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Freedom of religion, secularism, and human rights
Get PDFThis interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.1: What Should Freedom of Religion Become?, Nehal Bhuta
2: Reimagining Secularism: Respect, Domination and Principled Distance, Rajeev Bhargava
3: Citizenship, Religious Rights, and State Identity in Arab Constitutions: Who is Free and What Are They Free to Do?, Nathan J. Brown
4: Communal Religious Rights or Majoritarian Oppression: Conversion and Proselytism Laws in Malaysia and India, Carolyn Evans and Timnah Rachel Baker
5: Too Much Secularism? Religious Freedom in European History and the European Court of Human Rights, Samuel Moyn
6: US Exceptionalism in the Regulation of Religion, Winnifred Fallers Sullivan
7: Rethinking Secularism in Europe, Lorenzo Zucc
Present futures: concluding reflections and open questions on autonomous weapons systems
No full textNo abstract available
Present futures: concluding reflections and open questions on autonomous weapons systems
No full textNo abstract available
Awareness and Responsibility in Autonomous Weapons Systems
No full textThe following sections are included:
Introduction
Why Computational Awareness is Important in Autonomous Weapons
Flying Drones and Other Autonomous Weapons
The Impact of Autonomous Weapons Systems
From Autonomy to Awareness: A Perspective from Science Fiction
Summary and Conclusion
Human rights in transition
Get PDFPublished: 07 May 2024This edited volume brings together leading scholars in international law and international human rights to reflect upon the future of human rights, but with a firm grounding in an assessment of the present and the (recent and distant) past. It is neither uniformly critical nor uniformly celebratory of the possible futures for human rights law and politics. It thus eschews the polarized and one-sided approach that can too easily dominate either side of the debate. The result is a very rich set of essays that delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future. No author is overtly concerned with saving or damning the human rights enterprise. Instead, each combines critical analysis with sober reflection to provide a fertile point of view on the present from which intimations of the future can be discerned.-- 1 Recovering Social Rights -- 2 The Future of Social and Economic Rights -- 3 Mutual Trust and the Future of Fundamental Rights Protection in the EU's Compound Legal Order -- 4 Human Rights Connectivity and the Future of the Treaty Body System -- 5 Feminist Futures in Human Rights -- 6 Climate Pathways and the Future of Human Right
Climate pathways and the future of human rights
No full textThe science of climate change approaches the future through ‘scenarios’ and ‘pathways’, elaborated in successive IPCC reports that, beginning from putative endpoints in terms of likely temperature increases by 2100, plot backwards to trace likely trajectories (social, political, economic) leading to possible future outcomes. The body of law comprising ‘human rights’ is implicated in this future-casting—both insofar as the future endpoints themselves denote a series of relative outcomes (successes and failures) in the ‘implementation’ of human rights norms and objectives and insofar as human rights law supplies a series of directives that stand, in principle, to shape future climate trajectories. Despite this apparent co-constitution, however, these twin registers—climate change and human rights—remain strikingly detached from one another from both normative and epistemological perspectives. In thinking about climate change and human rights together, a science of probability-assessment and scenario-construction confronts a law of principled purity and factual certitude. The chapter examines possible ‘human rights pathways’ by reference to the determination of global temperature targets, on one hand, and of national mitigation policies, on the other
The frontiers of human rights : extraterritoriality and its challenges
No full textIn an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. Human rights are invoked to address a number of global-scale problems, such as trans-border environmental harm, social and economic development, global inequality, the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state. The chapters collected in this volume grapple with the promise and the dilemmas of the extraterritorial application of human rights law through an analysis of the legal, theoretical, and practical questions raised by extending states' human rights obligations beyond their national territories.-- 1: Nehal Bhuta: The Frontiers of Extraterritoriality - Human Rights as Global Law
-- 2: Aeyal Gross: The Righting of the Law of Occupation
-- 3: Marko Milanovic: Extraterritorial Derogations from Human Rights Treaties in Armed Conflict
-- 4: Tullio Treves and Cesare Pitea: Piracy, International Law, and Human Rights
-- 5: Ralph Wilde: Dilemmas in Promoting Global Economic Justice through Human Rights Law
-- 6: Jorge E. Viñuales: A Human Rights Approach to Extraterritorial Environmental Protectio
Governing disputed maritime areas
Get PDFFollowing the adoption of the 1982 UN Convention on Law of the Sea (the LOSC), coastal states were able to claim national jurisdiction over maritime areas adjacent to their coasts up to 200 nautical miles, or more in some circumstances. The expansion of the spatial extent of maritime areas that coastal states could claim, together with other geographical and physical factors, such as the proximity of coasts and the existence of islands, brought many maritime areas under concurrent and overlapping claims by two or more opposite or adjacent neighbouring coastal states. However, overlapping maritime claims may also exist due to competing claims of sovereignty over land and disputes over the status of maritime features, which dictate the entitlements of such features to maritime zones, or disputes over claims to sovereignty over such features. All such maritime areas of contestation, whether arising due to undelimited boundaries or sovereignty disputes over land, are referred to as disputed maritime areas. Given the technical and political difficulties surrounding maritime boundary delimitation and sovereignty disputes, negotiations do not always resolve the differences between the parties right away. In some circumstances, maritime boundary delimitation can take decades to agree upon, in others possibility of an agreement over maritime boundaries seems distant due to the existence of disputed claims to sovereignty over land, such as islands or other maritime features. Pending agreement, disputed maritime areas are characterised by competing claims to sovereignty, sovereign rights, and jurisdiction, depending on the maritime zone, complicating the exercise of coastal state competencies. In practice, disputes over maritime areas can also regularly escalate leading to military stand-offs and even acts of violence. This reality, begs the question: what is the normative and institutional framework for managing disputed maritime areas?
This thesis explores this question through the concept of ‘governance’, which is influenced by the literature on ‘ocean governance.’ The conceptual framework of governance allows the thesis to address and account for the relationship and interaction between principles rules and institutions in the management of disputed maritime areas. Whilst rules dictate what is lawful or unlawful behaviour in disputed maritime areas under the international legal framework, an exclusively bilateral legal analysis of disputed maritime areas presents only a limited picture of how disputes are or can be, managed in practice. A governance perspective on disputed maritime areas is valuable because it helps reframe the problem and consider disputed maritime areas within the broader framework in which they are situated. This thesis aims to demonstrate that managing disputed maritime areas is a process that takes place at multiple levels, based on the normative framework (principles and rules), with the inclusion of institutions and other processes. Importantly, different processes are not mutually exclusive, they should rather be seen as complementary to each other
Bil'in and Beyond - Prosecuting Corporate Complicity in War Crimes under Canadian Law
No full textThis paper outlines a prosecutorial framework by which Canadian corporations can be held criminally liable for their involvement in war crimes, crimes against humanity or genocide. Combining the provisions of the Crimes Against Humanity and War Crimes Act with the corporate liability standards found in the Canadian Criminal Code, a standard of liability emerges which appears well designed to generate findings of guilt against multinational corporations with complicated ownership structures, a myriad of representatives and far-flung operations. This model standard, it is hoped, might furthermore contribute to the global debate regarding multinational corporate accountability. By applying the proposed framework to two Canadian corporations constructing internationally illegal settlements on the farmlands of Bil‘in in the West Bank, I therefore seek to test its practical relevance, as well as to demonstrate the theoretical underpinnings and legal sources (domestic and international) which would support its application, both in this instance and beyond.MAS
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