Who Benefits from the Sanitized Language of Violence? /
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Language is not neutral; it determines, and is determined, by perspective. This volume explores the role of an influential vocabulary of war, sanitised language, the language that seeks to clean up the appearance of events through euphemism, abstract words and opaque phrases. Critical discourse analysis of the language of recent military campaigns shows that the public authorities do not explain events as clearly as they might. Despite social, political and strategic incentives to use sanitised language, its use appears to undermine the democratic process and reduce public authorities' freedoms, possibly emboldening adversaries and turning away potential partners.
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1 online resource (70 pages) : illustrations. :
Includes bibliographical references and index. :
9789004696426
Religious Freedom without the Rule of Law : The Constitutional Odysseys of Afghanistan, Egypt, and Iraq and the Fate of the Middle East /
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The volume compares the efforts to instil the values and practices of the rule of law in the Middle East in the early twenty-first century with their disappointing performances in terms of safety, human rights, and, especially, religious freedom. It zooms in on Afghanistan, Egypt, and Iraq to argue that international interventions and local initiatives underestimated the ethno-religious mosaic of these countries and their political and constitutional culture. The standard notion of the rule of law values individualism, equality, rights, and courts, which hardly fit the makeup of the Middle East. Securing stability and protecting religious freedom in the region requires compromising on the rule of law; the consociational model of constitutionalism would have better chances of achieving them.
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Includes bibliographical references and index. :
9789004533226
The Concept of Marriages of Convenience in EU Free Movement Law : EU and UK Perspectives /
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Over the past two decades, EU Member States have regularly complained about the perceived abuse of EU law via marriages of convenience, allegedly contracted between mobile EU citizens and third-country nationals. During the pre-Brexit years, the UK had been voicing particularly strong concerns about the issue, which ultimately resulted in regulatory changes both at the EU and national level. In this book, Aleksandra Ancite-Jepifánova pursues two interrelated aims. First, she evaluates the compatibility of EU-level measures addressing marriages of convenience with EU free movement law by focusing on the Citizenship Directive. Second, she examines the regulation of the issue in UK law in so far as it concerns the residence rights of EU citizens and their family members, both pre-and post-Brexit. See Less
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1 online resource (312 pages) : illustrations. :
Includes bibliographical references and index. :
9789004499263
The Autonomy of the Åland Islands : Constitutional and International Law Challenges /
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Published on occasion of the 100 year anniversary of the Åland Islands' autonomy, this book brings up and discusses a number of challenging issues, from constitutional and international law perspectives, concerning both the Åland situation and autonomy in general. Among the questions raised are: Is autonomy part of international law and which international organisations may have jurisdiction? Is autonomy a human right or is it about the prevention of violent conflicts? Does the Åland Autonomy constitute a useful model for other minority groups? Do the Åland Islands stand to benefit from anything in international law, be it substantive or procedural?
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1 online resource (330 pages) : illustrations. :
Includes bibliographical references and index. :
9789004691117
The Conceptualization of Equality and Non-discrimination as Legal Standards : From Formal to More Substantive Equality /
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This book provides an in-depth analysis of the central concepts figuring in equality and non-discrimination standards across jurisdictions: formal and substantive equality, direct and indirect discrimination, reasonable accommodation, affirmative action and intersectional discrimination. It explains how different conceptualizations matter and may result in different outcomes in legislation, case law and policies. In doing so it draws on examples from a wide variety of sources, including the European, Inter-American and global human rights systems and the jurisprudence of the apex courts in Canada, India, South Africa and the US. This study also shows how the conceptualization of equality has been moving overall from formal to more substantive equality.
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1 online resource (296 pages) : illustrations. :
Includes bibliographical references and index. :
9789004538368
Roe and Dobbs in Context : Under the Societal Hood of Abortion in America /
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Roe and Dobbs in Context describes long-term demographic changes that underlie Roe v. Wade and Dobbs v. Jackson Women's Health Organization and concludes that, as the Court suggests in Dobbs, Americans accept women's participation in politics and hence in formulating law and government policy. The book examines the state of American public opinion on abortion and its impact on government regulation, investigates whether culture or religion is the source of the morality that underlies U.S. law on abortion and thus whether law-embodied protections of religion apply to government efforts to restrict abortion access. Finally, Larry Barnett reviews and critiques social science studies of the impact of law on the incidence of abortion and considers possible side effects of anti-abortion law along with two historical events (the War on Drugs and Prohibition) that, together with an evident need for access to abortion, indicate there will be a negligible long-term impact on abortion frequency in America from abortion-hostile law.
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1 online resource (361 pages) : illustrations. :
Includes bibliographical references and index. :
9789004734432
The Prohibition of Collective Expulsion : Protecting against Arbitrary Expulsion in Human Rights Treaty Law /
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The Prohibition of Collective Expulsion: Protecting against Arbitrary Expulsion in Human Rights Treaty Law examines this fundamental safeguard as a cornerstone of migrants' rights. Without effective procedural guarantees, other protections remain meaningless in the border context. In her book, Lena Riemer explores how the prohibition of collective expulsion ensures due process for migrants and asylum seekers across international and regional human rights systems, from the European and Inter-American Conventions to the African Charter and the Migrant Worker Convention. Through a holistic analysis of jurisprudence, the book highlights the principle's critical role in preventing arbitrary expulsions.
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1 online resource (221 pages) : illustrations. :
Includes bibliographical references and index. :
9789004535077
Buraku, Capitalism and the State in Japan /
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Applying universal themes, this book analyses the discrimination faced by and the (re)construction of the Buraku people during Japan's modernization. State and capital have created the ongoing plight of the Buraku. This book demonstrates that Buraku discrimination has been a springboard for domination, both during and after Japan's colonial rule in Asia and has been an important function of governance in Japan. Buraku discrimination is reproduced in both cities and towns, forcing many Buraku people to suffer silently. To combat this situation, there are Buraku resistance movements, studied in depth here.
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1 online resource (374 pages) : illustrations. :
Includes bibliographical references and index. :
9789004744257
Western Sahara in the International Legal Order : 50 Years after the ICJ Advisory Opinion /
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This book commemorates the 50th anniversary of the International Court of Justice's Advisory Opinion on the Western Sahara, bringing together leading international legal scholars to explore and critically assess the enduring relevance and implications of the Opinion. It offers a comprehensive and authoritative analysis of the main legal issues surrounding the status of the Western Sahara, including self-determination, territorial sovereignty, decolonization, and the role of international institutions. By providing historical context, legal interpretation, and contemporary perspectives, the volume serves as a definitive reference for scholars, practitioners, and policymakers interested in international law, conflict resolution, and the ongoing legal dimensions of the Western Sahara question.
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1 online resource (408 pages) : illustrations. :
Includes bibliographical references and index. :
9789004739215
Food Innovation and Legal Challenges /
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What are the legal challenges to ensuring that food innovation promotes sustainability, protects fundamental rights, and strengthens global food security? Food Innovation and Legal Challenges offers a rigorous, interdisciplinary examination of emerging technologies, innovative production methods, and evolving governance models in the agrifood sector. Covering topics from insect-based proteins and cultured meat to Agriculture 4., vertical farming, biotechnology, and innovative policies addressing food waste and food poverty, the volume brings together research from scholars with expertise in constitutional, international, EU, comparative, food, and agricultural law. Combining doctrinal analysis with comparative and empirical perspectives, it delivers concrete recommendations and original insights for scholars, policymakers, and practitioners.
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1 online resource (247 pages) : illustrations. :
Includes bibliographical references and index. :
9789004740907