Suchergebnisse

This legal history of the Chinese experience in the American West, based on the author's lifetime of research in legal sources all over the West--from California to Montana to New Mexico--serves as a basic account of the legal treatment of Chinese immigrants in the West

"The International Committee of the Red Cross' release of its 2020 Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War, which updated the existing 1960 "Pictet Commentary," drew global attention to the international humanitarian law governing prisoners of war POWs. This book contributes to the dialogue with a collection of capita selecta identified by the contributors as meriting examination. Part I examines qualification for POW status from two angles. Four contributions deal with types and domains of warfare - proxy, fluid, maritime, and space. The remaining three take on issues regarding the status of detainees set forth in Article 4 of the Third Geneva Convention, specifically combatants, civilians accompanying the force, and members of a levée en masse. Part II discusses the treatment to which POWs are entitled. Topics range from a broad survey of key issues regarding POW treatment in contemporary conflicts to narrow topics that have created confusion or proven challenging in practice. The book concludes with Part III's consideration of the historical relevance of, and perspectives on, the international law governing POWs"--

In the 1990s inter-ethnic conflicts threaten the stability of many states. As a result the issue of minority rights has become an urgent concern for international lawyers. Minority and Group Rights in the New Millennium examines the way in which existing international law and human rights instruments protect the rights of minorities. In addition the essays in this volume address current debates on the fundamental issue of defining a minority, the complex arguments for expanding existing definitions and the legitimacy of claims by specific groups to qualify for minority status

The struggle for Palestinian sovereignty has been a quest for inclusion in--and recognition from--a world order that left them behind.Sovereignty has become a trap for Palestinians and getting out is a matter of political vision and will. The law does not determine any particular outcome, it only promises the contest over one.While Jewish and Palestinian sovereignty are incommensurable, their belonging is not. The law is not just and justice is not rule-based

Public health policies and practices -- People living with HIV : discrimination -- Disclosure and exposure -- Injecting drug use -- Sex work -- Men having sex with men -- Women -- Children -- Clinical research -- Information -- Access to medicines -- World Bank policies and procedures

According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity—including various forms of raced, classed, and sex-oriented masculinities—as operating simultaneously and creating different effects in different contexts.By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied

Indigenous peoples and the law : historical, comparative and contextual issues Benjamin J. Richardson, Shin Imai and Kent McNeil -- Promise and paradox : the emergence of indigenous rights law in Canada Mark D. Walters -- Dyadic character of US Indian law Benjamin J. Richardson -- Australia : the white house with lovely dot paintings whose inhabitants have 'moved on' from history? Jennifer Clarke -- Māori encounter with Aotearoa : New Zealand's legal system Jacinta Ruru -- The Inter-American System and the rights of indigenous peoples : human rights and the realist model James Hopkins -- Indigenous peoples and international law and policy Claire Charters -- Indigenous legal theory : some initial considerations Gordon Christie -- Aboriginal discourse : gender, identity and community Val Napoleon -- Judicial treatment of indigenous land rights in the common law world Kent McNeil -- Indigenous self-determination and the state Shin Imai -- Law of the land : recognition and resurgence in indigenous law and justice systems Christine Zuni Cruz -- The ties that bind : indigenous peoples and environmental governance Benjamin J. Richardson -- ADR processes and indigenous rights : a comparative analysis of Australia, Canada and New Zealand Michael Coyle -- Physical philosophy : mobility and the future of indigenous rights John Borrows

In "Trivial Complaints:" The Role of Privacy in Domestic Violence Law and Activism in the U.S., Kirsten S. Rambo examines the history of domestic violence law and activism in the U.S., particularly as this history has been affected by privacy. Legal and cultural concepts of privacy have historically influenced the ways in which this society has understood domestic violence. Rambo explores the relationship between privacy and domestic violence through an analysis of domestic violence litigation that is historically situated.

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

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

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.