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Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

This book relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States.

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples.The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives.

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia.

This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.

Explores the right to development in international law. This book draws on a range of relevant sources to analyze the legal status of international cooperation in contemporary international law, before going on to explore the domestic application of the right to development looking at the example of Pakistan.

Social security and its articulation as a human right have received increased attention in recent years and it is widely acknowledged that women are disproportionately affected by poverty in all parts of the world. This book identifies the need to develop the right to social security to ensure that it is responsive to gender discrimination and disadvantage. Drawing on feminist theory the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. The book applies the framework it develops to a study of international law looking at the work of the UN, before analysing three countries South Africa, Australia and India.

This book provides a comparative constitutional analysis of executive clemency, with a focus on death penalty cases. Comparative executive clemency has never been the subject of a full-length comparative constitutional analysis, and the breadth of jurisdictions contained in this book¿encompassing the entire English-speaking world¿provides a full range of cultural and political variations in the level of deference given to executive decision-making.

This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to challenges facing the care home sector for older people in Africa, the Arab world, Australia, China, England, Israel, Japan and the USA, with an international panel of experts identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture.

This edited volume challenges the territorial bias of traditional human rights law, in which human rights obligations are in principle incumbent on the territorial state. The first part of this volume examines the current state of the extraterritorial human rights obligations of international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations (and responsibility for violations). The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of extraterritorial states as well as of non-state actors. Each chapter examines novel and forward-looking perspectives in the field, and explores how the findings may apply across international human rights law in a multi duty-bearer setting.

Business and human rights has emerged as a distinct field within the corporate governance movement. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened.

This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union and the European Court of Human Rights. The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights.

This book addresses the controversial issue of transnational human rights obligations in an innovative way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law. Each hypothetical judgment is accompanied by commentary placing it in context to show how international human rights law can address issues of a transnational character. Through this method the book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced.

Based on the author's thesis (doctoral)--University College, Dublin, 2010.

This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on `primary care providers¿, as well as the effect that trends in migration law have on migrant domestic workers.

This book assesses the progress the Convention on the Rights of the Child (CRC) 1989 has made in different African countries as well as in the region more generally. It considers the implementation of the CRC in terms of policy, practice and its impact on the lived experiences of children across the continent, focusing on specific themes such as HIV/AIDS, education and disability, child labour, witchcraft stigmatisation, armed conflict and religion. The volume provides a critical analysis of the progress of the CRC and identifies concrete ways forward for the better implementation of this treaty in Africa.