NEW HUMAN RIGHTS LAW TITLES
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Minimum Contract Justice
A Capabilities Perspective on Sweatshops and Consumer Contracts
Lyn K L Tjon Soei Len
The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as ‘normal’ market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law.
Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? This Book defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.
Lyn K L Tjon Soei Len is an Assistant Professor of Law and International Feminist Studies in the Women’s Studies Program at the University of New Hampshire and a researcher at the Law School, University of Amsterdam.
May 2017 | 9781782257097 | 176pp | Hardback | RSP: £50
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Constitutional Courts, Gay Rights and Sexual Orientation Equality
Angioletta Sperti
In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality.
This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination.
It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays’ and lesbians’ rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
Angioletta Sperti is Associate Professor of Comparative Public Law at the University of Pisa.
May 2017 | 9781782256427 | 256pp | Hardback | RSP: £65
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Commissions of Inquiry
Problems and Prospects
Edited by Christian Henderson
This timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.
Christian Henderson is Professor of International Law at the University of Sussex.
May 2017 | 9781782258766 | 392pp | Hardback | RSP: £75
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Human Rights Encounter Legal Pluralism
Normative and Empirical Approaches
Edited by Giselle Corradi, Eva Brems and Mark Goodale
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
Giselle Corradi is a post-doctoral research fellow at the Human Rights Centre at the Law Faculty of Ghent University.
Eva Brems is Professor of Human Rights Law at Ghent University.
Mark Goodale is Professor of Cultural and Social Anthropology at the University of Lausanne.
May 2017 | 9781849467612 | 272pp | Hardback | RSP: £50
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Heritage, Culture and Rights
Challenging Legal Discourses
Edited by Andrea Durbach and Lucas Lixinski
Cultural heritage law and its response to human rights principles and practice has gained renewed prominence on the international agenda. The recent conflicts in Syria and Mali, China’s use of shipwreck sites and underwater cultural heritage to make territorial claims, and the cultural identities of nations post-conflict highlight this field as an emerging global focus. In addition, it has become a forum for the configuration and contestation of cultural heritage, rights and the broader politics of international law.
The manifestation of tensions between heritage and human rights are explored in this volume, in particular in relation to heritage and rights in collaboration and in conflict, and heritage as a tool for rights advocacy. This volume also explores these issues from a distinctively legal standpoint, considering the extent to which the legal tools of international human rights law facilitate or hinder heritage protection. Covering a range of issues across Africa, Asia, Europe, Latin America and Australia, this volume will be of interest to people working in human rights, heritage studies, cultural heritage management and identity politics around the world.
Andrea Durbach is Professor at the Faculty of Law at the University of New South Wales and Director of the Australian Human Rights Centre.
Lucas Lixinski is Senior Lecturer at the Faculty of Law at the University of New South Wales and a Project Director at the Australian Human Rights Centre.
May 2017 | 9781849468084 | 312pp | Hardback | RSP: £75
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