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This unique book, formed as a series of essays in honour of the memory of Paul Heim CMG, the founder of Lincoln's Inn European Group, focusses on the building of bridges between individuals and institutions in European, international, and human rights law. The book features contributions from some of the foremost current or former European and international judges; leading practitioners and officials, each with links to Lincoln's Inn, and former recipients of Lincoln's Inn's dedicated scholarship programmes. The approachable style of the book makes it readily accessible for a wide range of readers including legal scholars, practitioners, students, and those with a general interest in the application of the law and justice in today's interconnected world. Each contribution provides personal reflections and expertise on selected aspects of European and human rights law, and the personal, professional, and technical bridges involved in their development and maintenance, together with insights into their future. The book provides multi-level perspectives on the Court of Justice of the European Union, the EFTA Court, the European Court of Human Rights, and the International Criminal Court, and the interaction of their jurisprudence with domestic law and between themselves, alongside our ever-evolving societies.
In recent years a number of countries have introduced affirmative action programmes in order to put right historical injustices and economic inequalities involving ethnic communities. This book examines affirmative action programmes in a range of countries around the world. It discusses how such programmes came about and how they have been implemented, and examines their effectiveness. Throughout it explores how far affirmative action programmes reinforce ethnic identities and thereby contribute to division and conflict. The countries covered are India, the United States, South Africa, Northern Ireland, Brazil, Malaysia and Fiji.
The Chinese Perspectives on Human Rights and Good Governance series reviews various aspects of human rights and good governance in China, including international human rights standards, specific substantive rights protection and rule of law, as well as constitutionalism, especially in the context of contemporary China. Its aim is to stimulate discussion on these and related topics, with a focus on international standards whenever these are applicable and relevant to China. In this first volume in the series, the contributors adopt different disciplinary approaches to look at China both in the context of its internal constraints and as a global player in the overall development of human rights. Where is China headed in the near future? Does Chinese culture stand in contradiction to human rights? Is the rule of law alien to Chinese society? Can China move ahead without political reforms? In this thought-provoking volume, leading Chinese and Western scholars offer analysis of these issues, also with reference to Chinese history and contemporary culture.
This volume, the result of an ongoing Nordic research project undertaken under the auspices of the Danish Centre for Human Rights in Copenhagen and the Raoul Wallenberg Institute for Human Rights and Humanitarian Law in Lund, examines the relationship and possible interaction between good governance and human rights. The contributors consist of academics and professionals with backgrounds in development studies, economics, law, political science, and sociology. Together they demonstrate the need for interdisciplinary dialogue and clarification of concepts, contents, and processes of realisation. While good governance is mainly pursued in a development context, it is a central message of the book that good governance guidelines ought to have universal applicability, affecting international organisations and public and private actors in Northern as well as Southern countries. Yet an established consensus does not exist on how good governance and human rights can or should complement each other. The book therefore assesses the advantages of using existing links and identifies ways of building new bridges for mutual support between governance and human rights. The authors examine their topics on the basis of theory, best practices, law, the experiences of societies undergoing democratic transition, and other empirical evidence, without attempting to come up with a common definition of good governance. The plurality of interpretations will hopefully further strengthen good governance and human rights as integral elements of a global agenda.
While good governance is mainly pursued in a development context, it is a central message of the book that good governance guidelines ought to have universal applicability, affecting international organisations and public and private actors in Northern as well as Southern countries. Yet an established consensus does not exist on how good governance and human rights can or should complement each other. The book therefore assesses the advantages of using existing links and identifies ways of building new bridges for mutual support between governance and human rights.
The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have all at times expressed concerns about the growing influence of European human rights law, particularly in the controversial contexts of prisoner voting and deportation of suspected terrorists as well as in the context of British military action abroad. British politicians and judges have also, however, played important roles in drafting, implementing and interpreting the European Convention on Human Rights. Its incorporation into domestic law in the Human Rights Act 1998 intensified the ongoing debate about the UK's international and regional human rights commitments. Furthermore, the increasing importance of the European Union in the human rights sphere has added another layer to the relationship and highlights the complex relationship(s) between the UK government, the Westminster Parliament and judges in the UK, Strasbourg and Luxembourg. The book analyses the topical and contentious issue of the relationship between the UK and the European systems for the protection of human rights (ECHR and EU) from doctrinal, contextual and comparative perspectives and explores factors that influence the relationship of the UK and European human rights.
The New Labour government first elected in 1997 had a defining influence on the development of the modern UK constitution. This book combines legal and political perspectives to provide a unique assessment of the way in which this major programme of constitutional reform has changed the nature of the UK constitution. The chapters, written by leading experts in UK public law and politics, analyse the impact and legacy of the New Labour reform programme some 20 years on from the 1997 general election, and reveal the ways in which the UK constitution is now, to a significant extent, the 'New Labour constitution'. The book takes a broad approach to exploring the legacy of the New Labour years for the UK constitution. The contributors evaluate a range of specific substantive reforms (including on human rights, devolution, freedom of information, and the judicial system), changes to the process and method of constitutional reform under New Labour, the impact on key institutions (such as the judiciary and Parliament), and a number of wider constitutional themes (including national security, administrative justice, and the relationship between the Labour Party and constitutionalism). The book also reflects on the future challenges for the constitution constructed by New Labour, and the prospects for further constitutional reform. In bringing together this range of perspectives to reflect on the implications of the New Labour era of reform, this book offers a critical examination of a foundational period in the development of the contemporary UK constitution.
This book adopts a transnational methodology to reflect on the legalisation of international economic relations. A Liber Amicorum for Professor Francis Snyder, it outlines the ways in which legal scholarship has taken his legacy further in relation to the concept of transnational law, the 'law in context' method, and the evolution of sustainability law. The lens is both theoretical and practical, delving into international investment law, financial/monetary law, free trade agreements, indigenous rights, and food law, and covering case studies from EU law, WTO law, American law, Chinese law, and Indonesian law. The chapters explore how Snyder's ideas have advanced legal research and determined change in regulation, impacting trade relationships worldwide. Part I of the book gives an overview of the actors, the norms, and the processes of transnational economic law, discussing sites of governance, legal pluralism, and soft law. Part II takes stock of the 'law in context' research method, looking not only at the way in which it can be refined and used by academics, but also at the practical implications of such a method to improve regulatory settings and promote social and policy goals (including the emerging generation of FTAs, such as TPP, TTIP, and RCEP). Part III focuses on sustainability law, assessing Francis Snyder's contribution to systemic changes and reforms in China and the Asia Pacific region. The book is a must have for any academic or practitioner interested in an up-to-date account of the recent developments in transnational trade law research.