No / The Court of Appeal in Re B-S (Children) [2013] EWCA Civ 1146 delivered a judgment on 17 September 2013 that has led to confusion and uncertainty in adoption cases specifically, but public law cases more generally. In his judgment, the President of the Family Division, Sir James Munby, highlighted the need for a greater degree of analysis and a weighing up of all the options for the child, including adoption. Significantly, the President stated that adoption without parental consent is an extremely draconian step, and as an option should not therefore be based on resource constraints if the most appropriate option for the child is to remain living within his or her own family with support. The authors are concerned that following the decision in Re B-S the courts appear to be more willing to grant leave to appeal an adoption order, especially where parents are not legally represented. Members of the judiciary may be concerned to uphold the Article 6 rights of parents, but this must be carefully balanced against the welfare of the child. Furthermore, following the decision in Re B-S we are seeing evidence in unreported cases of social workers being heavily challenged on their oral evidence in court. The judgment in this case will inevitably lead to uncertainty amongst professionals who are already working under considerable strain and these may result in further delay for children; this is ironic given the rhetoric of recent reform of family justice is premised upon the importance of the timetable for the child.

Human rights are a defining feature of how the Police Service of Northern Ireland (PSNI) has been 'imagined and made' in its post-conflict society. This thesis marks the first attempt to make sense of how human rights are articulated, interpreted and applied by those intimately involved in Northern Irish policing. Based on extensive access to the PSNI, I marshal qualitative data collected from interviews with over one hundred police officers from various departments. I tour four sites of local policing to expose and examine the vernaculars and practices of human rights that lurk within each. The story I tell over the course of eight chapters is one of a police service trying to sustain human rights as a central narrative to explain its daily work and build its organisational identity in a divided society, to varying degrees of success. I argue that human rights are, in fact, a malleable, contested and conditional concept to 'imagine and make' a police service and regulate the decision-making of its officers; perhaps much more so than police reformers in Northern Ireland had realised or the PSNI wish to acknowledge. In the first half of the thesis, I identify and deconstruct how the PSNI's chief officers and local political parties seek to express and mobilise competing visions, values and agendas through human rights narratives. I then pay close attention to how human rights are interpreted and translated by junior officers performing two forms of routine policing in N.Ireland: the 'dirty work' of the Tactical Support Group and the 'community work' of Neighbourhood Policing Teams. I ask to what extent officers have internalised human rights as way of making sense of their daily work. In the second half of the thesis, I explore police officers as an important, but poorly understood, class of human rights practitioner. To better grasp how officers interpret and apply human rights standards, I closely analyse two sites of policing where distinct schemes of human rights-based regulation exist: public order policing and police custody. This thesis contributes to understandings of the concept of human rights, its interactions with law and politics and the condition of policing in contemporary Northern Ireland.

Thesis (Ph. D.)--Australian Catholic University, 2004. / Submitted in fulfillment of the requirements for the degree of Doctor of Philosophy. Includes bibliographical references (p. 345-375). Also available in an electronic format via the internet.

Thesis (D.Phil.)(Information Science)--University of Pretoria, 2006. / Includes summary. Includes bibliographical references. Available on the Internet via the World Wide Web.

This thesis is a critique of liberal humanitarian representations of violence in the context of Post-Conflict or Post-Authoritarian struggles against impunity. In particular, it addresses the argument of “cultures of impunity” whereby punishing perpetrators of violations of human rights in transitional societies prevents the endorsement of regimes of silence and the normalisation of wrongdoing. Drawing on a Deconstructivist and Disciplinary methodology this thesis argues that debates about punishment or forgiveness in the aftermath of systematic violence have a wider political meaning and a particular historical function. Instead of mere responses to an external reality “punishment vs. impunity” debates also have a productive facet: because they represent violence in a liberal humanitarian frame, they produce a postconflictual ethos that defines (1) the modes of acceptable political resistance in the present and (2) the achievable limits of justice in the future. In order to explain this wider “politics of impunity” this thesis focuses on the Brazilian transitional case, from the end of the Dirty War in the 1970s to the establishment of the National Truth Commission (2012-2014). As such, it rejects the explanation of Brazil as a quintessential “culture of impunity,” a reasoning that blames the amnesty of perpetrators after the militarised dictatorship (1964-1985) for instituting a regime of silence about the past and creating the conditions for an eternal state of exception in Brazil. Although it recognises the merits of this logic, this work argues against it, reassessing the question in a rather different perspective. First, the thesis suggests a methodological twist: moving focus away from the conditions of implementation of justice in post-conflict and post-authoritarian scenarios into the conditions of possibility of the promise of “never again”. This thesis analyses truth commissions, criminal tribunals, and reparation programmes as parts of a historically situated set of disciplines; that is, as the conjunction between a body of knowledge and modes of conduct centred on a specific representation of violence as an intentional, cyclical, and exceptional phenomenon. In other words, it is by narrowing down what violence is that struggles against impunity can promise a future of non-recurrence. Second, the thesis then describes how this representations of violence were mobilised in order to historically produce a postconflictual reality in Brazil. By analysing the trajectory of the memory struggles (1975-) I explain how this postconflictual reality redefined the meaning of political resistance after the Dirty/Cold War, and by looking at the work of the truth commission I describe in what sense it creates a parsimonious promise of justice.

This thesis examines a number of closely connected counter-terrorist executive mechanisms in the United Kingdom (UK) and the manner in which they are administered, in order to evaluate the implications of the mechanisms for, and ultimately their compatibility with, the right to a fair trial under international human rights law (IHRL). More specifically, this study critically analyses Control Orders, Terrorism Prevention and Investigation Measures (TPIMs), and Temporary Exclusion Orders (TEOs). For reasons made clear in this thesis, these mechanisms are termed ‘counter-terrorist hybrid orders’ and are collectively analysed as such. As the study identifies a number of issues pertaining to the current design and administration of these mechanisms that can adversely affect the right to a fair trial, the thesis argues that they should be substantially reformed to make them more consistent with IHRL fair trial standards. Moreover, the thesis examines how these mechanisms, as they are currently designed and administered, have been accepted in a legal system with a recognised and long-established attachment to upholding high human rights standards. Having identified, generated and analysed a substantial body of research to perform this task, the thesis argues that the acceptance of the mechanisms as they are currently administered may have occurred as a result of the establishment of a state of ‘perpetual quasi-emergency’. This denotes a particular legal phenomenon in which the UK has responded to an evolving legal problem, namely, how to deal with terror suspects who cannot be prosecuted, deported, or indefinitely detained, in a manner that, whilst being grounded in law, actually resembles the behaviour of States enduring ‘prolonged emergencies’. The thesis asserts that the state of perpetual quasi-emergency, which creates the space necessary for the acceptance of these mechanisms, was established and is preserved by a number of legal and extra-legal factors. As such, some of the research, analysis and methods used to evaluate the phenomena in this study represents an original contribution to knowledge. This study encompasses a variety of approaches in order to examine a particular type of counter-terrorist power, the implications of these mechanisms for the right to a fair trial under IHRL, and the relationships between these issues and wider society. The study requires traditional doctrinal analysis when exploring what the right to a fair trial in the context of national security entails, and in order to examine the various counter-terrorist hybrid order regimes in light of this framework. When assessing what factors may play a role in the establishment and preservation of the state of perpetual quasi-emergency, the study necessitates methods which are less doctrinal and more socio-legal in nature.

No / `In this creative study Anand applies environmental economic tools and concepts to analyze water issues in developing countries... The author carefully integrates the poverty, inequality, and development issues of water; and he meticulously discusses the intertwined rivalrous and excludable public good characteristics of water supply... Contents: Preface 1. Introduction 2. Investigating Water 'Scarcity' 3. Access to Water Supply: Achieving the Millennium Development Goal 4. Sharing Water Peacefully: Understanding Transboundary Water-Resource Conflicts 5. An Analysis of a River Dispute: Interaction of Politics and Economics 6. Improving Access to Water: Institutions, Entitlements and Inequality 7. Consumer Preferences and Public Policy 8. Justice, Rights and Sustainability: Access to Water and the Capability Approach 9. Conclusions and a Research Agenda Bibliography Index.

This thesis examines whether and how the EU counter-terrorism (CT) policy reconciles the demands of security with adequate protection of human rights. It starts from the assumption that human rights and security are mutually reinforcing and interdependent objectives in the CT fight where the erosion of one objective leads automatically to negative consequences in respect of the other objective. It specifically argues that the reconciliation of these two objectives has to be addressed at two distinct levels: first, in the framework of the EU primary law and, second, in the content of each EU CT provision. Consequently, the thesis examines both levels in order to respond to the research question. In the course of this investigation, the research has demonstrated that the legal framework resulting from the Treaty of Lisbon provides a basis for better addressing the human rights protection and security objectives of the EU CT policy. However, the analysis of three specific instruments – two in force and one at the level of a legislative proposal – provided contrasting results regarding the simultaneous fulfilment of the two imperatives outlined above. Moving beyond questions pertaining to the advancement of preventive criminal law and the possible reinforcement of a surveillance society, the thesis advances the hypothesis that, in the field, we are confronted more and more with what we could term ‘grey laws’ – following Dyzenhaus, Lynch and Reilly – due to their frailties as regards the tests of proportionality and legal certainty. Moreover, the thesis explores the EU’s stance as an actor in the field and the applicability of Wallace’s ‘pendulum model’ for CT decision-making, as well as the position of an individual subject to all the three measures indicated above. Solutions in order to overcome the identified shortcomings as well as further potential areas of research are also explored.

<p>The meaning that Justice has after a conflict in a society might vary regarding the political development and cultural and shared values of a certain society.</p><p>Rawls, in his Theory of Justice gives his idea of what justice is and presents two principles of justice that he argues are required to live in a good society: a first principle that secures equal rights and liberties for all individuals and a second egalitarian principle that restrains the consequences of economic inequalities within societies. He also introduces the concept of “overlapping consensus” which I will use regarding the idea of Reconciliation, at the end of this paper.</p><p>In the cases presented in this paper (i.e. Argentina and South Africa), essential human rights were violated, therefore wrongdoers made the society unjust.</p><p>The aim of this thesis is to elucidate the conditions that are necessary to re-establish justice when a society goes through a conflict. I will introduce some ideas concerning that issue: ideas of retribution, reparation and reconciliation. These are seen as different paths for several countries when trying to tackle to the matter of achieving justice.</p><p>In my view, this question can be answered appealing first to an intuitive conception of moral justice that may exist at an individual and collective level, as well.</p><p>The ethical dilemmas both levels have are in relation to the harm done, punishments and how to balance them, limiting, for instance, the punishment in order to accomplish a just and a better society. I will also present how shared values can result from a process of reconciliation, which is considered as the ideal alternative to achieve justice.</p><p>However, when the equilibrium between members of a community is broken, some people claim that punishment can restore that lost equilibrium that existed before in the community.</p><p>Nevertheless, peace, reconciliation and justice cannot be constructed under the basis of silence. One way to keep memory alive is to let survivors, for instance, narrate what they have lived through; telling stories also creates a new space to share with others their experiences, revealing their fears and emotions. Regarding this theme, I will present the NUNCA MAS (Never Again) report, which is fundamental as it gives some testimonies, facts and proposals that will help to reach a consensus and therefore, future reconciliations.</p><p>Why is important to achieve justice? Because then members of a certain community will be able to interact in the present with common shared values and thus, deal with the past.</p><p>Not to consider reconciliation as one important step to achieve justice, and only think in terms of punishment, instead of giving way to peace and justice, could perhaps promote the possibility of further conflicts. To consider both punishment and reconciliation might just be one possible blueprint in the long and difficult way of searching for a just society.</p>

The 20th century can be characterized by the triumph of human rights / however, it also witnessed most atrocious events in history. After two world wars, genocides, and countless human rights violations, the burden of this crude fact is still weighing down. Nevertheless, human rights become the intellectual moral currency of our age. The aim of this thesis is to argue that, contrary to what it appears to be, human rights are not moral promises to be fulfilled but a specific way of doing politics which would be meaningful within the broad framework of power relations. The thesis focuses on the analysis of the emergence and development of human rights which provide a ground for the shift from the international order based on conceptualization of sovereign power of individual states to the new world order based on the moral conceptualization of human rights.