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An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.
Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.
"By most accounts, the United States has deported around five million people since 1882-but this includes only what the federal government calls "formal deportations." "Voluntary departures," where undocumented immigrants who have been detained agree to leave within a specified time period, and "self-deportations," where undocumented immigrants leave because legal structures in the United States have made their lives too difficult and frightening, together constitute 90% of the undocumented immigrants who have been expelled by the federal government. This brings the number of deportees to fifty-six million. These forms of deportation rely on threats and coercion created at the federal, state, and local levels, using large-scale publicity campaigns, the fear of immigration raids, and detentions to cost-effectively push people out of the country. Here, Adam Goodman traces a comprehensive history of American deportation policies from 1882 to the present and near future. He shows that ome of the country's largest deportation operations expelled hundreds of thousands of people almost exclusively through the use of voluntary departures and through carefully-planned fear campaigns that terrified undocumented immigrants through newspaper, radio, and television publicity. These deportation efforts have disproportionately targeted Mexican immigrants, who make up half of non-citizens but 90% of deportees. Goodman examines the political economy of these deportation operations, arguing that they run on private transportation companies, corrupt public-private relations, and the creation of fear-based internal borders for long-term undocumented residents. He grounds his conclusions in over four years of research in English- and Spanish-language archives and twenty-five oral histories conducted with both immigration officials and immigrants-revealing for the first time the true magnitude and deep historical roots of anti-immigrant policy in the United Statesws that s
It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.
This book sheds light on the causes and consequences of ethnic cleansing in the twentieth century Balkans with particular reference to the former Yugoslavia in the 1990s. In providing a thorough and consistent analysis of large-scale episodes of ethnic cleansing in modern Balkan history,Politics of Ethnic Cleansing fills an important gap in existing conflict and peace studies literature. Offering a top-down interpretation of the expulsion of ethno-national minorities as a means of state-building, the analysis rests on a fresh, multidimensional approach, which provides an eclectic discussion of nationalism, politics, and security. This book establishes an agenda for policy-making and future research by making specific proposalsfor clearing up the present ambiguities in international humanitarian law related to ethnic cleansing, rethinking humanitarian intervention with a view to restoring the long-term viability of the target states, and repudiating the argument for forced homogenization as a conflict resolution strategy.
In this book, Umut Özsu situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. The book's principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey, a crucially important endeavor whose legal dimensions remain under-scrutinized.
Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
This insightful book thoroughly examines how the EU’s return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals.