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The Human Right to Water: Theory, Practice and Prospects
by Russell Malcolm Langford Anna F. S.In a short space of time, the right to water has emerged from relative obscurity to claim a prominent place in human rights theory and practice. This book explores this rise descriptively and prescriptively. It analyses the recognition, use and partly impact, of the right to water in international and comparative law, civil society mobilisation and public policy. It also scrutinises the normative implications of the right to water with a focus on challenges and puzzles it creates for law and policymaking. These questions are explored globally and comparatively within different dynamics of the sector - water allocation, water access and urban and rural water reform - and in conjunction with the right to sanitation. This multi-disciplinary volume reveals the diverse ways in which the right to water has been adopted, but also its limitations when faced with the realities of political economy, political ecology and partly, traditional legal thought.
The Human Rights Challenge to Immunity in International Law
by Selman ÖzdanThis book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.
The Human Rights Committee and the Right of Individual Communication: Law and Practice (Routledge Revivals)
by P. R. GhandhiThis book was originally published in 1998. Protection of Human Rights both at a regional and at an international level is now a major pre-occupation of International Law. The International Covenant on Civil and Political Rights 1966 is probably the most important single universal human rights instrument of our time, which both sets standards and ensures compliance with them, through measures of implementation. More than 135 States have accepted the obligations imposed by this Covenant. This book provides a comprehensive analysis of the provisions of the Optional Protocol, which enshrines the right of individual communication and the jurisprudence developed thereunder by the Human Rights Committee, which is the supervisory body of this treaty regime. It analyses the effectiveness of the committee in protecting the rights of individuals under the Optional Protocol. The book will be of particular interest to scholars engaged in the teaching of and research in the international protection of human rights. It will appeal to undergraduate and postgraduate law students. Practitioners in the international human rights field will also find it valuable. It should be of interest to international N.G.O.s and governmental officials engaged upon ensuring effective compliance with our international rights obligations.
The Human Rights Council: The Impact of the Universal Periodic Review in Africa (Routledge Research in Human Rights Law)
by Damian EtoneThis book examines the engagement of African states with the United Nations Human Rights Council’s Universal Periodic Review (UPR) mechanism. This human rights mechanism is known for its pacific and non-confrontational approach to monitoring state human rights implementation. Coming at the end of the first three cycles of the UPR, the work offers a detailed analysis of the effectiveness of African states’ engagement and its potential impact. It develops a framework which comprehensively evaluates aspects of states’ UPR engagement, such as the pre-review national consultation process and implementation of UPR recommendations which, until recently, have received little attention. The book considers the potential for acculturation in engagement with the UPR and unpacks the impact of politics, regionalism, cultural relativism, rights ritualism and civil society. The work provides a useful guide for policymakers and international human rights law practitioners, as well as a valuable resource for international legal and international relations academics and researchers.
The Human Rights of Older Persons: A Human Rights-Based Approach to Elder Law
by Kelly Purser Bridget Lewis Kirsty MackieThis book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of ‘old age’ to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in ‘old age’ are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.
The Human Rights-Based Approach to Carbon Finance
by Damilola S. OlawuyiThis book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.
The Human Toll: Taxation and Slavery in Colonial America
by Anthony C. InfantiHow the thirteen colonies deployed the power of taxation to support, promote, and perpetuate the institution of slaveryThe Human Toll documents how the American colonies used tax law to dehumanize enslaved persons, taxing them alongside valuable commodities upon their forced arrival and then as wealth-generating assets in the hands of slaveholders. Anthony C. Infanti examines how taxation also proved to be an important component for subjugating and controlling enslaved persons, both through its shaping of the composition of new arrivals to the colonies and through its funding of financial compensation to slaveholders for the destruction of their “property” to ensure their cooperation in the administration of capital punishment. The variety of tax mechanisms chosen to fund slaveholder compensation payments conveyed messages about who was thought to benefit from—and, therefore, who should shoulder the burden of—slaveholder compensation while opening a revealing window into these colonial societies.While the story of colonial tax law is intrinsically linked to advancing slavery and racism, Infanti reveals how several colonies used the power of taxation as a means of curtailing the slave trade. Though often self-interested, these efforts show how taxation can be used not only in the service of evil but also to correct societal injustices. Providing a fascinating account of slavery’s economic entrenchment through the history of American tax law, The Human Toll urges us to consider the lessons that fiscal history holds for those working in the reparations movement today.
The Human Use of Human Beings: Cybernetics and Society
by Norbert WienerFor the 75th anniversary, a new edition of The Human Use of Human Beings—the landmark book that delves into the relationship between humans and computers, and presciently anticipates many contemporary dilemmas surrounding AI technology. With a new introduction by Brian Christian, author of the bestselling Algorithms to Live By and The Alignment Problem.In 1950, mathematician-philosopher Norbert Wiener ended this classic book on the place of machines in society with a warning: “We shall never receive the right answers to our questions unless we ask the right questions.... The hour is very late, and the choice of good and evil knocks at our door.”Wiener, the founder of the science of cybernetics—the study of the relationship between computers and the human nervous system—was widely mislabeled as an advocate for the automation of human life. As The Human Use for Human Beings reveals, his vision was much more complex and interesting, and is more relevant in today’s world of AI than anyone could have anticipated.In his new introduction, Brian Christian aptly calls Wiener the “progenitor of contemporary AI-safety discourse.” Wiener hoped that machines would release people from relentless and repetitive drudgery to achieve more creative pursuits, yet he anticipated the danger of dehumanizing and displacement. His pioneering views on the human-machine relationship as a “communicative process” are only more crucial now, as we carry in our pockets AI devices that we can literally speak to. His prescient warnings illuminate our contemporary relationships with language, art, and even social media.The Human Use of Human Beings examines the implications of cybernetics for education, law, language, science, technology, as Wiener anticipates the enormous impact—in effect, a third industrial revolution—that the computer has had on our lives.
The Humane Economy: How Innovators and Enlightened Consumers Are Transforming the Lives of Animals
by Wayne PacelleA major new exploration of the economics of animal exploitation and a practical roadmap for how we can use the marketplace to promote the welfare of all living creatures, from the renowned animal-rights advocate Wayne Pacelle, President/CEO of the Humane Society of the United States and New York Times bestselling author of The Bond.In the mid-nineteenth century, New Bedford, Massachusetts was the whaling capital of the world. A half-gallon of sperm oil cost approximately $1,400 in today's dollars, and whale populations were hunted to near extinction for profit. But with the advent of fossil fuels, the whaling industry collapsed, and today, the area around New Bedford is instead known as one of the best places in the world for whale watching.This transformation is emblematic of a new sort of economic revolution, one that has the power to transform the future of animal welfare. In The Humane Economy, Wayne Pacelle, President/CEO of the Humane Society of the United States, explores how our everyday economic decisions impact the survival and wellbeing of animals, and how we can make choices that better support them. Though most of us have never harpooned a sea creature, clubbed a seal, or killed an animal for profit, we are all part of an interconnected web that has a tremendous impact on animal welfare, and the decisions we make--whether supporting local, not industrial, farming; adopting a rescue dog or a shelter animal instead of one from a "puppy mill"; avoiding products that compromise the habitat of wild species; or even seeing Cirque du Soleil instead of Ringling Brothers--do matter. The Humane Economy shows us how what we do everyday as consumers can benefit animals, the environment, and human society, and why these decisions can make economic sense as well.
The Humanisation of Global Politics: International Criminal Law, the Responsibility to Protect, and Drones (Studies on International Courts and Tribunals)
by Sassan GholiaghaThis book observes a growing humanisation of global politics relating to the appearance of individual human beings in discourses of global politics. It identifies a mismatch concerning International Relations theory and International Law and the study of the humanisation of global politics. To overcome this mismatch, Sassan Gholiagha proposes a novel theoretical framework based on feminist and constructivist International Relations theory and non-statist theories of International Law scholarship. The book applies this interdisciplinary framework together with an interpretative analytical framework to three cases: the discourse on prosecution, studying international criminal law and the work of the International Criminal Court; the discourse on protection, focusing on the Responsibility to Protect; and the use of drones in targeted killing operations. Drawing on these case studies and the frameworks, the book identifies how individual human beings as participants in global politics position themselves and are positioned by others in these various discourses.
The Humanist Ethics of Li Zehou (SUNY series, Translating China)
by Zehou LiLi Zehou's thought has achieved wide popularity and influence among both academic readers and the broader Chinese-reading public. His culminating views on ethics are collected here in a series of essays that highlight the importance of Confucian philosophy today. Li's groundbreaking ethics presents a powerful contemporary theory—one that inventively reconciles longstanding oppositions between relativism and absolutism, emotions and rationalism, and relationality and individuality. Seeing ethical values and principles as embedded in human psychology, society, and history, Li affirms their relativity; he also affirms the objective rightness and wrongness of beliefs, norms, and acts through their contribution to human progress and flourishing. Li thereby endorses modern Enlightenment liberal values, including individualism, rights, and freedoms, but from an original philosophical foundation. By drawing on classical Confucianism to prioritize the situated, relational, emotional constitution of human life, this concrete brand of humanism offers unique modern conceptions of the nature of reason, the source of morality, selfhood, virtue, and much more.
The Humanistic Person-centered Company (Issues in Business Ethics #55)
by Domènec MeléHumanism in business is not only an alternative to economism but a way to human excellence. Humanism presented here revolves around the rich notion of “human person”, keystone of modern personalist philosophy and Catholic Social Teaching. From this perspective this book is offered to everyone, believer and nonbeliever alike. The person-centered humanism considers the human-wholeness, individual and relational, with subjectivity, self-determination, openness to transcendence, and with capacity not only to possess but also to give. It also highlights the uniqueness of each person, endowed with a high constitutive dignity and in continuous process of flourishing toward human plenitude. An attitude of respect and good will is due to non-personal beings, while persons deserve to be treated with justice and even with love of benevolence. The book is prepared in dialogue with mainstream of thought in business and business ethics and focused on exploring ways to improve some conventional views. It includes some proposals such as a person-based ethics, ethics understood as intrinsic to business activity, the consideration of the company as an organized community of persons, and the purpose of the company oriented toward the common good through a double mission, internal and external. It is also suggested substituting the notion of “stakeholder” for the richer one of “relationholder.”
The Hungry Spirit: New Thinking for a New World
by Charles HandyWith his characteristically very personal anecdotal style, Charles Handy analyses how materialistic capitalism is self-limiting, how efficiency may be the enemy of a cohesive society, and examines the false certainties of science and religion. Offering a carefully considered and compelling alternative vision, the book challenges the status quo on everything from capitalism and organization to goal-setting and morality. With nods to Kant, Keynes, Sartre and Drucker, The Hungry Spirit is not your usual business tome, but that, of course, is part of Handy's plan.
The Hungry Steppe: Famine, Violence, and the Making of Soviet Kazakhstan
by Sarah CameronThe Hungry Steppe examines one of the most heinous crimes of the Stalinist regime, the Kazakh famine of 1930–33. More than 1.5 million people perished in this famine, a quarter of Kazakhstan’s population, and the crisis transformed a territory the size of continental Europe. Yet the story of this famine has remained mostly hidden from view. Drawing upon state and Communist party documents, as well as oral history and memoir accounts in Russian and in Kazakh, Sarah Cameron reveals this brutal story and its devastating consequences for Kazakh societyThrough the most violent of means the Kazakh famine created Soviet Kazakhstan, a stable territory with clearly delineated boundaries that was an integral part of the Soviet economic system; and it forged a new Kazakh national identity. But this state-driven modernization project was uneven. Ultimately, Cameron finds, neither Kazakhstan nor Kazakhs themselves were integrated into the Soviet system in precisely the ways that Moscow had originally hoped. The experience of the famine scarred the republic for the remainder of the Soviet era and shaped its transformation into an independent nation in 1991.Cameron uses her history of the Kazakh famine to overturn several assumptions about violence, modernization, and nation-making under Stalin, highlighting, in particular, the creation of a new Kazakh national identity, and how environmental factors shaped Soviet development. Ultimately, The Hungry Steppe depicts the Soviet regime and its disastrous policies in a new and unusual light.
The Hunt Club (Wyatt Hunt #1)
by John LescroartA federal judge is murdered, found shot to death in his home-together with the body of his mistress. The crime grips San Francisco. To homicide inspector Devin Juhle, it first looks like a simple case of a wife's jealousy and rage. But Juhle's investigation reveals that the judge had powerful enemies ...some of whom may have been willing to kill to prevent him from meddling in their affairs. Meanwhile, private investigator Wyatt Hunt, Juhle's best friend, finds himself smitten with the beautiful and enigmatic Andrea Parisi. A lawyer who recently has become a celebrity as a commentator on Trial TV, Andrea has star power in spades, and seems bound for a national anchor job in New York. Until Juhle discovers that Andrea, too, had a connection to the judge, along with a client that had everything to gain from the judge's death. And then she suddenly disappears.... Andrea becomes Juhle's prime suspect. Wyatt Hunt thinks she may be a kidnap victim, or worse ...another murder victim. And far more than that, she's someone with whom he believes he may have a future. As the search for Andrea intensifies, Hunt gathers a loose band of friends and associates willing to bend and even break the rules, leading them all to a chilling confrontation from which none of them might escape.
The Hunt Club: A gripping and breath-taking murder mystery (Wyatt Hunt Ser.)
by John LescroartWithin the law. Outside the system.The first book in an exciting series from New York Times bestselling crime author John Lescroart, featuring private investigator Wyatt Hunt. Perfect for fans of J.J. Miller and Sheldon Siegel. 'Compulsively readable' - San Francisco Chronicle A federal judge is murdered, found shot in his home together with the body of his mistress. To homicide inspector Devin Juhle, it looks like a case of a wife's jealousy and rage. But the judge had some powerful enemies... Meanwhile, Private Investigator Wyatt Hunt finds himself smitten with the beautiful and enigmatic Andrea Parisi, a celebrity television lawyer. But Andrea, too, had a connection to the judge, along with a client that had everything to gain from the judge's death. And then she suddenly disappears...Andrea becomes Juhle's prime suspect. Wyatt Hunt thinks she may be a kidnap victim, or worse, another murder victim. And far more than that, she's someone with whom he believes he may have a future. As the search for Andrea intensifies, Hunt gathers a loose band of friends and associates willing to bend and even break the rules, leading to a chilling confrontation from which none of them might escape.What readers are saying about The Hunt Club:'As in other Lescroart books, this reading leads you deep into the story... and then turns you around''Another thrilling tale of justice in San Francisco' 'The Hunt Club is fast-paced, exiting, suspenseful and filled with surprises'
The Hunted Heir: A Romantic Legal Drama
by Jayna BreighAfter a tragic loss, private investigator Nona Taylor swore off romantic entanglements and distanced herself from the world. Once a year, on New Year's Eve, she attends church to beg God for forgiveness, haunted by the guilt of driving her twin sister to her death. Attorney DeMarcus Johnson is determined to climb the ladder to partnership by winning high-profile cases at his Los Angeles law firm, harnessing his ADHD hyperfocus to excel. He's everything Nona knows to steer clear of--an overconfident ex-jock willing to do anything for success. Their worlds collide when Nona's pastor receives a mysterious letter claiming he's the sole heir to a substantial estate. Desperate for answers, Nona infiltrates a lavish charity ball, only to be found out by a suspicious stranger--so she latches onto DeMarcus and concocts a fib about being his fiancée. Now bound by a false engagement, the pair reluctantly join forces to discover the truth about the inheritance. But when an unseen enemy strikes, they realize the stakes are higher than they thought. Can Nona and DeMarcus overcome their differences to keep the pastor safe, secure DeMarcus's partnership, and preserve a future for themselves?
The I-5 Killer
by Ann RuleThe terrifying true crime story of the I-5 serial killer from Ann Rule, the #1 New York Times bestselling author of The Stranger Beside Me. Randall Woodfield had it all. He was an award-winning student and star athlete. he was drafted for pro football by the Green Bay Packers, and chosen by Playgirl as a centerfold candidate. Working in the swinging West Coast bar scene, he had his pick of willing sexual prospects. But Randall Woodfield wanted more than just sex. An appetite for unspeakable violent acts led him to cruise the I-5 highway through California, Oregon, and Washington, leaving a trail of victims along the way. As the list of his victims grew to a total of at least 44, the police faced the awesome challenge of catching and convicting a suspect who seemed to handsome and appealing to have committed such ugly crimes—crimes that filled every woman within his striking range with feat and horror....
The IBA Rules on the Taking of Evidence in International Arbitration
by Peter AshfordThe IBA Rules are the most common feature of international arbitration around the world, yet so far little work has been done exploring the Rules themselves. In this practical guide, Peter Ashford combines a detailed discussion of the Rules and the commentary from the Drafting Committee with a tabular view of the interaction between the Rules and those of the main arbitration institutions. Written by a respected and experienced arbitration practitioner, the guide conveniently brings into one place materials that will assist in the practical application of the IBA Rules. This contribution to an under-covered area of international arbitration provides an invaluable handbook for arbitration practitioners in law firms, chambers, and general or in-house counsel in large corporations.
The ICJ and the Evolution of International Law: The Enduring Impact of the Corfu Channel Case (Routledge Research in International Law)
by Karine Bannelier Theodore Christakis Sarah HeathcoteIn 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History
The ICSID Convention: A Commentary
by August Reinisch Christoph H. Schreuer Loretta Malintoppi Anthony SinclairThis unique compendium offers an article-by-article commentary to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-host State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention and academic writings on the subject. The first edition of this work has been relied upon by numerous arbitral tribunals. This second edition follows the same system and approach, but extensive updates reflect the vast increase in arbitral practice since the publication of the first edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention.
The ISM Code: A Practical Guide To The Legal And Insurance Implications (Lloyd's Practical Shipping Guides)
by Phil AndersonThe ISM Code has been mandatory for almost every commercial vessel in the world for more than a decade and nearly two decades for high risk vessels, yet there is very little case law in this area. Consequently, there remains a great deal of confusion about the potential legal and insurance implications of the Code. <P><P> This third edition represents a major re-write and addresses significant amendments that were made to the ISM Code on 1st July 2010 and 1st January 2015. <P><P> This book provides practitioners with a practical overview of, and much needed guidance on, the potential implications of failing to implement the requirements of the Code. It will be hugely valuable to DPAs, managers of ship operating companies, ship masters, maritime lawyers and insurance claims staff.
The ISO 14000 EMS Audit Handbook
by Greg JohnsonThe ISO 14000 EMS Audit Handbook is an innovative and cost-effective approach for the Environmental Management System (EMS) audit to ISO 14001. The Handbook presents comprehensive strategies for conducting all phases of the EMS audit, including effective assessment processes for determining improved environmental performance.
The Idea of Authorship in Copyright (Applied Legal Philosophy)
by Lior ZemerAs information flows become increasingly ubiquitous in our post digital environment, the challenges to traditional concepts of intellectual property and the practices deriving from them are immense. The romantic understanding of the lone author as an endless source of new creations has to face these challenges. In order to do so, this work presents a collectivist model of intellectual property rights. The core argument is that since copyright works enjoy profit from significant public contribution, they should not be privately owned, but considered to be a joint enterprise, made real by both the public and author. It is argued that every copyright work depends on and is reflective of the author's exposure to externalities such as language, culture and the various social events and processes that occur in the public domain, therefore copyright works should not be regarded as exclusive private property. The study takes its organizing principle from John Locke, defining and proving the fatal flaw inherent in debates on copyright: on the one hand the copyright community is eager to arm authors with a robust property right over their creation, while on the other this community totally ignores the fact that the exposure of the individual to externalities is what makes him or her capable of creating material that is copyrightable. Just as Locke was against the absolute authority of kings, the expressed view of the study is against the exclusive right an author can claim.
The Idea of Evil
by Peter DewsThis timely book by philosopher Peter Dews explores the idea of evil, one of the most problematic terms in the contemporary moral vocabulary. Surveys the intellectual debate on the nature of evil over the past two hundred years Engages with a broad range of discourses and thinkers, from Kant and the German Idealists, via Schopenhauer and Nietzsche, to Levinas and Adorno Suggests that the concept of moral evil touches on a neuralgic point in western culture Argues that, despite the widespread abuse and political manipulation of the term ‘evil’, we cannot do without it Concludes that if we use the concept of evil, we must acknowledge its religious dimension