Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approac
Children's Rights and Business: Governing Obligations and Responsibility is a comprehensive legal inquiry into children's rights and business. Relying on insights from various disciplines, the book illustrates the need for a children-focused inquiry on business and human rights. An analysis of the norm legalization process around the regulation of business and human rights, particularly of children's rights follows the inquiry into existing hard and soft law regulatory frameworks on children's rights and business. The book goes on to evaluate the promise of these frameworks in light of globalized business transactions through the lens of in-depth case illustrations on children's rights in cotton and mineral supply chains and children's rights in large-scale energy and transport investment projects. Finally, it concludes with a normative outlook on governing the children's rights obligations of businesses and responsibility when violations occur, drawing on global governance approaches.
Using the analogy of a devastating series of earthquakes, Davutoğlu provides a new theoretical approach, conceptualization, and methodology for understanding crisis in the post-Cold War era. In order to grasp the scale and scope of the ongoing crises we are experiencing today, Davutoğlu conceptualizes them as 'aftershocks', following in the wake of the four great 'quakes' that have shaken the world in recent times - namely, the geopolitical earthquake triggered by dissolution of the Soviet Union, 1991; the security earthquake, post- 9/11, 2001; the economic earthquake associated with the global economic crisis, 2008; and the structural earthquake of the Arab Spring, 2011. By contextualizing international order as being impacted by a number of intertwined processes, the book then looks to the possible futures ahead. Following his analysis of the ongoing systemic crisis, Davutoğlu forges a vision for a new order of global democracy, built from the rubble of the systemic earthquake.
Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approac
This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.
Reimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.