This book is a collection of key legal decisions affecting Indigenous Australians, which have been re-imagined so as to be inclusive of Indigenous people’s stories, historical experience, ...perspectives and worldviews.
In this groundbreaking work, Indigenous and non-Indigenous scholars have collaborated to rewrite 16 key decisions. Spanning from 1889 to 2017, the judgments reflect the trajectory of Indigenous people’s engagements with Australian law. The collection includes decisions that laid the foundation for the wrongful application of terra nullius and the long disavowal of native title. Contributors have also challenged narrow judicial interpretations of native title, which have denied recognition to Indigenous people who suffered the prolonged impacts of dispossession. Exciting new voices have reclaimed Australian law to deliver justice to the Stolen Generations and to families who have experienced institutional and police racism. Contributors have shown how judicial officers can use their power to challenge systemic racism and tell the stories of Indigenous people who have been dehumanised by the criminal justice system.
The new judgments are characterised by intersectional perspectives which draw on postcolonial, critical race and whiteness theories. Several scholars have chosen to operate within the parameters of legal doctrine. Some have imagined new truth-telling forums, highlighting the strength and creative resistance of Indigenous people to oppression and exclusion. Others have rejected the possibility that the legal system, which has been integral to settler-colonialism, can ever deliver meaningful justice to Indigenous people.
Beyond Data Mantelero, Alessandro
2022, 2022-06-08, Volume:
36
eBook
Open access
This open access book focuses on the impact of Artificial Intelligence (AI) on individuals and society from a legal perspective, providing a comprehensive risk-based methodological framework to ...address it. Building on the limitations of data protection in dealing with the challenges of AI, the author proposes an integrated approach to risk assessment that focuses on human rights and encompasses contextual social and ethical values. The core of the analysis concerns the assessment methodology and the role of experts in steering the design of AI products and services by business and public bodies in the direction of human rights and societal values. Taking into account the ongoing debate on AI regulation, the proposed assessment model also bridges the gap between risk-based provisions and their real-world implementation. The central focus of the book on human rights and societal values in AI and the proposed solutions will make it of interest to legal scholars, AI developers and providers, policy makers and regulators. Alessandro Mantelero is Associate Professor of Private Law and Law & Technology in the Department of Management and Production Engineering at the Politecnico di Torino in Turin, Italy.
This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human ...rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas.
Public International Law: A Multi-Perspective Approach is a comprehensive yet critical introduction to the diverse field of public international law. Bringing together a unique range of perspectives ...from around the world and from different theoretical approaches, this textbook introduces both the overarching questions and doctrines of public international law, as well as the specialised sub-fields. These include emerging fields such as international law in cyberspace, international migration law, and the international climate regime. The book includes numerous case examples, references to debates and controversies in the literature, and focus sections addressing topics in more depth. Featuring an array of pedagogical features, including learning objectives, suggested further reading and resources, and QR codes to interactive exercises, this book is ideal for students studying this field for the first time and also offers something new for students who would like to deepen their knowledge via a diverse and engaging range of perspectives. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 License.
This volume offers a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said ...toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law.
This open access book presents a legal geography of property rights in land through the lenses of landscape and critical spatial justice. It seeks to reassert the importance of landscape and place in ...property as an alternative to abstract concepts of property which dominate contemporary thinking. It investigates property’s origins and uptake in the common law through the lenses of landscape and spatial justice, providing a genealogy of property, from its early origins in pre-feudal Scandinavia to its development as a cornerstone concept in English common law. It offers a new perspective and analytical tools to reconsider many accepted approaches to land in the law today. This book also contributes both to the decolonization of property law and critiques of property’s unsustainability, as well as the examination of the role of law itself in facilitating large scale land changes that destroy place, and the ramifications of this process. As such, it should be of interest to inter-disciplinary scholars working in the socio-legal, environmental and property law fields
This open access book provides the first-ever comparative study on criminal policy concerning the illicit trade of tobacco, conducted among four comparatively new EU Member States (Lithuania, Poland, ...Slovakia and Romania) and two “old” EU countries (Germany and Italy). The book addresses the national legal frameworks, current criminological situation regarding illicit trade of tobacco, and the practical challenges faced by national law enforcement authorities in the countries examined. It also considers the international framework, and concludes with a horizontal report. The objective of the book is to highlight legislative and practical challenges in the fight against illegal tobacco products at the national and transnational level, and to formulate recommendations for overcoming them more effectively in Europe.
The judge in a democracy Barak, Aharon; Barak, Aharon
2006., 20090110, 2009, 2006, 2006-01-01
eBook
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most ...contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy.
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