SERIES:

N. Pushparajah
Pages: 334 pages
Shipping Weight: 450 gram
Published: 09-2016
Publisher: WLP
Language: US
ISBN (softcover) : 9789462403291

Product Description

This book explores the human rights obligations of armed non-state actors in non-international armed conflicts from the existing sources. This book seriously challenges the Statecentric view of human rights by breaking the traditional perception of international human rights regime that applies only to State actors. This book shows the necessity in considering the capacity of de facto regimes of armed non-state actors to incur human rights obligations in order to protect individuals and groups, and regulate their daily lives in the control areas of these armed non-state actors. Further, this book proves the capacity of armed non-state actors for violating human rights as well as bearing human rights obligations in non-international armed conflicts. The degree of human rights obligations of armed non-state actors, especially regarding civil and political rights, as well as obligations towards some vulnerable groups, has been confirmed in this book. Nevertheless it is very difficult to impose human rights obligations on armed nonstate actors without relying on other international norms such as international humanitarian law and international criminal law in non-international armed conflicts since these bodies of law give more detailed provisions to regulate the specific issue. In addition, the success of the fulfilment of obligations in international norms by armed non-state actors mostly depends on their capacity, willingness and intentions, including the ideology of a specific group.

Beyond the Link
André T. D. Figueiredo
Pages: 114 pages
Shipping Weight: 450 gram
Published: 04-2017
Publisher: WLP
Language: US
ISBN (softcover) : 9789462403802

Product Description

Some scholars and even human rights monitoring bodies have started to make the connection between corruption and human rights violations. When asked about this connection, most people easily picture a country ruled by a dictator who steals public money to support his luxury life while the population suffers from the lack of essential public services, such as healthcare and education. The connection in itself is appealing. Nonetheless, sometimes this connection is made without the proper concern for fully developing the argument and its consequences.

The purpose of this study is to go beyond this appealing link and to clarify the argument that making an explicit link with human rights has indeed added value. Framing corruption as a human rights violation cannot be an end in itself, a pure exercise of relabeling the problem. This study aims to give a practical significance to the connection by addressing, in a non-exhaustive way, the practical value of framing corruption as a human rights violation and the possibilities in which international human rights law can be used to strengthen the fight against corruption. By doing so, this book also presents how UN human rights bodies are referring to corruption, and how they could contribute more to fighting this global problem.

This book is an adapted version of the author's LL.M. thesis presented at Radboud University in June 2016,where he graduated cum laude after being the recipient of a scholarship.

A Legal and Ethical Necessity
Nicolás Carrillo-Santarelli
Pages: 458 pages
Shipping Weight: 450 gram
Published: 06-2017
Publisher: WLP
Language: US
ISBN (softcover) : 9789462403888

Product Description

In this book, addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, Prof. Nicolás Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct nonstate obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. In this sense, Chapter 1 explores why the protection of human dignity, being non-conditional, cannot depend on the presence of a State abuser. Chapter 2 explores the idea that every conduct contrary to human rights has legal relevance and requires a correlative appropriate legal response. Chapter 3 reinforces the previous ideas in light of the peremptory principle of non-discrimination; with Chapter 4 providing suggestions on when direct international action should take place. Part II, afterwards, studies why direct protection from non-state violations is possible and what legal mechanisms and institutions permit to make it effective. In Chapter 5, the author argues that the notion of international legal personality is not an obstacle since regarding addressees as subjects highlights the possibility of there being direct non-state international duties, which would not weaken existing human rights protections. Chapter 6 presents the argument that there are already implied human rights obligations of non-state actors, and that complementary obligations should be created. Chapter 7 explores the idea that non-state responsibility can coexist with that of other participants in violations, and that non-state responsibility is often a precondition of full reparations. The fi nal Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. The book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be them States, armed groups, international organizations, or other actors.

Nicolás Carrillo-Santarelli has a PhD in International Law and International Relations from the Autónoma de Madrid University and is currently Associate Professor of International Law at La Sabana University, Colombia.

A jurisprudential interpretation

February 2017
518 pages
Charles Alenga Khamala
ISBN: 9789462403628

In 2012, the International Criminal Court confirmed trials against four suspects for bearing the greatest responsibility for crimes against humanity perpetrated during Kenya's post-2007 election violence. In 2016, however, the Office of the Prosecutor withdrew all charges, decrying intolerable interference and political meddling in Deputy President William Ruto and journalist Joshua Sang's cases. In President Uhuru Kenyatta's case, the Court ultimately referred the government to the Assembly of State Parties for failing to cooperate with her investigations. The decision to prosecute has sparked outcry from some African countries, not only because the evidence is thin, or even since the suspects are senior leaders enjoying political power, but alleging selective justice. Suspects from strong Western countries tend to be overlooked. This book evaluates the ICC's controversial decisions conferring its jurisdiction over the situation in Kenya, confirming the charges and even compelling unwilling witnesses to appear and testify. It is true that in 1999 Kenya ratified the Rome Statute through which the international community seeks to promote retributive justice to hold leaders accountable and punish mass atrocities. However, in the context of transitional justice, domestic authorities preferred to respond to the alleged mass atrocities through structural reforms. Indeed, two ICC indictees, Kenyatta and Ruto won the 2013 presidential elections, indicating that the local public lacks confidence in the Hague process. From a practitioner's perspective, this book demonstrates the sociopolitical, cultural and contextual background which caused the ICC's legitimacy crisis. It is a must read for international criminal lawyers, policymakers, scholars, and other stakeholders.
Dr. Charles Alenga Khamala, Ph.D. (UPPA), LL.M. (London) and LL.B. (Nairobi) was Andrew W. Mellon Postdoctoral Fellow at Rhodes University, 2016 and KU Leuven Visiting Scholar, 2018. Having commenced at Kabarak University, he is currently a Senior Lecturer at Africa Nazarene University Law School, while practising as an advocate of the High Court of Kenya, is on the List of Counsel of the ICC, UNMICT, ACHPR, ICCBA, ADC-ICT, ILA, ICJ (K), WSV, LSK, EALS; alumni of AFRAKEN and Chevening (K).

M. Papandreou
Pages: 300 pages
Shipping Weight: 450 gram
Published: 09-2016
Publisher: WLP
Language: US
ISBN (softcover) : 9789462403277

Product Description

Poverty is a serious violation of human rights; this has been reiterated in numerous, national and international, documents and studies. The impact of poverty on the enjoyment of human rights has been explored extensively, and several commitments to eradicate poverty through promotion and protection of all human rights have been undertaken at a national, regional and international level.

There is however a question that has not been answered clearly and explicitly, and this is precisely the question that the author of this book attempts to answer, namely whether or not at this time it is possible to shift from the idea of poverty being a violation of various human rights to the idea of freedom from poverty being a distinct and separate new human right, which could simply be called “the right not to be poor”.

The author examines whether or not those mainly responsible for dealing with poverty at a global and domestic level, namely international organisations and national states, have slowly but clearly moved from perceiving poverty as a violation of a number of rights to recognising a human right not to be poor. In this book the author illustrates how international organisations and national states very often decide on and implement policies, adopt legislation or create case law, based on a firm belief that people have the right to be protected against poverty. The author attempts to elucidate the nature of the right not to be poor and its possible sources and theoretical foundations, and shed light on several interesting aspects of its implementation at a national and international level. 

Jernej Letnar Černič, Tara Van Ho (eds.)
Pages: 550 pages
Shipping Weight: 450 gram
Published: 03-2015
Publisher: WLP
Language: US
ISBN (softcover) : 9789462402072

Product Description

The global business environment has changed rapidly in the past decades, but the human rights and business discourse has often lagged behind. At the international level, hard law regulations still seem decades away. United Nations initiatives such as the Guiding Principles and the UN Working Group on the issue of human rights and transnational corporations and other business enterprises are more than a step in the right direction. However, they alone are insufficient to prevent violations and ensure victims receive justice. This edited book uses a broad and pluralistic understanding of direct human rights obligations, concentrating on legally enforceable standards. The enforceability can come directly from international law, through national legislation, or through non-state actors. The contributions engage both with the law as it is as well as the law as it needs to be developed. In doing so, the book challenges the current reticence to recognise direct human rights obligations of corporations by highlighting the various tools already available for remedying corporate human rights impacts while pushing for the development of further mechanisms.

This book and its contributors have followed pluralistic approaches to human rights and business. The book builds on existing literature, but also offers a unique contribution by considering the effectiveness and availability of current mechanisms as well as discussing gaps in the existing framework for human rights protection. The approach in this book allows for a clearer understanding of the global human rights framework, and the manner in which voluntary and binding initiatives can reinforce one another.

By weaving together analysis on the current standards and practices with critical approaches, this book allows scholars and practitioners to capture the complexity of holding businesses accountable for their human rights impacts.

Jernej Letnar Černič is an Assistant Professor of Human Rights Law at the Graduate School of Government and European Studies (Kranj, Slovenia), where he serves as a Vice-Dean. Tara Van Ho is a Project Associate with the Essex Business & Human Rights Project and a member of the Essex Transitional Justice Network.

The legal consciousness of Panamanian Ngäbe children migrating to Costa Rica for the coffee harvest and the vernacularization of the UN CRC
Carrie van der Kroon
Pages: 214 pages
Shipping Weight: 450 gram
Published: 09-2015
Publisher: WLP
Language: US
ISBN (softcover) : 9789462402584

Product Description

Alejandro (9 years) goes to school half days and otherwise “plays” on the finca, the coffee plantation. He points towards his older sisters: “They cannot read and do not go to school.” Libia (14 years), also a sibling, explains: “They harvest coffee instead.”

Thousands of Panamanians of the indigenous Ngäbe-Buglé peoples travel every year to Costa Rica to harvest coffee, mostly temporarily. They come from difficult circumstances: over ninety per cent of this group in Panama lives in extreme poverty. A majority of the migratory children (of all ages) work on the coffee fields.

This book sheds light on the world of indigenous Ngäbe-Buglé children, migrating and working from Panama on the Costa Rican coffee fields. It demonstrates and describes their experiences. All children agree that Costa Rica is beautiful, preti, as they say. Simultaneously they speak of violence, fears and deprivations. These children are both vulnerable and resilient. Their ideas do not always coincide with adult professionals or international human rights law.

“I write with the right” illustrates children’s consciousness of internationally codified rights and the reality on the ground. It furthermore demonstrates what actors and factors influence their realities and its implications for international human rights law, policies and legal theory.