criminalisation. While the basic theory of accountability for criminalisation and the sources of law provide the foundation, this second edition presents a new introduction to summarise the necessity for changes in structure in order to define the pre-existing law with which the Master must comply, acknowledging the re-emergence of risk in the Gulf in 2026, and the foreseeable emergence of risk in the Arctic as geopolitical pressures create uncertainty as to who will assert jurisdictional control in the management of merchant shipping in this region. The Sources of Law chapter has been expanded to address risk management in the context of current geopolitical turmoil, balancing company commitments with the safety of the ship and crew. New content includes detention of Masters and crew, the International Convention on Arrest of Ships, universal jurisdiction, and relevant case studies such as the M/T Heroic Idun.The book's format meets the needs of lawyers, academics and maritime professionals, with the aim of analysing the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions.The book is directly relevant to a broad range of parties which includes lawyers, academics, P &amp; I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.The current law and cases have been verified up to June 2026.

Criminalisation of the Ship’s Master

Responsibility and Accountability in Maritime Law

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

Hart Studies in Commercial and Financial Law

This book uncovers and reconstructs the growing body of legal principles and rules governing mortgages that have been developed by different transnational institutions and actors. It shows how mortgages have evolved from a type of real security commonly used to facilitate lending by mitigating credit risk, to a transferable commodity with the potential to affect international financial stability and consumer welfare. In doing so, the book reveals the emergence of new policy objectives and rationales for regulation that have led to changes in the structure and functions of mortgage laws. Characterising this development as a type of transnational law, the book highlights the paradigm shifts in the law of residential mortgages brought about by their increasing global relevance. The analysis reveals tensions between the goals of risk mitigation, financial stability, consumer protection and housing justice. The result is an innovative analysis at the intersection of contract law, property law and international financial regulation. The book portrays transnational mortgage law as a complex field governed by a plurality of socially and economically relevant but potentially conflicting goals and principles.

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

Oñati International Series in Law and Society

This book brings together theoretical and empirical research, as well as interdisciplinary and comparative studies with the aim to direct the contemporary debates within the field of ombud scholarship. Most countries have public ombud institutions that are supposed to function as mechanisms of dispute resolution outside courts for citizens seeking redress for complaints against public bodies. While research on these oversight bodies has long focused on legal aspects, since the last decade scholars have increasingly become interested in historical, political and social aspects. This book makes a contribution in this multi-disciplinary field by filling two key gaps in the literature: the first part showcases recent empirical research, the second part covers critical analytical approaches. Taken together, this volume promotes a social science oriented understanding of ombud institutions as embedded in specific social contexts, which are formed by societal forces while also contributing to the shaping of modern societies. Critical examination of how and under which conditions ombuds operate enables us to identify blind spots in both the literature and practice. On the basis of case studies from different world regions, including Austria, Australia, Colombia, France, Germany, Ireland, Netherlands, Spain, Turkey, the UK and the USA, investigated from various disciplinary perspectives, the contributions develop the field of ombud research further. Its contents and accessible style make the book relevant for anyone interested in ombud and oversight institutions: academics, researchers, students, and practitioners alike.

Empirical and Critical Perspectives

New Directions in Ombud Research

This book offers a pioneering and deeply insightful examination of one of the most challenging dilemmas in contemporary counterterrorism and international law: how to legally and morally assess the responsibility of female suicide bombers affiliated with terrorist groups such as Boko Haram. It exposes a critical legal blind spot where female bombers are caught in a 'grey zone' - neither fully prosecuted nor released - due to conflicting norms around gender, victimhood and terrorism. Drawing on extensive research including interviews, case studies of failed suicide bombers, and legal analysis of terrorism cases, it develops a novel culpability framework that moves beyond simplistic notions of guilt or innocence. By exploring the complex spectrum of moral and legal responsibility, this framework offers a much-needed tool for policymakers, judges, practitioners, academics and students dealing with terrorism, war crimes and transitional justice. It challenges prevailing gender stereotypes that often either criminalise women excessively or excuse them arbitrarily and instead provides a nuanced approach that recognises female bombers as individuals whose actions range from coerced victimhood to accountable perpetrators. More than a legal study, this book humanises the lived realities of women involved in violent extremism and highlights the urgent need for legal systems worldwide to adapt. It is essential reading for scholars, legal professionals, policymakers, and anyone interested in terrorism, gender, human rights and international justice.

Gendered Dimensions of Responsibility

Culpability in Terrorism Law

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

Hart Monographs in Transnational and International Law

This book offers the first comprehensive study of quasi-judicial bodies and their operation in international law. What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

Quasi-Judicial Bodies in International Law

Welcoming the Stranger

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