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Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape.||Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark W

While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.

In this book, Bertus de Villiers offers unique insights into institutional design aimed at the protection of minority rights. He reflects on several case studies to highlight various aspects of the complexity of contemporary constitution drafting and how creative solutions have been found to secure the rights of minorities. The respective chapters drill down to a practical level to assist constitutional scholars, legal scientists, the judiciary and practitioners to better comprehend the dynamics of minority rights in the country under discussion; to be informed by the jurisprudence that have arisen; and to gain insights from the adjustments that had to be made to more effectively protect the rights of minorities

This dispassionate analysis of the legal implications of non-international armed conflicts explores the rules regulating the conduct of internal hostilities, as well as the consequences of intervention by foreign States, the role of the UN Security Council, the effects of recognition, State responsibility for wrongdoing by both Governments and insurgents, the interface with the law of human rights and the notion of war crimes. The author addresses both conceptual and specific issues, such as the complexities of 'failing' States or the recruitment and use of child soldiers. He makes use of the extensive case law of international courts and tribunals, in order to identify and set out customary international law. Much attention is also given to the contents of available treaty texts. This new updated edition takes into account the latest events in terms of the practice of States, judicial pronouncements and UN Security Council resolutions

Cover -- Endorsement Page -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Acknowledgements -- Table of Instruments -- Case Law -- Chapter 1 Introduction -- Context -- Research question -- Methodology -- Contribution to knowledge -- Structure -- Part I Historical context -- Chapter 2 A contextual study of victim centrality in eighteenth-century Britain -- Introduction -- The eighteenth century -- Politics -- The victim of crime -- In the popular imagination -- Compounding -- Conclusion -- Chapter 3 The causes and outcomes of the exclusion of victims from the nineteenth century Irish justice system -- Introduction -- The nineteenth-century causes of victim exclusion -- A fading noblesse oblige and a laissez-faire revolution -- Urbanisation within an industrialising Ireland -- Greater resident numbers move to cities -- Problems with the victim-centred system are emphasised -- The prevalent hesitancy regarding pursuing actions -- Britain's closest colony lists towards revolution -- British hegemonic rule becomes almost impossible -- The "fear of the crowd" and a move from "status to contract" -- Disorder sees social unrest become a persistent Irish issue -- The"Leviathan State" engenders punitive advancements -- Novel organisations begin dictating chastisement -- Reform alters regulation of juridical frames -- Traditionally overlooked transgressions Are prosecuted -- The impact of victim exclusion in nineteenth-century Britain -- Punishment becomes successfully centralised -- Conclusion -- Part II Sociological transformation -- Chapter 4 Feminism and victimology highlight hidden victimisation -- Introduction -- Victimology -- The birth of the study of victims -- Feminism -- Consciousness-raising and -changing -- Conclusion -- Chapter 5 Domestic drivers of change re-establish the victim.

Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress

"Migrant workers around the world are subject to exploitative labor practices that give employers extraordinary bargaining power. This book brings together researchers, practitioners and advocates who explore the many ways that contracted migrant workers are rendered vulnerable in the workplace. In this book, the term '21st century coolie' is deployed as a heuristic that foregrounds the deeply unequal structures shaping the transnational flows of short-term, migrant workers. The term "coolie" harkens back to the labor arrangements of earlier centuries that involved conscripted labor, indentured servitude and contract labor across national borders. Like those of past centuries, today's 'coolies' are subject to legal constraints inside and outside the employment relationship that force them into subjugated positions within the workplace. The chapters of this anthology situate contemporary global migration regimes in histories of colonization, uncover their racialized as well as gendered nature, and examine the role of nation-states in perpetuating conditions of extreme exploitation. The permeability, mutability, and durability of racial capitalism is revealed through an interdisciplinary and practice-oriented lens. Law and social science students in graduate courses on migration, labor, employment, employment discrimination, and race and the law will gain a deeper understanding of the issues facing migrant workers today, as will students in humanities, performance studies, narrative studies and communication studies"-- Provided by publisher

Status of refugees from the ethnic conflict; Serbia and Montenegro.

Intro -- Half Title Page -- Title Page -- Copyright -- Dedication -- Table of Contents -- Preface -- Acknowledgements -- Residential Schools and Reconciliation: A Canada Day Proposal -- The Doctrine of Discovery -- A Long Shadow -- Repudiate the Doctrine of Discovery -- Negotiate or Litigate? -- Who Are the "aboriginal peoples of Canada"? -- Why It Matters -- Indigenous Identity and Canadian Law: A Personal Journey -- A New Legal Remedy for Indigenous People -- Why It Matters -- What Does the Daniels Decision Mean? -- What the Court Said -- What the Court Did Not Say -- Why It Matters -- How to Fulfill the Duty to Consult -- Duty to Consult Is Not Public Consultation -- Minimum Requirements -- Consultation Plus -- Consent-Based Reconciliation -- The Piecemeal Infringement of Treaty Rights -- Why It Matters -- The Duty to Consult-A Second-Best Alternative -- Enge v. Mandeville et al., 2013 NWTSC 33 -- R. v. Hirsekorn, 2013 ABCA 242 -- Why It Matters -- Columbus's Ghost: Past Infringements and the Duty to Consult -- Why It Matters -- The Groundhog Day Conundrum -- What the Court Said -- Why It Matters -- Breathing Life Back into the Duty to Consult -- What the Court Said -- Why It Matters -- The Duty to Consult-A Roadblock to Direct Action -- Behn v. Moulton Contracting Ltd., 2013 SCC 26 -- What the Court Said -- Why It Matters -- The Duty to Consult as an Ongoing Obligation -- Why It Matters -- The Age of Recognition: The Significance of the Tsilhqot'in Decision -- Treaties-The Jig Is Up -- Provinces Burdened with Fulfilling Treaty Promises -- Environmental Assessments and the Duty to Consult -- Is the Duty to Consult Clear as Mud? -- Implications of the Tsilhqot'in Decision -- Canada's Misguided Land Claims Policy -- Colonization as Reconciliation -- Extinguishment Is Not the Answer -- Canada's Flawed Approach.

"Psychologists and other mental health professionals understandably experience significant anxiety regarding their duty to protect when working with potentially dangerous individuals who are at risk of harming others or themselves. In fact, a recent study suggests that 75% are misinformed about their legal duties to such clients. The duty to protect: Ethical, legal, and professional considerations for mental health professionals dispels myths and provides clinicians, supervisors, and trainers with a comprehensive resource addressing the situations in which a duty to protect may apply. In addition to defining and clarifying the duty to protect, the book describes assessment steps and interventions to reduce risk. The chapters are written by leading scientist-practitioners to promote best practices in some of the most ethically and legally challenging areas encountered. The contributors discuss the legal and ethical foundations of the duty to protect and the duty to warn; professional ethics codes in the United States and in other countries; and assessment of risk to others in cases involving threats of homicide, intimate partner violence, stalking, the transfer of communicable diseases, and impairment while operating heavy machinery or motor vehicles. Threats of harm to the self are also discussed in chapters that address suicide, self-injury, and end-of-life issues. This comprehensive resource will assist mental health providers in understanding their options and obligations and thereby improving the care they provide in some of the most stressful and potentially dangerous situations they face"--Jacket. (PsycINFO Database Record (c) 2009 APA, all rights reserved).