Contemporary Issues in Human Rights Law: Europe and Asia

EU fundamental rights; constitutional law; international

Contemporary Challenges in Securing Human Rights

The chapters reflect on cutting-edge challenges in the field of human rights. Topics include refugee protection, women’s human rights, business and human rights, the role of national and international legal mechanisms and emerging themes such as tax justice, rights in the digital age, theories of change, and poetry.

Chapter 1 Principles of ESR Adjudication

The book examines the potential models of incorporation (ways of embedding rights into domestic law) for economic and social rights (ESR) at the national and devolved level and the justiciability mechanisms (adjudication by a court) that enable access to effective remedies in court for violations of ESR. In so doing the book develops principles of ESR adjudication (the building blocks of good p…

Black Rage Confronts the Law

In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm o…

Chapter 35 The extraterritorial application of international human rights law…

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America's Disenfranchised

The Lawrence and Lynne Brown Democracy Medal, presented by the McCourtney Institute for Democracy at Penn State, recognizes outstanding individuals, groups, and organizations that produce innovations to further democracy in the United States or around the world. Voting is foundational in a democracy, yet over six million American citizens remain stripped of their ability to participate in elect…

Beyond the law: Multi-disciplinary perspectives on human rights

The academic study and international practice of human rights are dominated by legal analysis. There is increasing consensus that a narrow legal approach is inadequate for both the understanding and implementation of human rights. This paper seeks to extend the purely legal understanding of human rights by demonstrating both the contributions and limitations of comparative political science…

After Race

After Race pushes us beyond the old "race vs. class" debates to delve deeper into the structural conditions that spawn racism. Darder and Torres place the study of racism forthrightly within the context of contemporary capitalism. While agreeing with those who have argued that the concept of "race" does not have biological validity, they go further to insist that the concept also holds little p…

A Future History of Water

Based on fieldwork among state officials, NGOs, politicians, and activists in Costa Rica and Brazil, A Future History of Water traces the unspectacular work necessary to make water access a human right and a human right something different from a commodity. Andrea Ballestero shows how these ephemeral distinctions are made through four technolegal devices—formula, index, list and pact. She arg…

A Commentary on the Council of Europe Convention on Action against Traffickin…

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention's anti-trafficking standards and corresponding human rights obligations.