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Implementing Article 3 of the United Nations Convention on the Rights of the Child
by Sutherland Elaine E. Macfarlane Lesley-Anne BarnesThe UN Convention on the Rights of the Child is acknowledged as a landmark in the development of children's rights. Article 3 makes the child's best interests a primary consideration in all actions concerning children, and requires States Parties to ensure their care and protection. This volume, written by experts in children's rights from a range of jurisdictions, explores the implementation of Article 3 around the world. It opens with a contextual analysis of Article 3, before offering a critique of its implementation in various settings, including parenting, religion, domestic violence and baby switching. Amongst the themes that emerge are the challenges posed by the content of 'best interests', 'welfare' and 'well-being'; the priority to be accorded them; and the legal, socio-economic and other obstacles to legislating for children's rights. This book is essential for all readers who interact with one of the Convention's most fundamental principles.
Implementing Business and Human Rights Norms in Africa: Law And Policy Interventions (Routledge Research in Corporate Law)
by Oyeniyi AbeThis book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a ‘beyond do no harm’ approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses
Implementing Climate Change Policy: Designing and Deploying Net Zero Carbon Governance
by Ottavio Quirico Walter BaberThe chapters in this volume provide an interdisciplinary and comparative analysis of the implementation of climate change policies worldwide to assess whether they are meeting the aims set out in the 'Paris Agreement'. The first part compares climate policies employed by the EU, the US, Latin America, Russia, China, the Middle East, and Africa. The second explores ways of improving key regulatory mechanisms to increase the effectiveness of greenhouse gas mitigation and adaptation measures. This book argues that the international community should improve the effectiveness of enforcement mechanisms from the standpoint of secondary norms through an integrated approach. It is an indispensable resource for undergraduate and graduate students of environmental policy and governance, public policy, law and political science, as well as policy makers. This title is part of the Flip it Open Programme and may also be available as Open Access. Check our website - Cambridge Core - for details. (150, 992)
Implementing Codes of Conduct: How Businesses Manage Social Performance in Global Supply Chains
by Ivanka MamicAt the start of the 21st century manufacturing is in the midst of a major transformation, with goods moving from factories in São Paulo, Ho Chi Minh and Guanzhou to the shelves of stores in New York, Hamburg and Sydney. As production of goods has become increasingly global, with an impact on workers and societies around the world, the ILO has sought to answer the challenging question: how best to implement voluntary corporate initiatives in value chains that stretch around the globe from a constantly changing supply base of factories both large and small? In order to address growing pressures from stakeholders, a number of global companies have adopted codes of conduct with the aim of influencing the practices of their suppliers in less-developed countries and providing a baseline of expected standards. Typically, codes of conduct draw on international labour standards, setting guidelines on a range of issues, including child labour, forced labour, wages and benefits, working hours, disciplinary practices, the right to freedom of association, health and safety, and environmental practices. Notwithstanding the array of initiatives that has emerged, anecdotal evidence suggests that, in many cases, managers both at the company and supplier level have struggled and continue to struggle with the issue of how to implement their codes of conduct. Based on interviews with hundreds of managers, activists, government officials, factory workers and workers' representatives, Implementing Codes of Conduct represents the most extensive research conducted to date into the emerging nature of corporate social responsibility and global supply chains. Its objective is to provide useful examples and lessons learned to companies, policy-makers and others interested in implementing their own code of conduct or who are actively involved in this field. This book has broad implications for firms that are serious about seeing the social and environmental objectives expressed in their corporate codes become a reality at the supplier level – implications that stretch from the boardroom to the factory floor. The book presents a model that maps a route from the creation of a vision to its implementation at the operational level. Based on research conducted in the sports footwear, apparel and retail sectors, this book provides a detailed account of the approaches currently used by leading brands and retailers and practical suggestions for other companies to follow in addressing social pressures. Given an increasingly clear link between corporate social responsibility and profits, this book serves as an invaluable tool in assisting those interested in balancing the complex demands of society and competitive concerns.
Implementing Corporate Social Responsibility
by Subhasis Ray S. Siva RajuThis book is a compilation of Corporate Social Responsibility (CSR) theory and practices, with special reference to the Indian context. Over the last few decades, which have seen the onset of globalization, emergence of the industrial sector and an increased focus on community development, much attention has been focused on the role of corporations towards developing those societies where their operations are based. The introduction and evolution of CSR theories and practice in the developed countries has given CSR theorists and practitioners the guidance to appropriately place and implement CSR initiatives to help develop their role in the developed societies. However, while ample literature exists on such CSR practices, little has been done to aid the development of CSR in developing countries. Characterized by peculiar economic, political and social settings, the developing world needed its own blueprint for how CSR works and how it could best succeed. The need for doing is especially pertinent to a country like India, which is presently at a very crucial threshold, economically, politically and socially. Given the need to contextualize CSR theory and practice to the developing context, several CSR theories and practices have been explored in this book, which will provide readers with a thorough understanding of CSR and its successful implementation.
Implementing Digital Forensic Readiness: From Reactive to Proactive Process, Second Edition
by Jason SachowskiImplementing Digital Forensic Readiness: From Reactive to Proactive Process, Second Edition presents the optimal way for digital forensic and IT security professionals to implement a proactive approach to digital forensics. The book details how digital forensic processes can align strategically with business operations and an already existing information and data security program. Detailing proper collection, preservation, storage, and presentation of digital evidence, the procedures outlined illustrate how digital evidence can be an essential tool in mitigating risk and redusing the impact of both internal and external, digital incidents, disputes, and crimes. By utilizing a digital forensic readiness approach and stances, a company’s preparedness and ability to take action quickly and respond as needed. In addition, this approach enhances the ability to gather evidence, as well as the relevance, reliability, and credibility of any such evidence. New chapters to this edition include Chapter 4 on Code of Ethics and Standards, Chapter 5 on Digital Forensics as a Business, and Chapter 10 on Establishing Legal Admissibility. This book offers best practices to professionals on enhancing their digital forensic program, or how to start and develop one the right way for effective forensic readiness in any corporate or enterprise setting.
Implementing EU Mobility Partnerships: Putting Soft Law into Practice (Law and Migration)
by Fanny Tittel-MosserThis book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships’ projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.
Implementing Enterprise Cyber Security with Open-Source Software and Standard Architecture: Volume II (River Publishers Series in Digital Security and Forensics)
by Rohit Negi Sandeep K. Shukla Anand Handa S. VenkatesanCyber security is one of the most critical problems faced by enterprises, government organizations, education institutes, small and medium scale businesses, and medical institutions today. Creating a cyber security posture through proper cyber security architecture, deployment of cyber defense tools, and building a security operation center are critical for all such organizations given the preponderance of cyber threats. However, cyber defense tools are expensive, and many small and medium-scale business houses cannot procure these tools within their budgets. Even those business houses that manage to procure them cannot use them effectively because of the lack of human resources and the knowledge of the standard enterprise security architecture. In 2020, the C3i Center at the Indian Institute of Technology Kanpur developed a professional certification course where IT professionals from various organizations go through rigorous six-month long training in cyber defense. During their training, groups within the cohort collaborate on team projects to develop cybersecurity solutions for problems such as malware analysis, threat intelligence collection, endpoint detection and protection, network intrusion detection, developing security incidents, event management systems, etc. All these projects leverage open-source tools, and code from various sources, and hence can be also constructed by others if the recipe to construct such tools is known. It is therefore beneficial if we put these recipes out in the form of book chapters such that small and medium scale businesses can create these tools based on open-source components, easily following the content of the chapters. In 2021, we published the first volume of this series based on the projects done by cohort 1 of the course. This volume, second in the series has new recipes and tool development expertise based on the projects done by cohort 3 of this training program. This volume consists of nine chapters that describe experience and know-how of projects in malware analysis, web application security, intrusion detection system, and honeypot in sufficient detail so they can be recreated by anyone looking to develop home grown solutions to defend themselves from cyber-attacks.
Implementing Environmental Constitutionalism: Current Global Challenges
by Erin Daly James R. MayConstitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Implementing Environmental, Social and Governance: A Practical Guide in Sustainability Management (Responsible Leadership and Sustainable Management)
by Marc Helmold Tracy Dathe René Dathe Isabel DatheThe concept of environmental, social and governance (ESG) is rapidly emerging as the new global industry standard and an important benchmarking tool for socially responsible investments. Major corporations seek the expertise of specialized consultants to develop and implement tailored ESG framework for their businesses. This book offers a guide to ESG and its practical applications. Beyond introducing the structured procedures of the most common ESG approaches, it delves into the comprehensive impact on the value chain, providing practical insights. The text explores the latest trends in various business sectors, offering insights into their ESG practices. Closing with a forward-looking perspective, the book anticipates future developments such as climate change management and ESG certifications, while also addressing potential pitfalls encapsulated by the term “greenwashing”.Written by authors with a solid background in teaching and research, the book establishes a robust theoretical foundation. The inclusion of numerous practical examples and country-specific recommendations enhances this book’s applicability and makes it an invaluable resource to those navigating the complexities of ESG.
Implementing Integrated Reporting: Lessons from the Field (SpringerBriefs in Accounting)
by Cristiana BernardiSustainability, the environment, corporate accountability, social justice, integration – these are the buzzwords of our century. This book takes readers on a journey through the landscape of standard-setting giants and corporate reporting paradigms through the eyes of two companies that have taken very different paths toward integrated thinking. Both stories provide new insights into the transition to integrated reporting, as envisaged by the International Integrated Reporting Council (IIRC), and how integrated reporting is reshaping our views on transparency. However, the top-down approach adopted in studies of integrated reporting in practice has left many questions unanswered: Is it effective? How does it evolve into established practice? Is it just another management fad? This bottom-up critique answers all these questions and one more: Could integrated reporting become the corporate reporting norm? We shall see.Given its depth of coverage, the book appeals to IIRC academic community, participants in integrated reporting networks, and others interested in integrated reporting.
Implementing International Disability Law in the European Union: A Substantive and Procedural Appraisal (Routledge Research in EU Law)
by Ottavio QuiricoThis book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union.The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.
Implementing International Environmental Law and Policy: An Interactive Approach to Environmental Regulation (Routledge Research in International Environmental Law)
by Joanna Miller SmallwoodThis book introduces a novel discourse, based on socio-legal theory of compliance with international environmental law, which addresses the overarching question: When can international environmental law and policy achieve implementation, compliance, and be effective?Offering an important contribution to academic and practical understandings of implementation and compliance with international environmental obligations, the book firstly critiques existing multidisciplinary theories of law and then brings together international and domestic legal theories to highlight their symbiotic relationship. It also stresses the importance of interactions between domestic and international legal and policy processes. This pioneering discourse is argued to be transformative to international environmental regimes and offers a way for them to be truly normative and to achieve compliance.The book will be of interest to students and scholars in the field of socio-legal studies and international environmental law and policy.The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Implementing International Humanitarian Law: From The Ad Hoc Tribunals to a Permanent International Criminal Court
by Yusuf AksarImplementing International Humanitarian Law examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal Rwanda (ICTR). The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the International Criminal Court, is examined in light of the decisions rendered by the ad hoc tribunals and of the latest international humanitarian law instruments such as the 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind and the ICC Statute.
Implementing Juvenile Justice Reform: The Federal Role
by Committee on a Prioritized Plan to Implement a Developmental Approach in Juvenile Justice ReformIn the past decade, a number of state, local, and tribal jurisdictions have begun to take significant steps to overhaul their juvenile justice systems - for example, reducing the use of juvenile detention and out-of-home placement, bringing greater attention to racial and ethnic disparities, looking for ways to engage affected families in the process, and raising the age at which juvenile court jurisdiction ends. These changes are the result of heightening awareness of the ineffectiveness of punitive practices and accumulating knowledge about adolescent development. Momentum for reform is growing. However, many more state, local, and tribal jurisdictions need assistance, and practitioners in the juvenile justice field are looking for guidance from the federal government, particularly from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) in the Department of Justice. "Implementing Juvenile Justice Reform" identifies and prioritizes strategies and policies to effectively facilitate reform of the juvenile justice system and develop an implementation plan for OJJDP. Based on the 2013 report "Reforming Juvenile Justice," this report is designed to provide specific guidance to OJJDP regarding the steps that it should take, both internally and externally, to facilitate juvenile justice reform grounded in knowledge about adolescent development. The report identifies seven hallmarks of a developmental approach to juvenile justice to guide system reform: accountability without criminalization, alternatives to justice system involvement, individualized response based on needs and risks, confinement only when necessary for public safety, genuine commitment to fairness, sensitivity to disparate treatment, and family engagement. "Implementing Juvenile Justice Reform" outlines how these hallmarks should be incorporated into policies and practices within OJJDP, as well as in actions extended to state, local, and tribal jurisdictions to achieve the goals of the juvenile justice system through a developmentally informed approach. This report sets forth a detailed and prioritized strategic plan for the federal government to support and facilitate developmentally oriented juvenile justice reform. The pivotal component of the plan is to strengthen the role, capacity, and commitment of OJJDP, the lead federal agency in the field. By carrying out the recommendations of "Implementing Juvenile Justice Reform," the federal government will both reaffirm and advance the promise of the Juvenile Justice and Delinquency Prevention Act.
Implementing Quality in Laboratory Policies and Processes: Using Templates, Project Management, and Six Sigma
by Donnell R. Christian Jr. Stephanie DrillingIn order to gain accreditation, every laboratory must have a superior quality assurance program. The keys to a successful program are the operational and technical manuals and associated documents which define the program and its various components. Written by experts with global experience in setting up laboratories, Implementing Quality in Labora
Implementing REDD+ in Africa: A Human Rights Perspective
by Ademola Oluborode JegedeThis book presents a cohesive collection of contributions representing an African scholarly voice on some of the most burning and emerging topics and experiences regarding the implementation of REDD+ in Africa from a human rights perspective. It addresses the international human rights obligations of states and non-state actors in the context of REDD+ implementation in Africa; how current practices in various African states reinforce or affect human rights standards; and critical issues concerning the rights of vulnerable groups such as women, Indigenous populations, and forest dwellers in the implementation of REDD+ in Africa. Further, it investigates potential gaps in the existing laws, and how they can be addressed from a comparative point of view. The book also sheds light on the roles that different actors can play in fostering change and identifies best practices in the implementation of REDD+ in Africa.The book offers a rich intellectual resource for various actors in the environmental science, climate and environmental law fields who are often confronted with the challenge of how to manage the delicate balance of forests as a development resource; forests as a climate-change mitigation resource; and forests as a catalyst for the rights of vulnerable populations. The book responds to the imbalance and gaps in REDD+ scholarship. Addressing such lacuna in an edited volume of this nature is essential to the present and future work of practitioners, academics and other actors with a sustained interest in REDD+ in Africa.
Implementing Responsible Research and Innovation: Organisational and National Conditions (SpringerBriefs in Ethics)
by David Ludwig Ellen-Marie Forsberg Christian Wittrock Auke Pols Philip MacnaghtenThis open access book offers a unique and practically oriented study of organisational and national conditions for implementing Responsible Research Innovation (RRI) policies and practices. It gives the reader a thorough understanding of the different aspects of RRI, and of barriers and drivers of implementation of RRI related policies. It shows how different organisational and national contexts provide unique challenges and opportunities for bringing RRI into practice. The book provides concrete examples and offers the reader both a theory-based understanding of the topic, as well as guidance for action. The target audience encompasses, in addition to RRI students and scholars in particular, all students and scholars in the field of Science and Technology Studies (STS). The book is also of interest to students and scholars in the fields of research ethics, philosophy of science, organisational governance in the research system and organisational theory more generally. Finally, the book is of use to practitioners in research conducting and funding organisations working to implement RRI.
Implementing Sustainability Strategies in Networks and Clusters
by Alessandra De ChiaraThis book investigates the dynamics of the management of sustainability in networks and clusters - an area of increasing importance that is neglected by the many studies addressing sustainability at the single-enterprise level. The focus is in particular on projects involving groups of enterprises with a high level of productive interdependence and steady relations that allow sharing of resources and activities. The book is organized into two parts, the first of which discusses the value of the territory for firm competitiveness, examines the importance of social capital in creating sustainable business behaviors and "unique" networks, and describes principles and tools for the implementation and management of sustainability strategies in networks or clusters. The second part then presents the methodology and outcomes of empirical research conducted on industrial districts and productive centres in Campania, southern Italy, which are representative of Italian productive chains. The book will be of value to all management scholars with an interest in this field, as well as to readers wishing to learn more of the role of local institutions.
Implementing Triple Bottom Line Sustainability into Global Supply Chains
by Lydia Bals Wendy TateThe global sustainability challenge is urgent, tremendous and increasing. From an ecological perspective, the current worldwide resource footprint requires approximately 1.5 planets to sustain existing life, and with current usage would require two planets by 2030. The social impact of ever-growing resource use disproportionately affects the world’s poor – the 3 billion people living on less than $2.50 a day, as they struggle to acquire what is needed to survive. The serious ecological and social challenges we face in trying to establish global sustainable supply chains must not be underestimated, yet so far research has largely ignored the social dimension in favour of the environmental and economic. So how can we develop business strategies that move away from a primary economic focus and give equal weight to people, planet and profit? How can we create sustainable supply chains that take a true triple-bottom-line approach?Implementing Triple Bottom Line Sustainability into Global Supply Chains features innovative research, highlighting new cases, approaches and concepts in how to successfully implement sustainability – covering economic, ecological and social dimensions – into global supply chains. The four parts cover the rationale for sustainable global supply chains, key enablers, case studies showing clear implementation steps, and directions for future research and development.This book is a must-read for any academic researching in sustainable supply chain management, procurement or business strategy, and for business leaders seeking cases that will inform a critical step forward for CSR programmes.
Implementing a Gender-Based Arts Program for Juvenile Offenders
by Jill Leslie Rosenbaum Shelley SpivackStudies have shown that arts-based programming in juvenile detention settings can be an effective tool in rehabilitating and reintegrating youth who have come into contact with the juvenile justice system. Implementing a Gender-Based Arts Program for Juvenile Offenders focuses on a 2012-2013 program in Flint, Michigan and demonstrates that visual arts and poetry can be used effectively with young people in detention centers to improve self-image, increase confidence, and improve writing skills. Describing the program in detail, including the subjects addressed, the unforeseen pitfalls, and how individual lessons evolved over time, Implementing a Gender-Based Arts Program for Juvenile Offenders combines practical advice with a discussion of current literature on the use of integrating arts in juvenile correctional settings, as well as the literature identifying the need for gender-based programs, to provide guidance to juvenile justice and corrections professionals in their efforts to rehabilitate young people. About the Real-World Criminology Series More than just textbooks, the short books in the Real-World Criminology series are designed to be of interest to particular fields within criminology. They can be policy primers, spurring innovations in policing and corrections, theoretical works dealing with policy implications, or program evaluations incorporating theoretical foundations. Each book covers something that is happening –or should be happening—in the world of criminal justice.
Implementing and Working with the Youth Criminal Justice Act across Canada
by Marc Alain Susan Reid Raymond R. CorradoSince its implementation in 2003, the Youth Criminal Justice Act has been the subject of intense political and scholarly debate. A complicated mixture of provisions intended to provide harsher punishments for serious violent crimes while encouraging positive, non-punitive interventions in less serious cases, its impact on the youth justice system remains controversial.Implementing and Working with the Youth Criminal Justice Act across Canada provides the first comprehensive, province-by-province analysis of how each Canadian jurisdiction has implemented the Act in accordance with its own history, traditions, and institutional arrangements. Drawing on in-depth interviews with probation officers, counselors, educators, and social workers, the contributors use the experiences of practitioners to offer a new analytical perspective on a complicated and contentious aspect of the Canadian justice system. Their conclusions provide vital policy and program information for researchers, practitioners, and policy makers concerned with Canada's youth justice systems.
Implementing the Cape Town Convention and the Domestic Laws on Secured Transactions
by Souichirou KozukaThis book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention's rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner's point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.
Implementing the Responsibility to Protect: A Future Agenda (Global Politics and the Responsibility to Protect)
by Cecilia Jacob Martin MenneckeThis book examines core thematic approaches to the Responsibility to Protect (R2P) and analyzes case studies regarding the implementation of this important global norm. The volume analyzes this process at international, regional and local levels, and identifies an urgent need to progress from conceptual debates towards implementation in practice, in order to understand how to operationalize the preventive dimension of the R2P. It argues that R2P implementation necessarily entails the efforts of actors across governance levels, and that it is more effective when integrated into existing sites of practice aimed at strengthening human rights and accountability for populations in atrocity risk situations. The book addresses R2P implementation in the context of agendas such as resilience, gender, development cooperation, human rights, transitional justice, peacekeeping and civil-military relations. It details progress and challenges for implementation in the United Nations, regionally in Africa, Europe and Southeast Asia, and through national atrocity prevention architectures. The volume provides readers with a breadth of understanding in terms of both the development and current status of the R2P norm, and practical tools for advancing its implementation. This book will be of much interest to students of the Responsibility to Protect, Human Rights, Peace Studies, and International Relations in general.
Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women
by Elspeth Kaiser-DerrickIndigenous women continue to be overrepresented in Canadian prisons; research demonstrates how their overincarceration and often extensive experiences of victimization are interconnected with and through ongoing processes of colonization. "Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women" explores how judges navigate these issues in sentencing by examining related discourses in selected judgments from a review of 175 decisions. The feminist theory of the victimization-criminalization continuum informs Elspeth Kaiser-Derrick’s work. She examines its overlap with the Gladue analysis, foregrounding decisions that effectively integrate gendered understandings of Indigenous women’s victimization histories, and problematizing those with less contextualized reasoning. Ultimately, she contends that judicial use of the victimization-criminalization continuum deepens the Gladue analysis and augments its capacity to further its objectives of alternatives to incarceration. Kaiser-Derrick discusses how judicial discourses about victimization intersect with those about rehabilitation and treatment, and suggests associated problems, particularly where prison is characterized as a place of healing. Finally, she shows how recent incursions into judicial discretion, through legislative changes to the conditional sentencing regime that restrict the availability of alternatives to incarceration, are particularly concerning for Indigenous women in the system.