"The language and concept of rights is one that Indigenous people turn to more and more. We all hold these rights by virtue of being human even if we have a different cultural construct of what those rights might mean in practice. This book makes a valuable contribution to those debates by providing a platform for the injection of perspectives from Indigenous and non-Indigenous Australians, as well as a number of overseas Indigenous lawyers and academics."Professor Larissa Behrendt, Director, Jumbunna Indigenous House of Learning, Professor of Law and Indigenous Studies, University of Technology SydneyIndigenous Human Rights is an edited selection of proceedings of the Australian Indigenous Human Rights Conference, organised by members of Southern Cross University in February 2000. The collection covers a range of issues relating to Indigenous human rights including: racial discrimination and 'special measures'; removal of children; law and order; access to the United Nations; and prospects for the use of international law. One of the most important aspects of the book is the range of Indigenous and non-Indigenous contributors from Australia, the Pacific, north America, and Europe.
This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
This book explores the impacts of global economic, political and cultural shifts on various international legal frameworks and legal norms. The economic growth of states throughout Asia, South and Central America and Africa is having a profound effect on the dynamics of international relations, with a resulting impact on the operation and development of international law. This book examines the influence of emerging economies on international legal rules, institutions and processes. It describes recent and predicted changes in economic, political and cultural powers, flowing from the growth of emerging economies such as China, India, Brazil, South Africa and Russia, and analyses the influence of these changes on various legal frameworks and norms. Expert contributors drawn from a variety of fields, including international law, politics, environmental law, human rights, economics and finance, provide a broad analysis of the nature of the shifting global dynamic in its historical and contemporary contexts, and a range of perspectives on the impact of these changes as they relate to specific regimes and issues, including climate change regulation, collective security, indigenous rights, the rights of women and girls, environmental protection and foreign aid and development. The book provides a fresh and comprehensive analysis of an issue with extensive implications for international law and politics. Shifting Global Powers and International Law will be of interest to students and scholars of international relations; international law; international political economy, human rights; and development.
Depuis les temps de la découverte, l'Australie a alimenté curiosité et fantasmes chez les Européens, puis une convoitise liée à son extraordinaire immensité, ses richesses minérales et sa diversité naturelle. Aujourd'hui la plupart de ses mystères ont été dissipés mais l'Australie fascine pourtant les Européens, comme si elle n'avait pas livré encore tous ses secrets. Peu de Français connaissent l'histoire de ce continent d'" en bas " qui, de l'autre côté de la terre, a dû conjuguer les traditions millénaires des peuples autochtones, la présence de bagnards et les exigences impériales de l'Angleterre. Devenue libre et moderne, l'Australie n'en demeure pas moins une nation hantée par un passé qu'obscurcit la non-reconnaissance de l'Autre aborigène. Hantée par l'illusion de la Terra nullius - cet espace vierge originel où doivent nécessairement s'exercer les prérogatives de l'envahisseur européen -, l'Australie cherche des moyens, légaux, sociaux, culturels, d'accomplir une réconciliation dont dépend en grande partie le sentiment d'une appartenance et d'une identité nationales. Depuis que les Jeux olympiques de Sydney ont soudain braqué l'attention sur elle, I'Australie cherche à offrir à son propre peuple et au reste du monde un visage apaisé, démythifié, débarrassé des fantasmes qu'avait projetés sur elle l' Europe, depuis la découverte. A cet égard, ce volume propose des regards avisés et originaux sur l'Australie contemporaine, rassemblés autour d'un thème qui explore la conscience de soi des Australiens confrontés à la nécessité de rompre l'isolement où les a contraints la géographie et où les a précipités l'histoire du peuplement continental. Des signes d'espoir sont néanmoins visibles : l'Australie en devenir est une terre vouée à unifier plutôt qu'à exclure, à accueillir plutôt qu'à rejeter, tout en préservant ses chances de construire une identité sociale et culturelle durable.
"What Good Condition? collects edited papers, initially delivered at the Treaty Advancing Reconciliation conference, on the proposal for a treaty between Aboriginal and non-Aboriginal Australians, a proposal which has been discussed and dissected for nearly 30 years. Featuring contributions from prominent Aboriginal community leaders, legal experts and academics, this capacious work provides an overview of the context and legacy of the residue of treaty proposals and negotiations in past decades; a consideration of the implications of treaty in an Indigenous, national and international context; and, finally, some reflections on regional aspirations and achievements."--Publisher's description.
In 1989 New South Wales became the first Australian state to pass legislation outlawing racial vilification. By 2001 the Commonwealth and the majority of Australian states and territories had followed suit, suggesting a broadly held view that racism was a sufficiently serious problem in Australian society to warrant the imposition of legislative restrictions and sanctions on conduct which generated ill-feeling against particular racial or ethnic groups. And yet, throughout this period the legal regulation of racial vilification has been controversial, with each new legislative reform initiative prompting heated debate. Regulating Racism provides a comprehensive examination of the history and current operation of federal, state and territorial racial vilification laws in Australia. Based on detailed analysis of relevant reports, legislation, parliamentary debates, statistical data, and judicial and quasi-judicial decisions, it reviews the range of approaches to the legal regulation of racial vilification which have been adopted in this country, including the creation of: criminal offences; statutory torts; and grounds of human rights complaint. The book addresses a number of key questions about the origins and operation of racial vilification laws. Why were different legislative models chosen? What are the implications of those choices for victims of racial vilification? What impact have free speech 'rights' and values had on the approach which Australian law-makers have adopted towards the regulation of racial vilification? How have racial vilification laws been applied and interpreted by human rights agencies, prosecuting authorities, tribunals and courts? Regulating Racism evaluates the strengths and weaknesses of the various approaches to the legal regulation of racial vilification which have been utilised to date in Australia. It makes an important contribution to our understanding of the role and limits of racial vilification laws in a democratic multicultural society.
Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Peoples and International Law is a detailed survey of the law of self-determination with a focus on the concept of nations and peoples. It engages with different aspects of this law with particular emphasis on the drafting and implementation of international instruments. The second edition includes new coverage of the Declaration on the Rights of Indigenous Peoples and the African and Arab charters. It considers recent practice by the Human Rights Committee, Committee on Economic, Social and Cultural Rights and African Commission on Human and Peoples’ Rights dealing with the emerging political, economic and environmental aspects of the right. The book looks at the interaction of international law, nationalism and liberalism in theories of nationhood and self-determination, as well as, the historical development of the right and the decisions of international bodies. Lastly, it examines practice in this area, including new developments in remedial independence and international territorial administration.
This title provides comprehensive analyses of current knowledge about the unwarranted disparities in dealings with the criminal justice system faced by some disadvantaged minority groups in all developed countries.
Set against the tumultuous background of racial politics in an conflicted nation, this book explores Rob Riley's rise and influence as an Aboriginal activist. Drawing on perspectives from history, politics, and psychology, this work explores Rob’s life as a "moral protester" and the challenges he confronted in trying to change the destiny of the country.
Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.
In the aftermath of World War II, in the shadow of the Holocaust, the countries of the world signed on for a Convention giving rights and safeguards to refugees. Forced migration was a humanitarian not a criminal concern. Being a refugee involved discussion of human rights and protection rather than developing processes of criminalization and law enforcement. Sharon Pickering documents how this has changed. Refugees and asylum seekers are dressed in the clothes of criminals, and national sovereignty has become the focus of the response of the Global North to forced migration. Pickering adopts a State Crime framework, emerging out of a critique of law and order refugee politics, to explain policy responses. The roles of the administration, the justice system and the media are analysed to highlight the discourses of criminality which have come to dominate discussion of refugee and asylum issues. She shows how the spectacle of the refugee as criminal allied to the rise of transnational policing, has led to the opening up of extra-territorial, extra-legal spaces, how contradictions have emerged as to national "borders" and how the rule of law has been debased.
Much of the scholarly literature and principal books on criminal justice and crime control policy take the operations of the criminal justice system, the causes of crime and delinquency, theories about crime and justice, and crime prevention as the central topics for study and policy analysis. But law enforcement and public officials create policy responses to specific crimes, not broad categories of offenses. In order to develop the most effective policies, one needs to understand why particular crimes occur and what approaches might best prevent them or minimize the harm they cause. Taking this fresh perspective, The Oxford Handbook of Crime and Public Policy offers a comprehensive examination of crimes as public policy subjects. Michael Tonry, a leading authority on criminology, has brought together the most distinguished active scholars in the field to present a wide-ranging overview and analysis of violent and sexual crimes, property crimes, transactional crimes, transnational crimes, and crimes against morality. The crimes investigated range from often-discussed offenses (homicide, auto theft, sexual violence) to those that only recently began to receive attention (child abuse, domestic violence, environmental crimes); it includes new crimes (identity theft, cybercrime) as well as age-old crimes (drug abuse, gambling, prostitution). Written in a straightforward and accessible manner, each chapter explains why crimes happen, how often, and what we know about efforts to prevent or control them. Aimed at a wide audience of scholars, students, and policy makers, the Handbook is the definitive reference work on crimes and public policy responses to them.
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
This Handbook provides in one volume an authoritative and independent treatment of the UN's seventy-year history, written by an international cast of more than 50 distinguished scholars, analysts, and practitioners. It provides a clear and penetrating examination of the UN's development since 1945 and the challenges and opportunities now facing the organization. It assesses the implications for the UN of rapid changes in the world - from technological innovation to shifting foreign policy priorities - and the UN's future place in a changing multilateral landscape. Citations and additional readings contain a wealth of primary and secondary references to the history, politics, and law of the world organization. This key reference also contains appendices of the UN Charter, the Statute of the International Court of Justice, and the Universal Declaration of Human Rights.
This lively collection of essays from the Aboriginal and Torres Strait Islander Commission's treaty think tank and authors commissioned by the Australian Institute of Aboriginal and Torres Strait Islander Studies was written to stimulate discussion and debate about a treaty. The publication reflects the complexity of the issues needing to be resolved on the road to a treaty and emanates from a reconciliation convention attended by Aboriginal leaders in Melbourne in May 2000. In the past three years promotional material has been widely distributed, workshops held and public lectures and forums convened. The campaign is ongoing, and governments, industry, schools, universities and others have had the chance to engage and contribute. Subjects covered include: sovereignty; constitutional law; relevance of a treaty in the Torres Strait; perspectives from Indigenous youth; and concepts of citizenry and identity.

Best Books