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International Measurement of Disability
by Barbara M. AltmanThis volume provides an informed review of the accomplishments of the Washington Group on Disability Statistics (WG) in the provision of international data and statistics on disability. It does so within the context of the UN Convention on the Rights of Persons with Disabilities. The volume includes a description of the development and testing of a short set of questions for Censuses, now used in approximately 29 countries and recommended in the U. N. 's Principles and Recommendations for Population and Housing Censuses: The 2020 Round, which includes disability as a core topic to be collected in censuses. It discusses the experiences of several countries on the use of the WG questions and how this has impacted on national agendas in the area of disability. It follows the development and testing of an extended set of questions for use in national surveys other than censuses and examines the challenges of translation and the importance of generating comparable question sets in different languages and within different cultures. It studies the examination of cognitive testing techniques in a variety of countries, and presents the results of the first round of censuses in 2010 in countries using the six question set. The volume includes discussions of the new development of question modules on a broad range of child disability and functioning, and the environmental contexts of participation that are part of the current work of the WG. In addition, it contains a reflection on the use of the WG's functionality approach to identifying disabilities by humanitarian agencies to identify disabilities in populations of displaced persons. A thoughtful conclusion addresses what the development of cross-nationally comparable data can mean for the improvement of circumstances for all persons with disabilities.
International Migration
by Susan F. MartinStates have long been wary of putting international migration on the global agenda. As an issue that defines sovereignty - that is, who enters and remains on a state's territory - international migration has called for protection of national prerogatives and unilateral actions. However, since the end of World War I, governments have sought ways to address various aspects of international migration in a collaborative manner. This book examines how these efforts to increase international cooperation have evolved from the early twentieth century to the present. The scope encompasses all of the components of international migration: labor migration, family reunification, refugees, human trafficking and smuggling, and newly emerging forms of displacement (including movements likely to result from global climate change). The final chapter assesses the progress (and lack thereof) in developing an international migration regime and makes recommendations towards strengthening international cooperation in this area.
International Migration and Global Justice (Law and Migration)
by Satvinder JussHow should international law approach the critical issue of movement of peoples in the 21st century? This book presents a radical reappraisal of this controversial problem. Challenging present-day ideas of restrictions on freedom of movement and the international structure that controls entry to states, it argues for a new blueprint for international migration policy that eliminates waste, aids both developing and developed societies and brings attendant benefits to voluntary migrants and involuntary refugees alike. In a world of increasing disorder, it is suggested that current policy only adds to international instability and threatens the interests of a functional global community.
International Migration and Human Rights: The Global Repercussions of U.S. Policy
by Samuel MartínezThis book contains essays divided into four sections, each section developing a different angle on the repercussions of U.S. policy for the rights of migrants at different points in history and in various parts of the world.
International Migration and the Law: Legal Approaches to a Global Challenge (Routledge-Giappichelli Studies in Law)
by Giovanni Cellamare Ida Caracciolo Pietro Gargiulo Angela Di StasiThis book discusses existing and future trends concerning the development of migratory policies between local and global levels, to understand the challenges and gaps in the protection of migrants. The collection explores international migration and its impact on sovereignty, international cooperation, security, and human rights. In particular, it takes into account the composite framework of international and national rules, and the role of judicial and monitoring bodies in protecting the rights of migrants, with the aim of assessing the state of the art, identifying the gaps, and formulating possible remedies. The work of some international organizations such as the UN and its specialized agencies and the European Union is investigated, together with a set of regional practices such as those of Latin America and South-East Asia, and countries, such as Mexico, Georgia, Tunisia, Italy, and the United States. The issues of the fundamental rights of migrants in the European legal order are also addressed, including the emerging scenarios related to recent crises like the one generated by the war in Ukraine. This timely collection will be essential reading for academics, researchers and policy-makers working in the areas of Migration Law, Asylum and Refugee Law, International Law, International Organizations, EU Law, International Human Rights Law, International Humanitarian Law, Comparative Law and Socio-Legal Studies.
International Migrations and Local Governance
by Thomas Lacroix Amandine DesilleThis volume provides a comprehensive overview of the role of local governments around the world in the management of the migration, integration and development nexus. Drawing on case studies from the Global North and South, this comparative work fills a lacuna in the existing literature which has focused largely on migration as addressed by European and North American cities. Further, it widens the current debate by confronting northern experiences with attitudes and strategies observed in sending countries; clearly demonstrating that international mobility has become a global issue for cities at both end of the migration spectrum. This innovative work will provide a valuable resource for students and scholars working in the social sciences, public policy and development; in addition to practitioners and policymakers.
International Natural Resources Law, Investment and Sustainability (Routledge Research in International Environmental Law)
by Shawkat Alam, Jahid Hossain Bhuiyan and Jona RazzaqueInternational Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.
International Negotiation in the Twenty-First Century (UT Austin Studies in Foreign and Transnational Law)
by Alain PlanteyNever have international relations between nations been so complex as in the current political climate. In this contemporary world international negotiation has become a combination of traditional diplomacy and the modern framework of conferences, multi-party institutions and organizations such as the European Union. While this diplomacy has, in the past, existed to prevent national and international conflict, its scope has expanded to deal with other problems facing us on a global scale. As negotiation is the primary tool to resolve international conflict, an understanding of the methods and principles of international negotiation remains essential. Only this form of diplomacy can hope to answer the global challenges we will face in the twenty-first century. International Negotiation in the Twenty-First Century is an accessible examination of negotiation and diplomacy on an international scale and is the first publication to analyze this fundamental concept in a single volume.
International Negotiation: A Process of Relational Governance for International Common Interest (Cambridge Studies on Environment, Energy and Natural Resources Governance)
by Evangelos RaftopoulosEvangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of 'objectivity' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a 'subjective' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.
International Neurolaw
by Tade Matthias SprangerWhereas the past few years have repeatedly been referred to as the "era of biotechnology", most recently the impression has emerged that at least the same degree of attention is being paid to the latest developments in the field of neurosciences. It has now become nearly impossible to maintain an overview of the number of research projects dealing with the functionality of the brain - for example concerning its organizational structure - or projects dealing with the topics of legal responsibility, brain-computer interface applications, neuromarketing, lie detection or mind reading. These procedures are connected to a number of legal questions concerning the framework conditions of research projects as well as the right approach to the findings generated. Given the primary importance of the topic for the latest developments, it is essential to compare the different legal systems and strategies that they offer for dealing with these legal implications. Therefore, the book International Neurolaw - A Comparative Analysis contains several country reports from around the world, as well as those of international organizations such as UNESCO, in order to show the different legal approaches to the topic and possible interactions.
International Order at Sea
by Geoffrey Till Jo Inge BekkevoldThis book examines how international order at sea is challenged, changed and maintained. The book surveys challenges to the international order at sea in the Asia-Pacific, the Indian Ocean Region, the Atlantic Ocean and the Arctic Ocean. It explores the interaction between and cooperation among leading, emerging and smaller naval powers, both naval and coastguard responses, required for the maintenance of good order at sea. Six broad and interlinked issues are identified that will influence the future international order at sea: the balance between the maritime and the continental domains; the balance between great power rivalry and cooperation; the contest between access and denial; the operational balance between preparing; building and training for warfighting as opposed to operations other than war; how to manage 'disorder' security challenges that very often transcends territorial waters and national boundaries, and finally, the balance between safeguarding national interests and contributing to collective efforts preserving the international order at sea.
International Organizational Anarchy: International Organizations as Full Actors in the Global Arena
by David Arellano-Gault Laura Zamudio-GonzálezInternational organizations are central actors on the global stage, yet their very existence is deeply shaped by their organizational nature. As entities with histories and environments, they navigate complex networks of members and stakeholders—often pursuing conflicting objectives. These organizations must operate, decide, and act amidst unforeseen events and challenges. Far from being abstract entities, international organizations embody all the complexities of organizations in the fullest sense. To survive, they must contend with anarchy: not only within the international system but also within their own structures and decision-making processes. Bridging the gap between Organization Theory and International Relations offers a promising avenue for building the concepts and case studies necessary to understand how organizational anarchy contributes to the creation of international order.
International Organizations (The Library of Essays in International Law)
by Jan KlabbersInternational organizations have come to occupy a central position in international governance, exercising many public functions and facilitating political debate amongst states and other actors, though it is only recently that the focus of legal discussions has begun to shift to controlling the activities of organizations. This volume assembles sixteen important essays addressing various issues relating to the law of international organizations, highlighting theoretical issues and ongoing political debates and emphasizing issues of control. The introductory essay provides an overview of the development of the politico-legal debate and situates the law of international organizations historically and in its contemporary context.
International Organizations and the Idea of Autonomy: Institutional Independence in the International Legal Order (Routledge Research in International Law)
by Nigel D. White Richard CollinsInternational Organizations and the Idea of Autonomy is an exploratory text looking at the idea of intergovernmental organizations as autonomous international actors. In the context of concerns over the accountability of powerful international actors exercising increasing levels of legal and political authority, in areas as diverse as education, health, financial markets and international security, the book comes at a crucial time. Including contributions from leading scholars in the fields of international law, politics and governance, it addresses themes of institutional autonomy in international law and governance from a range of theoretical and subject-specific contexts. The collection looks internally at aspects of the institutional law of international organizations and the workings of specific regimes and institutions, as well as externally at the proliferation of autonomous organizations in the international legal order as a whole. Although primarily a legal text, the book takes a broad, thematic and inter-disciplinary approach. In this respect, International Organizations and the Idea of Autonomy offers an excellent resource for both practitioners and students undertaking courses of advanced study in international law, the law of international organizations, global governance, as well as aspects of international relations and organization.
International Organizations and the Law
by Alexandra HarringtonDelving into the law and meaning of international organizations, this book addresses the laws relating to international organizations, their undertakings, and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations' law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization Written in an accessible and engaging way, this book is ideal reading for students new to the Law of International Organizations and as a reference for those active in fields impacted by international organizations.
International Organizations and the Law
by Alexandra R. HarringtonInternational Organizations and the Law addresses the laws relating to international organizations, their undertakings and the ways in which specific international organizations function and interact with one another. Assuming little background knowledge of international law, the book brings together key issues in international law and the history of international organizations in a cohesive manner, providing readers with a clear understanding of international organizations’ law in context. It addresses topics such as: organization functions and structure membership and membership powers the rights of international organizations dispute settlement in international organizations termination of an international organization. The second edition has been fully revised and updated to include coverage of the COVID-19 pandemic and its impact on the functions of international organizations; the invasion of Ukraine and the stresses placed on the UN, NATO and the international community; increased efforts in the climate change sector; and the overhaul of the NAFTA system and the impact of Brexit. Written in an accessible and engaging way, this book is ideal reading for students new to the law of international organizations and as a reference for those active in fields impacted by international organizations.
International Organizations in WTO Dispute Settlement
by Marina FolteaThis book analyses the role of international organisations in WTO dispute settlement as arising from a number of WTO disputes. In particular, the roles of the IMF, WIPO, WCO and WHO are addressed. The use of the Vienna Convention rules of interpretation framework allows an evaluation of the weight attributed to this material by the WTO adjudicator. This allows specific conclusions to be drawn regarding the level of institutional sensitivity of the WTO adjudicator to each of the organisations. As well as being a valuable source of research, the analysis will appeal to international law scholars, civil servants and law practitioners interested in the WTO and dispute settlement.
International Parental Child Abduction and the Law: The Case of Japan
by Geraldine CarneyJapan has faced widespread scrutiny for failing to properly address international parental child abduction involving its citizens. This book examines how and why Japan has come to have this tarnished image, its response, and how it might manage these disputes in the future. In particular, the book explores how Japan engages with international legal frameworks to manage international parental child abduction and what this means, in reality, for Japanese people and others who come under its wide umbrella. A focus of this examination is how the key international treaty, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, has fared since being introduced in Japan in 2014. Case studies of parental child abduction involving Japan are used throughout to illustrate the legal and social concepts discussed in the book. The struggles of both abducting and left-behind parents across fluid international borders reveal seismic social and philosophical shifts in Japan that continue to shape its legal landscape. This book will be a useful resource for students of Japanese Studies, Sociolegal Studies, Comparative Law and International Law.
International Patent Rights Harmonisation: The Case of China
by Weinian HuWith reference to China, this book examines the course of international patent rights harmonisation; its characteristics as well as impediments. It evaluates the case of China’s patent law development over the course of the last three decades by drawing on the most up-to-date Chinese language sources. In the process, the volume focuses on China’s patent legislation, its achievements and weaknesses, as well as the intrinsic limitations, especially as far as enforcement is concerned. The author pays close attention to the unique societal background in China, a country that did not provide constitutional recognition to private property rights until 2004 and where a property law entered into force as late as 2013, 30 years after the first promulgation of the patent law. Global trade policy makers, IP professionals and businesses will benefit from the insights presented by the chapters as they will help them to appreciate the achievements and the controversies pursuant to China’s efforts in patent protection. While serving as a useful case study for countries seeking to leverage patent protection as a driver for economic development, the book will equally facilitate Chinese legislature to reflect on its patent legislation development, specifically on legislative policy choices. An additional analytical strength of the volume is that it compares the Chinese patent legislation with the American Invents Act and the European Patent Convention. It discovers the differences between the three patent legislations by using the minimum patent protection standards set down by the TRIPS Agreement as the benchmark. The results of the comparisons suggest that China has successfully harmonised its patent legislation with the global patent protection system, and often opts for higher patent protection standards. The book also considers whether China could learn lessons from Japan and India in their respective patent legislation and policy choices. With China undertaking a fourth patent law amendment, the provisions contained in the second draft of the Patent Law 2015, which was published in December 2015, are included in the analysis.
International Perspectives in Values-Based Mental Health Practice: Case Studies and Commentaries
by Giovanni Stanghellini Bill Fulford Drozdstoy Stoyanov Werdie Van Staden Michael Th WongThis open access book offers essential information on values-based practice (VBP): the clinical skills involved, teamwork and person-centered care, links between values and evidence, and the importance of partnerships in shared decision-making. Different cultures have different values; for example, partnership in decision-making looks very different, from the highly individualized perspective of European and North American cultures to the collective and family-oriented perspectives common in South East Asia. In turn, African cultures offer yet another perspective, one that falls between these two extremes (called batho pele).The book will benefit everyone concerned with the practical challenges of delivering mental health services. Accordingly, all contributions are developed on the basis of case vignettes, and cover a range of situations in which values underlie tensions or uncertainties regarding how to proceed in clinical practice. Examples include the patient’s autonomy and best interest, the physician’s commitment to establishing high standards of clinical governance, clinical versus community best interest, institutional versus clinical interests, patients insisting on medically unsound but legal treatments etc. Thus far, VBP publications have mainly dealt with clinical scenarios involving individual values (of clinicians and patients). Our objective with this book is to develop a model of VBP that is culturally much broader in scope. As such, it offers a vital resource for mental health stakeholders in an increasingly inter-connected world. It also offers opportunities for cross-learning in values-based practice between cultures with very different clinical care traditions.
International Perspectives of Neuroscience in the Youth Justice Courtroom (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Hannah Wishart Ray ArthurThis collection presents international viewpoints on interdisciplinary problems that fall under the new and emerging field of neurojustice. The chapters critically explore a wide range of legal problems in youth justice for children and young persons through a neuroscientific lens. This comparative view is informed by analyses from academics and legal practitioners based in England and Wales, Ireland, the United States, and New Zealand. The work brings together a range of perspectives to discuss the use and relevance of neuroscience in the youth justice courtroom and how neuroscience is currently benefiting and impacting children and young persons in international youth justice trials. The book makes a valuable contribution to the existing literature in this field by offering a thorough examination of the intersection between these disciplines for children and young individuals at different stages of the trial process, including unfitness to plead, sentencing, and mens rea. It will appeal to students, academics and practitioners worldwide working in the areas of criminal law, neurolaw, neuroethics, juvenile law, and comparative law.
International Perspectives on Disability Exceptions in Copyright Law and the Visual Arts: Feeling Art
by Jani McCutcheon and Ana RamalhoThis book provides an overview of disability exceptions to copyright infringement and the international and human rights legal framework for disability rights and exceptions. The focus is on those exceptions as they apply to visual art, while the book presents a comprehensive study of copyright’s disability exceptions per se and the international and human rights law framework in which they are situated. 3D printing now allows people with a visual impairment to experience 3D reproductions of paintings, drawings and photographs through touch. At the same time, the uncertain application of existing disability exceptions to these reproductions may generate concerns about legal risk, hampering sensory art projects and reducing inclusivity and equity in cultural engagement by people with a visual impairment. The work adopts an interdisciplinary approach, with contributions from diverse stakeholders, including persons with disabilities, cultural institutions and the 3D printing industry. The book sketches the scene relating to sensory art projects. Experts in intellectual property, human rights, disability and art law then critically analyse the current legal landscape relating to disability access to works of visual art at both international and regional levels, as well as across a broad representative sample of national jurisdictions, and identify where legal reform is required. This comparative analysis of the laws aims to better inform stakeholders of the applicable legal landscape, the legal risks and opportunities associated with sensory art and the opportunities for reform and best practice guidelines, with the overarching goal of facilitating international harmonisation of the law and enhanced inclusivity.
International Perspectives on Education, Religion and Law (Routledge Research in Religion and Education)
by Charles J. RussoThis volume examines the legal status of religion in education, both public and non-public, in the United States and seven other nations. It will stimulate further interest, research, and debate on comparative analyses on the role of religion in schools at a time when the place of religion is of vital interest in most parts of the world. This interdisciplinary volume includes chapters by leading academicians and is designed to serve as a resource for researchers and educational practitioners, providing readers with an enhanced awareness of strategies for addressing the role of religion in rapidly diversifying educational settings. There is currently a paucity of books devoted solely to the topic written for interdisciplinary and international audiences involving educators and lawyers, and this book will clarify the legal complexities and technical language among the law, education, and religion.
International Perspectives on End-of-Life Law Reform: Politics, Persuasion and Persistence (Cambridge Bioethics and Law)
by Ben P. White Lindy WillmottMuch has been written about whether end-of-life law should change and what that law should be. However, the barriers and facilitators of such changes – law reform perspectives – have been virtually ignored. Why do so many attempts to change the law fail but others are successful? International Perspectives on End-of-Life Law Reform aims to address this question by drawing on ten case studies of end-of-life law reform from the United Kingdom, the United States, Canada, the Netherlands, Belgium and Australia. Written by leading end-of-life scholars, the book's chapters blend perspectives from law, medicine, bioethics and sociology to examine sustained reform efforts to permit assisted dying and change the law about withholding and withdrawing life-sustaining treatment. Findings from this book shed light not only on changing end-of-life law, but provide insight more generally into how and why law reform succeeds in complex and controversial social policy areas.
International Perspectives on Gender-Based Violence (Advances in Preventing and Treating Violence and Aggression)
by Madhumita PandeyThis book examines the multifaceted nature of gender-based violence (GBV) and the many forms it can take. It explores the area of GBV and its implications on human rights, law, and policy. The book highlights the significance of current international debates around preventing GBV and provides context for understanding GBV as a complex structural phenomenon deeply rooted in gender inequality. It addresses GBV as one of the most notable human rights violations within all societies and provides multiple global perspectives on GBV to address the common challenges and barriers to combating this issue.Key areas of coverage include:Sexual violence.Domestic violence.Intimate partner violence.Media Misogyny.Online trolling.Discrimination.Sex trafficking and modern slavery.Preventative Measures and role of men.International Perspectives on Gender-Based Violence is an essential resource for researchers, clinicians/therapists, and upper-level undergraduate and graduate students in developmental psychology, family policy, forensic psychology, human rights, public health, criminology/criminal justice, and clinical social work as well as all interrelated disciplines.