Detention and its Alternatives under International Law

— —

Prof Lorna McGregor (Professor of International Human Rights Law, Professor of International Human Rights Law, University of Essex)

Detention and its Alternatives under International Law

Prof Lorna McGregor (Professor of International Human Rights Law, Professor of International Human Rights Law, University of Essex)

$212

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press
08 February 2024

International human rights law; International criminal law; Courts & procedure; Sentencing & punishment; Criminal procedure: law of evidence

In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public health, and social care. The book discusses a number of topics such as: shortcomings in how international law addresses structural inequality and discrimination; the level of scrutiny applied to the evidence supporting decisions to detain; and the availability and proportionality of alternatives to detention and their compatibility with human rights. All chapters analyse how new and emerging technologies affect decisions to detain, as well as the nature of alternatives to detention. Without conflating different forms of detention, the book proposes key means of making detention a true measure of last resort. Detention and its Alternatives under International Law will be a valuable resource to practitioners and scholars working on the right to liberty or the underlying policy areas in which detention is employed as a tool.

By: Prof Lorna McGregor (Professor of International Human Rights Law Professor of International Human Rights Law University of Essex)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 162mm, Spine: 22mm
Weight: 1g
ISBN: 9780198866237
ISBN 10: 0198866232
Pages: 288
Publication Date: 08 February 2024
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

1: Introduction 2: Identifying Deprivations of Liberty 3: The Overall Framework on the Prohibition of Arbitrary Detention under International Law 4: Detention in the Criminal Justice System 5: Security Detention 6: Detention of Migrants 7: Mental Health and Social Care Detention 8: Detention on Grounds of Public Health 9: Conclusion: Commonalities and Differences in Detention and Its Alternatives under International Law

Lorna McGregor is a Professor of International Human Rights Law at the University of Essex. She is the Director of the Human Rights, Big Data and Technology Project (originally funded by the Economic and Social Research Council with £4.7million) and has held positions as the Director of the Essex Human Rights Centre, a Commissioner of the British Equality and Human Rights Commission and a trustee of the AIRE Centre. Her research has been funded by the UK Economic and Social Research Council, the British Academy, the Nuffield Foundation, the Oak Foundation, the UK Foreign and Commonwealth Office and the Federal Department of Foreign Affairs of Switzerland. Prior to becoming an academic, Lorna held positions at REDRESS, the International Bar Association, and the International Centre for Ethnic Studies in Sri Lanka. She holds an LL.B (First Class Honours) from Edinburgh Law School and an LL.M. from Harvard Law School, where she was a Kennedy Memorial Trust Scholar and Henigson Fellow.

Reviews for Detention and its Alternatives under International Law

This is an excellent book, both in its approach and its execution, and one that merits a place on the bookshelf of anyone who wants to think seriously about deprivation of liberty and how its use can be reduced or even abolished. * Alex Ruck Keene KC (Hon), Mental Capacity Law and Policy *