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This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights

This working paper offers an international legal perspective on the diverse and conflicting international reactions in response to Kosovo's Declaration of Independence on 17 February 2008. Considering the failure of the UN Security Council in conjuring up a common position, whether a condemnation or approval of Kosovo's desire to become an independent and sovereign member of the international community, each State was left to decide, on its own terms, how to react. The Council's failure is the upshot to what may be defined as the 'politics of recognition', ie, a diversity of differing and conflicting reactions of third States in response to the Kosovo Declaration, which reproduce the main positions in the original dispute rather than settling it. Against this background, the aim of this paper is three-fold. First, it seeks to explain the emergence of these politics. Secondly, it examines the complex nature of the disagreement that lies behind the diverse reactions, which includes a consideration of the reasons behind the different positions of recognising and objecting States as well as an interpretation of why so many States have chosen to remain silent. Thirdly, the paper reflects on the unfortunate implications of these politics. While by no means discarding the inherent international legal dimensions to the original dispute between Pristina and Belgrade, and a role for the International Court of Justice, the paper expresses hesitation about the capacity of international law and the Court to settle the disagreement about international law that is now developing. Furthermore, an exclusive focus on international law detracts attention from the need to continue to approach realities on the ground with a view to establishing a sustainable peace in the Balkan region.

AbstractLitigation involving individuals and entities whose financial assets have been frozen and whose names have been blacklisted in the fight against terrorism is on the rise around the world. However, the global 'securitization' of terrorism has rendered court performance of judicial review and the provision of remedies in these cases more difficult. What the main judicial challenges are, the need to overcome them, and how they can be overcome, are identified in this article as questions of central concern in an effort to secure the human right of effective access to justice for persons subjected to counter-terrorism sanctions. Special attention is given to the specific challenges facing the Court of Justice in the European Communities, the manner in which it has responded, and outstanding issues.

"This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on her ability to enjoy the rights and freedoms as recognised in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalised, but which warrant a central place in human rights research and on the international human rights agenda. Special attention is given to the circumstances induced by cultural differences between people and the laws by which they are expected to live. The circumstances are created by differing tools, know-how and skills (cultural equipment), diverse settlements on matters that are ultimately indifferent from the standpoint of cosmopolitan moral law (adiaphora), and conflicts having their source in conflicting doctrinesethical, religious and philosophicaladdressing deep questions about the ultimate purpose of human life (comprehensive doctrines). Each of the circumstances shifts the focus with the aim of securing effective and adequate protection of individual freedom, as societies become increasingly diversified in cultural terms and issues arise of access to laws and public institutions, exemption from legal obligations for reasons of conscience, fair resolution of conflicts having their source in differing ethical, religious and philosophical outlooks, and, excuse for breach of law in case of involuntary ignorance."--Bloomsbury Publishing

The advent of the CRISPR/Cas9 class of genome editing tools is transforming not just science and medicine, but also law. When the genome of germline cells is modified, the modifications could be inherited, with far-reaching effects in time and scale. Legal systems are struggling with keeping up with the CRISPR revolution and both lawyers and scientists are often confused about existing regulations. This book contains an analysis of the national regulatory framework in eighteen selected countries. Written by national legal experts, it includes all major players in bioengineering, plus an analysis of the emerging international standards and a discussion of how international human rights standards should inform national and international regulatory frameworks. The authors propose a set of principles for the regulation of germline engineering, based on international human rights law, that can be the foundation for regulating heritable gene editing both at the level of countries as well as globally.