Jean Allain – författare
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9 produkter
9 produkter
Inbunden, Engelska, 2012
1 675 kr
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"Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised." So reads the legal definition of slavery agreed by the League of Nations in 1926. Further enshrined in law during international negotiations in 1956 and 1998, this definition has been interpreted in different ways by the international courts in the intervening years. What can be considered slavery? Should forced labour be considered slavery? Debt-bondage? Child soldiering? Or forced marriage?This book explores the limits of how slavery is understood in law. It shows how the definition of slavery in law and the contemporary understanding of slavery has continually evolved and continues to be contentious. It traces the evolution of concepts of slavery, from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including manifestations of forced labour and trafficking in persons, and considers how the 1926 definition can distinguish slavery from lesser servitudes.Together the contributors have put together a set of guidelines intended to clarify the law where slavery is concerned. The Bellagio-Harvard Guidelines on the Legal Parameters of Slavery, reproduced here for the first time, takes their shared understanding of both the past and present to project a consistent interpretation of the legal definition of slavery for the future.
Inbunden, Engelska, 2004
1 966 kr
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Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.
Häftad, Engelska, 2017
630 kr
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Examining international law through the lens of the Middle East, this insightful study demonstrates the qualitatively different manner in which international law is applied in this region of the world. Law is intended to produce a just society, but as it is ultimately a social construct that has travelled through a political process, it cannot be divorced from its relationship to power. The study demonstrates that this understanding shapes the notion, strongly held in the Middle East, that law is little more than a tool of the powerful, used for coercion and oppression. The author considers a number of formative events to demonstrate how the Middle East has become an underclass of the international system wherein law is applied and interpreted selectively, used coercively and, in noticeable situations, simply disregarded. International Law in the Middle East brings various narratives of history to the fore to create a wider arena in which international law can be considered and critiqued.
Häftad, Engelska, 2018
482 kr
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Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law. This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: The re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.
Inbunden, Engelska, 2008
1 259 kr
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The Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy. Further details of the IYIL can be seen at: www.hartjournals.co.uk/iyil/.
Inbunden, Engelska, 2011
4 019 kr
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The Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
Del 1 - Travaux Préparatoires of Multilateral Treaties
Slavery Conventions
The Travaux Préparatoires of the 1926 League of Nations Convention and the 1956 United Nations Convention
Inbunden, Engelska, 2008
5 034 kr
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Slavery has taken on added significance in the twenty-first century as a result of its inclusion in the Statute of the International Criminal Court and it being a component part of the 2001 UN and 2005 Council of Europe conventions against trafficking. With limited and conflicting case-law on the issue, the compiling of the Travaux Préparatoires of the 1926 League of Nations and the 1956 United Nations conventions become essential in seeking to holding States or individuals responsible for violations of international law touching on slavery. The Travaux Préparatoires of the slavery conventions provide insights into the definitions of slavery, the slave trade, and various types of servile statuses while revealing information regarding the various obligations that States have undertaken to suppress the various manifestations of human exploitation.
Inbunden, Engelska, 2012
3 205 kr
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With the advent, in the twenty-first century, of the trafficking conventions and the criminalisation of enslavement before the International Criminal Court, the need to establish the black-letter law dealing with human exploitation has become acute. Slavery in International Law sets out the applicable law of human exploitation in the various sub-areas of international law, including general international law, human rights law, humanitarian law, labour law and the law of the sea; so as to create an overall understanding of what constitutes, in law, slavery and lesser types of human exploitation including: forced labour and servitudes such as debt bondage or servile marriage, as set out in the established definition of ‘trafficking in persons’.
Inbunden, Engelska, 2000
987 kr
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This study analyzes the first century of the evolution of international adjudication as a permanent fixture of the international society. Through a case study approach, examining specific international courts, the study seeks to demonstrate the various limitations to effective adjudication on the international plane. By examining the 'Hague System' of adjudication, as manifest in the Permanent Court of Arbitration and the World Court, the structural limitation of a system predicated on volunteer acceptance of adjudication is drawn out. Beyond this most important limitation to ensuring full respect of the international rule of law, the 1908 Central American Court of Justice is considered to demonstrate the political machinations which can impede and, in this case, ultimately destroy an international court. Focus then shifts to a comparative study on the Inter-American and European courts of human rights during the 1980-1998 era to demonstrate how limits in financing and staffing reduced the Inter-American Court to a shadow of its European counterpart despite appearing similar on paper.The role which judges play in the process of adjudication is the final limitation which is considered. Various cases before the Yugoslav Tribunal are taken into account to demonstrate the extent to which judges have sought to establish an `effective' international criminal law system often at the expense of the rights of the accused. Finally, the European Court of Justice is examined to demonstrate that the rule of law can be effectively implemented internationally if States so desire and that it is simply the intransigence of States, over the last century, which has limited the rule of law on the international plane.