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Publications

Amanda Cahill-Ripley

The Human Right to Water and its Application in the Occupied Palestinian Territories (Routledge 2011)

book coverThe Human Right to Water and its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, 28 July 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and movement within the NGO community for an international water treaty.

 

Agata Fijalkowski

From Old Times to New Europe: the Polish Struggle for Democracy and Constitutionalism (Ashgate, 2010).

book coverFrom Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.

'This is a well-researched and informative study of the Polish political and legal, but also intellectual, history of the 20th century. Using the impressive body of legal documents and archival materials, Fijalkowski tells the story of political, legal, theoretical and conceptual ruptures and discontinuities typical of Poland and other countries of Central and Eastern Europe. (Jiri Priban, Cardiff University, UK)

 

Sigrun Skoglywith Mark Gibney (eds.)

Universal Human Rights and Extraterritorial Obligations, Mark Gibney and Sigrun Skogly (eds.)University of Pennsylvania Press, 2010) 256 pp. Universal Human Rights and Extraterritorial

book coverObligations examines both the international and domestic foundations of human rights law. What other contemporarary human rights debates have almost totally ignored is that in an increasingly interdependent world-where public and private international actors have great influence on the lives of individuals everywhere-it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide

 

James Summers (ed)

The Kosovo Precedent: Implications for Statehood, Self-determination and Minority Rights (Brill, Leiden, 2011).

book coverThis collection examines the legal controversy surrounding Kosovo's unilateral declaration of independence of 2008 and the International Court of Justice's Advisory Opinion on its legality of 2010. The book covers three issues: the declaration of independence, Kosovo and self-determination and minority rights, and the implications of Kosovo as a precedent for other regions. The contributors to the book are: James Summers, Kaiyan Kaikobad, Colin Warbrick, Morag Goodwin, Besfort Rrecaj, Jure Vidmar, Helen Quane, Elizabeth Chadwick, Stephen Tierney, Gulara Guliyeva, Stephen Allen, Edward Guntrip, Miodrag Jovanovic, Snezana Trifunovska, Vakhtang Vakhtangidze and Miryam Rodriguez-Izquierdo Serrano.

 

Steven Wheatley

The Democratic Legitimacy of International Law (Hart Publishing 2010)

book coverThe objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jurgen Habermas and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international norms. Political self-determination takes place within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberate forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law.

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