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Protection Of Sexual Minorities Since Stonewall

Author: Phil C.W. Chan
Publisher: Routledge
ISBN: 1317997115
Size: 43.37 MB
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The Stonewall Riot in New York in 1969 marked the birth of the sexual minority rights movement worldwide. In the subsequent four decades, equality and related rights on grounds of sexual orientation and gender identity have been enshrined in many African, Asian, Australasian, European and North American countries, thanks to better informed discourses of the natures of sexual orientation, gender identity, equality and rights that systematic scientific and socio-legal research has generated. Discrimination, harassment and persecution on grounds of a person’s sexual orientation or gender identity, however, continue to pervade the laws and social norms in all developed and developing countries. In tribute to the courage of those who participated in the Stonewall Riot, this book examines the progress and stalemate in various countries on five continents, as well as in the development of international law, concerning the rights of persons belonging to sexual minorities. This book covers issues including homophobic bullying and gay–straight alliances in schools; the merits and problems that legislation prohibiting hate speech on grounds of sexual orientation presents; criminal justice systems in relation to male rape victims and to criminalisation of HIV exposure and transmission; the development of sexual minority rights, from historical and socio-legal perspectives, in Hong Kong, Japan, Singapore, and Zimbabwe; the lives of transgender persons in Asian countries; the evolution, operation and impact of international and domestic refugee laws on sexual orientation and gender identity as grounds for refugee status and asylum; and the conflicts between law, religion and sexual minority equality rights that inhere in the same-sex marriage debate in Ireland. This book was previously published as a special double issue of The International Journal of Human Rights.

Sexuality And Equality Law

Author: SuzanneB. Goldberg
Publisher: Routledge
ISBN: 1351548948
Size: 75.99 MB
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Sexual rules and regulations are among society?s oldest yet it is only in recent decades that this once-stigmatized field has become the focus of scholarly attention. This volume, which includes some of the most thought-provoking and hard-to-find essays in the field, covers a diverse range of topics from sexual orientation and gender identity to intersexuality and commercial sex, and from HIV/AIDS and trafficking to polygamy. Through historical, political and critical-theoretical lenses, and through a global focus, the selections ask how we conceptualize the groups and acts subjected to sexual regulation and how regulations in the field implicate and produce understandings of sexuality and identity. By placing this variety of works together, Sexuality and Equality Law invites fresh insights into commonalities and synergies across regulatory arenas that are often isolated from one another. The volume?s introduction situates all of these works in the broader field and offers readers an extensive bibliography.

Religious Hatred And International Law

Author: Jeroen Temperman
Publisher: Cambridge University Press
ISBN: 1316453871
Size: 38.18 MB
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The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.

Equality In Asia Pacific

Author: Phil C.W. Chan
Publisher: Routledge
ISBN: 1317983637
Size: 31.65 MB
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In 1948, the United Nations General Assembly proclaimed the Universal Declaration of Human Rights, stating every human being’s right of equality in dignity and right. However, notwithstanding recognition by the international community of its importance and codification in numerous national and sub-national constitutions and legislation, reinforced by various multilateral and regional human rights treaties, the right of equality continues to be unable to take complete firm hold in all regions and countries. Evidence, as presented by the insightful papers in this collection, published initially as a Special Double Issue of The International Journal of Human Rights dedicated to exploring the place of equality in Asia-Pacific societies, suggests that although progress is being made the right of equality has not yet fully materialized, both in law and in reality, in the world’s most populous region. Many factors, particularly entrenched cultural heritage and practices, the lingering effects of colonialism and newly found independence, and, above all, pervasive ignorance and prejudices, continue to impede the recognition, development and protection of equality in this region. Of course, equality, a normative right and entitlement by virtue of our humanity, has neither been fully achieved in societies outside the region. Such neo-colonial thinking in fact perpetuates and assists in the subjugation of the right of equality in the Asia-Pacific Region as a matter of relevance and concern only to Western countries. Accordingly, we hope that our discussions will also be able to shed light and generate reflections on realities outside the region as interlinked with our aim. The Editor’s book fee has been donated to the UNICEF Tsunami Fund. This book was previously published as a special issue of The International Journal of Human Rights.

China State Sovereignty And International Legal Order

Author: Phil C.W. Chan
Publisher: Hotei Publishing
ISBN: 9004288376
Size: 57.64 MB
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In China, State Sovereignty and International Legal Order, Phil C.W. Chan explores the nexus between China’s exercise of State sovereignty and international legal order, and the locus in which State sovereignty resides in international law and foreign policy-making.

Contesting The Foreshore

Author: Jeremy Boissevain
Publisher: Amsterdam University Press
ISBN: 9789053566947
Size: 10.87 MB
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This collection of essays examines social, political, and economic relations in primarily European coastal locations through the lens of tourism. The contributors explore the intersecting interests of fishing, tourism, and development and the conflict among local communities and market forces, all of which are infused with the symbolism of the sea as a place of mystery and danger. From the tensions between Cornish villagers and city visitors to the explosion of resort development in Gran Canaria, the authors consider the relationship between local residents, businesses, and tourist newcomers as they vie for status, influence, and, ultimately, for space.

Universal Jurisdiction In International Criminal Law

Author: Aisling O'Sullivan
Publisher: Taylor & Francis
ISBN: 1317301218
Size: 54.27 MB
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With the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.

The Political Economy Of Ottoman Public Debt

Author: Murat Birdal
Publisher: I.B.Tauris
ISBN: 0857718150
Size: 25.24 MB
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In the late nineteenth century many debtor countries faced severe external debt service problems and eventually had to agree on new contracts for the settlement of their debts. This process always involved power asymmetries in favour of the creditors. In some cases, the lenders were satisfied by institutional changes aimed at securing the repayment of their loans, and the creation of opportunities to further their economic or political gains. In other cases, the lenders went even further and seized direct control of the fiscal revenues of the debtor countries. Among these countries, the Ottomans present a unique case of an empire gradually dissolved and peripheralized within the capitalist world economy. This book analyzes the external debt crisis in the Ottoman Empire by focusing on the institutional changes following the establishment of the Ottoman Public Debt Administration (OPDA) and its role in the peripheralization of the Ottoman economy. _x000D_ _x000D_ The limitations of a pre-capitalist economy largely based on subsistence production determined the limited external trade potential of the empire. The institutional reforms initiated by the OPDA restructured the export oriented sectors of the Ottoman economy, contributed to the gradual dissolution of subsistence production, and consequently boosted external trade of the empire. Moreover, the expansion of foreign trade was accompanied by a drastic increase in foreign direct investment after the establishment of the OPDA, which created a safer environment for foreign investment. Within this framework, Murat Birdal demonstrates the ‘dual role’ played of the OPDA. On the one hand, the OPDA represented a striking example of ‘colonization through lending’ arguments, due to its pivotal role in the exacerbation of European imperialism. On the other, the OPDA made a significant contribution to the modernization of Turkish public financial administration and the establishment of a public enterprise system, which later formed the backbone of the modern Turkish economy. _x000D_ _x000D_ Murat Birdal here provides the first in-depth study of the Ottoman Public Debt Administration. This book will be invaluable to scholars of Ottoman, Middle East and economic history._x000D_