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International Human Rights Law and Structural Discrimination: The Example of Violence against Women (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #280)

International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.

International Human Rights Law and the Framework Convention on Tobacco Control: Lessons from Africa and Beyond (Routledge Research in Health Law)

This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.

International Human Rights Law and the Framework Convention on Tobacco Control: Lessons from Africa and Beyond (Routledge Research in Health Law)

This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an analysis of the relevant norms and monitoring mechanisms at the regional level, and case studies from selected African and other developing countries. The WHO has noted that tobacco use or exposure to tobacco is a major health risk factor for non-communicable diseases (NCDs). This volume highlights the importance of taking measures to control tobacco use in Africa with a view to preventing these risks. With contributions from experts from the Global South, the book provides a critical analysis of the role that human rights can play in mitigating the impact of tobacco use and NCDs, and the implementation of the FCTC. The book contains a systematic and in-depth analysis of how efforts to realise the right to health under international and regional law can help to address the incidence of tobacco use in the developing world. The collection will be an important resource for academics, researchers and policymakers working in the areas of public health law and international human rights.

International Humanitarian Action: NOHA Textbook

This textbook examines a wide range of humanitarian action issues in five parts, presented by specialists from different academic fields. The respective parts reflect the five core modules of the International NOHA Joint Master’s Programme “International Humanitarian Action”: a) World Politics, b) International Law, c) Public Health, d) Anthropology, and e) Management. The book serves as a common basis for teaching at all NOHA universities and aims at imparting the basic knowledge and skills needed to excel in a complex interdisciplinary and international learning context. It provides in-depth information on key international humanitarian principles and values, professional codes of conduct, and the commitment to their implementation in practice. The book will thus be useful for all students of the NOHA Joint Master’s Programme and participants of any courses with a similar content, but also for academics and practitioners affiliated with entities such as international organisations and NGOs. It may also serve as an introduction to anyone with an interest in understanding the numerous and inter-linked facets of humanitarian action.

International Humanitarian Law: Modern Developments in the Limitation of Warfare (Routledge Revivals)

First Published in 1998, this book presents an analysis of international humanitarian law, the law governing and seeking to mitigate the conduct of armed conflict. Since the first edition of this work came out in 1990 there have been important developments in the law and, sadly, a continuing experience of armed conflict and the humanitarian crises which it represents. As a result, this is not so much an ‘updating’ as the offering of a new book. International humanitarian law is here taken as coterminous with the jus in bello and covers both its ‘Geneva’ and ‘Hague’ elements dealing, respectively with the humanitarian protection and assistance of victims of armed conflict and the controls and restrictions placed upon methods and means of warfare. The rules and principles of international humanitarian law are presented and analysed in the context of their practical application in warfare, with emphasis upon recent experience. The Work is Primarily dedicated to the law relating to international armed conflict but also includes discussion of the relevant law applicable to non-international and ‘low level’ conflict.

International Humanitarian Law: Modern Developments in the Limitation of Warfare (Routledge Revivals)

First Published in 1998, this book presents an analysis of international humanitarian law, the law governing and seeking to mitigate the conduct of armed conflict. Since the first edition of this work came out in 1990 there have been important developments in the law and, sadly, a continuing experience of armed conflict and the humanitarian crises which it represents. As a result, this is not so much an ‘updating’ as the offering of a new book. International humanitarian law is here taken as coterminous with the jus in bello and covers both its ‘Geneva’ and ‘Hague’ elements dealing, respectively with the humanitarian protection and assistance of victims of armed conflict and the controls and restrictions placed upon methods and means of warfare. The rules and principles of international humanitarian law are presented and analysed in the context of their practical application in warfare, with emphasis upon recent experience. The Work is Primarily dedicated to the law relating to international armed conflict but also includes discussion of the relevant law applicable to non-international and ‘low level’ conflict.

International Humanitarian Law (2nd edition) (PDF)

The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.

International Humanitarian NGOs and State Relations: Politics, Principles and Identity (Routledge Humanitarian Studies)

International Humanitarian NGOs and State Relations: Politics, Principles and Identity examines the often discordant relationship between states and international non-governmental organisations working in the humanitarian sector. INGOs aiming to provide assistance to populations suffering from the consequences of conflicts and other human-made disasters work in the midst of very politically sensitive local dynamics. The involvement of these non-political international actors can be seen as a threat to states that see civil war as a state of exception where it is the government’s prerogative to act outside ‘normal’ legal or moral boundaries. Drawing on first-hand experience of humanitarian operations in contexts of civil war, this book explores how the relationship works in practice and how often clashing priorities can be mediated. Using case studies of civil conflicts in Sri Lanka, Darfur, Ethiopia and Chechnya, this practice-based book brings together key issues of politics, principles and identity to build a ‘negotiation structure’ for analysing and understanding the relationship. The book goes on to outline a research and policy development agenda for INGOs to better adapt politically to working with states. International Humanitarian NGOs and State Relations will be a key resource for professionals and policy makers working within international humanitarian and development operations, as well as for academics and students within humanitarian and development studies who want to understand the relationship between states and humanitarian and multi-mandate organisations.

International Humanitarian NGOs and State Relations: Politics, Principles and Identity (Routledge Humanitarian Studies)

International Humanitarian NGOs and State Relations: Politics, Principles and Identity examines the often discordant relationship between states and international non-governmental organisations working in the humanitarian sector. INGOs aiming to provide assistance to populations suffering from the consequences of conflicts and other human-made disasters work in the midst of very politically sensitive local dynamics. The involvement of these non-political international actors can be seen as a threat to states that see civil war as a state of exception where it is the government’s prerogative to act outside ‘normal’ legal or moral boundaries. Drawing on first-hand experience of humanitarian operations in contexts of civil war, this book explores how the relationship works in practice and how often clashing priorities can be mediated. Using case studies of civil conflicts in Sri Lanka, Darfur, Ethiopia and Chechnya, this practice-based book brings together key issues of politics, principles and identity to build a ‘negotiation structure’ for analysing and understanding the relationship. The book goes on to outline a research and policy development agenda for INGOs to better adapt politically to working with states. International Humanitarian NGOs and State Relations will be a key resource for professionals and policy makers working within international humanitarian and development operations, as well as for academics and students within humanitarian and development studies who want to understand the relationship between states and humanitarian and multi-mandate organisations.

International Immigration, Integration and Sustainability in Small Towns and Villages: Socio-Territorial Challenges in Rural and Semi-Rural Europe (Migration, Diasporas and Citizenship)

This book brings small places to the main stage in an exploration of the nature of immigration in rural areas and small towns in Europe. Extending recent efforts to study migration at a sub-national scale, the authors focus their analysis on non-metropolitan areas to consider how globalisation and modernisation processes are experienced at a local level. Morén-Alegret and Wladyka weave themes of livelihood, social participation, justice and equity into human and planetary sustainability debates, drawing on quantitative population data as well as qualitative information on challenges for rural and small town sustainability in four different European countries (Portugal, France, Spain and England).Highlighting the interlinked relationship between rural sustainability, migration and ethnic diversity, this research is a valuable resource for policy-makers and academics alike, with far-reaching implications across geography, sociology, political science, anthropology and environmental sciences.

International Immigration Policy: A Theoretical and Comparative Analysis

Numerous studies explore immigration policies of individual receiving countries. But these studies share several weaknesses. First and foremost, they are empirically orientated and lack a general theory. Second, most examine the policy of single country during a limited period, or, in a few cases, are contributed volumes analyzing each country separately. In general, immigration policy literature tends to be a-theoretic, to focus on specific periods and particular countries, and constitutes an array of discrete bits. This book is a response to this trend, offering a theoretical approach to immigration policy. It explains how governments decide on the number of immigrants they will accept; whether to differentiate between various ethnic groups; whether to accept refugees and on what basis; and whether to favour permanent immigration over migrant workers. The book also answers such questions as: How much influence do extreme-right parties have on the determination of immigration policy? Why do anti-immigration parties and initiatives enjoy greater success in local-state elections, and in the elections for the European Parliament, than in national elections? And under what circumstances does immigration policy become an electoral issue? Meyers draws on a wide array of sources on migration policy-making and using them derives proposed models in a way that few others have done before him. In addition, the book interrelates global and domestic factors that jointly influence government policy-making on international migration in a way that helps to clarify both spheres. Lastly, the work combines historical data with contemporary processes, in a way that draws lessons from the past while recognizing that changing circumstances usually revise governmental responses.

International Impacts on Social Policy: Short Histories in Global Perspective (Global Dynamics of Social Policy)

This open access book consists of 39 short essays that exemplify how interactions between inter- and trans-national interdependencies and domestic factors have shaped the dynamics of social policy in various parts of the world at different points in time. Each chapter highlights a specific type of interdependence which has been identified to provide us with a nuanced understanding of specific social policy developments at discrete points in history. The volume is divided into four parts that are concerned with a particular type of cross-border interrelation. The four parts examine the impact on social policy of trade relations and economic crises, violence, international organisations and cross-border communication and migration. This book will be of interest to academics and postgraduate students in the field of social policy, global history and welfare state research from diverse disciplines: sociology, political science, history, law and economics.

International Inequality and National Poverty

International Intervention and the Problem of Legitimacy: Encounters in Postwar Bosnia-Herzegovina

In International Intervention and the Problem of Legitimacy Andrew C. Gilbert argues for an ethnographic analysis of international intervention as a series of encounters, focusing on the relations of difference and inequality, and the question of legitimacy that permeate such encounters. He discusses the transformations that happen in everyday engagements between intervention agents and their target populations, and also identifies key instabilities that emerge out of such engagements. Gilbert highlights the struggles, entanglements and inter-dependencies between and among foreign agents, and the people of Bosnia-Herzegovina that channel and shape intervention and how it unfolds.Drawing upon nearly two years of fieldwork studying in postwar Bosnia and Herzegovina, Gilbert's probing analysis identifies previously overlooked sites, processes, and effects of international intervention, and suggests new comparative opportunities for the study of transnational action that seeks to save and secure human lives and improve the human condition.Above all, International Intervention and the Problem of Legitimacy foregrounds and analyzes the open-ended, innovative, and unpredictable nature of international intervention that is usually omitted from the ordered representations of the technocratic vision and the confident assertions of many critiques.

International Justice: Principles and Issues

This title was first published in 2000: Part of the academic response to the phenomenon of globalization, this text explores the legal and philosophical implications with particular reference to the problem of international justice. Among the issues examined in the book are those dealing with matters of principle and with the philosophical grounding of international justice: is a moral universalism possible? Are the claims of moral universalism reconcilable with those of moral particularism? What kind of moral universalism does international justice entail? How does the concept of right bear upon international justice? Is justice, both distributive and formal, applicable to international relations? Other issues discussed are of a more specific nature: is there a right to development? What is the role of justice in the resolution of conflict? is humanitarian intervention justified? What are the ethical implications of global warming and acid rain?

International Justice: Principles and Issues (Routledge Revivals Ser.)

This title was first published in 2000: Part of the academic response to the phenomenon of globalization, this text explores the legal and philosophical implications with particular reference to the problem of international justice. Among the issues examined in the book are those dealing with matters of principle and with the philosophical grounding of international justice: is a moral universalism possible? Are the claims of moral universalism reconcilable with those of moral particularism? What kind of moral universalism does international justice entail? How does the concept of right bear upon international justice? Is justice, both distributive and formal, applicable to international relations? Other issues discussed are of a more specific nature: is there a right to development? What is the role of justice in the resolution of conflict? is humanitarian intervention justified? What are the ethical implications of global warming and acid rain?

International Korean Adoption: A Fifty-Year History of Policy and Practice

Discover the roots of international transracial adoptionInternational Korean Adoption: A Fifty-Year History of Policy and Practice explores the long history of international transracial adoption. Scholars present the expert multidisciplinary perspectives and up-to-date research on this most significant and longstanding form of international child welfare practice. Viewpoints and research are discussed from the academic disciplines of psychology, ethnic studies, sociology, social work, and anthropology. The chapters examine sociohistorical background, the forming of new families, reflections on Korean adoption, birth country perspectives, global perspectives, implications for practice, and archival, historical, and current resources on Korean adoption.International Korean Adoption: A Fifty-Year History of Policy and Practice provides fresh insight into the origins, development, and institutionalization of Korean adoption. Through original research and personal accounts, this revealing text explores how Korean adoptees and their families fit into their family roles—and offers clear perspectives on adoption as child welfare practice. Global implications and politics, as well as the very personal experiences are examined in detail. This source is a one-of-a-kind look into the full spectrum of information pertaining to Korean adoption.Topics in International Korean Adoption: A Fifty-Year History of Policy and Practice include: adoption from the Korean perspective historical origins of Korean adoption in the United States adjustments of young adult adoptees marketing to choosy adopters ethnic identity perspectives on the importance of race and culture in parenting birth mothers’ perspectives sociological approach to race and identity representations of adoptees in Korean popular culture adoption in Australia and the Netherlands much, much moreInternational Korean Adoption: A Fifty-Year History of Policy and Practice is illuminating reading for adoptees, adoptive parents, practitioners, educators, students, and any child welfare professional.

International Korean Adoption: A Fifty-Year History of Policy and Practice

Discover the roots of international transracial adoptionInternational Korean Adoption: A Fifty-Year History of Policy and Practice explores the long history of international transracial adoption. Scholars present the expert multidisciplinary perspectives and up-to-date research on this most significant and longstanding form of international child welfare practice. Viewpoints and research are discussed from the academic disciplines of psychology, ethnic studies, sociology, social work, and anthropology. The chapters examine sociohistorical background, the forming of new families, reflections on Korean adoption, birth country perspectives, global perspectives, implications for practice, and archival, historical, and current resources on Korean adoption.International Korean Adoption: A Fifty-Year History of Policy and Practice provides fresh insight into the origins, development, and institutionalization of Korean adoption. Through original research and personal accounts, this revealing text explores how Korean adoptees and their families fit into their family roles—and offers clear perspectives on adoption as child welfare practice. Global implications and politics, as well as the very personal experiences are examined in detail. This source is a one-of-a-kind look into the full spectrum of information pertaining to Korean adoption.Topics in International Korean Adoption: A Fifty-Year History of Policy and Practice include: adoption from the Korean perspective historical origins of Korean adoption in the United States adjustments of young adult adoptees marketing to choosy adopters ethnic identity perspectives on the importance of race and culture in parenting birth mothers’ perspectives sociological approach to race and identity representations of adoptees in Korean popular culture adoption in Australia and the Netherlands much, much moreInternational Korean Adoption: A Fifty-Year History of Policy and Practice is illuminating reading for adoptees, adoptive parents, practitioners, educators, students, and any child welfare professional.

International Labor Mobility to and from Taiwan (SpringerBriefs in Economics)

This book is the first to cover the research of whole aspects of international mobility to and from Taiwan of both skilled and unskilled workers. The migration of skilled workers is a field that has not been well researched, although it is becoming very important for the economic growth of newly developing countries. The “brain circulation” through which workers who return to their home country bring back technology and the business style of a developed country contributed greatly to Taiwan in the 1980s and1990s. However, according to the author’s research, there is a little expectation that returnees now will contribute as in the past, as the proportion of students leaving Taiwan to study abroad is decreasing. Taiwanese companies therefore are seeking skilled human resources from developed countries in other ways. The author also found that some Taiwanese have been to China, Singapore or Japan in response to companies and universities’ recruiting by offering high monetary compensation. This book clarifies those aspects of international skilled labor mobility to and from Taiwan and also analyzes the various issues regarding unskilled foreign laborers in Taiwan. There has been a gradual increase in unskilled foreign laborers, working both in industry and in domestic care in Taiwan. This book elucidates the various controversial issues arising from the increased presence of foreign laborers—for instance, the costs of employing foreign laborers, or problems related to the foreign workforce.

International Labour Migration: Foreign Workers and Public Policy

Studies of international labour migration typically assume that foreign labour is a universal feature of wealthy economies. Exploitation of foreign workers can contribute significantly to employers' profits. However, some wealthy societies do not import workers on a large scale, despite employers' pressures. Using Israel and Japan as empirical cases, this comparative-historical work investigates why some governments allow employers relatively free access to foreign labour, while others require alternative responses to labour shortages. A focus on variation leads to an innovative and insightful argument to explain international labour migration.

International Labour Migration in the Middle East and Asia: Issues of Inclusion and Exclusion (Asia in Transition #8)

The discourse on migration outcomes in the West has largely been dominated by issues of integration, but it is more relevant to view immigration in non-Western societies in relation to practices of exclusion and inclusion. Exclusion refers to a situation in which individuals and groups are usually denied access to the goods, services, activities and resources associated with citizenship. However, this approach has been criticised in relation to gender issues, which are very relevant to the situation of migrants. The authors in this volume address this criticism. Furthermore, when framed within a North–South discourse, it may be potentially ethnocentric to assume that the experience of exclusion is cross-culturally uniform. Indeed, work on migration issues has invariably been conducted within such a discourse. The contributors go beyond this binary discourse of ‘exclusion versus inclusion’ which has dominated migration research. They examine the situation of migrants in the Middle East and Asia as one that encompasses both exclusion and inclusion, addressing related concepts of empowerment, ethnocracy, the feminisation of migration and gendered geographies of power, liberal constraint and multiculturalism, individual agency, migrant-friendly discourses, spaces of emancipation and spaces of insecurity. The book highlights current research in the Arab Gulf states, and examines multiculturalism in Asia more broadly. It will be of particular interest to students and researchers in international labour migration studies in the Middle East and Asia.

International Law and Boundary Disputes in Africa (Routledge Research in International Law)

Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

International Law and Boundary Disputes in Africa (Routledge Research in International Law)

Africa has experienced a number of territorial disputes over land and maritime boundaries, due in part to its colonial and post-colonial history. This book explores the legal, political, and historical nature of disputes over territory in the African continent, and critiques the content and application of contemporary International law to the resolution of African territorial and border disputes. Drawing on central concepts of public international law such as sovereignty and jurisdiction, and socio-political concepts such as colonialism, ethnicity, nationality and self-determination, this book interrogates the intimate connection that peoples and nations have to territory and the severe disputes these may lead to. Gbenga Oduntan identifies the major principles of law at play in relation to territorial, and boundary disputes, and argues that the predominant use of foreign based adjudicatory mechanisms in attempting to deal with African boundary disputes alienates those institutions and mechanisms from African people and can contribute to the recurrence of conflicts and disputes in and among African territories. He suggests that the understanding and application of multidisciplinary dispute resolution mechanisms and strategies can allow for a more holistic and effective treatment of boundary disputes. As an in depth study into the legal, socio-political and anthropological mechanisms involved in the understanding of territorial boundaries, and a unique synthesis of an African jurisprudence of international boundaries law, this book will be of great use and interest to students, researchers, and practitioners in African and Public International Law, International Relations, and decision-makers in need of better understanding the settlement of disputes over territorial boundaries in both Africa and the wider world.

International Law and Development in the Global South

This book provides contributions in international law, development, and international relations from a cross section of jurists and scholars including a justice of the Supreme Court of Nigeria and a former Judge of the International Court of Justice at The Hague. The project, conceived as a festschrift in honor of Professor Christian Okeke, aims to amplify the voices and perspectives that are not often accorded the limelight in international legal discourse. Additionally, the contributors discuss such relevant issues as frozen conflicts in Eastern Europe, counter-terrorism and cyber-security in Central Asia, and judicial contrivance in African countries. Bridging the gap between political science and legal scholarship, the book presents an interdisciplinary perspective on the emergence of an international rule of law and development. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state. This book will be highly relevant to scholars, academics, researchers, and students in the fields of international relations, law, and development.

International Law and Japanese Sovereignty: The Emerging Global Order in the 19th Century

How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.