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Constitutional Law


Refugee Law in Context:The Exclusion Clause

Refugee Law in Context:The Exclusion Clause Lowest new price: $73.94
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Brand: Brand: T.M.C. Asser Press

Both the 1951 Refugee Convention and the 1948 Universal Declaration of Human Rights clearly indicate those asylum seekers who should be excluded from refugee status, excluded from asylum. The refugee lawyer, in order to fully appreciate the importance and relevance of this principle, needs to look beyond refugee law proper. The insight needed for the decision whether or not to apply the so-called 'exclusion clause' is to be found elsewhere within the realms of international law: international humanitarian law, international criminal law and United Nations law. In this publication, contributors pay ample attention to developments in these related fields. Complemented with a wealth of relevant materials, including informative treaties, conventions and (draft-)resolutions on these very themes, this book is an indispensable guide for all those involved with asylum seekers, refugees and the upholding of the principles of refugee law. This collection amounts to a true Article 1F Handbook.

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Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe (Cambridge Studies in Law and Society)

Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe (Cambridge Studies in Law and Society) Lowest new price: $127.29
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Author: Kitty Calavita
Brand: Brand: Cambridge University Press

This provocative volume explores immigration law in Spain and Italy, and exposes the tension between the temporary legal status of most immigrants, and the government emphasis on integration. It demonstrates the connections among immigrants' role as cheap labor--carefully inscribed in law--and their social exclusion and racialization. At the broadest level, the book engages questions of citizenship and belonging in this global era. It uniquely combines analysis of immigration laws and immigrants' daily experiences.

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Justice Across Borders: The Struggle for Human Rights in U.S. Courts

Justice Across Borders: The Struggle for Human Rights in U.S. Courts Lowest new price: $26.96
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Author: Jeffrey Davis
Brand: Brand: Cambridge University Press

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute - a dormant provision of the 1789 Judiciary Act - for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. The book examines attempts by human rights groups to use the law to enforce human rights norms. It explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim. Moreover, it analyzes the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

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Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive

Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive Lowest new price: $60.00
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Author: Kees Waaldijk
Brand: K Waaldijk Matteo Bonini Baraldi

Chapter 1 1 Introduction Among the recent positive developments in European Union law with regard to the legal situation of lesbian, gay and bisexual persons, the clear prohibition of discrimination in employment and occupation contained in the Employment Equality Directive is the most important. Certainly, since 1999 article 13 of the EC Treaty, which forms the legal basis for this Directive, already mentions sexual orientation among the protected grounds, but this Treaty provision only enables the Council of the EC to adopt appropriate action against discrimination. This is precisely what happened on 27 November 2000, when the Council adopted Directive 2000/78/EC establishing a general framework for equal treatment in em- 2 ployment and occupation (hereafter the Directive). Prior to its enactment, eight of the then fifteen Member States, two of the current new Member States (the Czech Republic and Slovenia), and one of the current acceding countries (- mania) had legislation in place prohibiting sexual orientation discrimination in employment. However, these laws followed a variety of approaches, which were not always consistent with the Directive’s requirements. All Member States were required to make some changes to their legislative framework in order to imp- ment the provisions of the Directive with respect to discrimination based on sexual orientation (and with respect to discrimination based on any of the three other grounds covered by the Directive: religion or belief, disability, age).

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  • Sexual Orientation Discrimination in the European Union National Laws and the Employment Equality Directive


International Human Rights in Context: Law, Politics, Morals: Text and Materials

International Human Rights in Context: Law, Politics, Morals: Text and Materials Lowest new price: $76.79
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Author: Henry J. Steiner
Brand: Brand: Oxford University Press, USA

International Human Rights in Context presents diverse materials consisting of extensive authors' text and questions; sharply edited primary materials ranging from intergovernmental or NGO reports to treaties, resolutions and decisions; and excerpts from secondary readings in law and legal theory, as well as other pertinent fields such as international relations, moral and political theory, and anthropology. The book introduces students to those organizing concepts and topics of public international law that are vital to understanding human rights issues. It stresses throughout the relationships among human rights norms, processes and institutions, as well as relationships between international and internal orders. The topics include civil and political rights, economic and social rights, intergovernmental and non-governmental institutions, universal and regional regimes, human rights and foreign policy, democratization, women's rights, self determination and autonomy regimes, individual criminal responsibility, and development. The book's broad themes include universalism and cultural relativism, rights or duties as organizing conceptions, the relevance of the private-public distinction, and transformed conceptions of statehood and sovereignty.

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Be Careful Who You SLAPP

Be Careful Who You SLAPP Lowest new price: $14.00
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Author: Michelangelo Delfino
Brand: Brand: Mobeta Pub

The First Amendment of the Constitution of the United States of America guarantees its citizens freedom of speech.

This book is an extraordinary, true-life account of two law-abiding gadflies who unwittingly became embroiled in the Mother of All SLAPP’s and refused to be silenced by corporate corruption and judicial malfeasance. Facing financial ruin, death threats and incarceration, these stalwart Americans used the power of the Internet and the words of the World Wide Web to take on the Varian SLAPP terrorists.

The threat is real, the story is true

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Economic Rights: Conceptual, Measurement, and Policy Issues

Economic Rights: Conceptual, Measurement, and Policy Issues Lowest new price: $50.06
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Author: Shareen Hertel

This book assesses economic rights: defined as the right to a decent standard of living, the right to work, and the right to basic income support for people who cannot work. It explains how economic rights evolved historically, how they are measured, and how they can be implemented internationally. The book includes chapters by leading scholars in economics, law, and political science. Unlike many other books on the subject, this one includes a substantial introduction and is tightly organized around three themes: concepts, measurement, and policy implementation of economic rights.

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Direct Application of International Criminal Law in National Courts

Direct Application of International Criminal Law in National Courts Lowest new price: $85.80
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Author: W. N. Ferdinandusse
Brand: Brand: T.M.C. Asser Press

When national courts judge international crimes like genocide, crimes against humanity and war crimes, they can draw on both national and international criminal law. The relationship between these two bodies of law is not always clear. Can national courts base prosecutions of international crimes directly on international criminal law? In a world where national laws often proscribe international crimes in an incomplete or deficient manner, this question has considerable practical relevance for the enforcement of international criminal law. Yet, it has received little attention in doctrine while practice shows widely divergent approaches of national courts to the feasibility of direct application. The author examines the concept of the direct application of international criminal law in national courts. He provides a rich description of the relevant practice in many different States ranging from Argentina to Senegal. Easily accessible, this book is a valuable tool for academics and practitioners alike.

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Law, Infrastructure and Human Rights (Law in Context)

Law, Infrastructure and Human Rights (Law in Context) Lowest new price: $1.99
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Author: Michael B. Likosky
Brand: Brand: CRC Press

From attacks on oil infrastructure in post-war reconstruction Iraq to the laying of gas pipelines in the Amazon Rainforest through indigenous community villages, infrastructure projects are sites of intense human rights struggles. Many state and non-state actors have proposed solutions for handling human rights problems in the context of specific infrastructure projects. Solutions have been admired for being lofty in principle; however, they have been judged wanting in practice. This book analyzes how human rights are handled in varied contexts and then assesses the feasibility of a common international institutional solution under the auspices of the United Nations to the alleged problem of the inability to translate human rights into practice.

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  • Used Book in Good Condition


Minority Protection: Standards and Reality: Implementation of Council of Europe standards in Slovakia, Romania and Bulgaria

Minority Protection: Standards and Reality: Implementation of Council of Europe standards in Slovakia, Romania and Bulgaria Lowest new price: $71.56
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List price: $99.00
Author: Anna K. Meijknecht
Brand: Brand: T.M.C. Asser Press

In 1998 the Council of Europe Framework Convention for the Protection of National Minorities entered into force. This study evaluates how the standards of the Framework Convention function in reality and whether the interests of minorities are best served by this form of protection by the international community. The author assesses the use of international principles on rights for minorities in Slovakia, Romania and Bulgaria, three states with a difficult socio-economic situation and large minority populations. Two specific principles embodied in the Framework Convention are focused upon. The first, the principle of non-discrimination, is discussed with regard to the Roma minority in Slovakia, Romania and Bulgaria, the Muslim minority in Bulgaria, and in relation to the Benes Decrees affecting the Hungarians and German minority in Slovakia. The second principle, protection of linguistic rights, is discussed in relation to the Hungarian minority in Slovakia and Romania and to the Roma minorities.

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  • Used Book in Good Condition


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