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Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.
The book systematically analyses the relationship and interaction between rules of engagement (ROE) and the legal framework regulating armed conflicts, both at the international and national levels. At the international level, the relationship between ROE and human rights law and international humanitarian law is explored. At the national level, the book relates ROE to (comparative) criminal law. A separate chapter analyses the complex relationship between self-defence law and rules of engagement. It is the first monograph to comprehensively examine these issues and to analyse how ROE interact with the various sources of the (international) law of military operations, both in terms of the law as a source for these rules and how the law is reflected and implemented through them. In doing so, and based on the author's own experience, the book provides examples of how complicated, often controversial issues of law can be resolved while keeping the rules understandable at all levels of military operations. Aimed at both scholars and practitioners, the book provides a bridge between the academic world and the operational world. It provides new insights for both of those audiences in terms of understanding how the law applies to - and through - the rules on the use of force for military operations.
This is a comprehensive Report on every armed conflict which took place during 2012. It is the first of a new series of annual reports on armed conflicts across the globe, offering an unprecedented overview of the nature, range, and impact of these conflicts and the legal issues they create. In Part I the Report describes its criteria for the identification and classification of armed conflicts under international law, and the legal consequences that flow from this classification. It sets out a list of armed conflicts in 2012, categorising each as international, non-international, or a military occupation, with estimates of civilian and military casualties. In Part II, each of these conflicts are examined in more detail, with an overview of the belligerents, means and methods of warfare, the applicable treaties and rules, and any prosecutions for, investigations into, or robust allegations of war crimes. Part III of the Report provides detailed thematic analysis of key legal developments which arose in the context of these conflicts, allowing for a more in-depth reflection on cross-cutting questions and controversies. The topics under investigation in this Report include drone strikes, the use of explosive weapons, small arms, forced displacement of civilians, detention at Guantanamo Bay, and the enforcement of international humanitarian and criminal law in both national and international courts. The Report gives a full and accessible overview of armed conflicts in 2012. It should be the first port of call for everyone working in the field.
Advocates within the growing field of children's rights have designed dynamic campaigns to protect and promote children's rights. This expanding body of international law and jurisprudence, however, lacks a core text that provides an up-to-date look at current children's rights issues, the evolution of children's rights law, and the efficacy of efforts to protect children. Campaigning for Children focuses on contemporary children's rights, identifying the range of abuses that affect children today, including early marriage, female genital mutilation, child labor, child sex tourism, corporal punishment, the impact of armed conflict, and access to education. Jo Becker traces the last 25 years of the children's rights movement, including the evolution of international laws and standards to protect children from abuse and exploitation. From a practitioner's perspective, Becker provides readers with careful case studies of the organizations and campaigns that are making a difference in the lives of children, and the relevant strategies that have been successful—or not. By presenting a variety of approaches to deal with each issue, this book carefully teases out broader lessons for effective social change in the field of children's rights.
Building from the history of inequality in education up to current problems, this text posits viewpoints on how to cultivate humanistic leaders in education to best benefit underserved children around the world. Among perspectives examined are economic, cultural, and political circumstances that benefit some and harm others, creating educational inequality. To illustrate the work that must be done, this book connects vignettes of compelling school issues to educational philosophies, e.g., Makiguchi’s work, to bridge the theoretical and the practical and pose real solutions.
Hard-headed evidence on why the returns from investing in girls are so high that no nation or family can afford not to educate their girls. Gene Sperling, author of the seminal 2004 report published by the Council on Foreign Relations, and Rebecca Winthrop, director of the Center for Universal Education, have written this definitive book on the importance of girls’ education. As Malala Yousafzai expresses in her foreword, the idea that any child could be denied an education due to poverty, custom, the law, or terrorist threats is just wrong and unimaginable. More than 1,000 studies have provided evidence that high-quality girls’ education around the world leads to wide-ranging returns: Better outcomes in economic areas of growth and incomes Reduced rates of infant and maternal mortality Reduced rates of child marriage Reduced rates of the incidence of HIV/AIDS and malaria Increased agricultural productivity Increased resilience to natural disasters Women’s empowerment What Works in Girls’ Education is a compelling work for both concerned global citizens, and any academic, expert, nongovernmental organization (NGO) staff member, policymaker, or journalist seeking to dive into the evidence and policies on girls’ education.
This volume brings together a range of practical and theoretical perspectives on responsibility in the context of refugee and migrant integration. Addressing one of the major challenges of our time, a diverse group of authors shares insights from history, philosophy, psychology, cultural studies, and from personal experience. The book expands our understanding of the complex challenges and opportunities that are associated with migration and integration, and highlights the important role that individuals can and should play in the process. Interview with the authors: https://youtu.be/HDkaN_PBBF8
This book offers a critical review of higher education and post-conflict recovery. It provides the first systematic study with a global scope that investigates the role of higher education systems in conflict-affected contexts. The first part of the book analyses the long-standing neglect of higher education in post-conflict recovery, the impact that conflict can have on the sector, and efforts to rebuild and reform higher education systems affected by violent conflict. The second part of the book considers the positive and negative contributions that higher education can make to a range of areas of recovery including humanitarian action, forced displacement, post-conflict reconstruction, statebuilding, and peacebuilding. With its reasoned defence of the importance of higher education for post-conflict recovery, the book will appeal to researchers, university students, and humanitarian and development policy-makers and practitioners.