This volume brings together critical legal scholarship and theories of forced migration that draw attention to the dual role of law as it pertains to transitional justice and mass violence resulting in forced population movements. Contributors to the volume analyze how forced migration in the Global South have impacted contemporary realities. While there has been considerable focus on refugees and asylum seekers from conflict zones, there is less attention paid to the far more numerous internally displaced peoples (IDPs), stateless people, warehoused refugees, non-status displaced and returnees in the Global South. In this volume, a multidisciplinary group of scholars question the reasons behind the restrictive choices that lock us into area studies modalities instead of genuine interdisciplinary analysis by linking the traditional subject matter of transitional justice with the realities of forced migration in the Global South.
Religious freedom is one of the most debated and controversial human rights in contemporary public discourse. At once a universally held human right and a flash point in the political sphere, religious freedom has resisted scholarly efforts to define its parameters. Taliaferro explores a different way of examining the tensions between the aims of religion and the needs of political communities, arguing that religious freedom is a uniquely difficult human right to uphold because it rests on two competing conceptions, human and divine. Drawing on classical natural law, Taliaferro expounds a new, practical theory of religious freedom for the modern world. By examining conceptions of law such as Sophocles' Antigone, Maimonides' Guide of the Perplexed, Ibn Rushd's Middle Commentary on Aristotle's Rhetoric, and Tertullian's writings, The Possibility of Religious Freedom explains how expanding our notion of law to incorporate such theories can mediate conflicts of human and divine law and pro
Following a devastating genocide in 1994, the Rwandan government elected to hold all perpetrators accountable - including children. Thousands of children were held in prisons while awaiting charges; some were later convicted. This book is about these children. Drawing on interviews and extensive archival research in Rwanda, it documents their journey through prisons, formal courts, gacaca proceedings or re-education centres. Its insights extend beyond Rwanda, looking at how international law protects children accused of even the most serious atrocities. The book is about law in action, and how states, and international organisations, operationalise international standards on child perpetrators in challenging post-conflict conditions. Engaging with theories from international law, international relations and anthropology, it illuminates strategies utilised by UNICEF to promote the rights of alleged child génocidaires and traces UNICEF's positive influence on their protection. It makes t
This groundbreaking study understands the 'long history' of human rights in Australia from the moment of their supposed invention in the 1940s to official incorporation into the Australian government bureaucracy in the 1980s. To do so, a wide cast of individuals, institutions and publics from across the political spectrum are surveyed, who translated global ideas into local settings and made meaning of a foreign discourse to suit local concerns and predilections. These individuals created new organisations to spread the message of human rights or found older institutions amenable to their newfound concerns, adopting rights language with a mixture of enthusiasm and opportunism. Governments, on the other hand, engaged with or ignored human rights as its shifting meanings, international currency and domestic reception ebbed and flowed. Finally, individuals understood and (re)translated human rights ideas throughout this period: writing letters, books or poems and sympathising in new, glob
In this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments,
In this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments,
Human rights impact assessment (HRIA) has increasingly gained traction among state, business and civil society actors since the endorsement of the United Nations Guiding Principles on Business and Hum
