- Table View
- List View
Confidentiality in International Commercial Arbitration
by Ileana M. SmeureanuAfter neutrality and international enforcement, the next most valued feature of international commercial arbitration is confidentiality. For reasons easy to imagine, businessmen do not want their trade secrets, business plans, strategies, contracts, financial results or any other types of business information to be publicly accessible, as would commonly happen in court proceedings. Yet the case law of arbitration shows that in practical terms confidentiality is not to be taken for granted – in fact, it has become one of the most undetermined matters in international arbitration. Although ‘the emperor of arbitration may have clothes,’ as one scholar has quipped, his raiments of secrecy can be ‘torn with surprising ease’. This book deciphers the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally. Drawing on this data and analysis, the author then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches. What do we understand by confidentiality in arbitration? What are its limitations? Who is bound to observe it? How can we quantify its breach? In addressing these questions, the book engages such issues as the following: reasons for disclosure – e.g., for the establishment of a defence, for the enforcement of rights, in the public interest or in the interests of justice disclosure by consent, express or implied; circumstances triggering statutory obligation of disclosure; recent trends towards greater transparency in investor-State arbitration; court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and categories of persons bound by confidentiality, including third parties such as witnesses and experts. Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after. The scope of confidentiality is reviewed in the practice of arbitral tribunals and domestic courts, and from the perspective of international arbitration institutions, with detailed attention to various arbitration rules and numerous significant cases. In its elucidation of the amount of confidentiality that ‘veils’ each phase of the arbitral process, and its ground-breaking identification of ‘patterns of disclosure’, this book is sure to raise awareness about the various facets and problems posed by confidentiality in arbitration. Although its scholarly contribution to the law of international commercial arbitration cannot be gainsaid, corporate counsel worldwide will quickly prize its more practical value.
Confidentiality in Offshore Financial Law
by Rose-Marie AntoineThe only book to focus specifically on confidentiality and by extension, disclosure obligations, in offshore financial law, this new edition examines the issues surrounding confidentiality providing thorough analysis of the current legal position and discussing the extent to which it should be protected given the conflicting interests at stake. The book also addresses the wider issues of confidentiality in offshore financial law to consider the implications of confidentiality and disclosure for other subjects of interest in finance. It therefore examines the appropriate parameters of bank regulation, the modern regulatory framework for other financial institutions and actors, particularly within the context of the prevention and detection of certain undesirable or criminal activities such as money laundering and even civil matters such as trademark violations. Important constitutional issues such as the right to privacy, the privilege against self-incrimination and arbitrary search and seizure as they relate to finance are included in the legal analysis.The controversial balance between disclosure and confidentiality also entails a discussion of issues of comity. Taking into account the several new treaties specifically targeted at confidentiality in offshore financial law, this new edition includes comparative coverage of key legislation in offshore jurisdictions and a new chapter on Tax Information Exchange Agreements. It also provides detailed coverage of modern anti- Money Laundering regimes, the EU Savings Directive, the G20 Initiatives and United States countermeasures to confidentiality.. For ease of reference an introductory chapter is also included which gives a summary of the legislative infrastructure in the various jurisdictions and a description of the fundamental characteristics of offshore jurisdictions. Assessing the impact of the recent G20 -OECD discussions on confidentiality, disclosure, and tax issues and the emerging FATCA regime, this new edition brings the reader up to date with the changing regulatory landscape concerning the offshore sector. All practitioners and scholars interested in offshore financial law will find this text to be an essential reference source.
Confidentiality in Offshore Financial Law
by Rose-Marie AntoineThe only book to focus specifically on confidentiality and by extension, disclosure obligations, in offshore financial law, this new edition examines the issues surrounding confidentiality providing thorough analysis of the current legal position and discussing the extent to which it should be protected given the conflicting interests at stake. The book also addresses the wider issues of confidentiality in offshore financial law to consider the implications of confidentiality and disclosure for other subjects of interest in finance. It therefore examines the appropriate parameters of bank regulation, the modern regulatory framework for other financial institutions and actors, particularly within the context of the prevention and detection of certain undesirable or criminal activities such as money laundering and even civil matters such as trademark violations. Important constitutional issues such as the right to privacy, the privilege against self-incrimination and arbitrary search and seizure as they relate to finance are included in the legal analysis.The controversial balance between disclosure and confidentiality also entails a discussion of issues of comity. Taking into account the several new treaties specifically targeted at confidentiality in offshore financial law, this new edition includes comparative coverage of key legislation in offshore jurisdictions and a new chapter on Tax Information Exchange Agreements. It also provides detailed coverage of modern anti- Money Laundering regimes, the EU Savings Directive, the G20 Initiatives and United States countermeasures to confidentiality.. For ease of reference an introductory chapter is also included which gives a summary of the legislative infrastructure in the various jurisdictions and a description of the fundamental characteristics of offshore jurisdictions. Assessing the impact of the recent G20 -OECD discussions on confidentiality, disclosure, and tax issues and the emerging FATCA regime, this new edition brings the reader up to date with the changing regulatory landscape concerning the offshore sector. All practitioners and scholars interested in offshore financial law will find this text to be an essential reference source.
Confidentiality, Privacy, and Data Protection in Biomedicine: International Concepts and Issues
by Edward S. DoveFeaturing contributions from leading scholars of health privacy law, this important volume offers insightful reflection on issues such as confidentiality, privacy, and data protection, as well as analysis in how a range of jurisdictions—including the US, the UK, Europe, South Africa, and Australia—navigate a rapidly developing biomedical environment.While the collection of personal health information offers the potential to drive research and innovation, it also generates complex legal and ethical questions in how this information is used to ensure the rights and interests of individuals and communities are respected. But in many ways laws have struggled to keep pace with technological developments. This book therefore seeks to fill a lacuna for legal insight and reflection. Over three parts, the book first explores the conceptual landscape which law and legal institutions must contend, and then turns to examine practical issues such as the GDPR, secondary use of data for research, genomic research, and data trusts.With cutting-edge analysis drawing on domestic and international case law, legislation, and policy, this comprehensive volume will prove fascinating reading for all students and researchers interested in this evolving and contentious area of study.
Confidentiality, Privacy, and Data Protection in Biomedicine: International Concepts and Issues
Featuring contributions from leading scholars of health privacy law, this important volume offers insightful reflection on issues such as confidentiality, privacy, and data protection, as well as analysis in how a range of jurisdictions—including the US, the UK, Europe, South Africa, and Australia—navigate a rapidly developing biomedical environment.While the collection of personal health information offers the potential to drive research and innovation, it also generates complex legal and ethical questions in how this information is used to ensure the rights and interests of individuals and communities are respected. But in many ways laws have struggled to keep pace with technological developments. This book therefore seeks to fill a lacuna for legal insight and reflection. Over three parts, the book first explores the conceptual landscape which law and legal institutions must contend, and then turns to examine practical issues such as the GDPR, secondary use of data for research, genomic research, and data trusts.With cutting-edge analysis drawing on domestic and international case law, legislation, and policy, this comprehensive volume will prove fascinating reading for all students and researchers interested in this evolving and contentious area of study.
Confidentiality, Transparency, and the U.S. Civil Justice System
by Joseph W. Doherty Robert T. Reville Laura ZakarasThe lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. In a public setting, we resolve disputes, determine liability, and compensate injuries. In recent decades, however, more civil disputes have been resolved out of court and the outcomes have been kept secret. Fewer than 5 percent of the tens of millions of injury claims annually are actually resolved through a public trial with a jury, and the vast majority are settled out of court or through private forums, such as mediation or arbitration, with undisclosed terms. Some argue that the confidentiality of the system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm and that a public system with no data lacks oversight. This collection of essays by leading legal scholars is the first book to approach the issue in a multidisciplinary, nonpartisan, and empirical manner. The essays provide empirical analyses and case studies of the impact of greater disclosure on various aspects of the system, ranging from settlement values to fraud, and propose several novel prescriptions for reform. With special attention to the emergence of modern mass litigation, the authors identify a number of benefits to increasing access to information, including decreased fraud, improved public understanding and confidence in the system, and lower transactions costs. The authors make policy recommendations--such as expanding access to existing databases and using technology to create new databases--that increase transparency while protecting the need for privacy.
Configurations, Dynamics and Mechanisms of Multilevel Governance (Comparative Territorial Politics)
by Nathalie Behnke Jörg Broschek Jared SonnicksenThis edited volume provides a comprehensive overview of the diverse and multi-faceted research on governance in multilevel systems. The book features a collection of cutting-edge trans-Atlantic contributions, covering topics such as federalism, decentralization as well as various forms and processes of regionalization and Europeanization. While the field of multilevel governance is comparatively young, research in the subject has also come of age as considerable theoretical, conceptual and empirical advances have been achieved since the first influential works were published in the early noughties. The present volume aims to gauge the state-of-the-art in the different research areas as it brings together a selection of original contributions that are united by a variety of configurations, dynamics and mechanisms related to governing in multilevel systems.
Confinement, Punishment and Prisons in Africa (Transnational Criminal Justice)
by Marie Morelle, Frédéric Le Marcis and Julia HornbergerThis interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.
Confinement, Punishment and Prisons in Africa (Transnational Criminal Justice)
by Marie Morelle Édéric Le Marcis Julia HornbergerThis interdisciplinary volume presents a nuanced critique of the prison experience in diverse detention facilities across Africa. The book stresses the contingent, porous nature of African prisons, across both time and space. It draws on original long-term ethnographic research undertaken in both Francophone and Anglophone settings, which are grouped in four parts. The first part examines how the prison has imprinted itself on wider political and social imaginaries and, in turn, how structures of imprisonment carry the imprint of political action of various times. The second part stresses how particular forms of ordering emerge in African prisons. It is held that while these often involve coercion and neglect, they are better understood as the product of on-going negotiations and the search for meaning and value on the part of a multitude of actors. The third part is concerned with how prison life percolates beyond its physical perimeters into its urban and rural surroundings, and vice versa. It deals with the popular and contested nature of what prisons are about and what they do, especially in regard to bringing about moral subjects. The fourth and final part of the book examines how efforts of reforming and resisting the prison take shape at the intersection of globally circulating models of good governance and levels of self-organisation by prisoners. The book will be an essential reference for students, academics and policy-makers in Law, Criminology, Sociology and Politics.
Confirmation Bias in Criminal Cases
by Moa LidénIn criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.
Confirmation Bias in Criminal Cases
by Moa LidénIn criminal cases, practitioners such as police officers, crime scene investigators, pathologists, prosecutors, and judges are expected to make decisions that are objective and impartial. However, research since the 1960's into so-called confirmation bias provides persuasive scientific evidence that humans are unable to do so. As flawed investigations and proceedings come to light, the importance of undertaking proper bias mitigation measures is clear. Confirmation Bias in Criminal Cases takes a multi-disciplinary approach to a complex, real-world issue. It lays out the chronology of criminal investigations and proceedings, and assesses how bias plays a role in each stage. It also offers research-based strategies to combat bias, such as independent review, contextual information management, linear sequential unmasking, and structured evaluations of the evidence. This book is vital reading for anyone involved in the criminal justice system. It not only gives a holistic view of the human element of confirmation bias but it also offers strategies for how to address it.
Confiscation in Private International Law
by Pieter Adriaansewas discussed by the Institut de Droit International at Siena 1 and recently, in 1954, it was the principal item of the meeting of the Netherlands Branch of the International Law Association 2. This study aims at contributing to the not too extensive literature on the subject. 11. BACKGROUND One cannot consider law and justice without considering at the same time the people whom they concern. And people again cannot be imagined without feelings, political and social views, and economic interests. The law could not exist without such a background. The history of various acts of confiscation in the twentieth century proves the enormous importance of the back ground underlying these problems. Russian confiscations are in the light of the Bolshevist doctrine only becoming intelligible of revolution; the M exicanization of the oil industry is in keeping with Mexican social development preceding it; the confiscations which took place in Germany under the Nazi regime must be understood as the outcome of a certain ideology; unfortunately confiscations due to operations in time of war are self-explana tory. A single school of thought governs each one alike: rights of individuals are considered of less and less importance. It was not by chance that the infringement of private property, notably in the great political upheavals, often went hand in hand with a dedining interest in the protection of the individual freedom. Where the state infringes the proprietary rights of individuals, it will even more readily do the same as regards personal freedom.
Conflict Among Nations: Bargaining, Decision Making, and System Structure in International Crises (PDF)
by Glenn Herald Snyder Paul DiesingHow do nations act in a crisis? This book seeks to answer that question both theoretically and historically. It tests and synthesizes theories of political behavior by comparing them with the historical record. The authors apply theories of bargaining, game theory, information processing, decision-making, and international systems to case histories of sixteen crises that occurred during a seventy-five year period. The result is a revision and integration of diverse concepts and the development of a new empirical theory of international conflict.Originally published in 1978.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Conflict and Creativity at Work: Human Roots of Corporate Life
by Albert LowContributes to the tide of activism that is calling for higher ethical standards and corporate social responsibility within the corporate world. It offers a new way to look at a company, work, a product and company organization. Nobel prizewinner Milton Friedman says that the only social responsibility a company has is to make a profit. Albert Low questions this basic assumption and provides an alternative view: a company is a complex field of interacting and conflicting forces out of which a product emerges. The interests of the stockholder make up just one set of these forces. The corporate system arises out of the natural creativity of human beings and is expressed in the work that we do. Therefore to understand a company, its organisation and its reason for being, we must understand creativity and work -- what they involve, and their importance to our mental health. This new understanding of social responsibility is imperative for the very survival of our way of life. 'Business Ethics' quotes Thomas Donahue, US Chamber of Commerce President, as saying, "There is something fundamentally out of balance when short-term considerations become so dominant." The book offers a new way to look at the corporate system and long-term corporate social responsibility. Depression is widespread throughout western society. A contributing factor is the way the corporate system operates. People are now adjuncts to the system and the result is alienation and impotence. China and India are looming as major industrial competitors, and their employees are very well motivated. To compete in the West we must revise the present antiquated corporate philosophy that asserts that the interests of the stockholder are the only interests that the corporation can legally serve and adopt policies that promote corporate social responsibility.
Conflict and Crisis Communication: Principles and Practice
by Carol A. Ireland Martin J. Fisher Gregory M. VecchiConflict and crisis communication is the management of a critical incident which has the potential for resolution through successful negotiations. This can include negotiating with individuals in crisis, such as those threatening self-harm or taking individuals hostage as part of emotional expression, and also critical incidents such as kidnapping and terrorist activities. By focusing on the empirical and strong theoretical underpinnings of critical incident management, and including clear demonstrations of the practical application of conflict and crisis communication by experts in the field, this book proves to be a practical, comprehensive and up-to-date resource. Discussion of relevant past incidents – such as the 1993 WACO siege in the United States – is used to enhance learning, whilst an examination of the application of critical incident management to individuals with mental disorder offers groundbreaking insight from clinicians working in this area. Conflict and Crisis Communication is an excellent source of reference for national and international law enforcement agencies, professionals working in forensic settings, and also postgraduate students with an interest in forensic psychology and forensic mental health.
Conflict and Crisis Communication: Principles and Practice
by Carol A. Ireland Martin Fisher Gregory M. VecchiConflict and crisis communication is the management of a critical incident which has the potential for resolution through successful negotiations. This can include negotiating with individuals in crisis, such as those threatening self-harm or taking individuals hostage as part of emotional expression, and also critical incidents such as kidnapping and terrorist activities. By focusing on the empirical and strong theoretical underpinnings of critical incident management, and including clear demonstrations of the practical application of conflict and crisis communication by experts in the field, this book proves to be a practical, comprehensive and up-to-date resource. Discussion of relevant past incidents – such as the 1993 WACO siege in the United States – is used to enhance learning, whilst an examination of the application of critical incident management to individuals with mental disorder offers groundbreaking insight from clinicians working in this area. Conflict and Crisis Communication is an excellent source of reference for national and international law enforcement agencies, professionals working in forensic settings, and also postgraduate students with an interest in forensic psychology and forensic mental health.
Conflict and Human Security in Africa: Kenya in Perspective
by A. Kumssa J. Williams J. JonesThis edited volume looks at human security and conflict in northern Kenya and nearby areas within Sudan, Somalia, Ethiopia, and Uganda. It spells out the precise meaning and nuances of human security in today's global economy and examines the causes and effects of conflict in the region within the context of human security.
Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment
by Paula Satne Krisanna M. ScheiterGiven the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. In this volume, top scholars from around the world contribute all new original essays on the ethics of forgiveness, revenge, and punishment. This book draws on both historical and contemporary debates in order to answer important questions about the nature of forgiveness, the power of apology, the relationship between punishment and revenge, the path to reconciliation, the morality of blame, and the role of forgiveness in political conflict.Chapter 16 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Conflict and Shifting Boundaries in the Gig Economy: An Interdisciplinary Analysis (PDF)
by Rebecca Page-Tickell Elaine YerbyUsing an interdisciplinary lens, this book innovatively explores the conflicts and shifting boundaries in organisational, professional, legal and economic structures, caused by the rise of the gig economy. The dynamic structural model of the gig economy is introduced to interrogate the inner workings of the amorphous gig economy at the Macro, Meso and Micro levels of analysis. Conflict and Shifting Boundaries in the Gig Economy examines a range of tensions and issues, including; The future of trade unions in the gig economy Employment status and contractual arrangements Talent management in the gig economy Employee voice and whistleblowing Career choices and organisational attractiveness Trajectory and impact at macro economic levels. Organisational examples and a focus on the perspective of those engaged in gig work introduce new insights and research questions on the current and future challenges posed by the gig economy, alongside using the structural dynamic model as a tool to understand actors and organisational experiences and build appropriate interventions.
Conflict and Shifting Boundaries in the Gig Economy: An Interdisciplinary Analysis (The Changing Context of Managing People)
by Rebecca Page-Tickell Elaine YerbyUsing an interdisciplinary lens, this book innovatively explores the conflicts and shifting boundaries in organisational, professional, legal and economic structures, caused by the rise of the gig economy. The dynamic structural model of the gig economy is introduced to interrogate the inner workings of the amorphous gig economy at the Macro, Meso and Micro levels of analysis. Conflict and Shifting Boundaries in the Gig Economy examines a range of tensions and issues, including; The future of trade unions in the gig economy Employment status and contractual arrangements Talent management in the gig economy Employee voice and whistleblowing Career choices and organisational attractiveness Trajectory and impact at macro economic levels. Organisational examples and a focus on the perspective of those engaged in gig work introduce new insights and research questions on the current and future challenges posed by the gig economy, alongside using the structural dynamic model as a tool to understand actors and organisational experiences and build appropriate interventions.
Conflict and Transformation: Essays on European Law and Policy (International Studies in the Theory of Private Law)
by Christian JoergesIn this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Conflict and Transformation: Essays on European Law and Policy (International Studies in the Theory of Private Law)
by Christian JoergesIn this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe's darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Conflict Displacement and Legal Protection: Understanding Asylum, Human Rights and Refugee Law (Law and Migration)
by Charlotte LülfWhile the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Conflict Displacement and Legal Protection: Understanding Asylum, Human Rights and Refugee Law (Law and Migration)
by Charlotte LülfWhile the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
The Conflict in Syria and the Failure of International Law to Protect People Globally: Mass Atrocities, Enforced Disappearances and Arbitrary Detentions
by Jeremy Julian SarkinThis book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.