Download or read book Non discrimination in the World Trade Organization written by William J. Davey and published by Martinus Nijhoff Publishers. This book was released on 2012-07-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International trade is conducted mainly under the rules of the World Trade Organization. Its non-discrimination rules are of fundamental importance. In essence, they require WTO members not to discriminate amongst products of other WTO members in trade matters (the mostfavoured- nation rule) and, subject to permitted market-access limitations, not to discriminate against products of other WTO members in favour of domestic products (the national treatment rule). The interpretation of these rules is quite difficult. Their reach is potentially so broad that it has been felt that they should be limited by a number of exceptions, some of which also present interpretative difficulties. Indeed, one of the principal conundrums faced by WTO dispute settlement is how to strike the appropriate balance between the rules and exceptions. Davey explores the background and justification for the non-discrimination rules and examines how the rules and the exceptions have been interpreted in WTO dispute settlement. He gives considerable attention to whether the exceptions give sufficient discretion to WTO members to pursue their legitimate non-trade policy goals.

Download or read book The Law and Policy of the World Trade Organization written by Peter Van den Bossche and published by Cambridge University Press. This book was released on 2005-06-10 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.

Download or read book European Union Non Discrimination Law written by Dagmar Schiek and published by Routledge. This book was released on 2009-06-02 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

Download or read book Violence Against Women written by and published by . This book was released on 2014 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Violence against women undermines women's core fundamental rights such as dignity, access to justice and gender equality. For example, one in three women has experienced physical and/or sexual violence since the age of 15; one in five women has experienced stalking; every second woman has been confronted with one or more forms of sexual harassment. What emerges is a picture of extensive abuse that affects many women's lives but is systematically underreported to the authorities. The scale of violence against women is therefore not reflected by official data. This FRA survey is the first of its kind on violence against women across the 28 Member States of the European Union (EU). It is based on interviews with 42,000 women across the EU, who were asked about their experiences of physical, sexual and psychological violence, including incidents of intimate partner violence ('domestic violence'). The survey also included questions on stalking, sexual harassment, and the role played by new technologies in women's experiences of abuse. In addition, it asked about their experiences of violence in childhood. Based on the detailed findings, FRA suggests courses of action in different areas that are touched by violence against women and go beyond the narrow confines of criminal law, ranging from employment and health to the medium of new technologies."--Editor.

Download or read book Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law written by Marie Mercat-Bruns and published by Springer. This book was released on 2018-06-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

Download or read book Anti Discrimination Law in Civil Law Jurisdictions written by Barbara Havelková and published by Oxford University Press. This book was released on 2019-12-12 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

Download or read book The principle of non discrimination in international and European tax law written by Niels Bammens and published by IBFD. This book was released on 2012 with total page 1151 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of non-discrimination plays a vital role in international and European tax law. This dissertation analyses the interpretation given to that principle in tax treaty practice and in the direct tax case law of the Court of Justice of the European Union (ECJ) on the fundamental freedoms. The objective of this analysis is twofold: to give a clear and thorough overview of both standards and to determine whether they share a common, underlying principle of non-discrimination. In order to achieve these objectives, a comprehensive selection of case law is discussed from the perspective of the two constitutive elements of discrimination, comparability and the existence of different treatment. Moreover, attention is drawn to the question whether a domestic measure that is found to be discriminatory may nevertheless be justified on the basis of reasons of public interest. Finally, the possible interplay between both standards is addressed.

Download or read book Complex Equality and the Court of Justice of the European Union written by Richard Lang and published by BRILL. This book was released on 2018-07-17 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.

Download or read book Normativity and Diversity in Family Law written by Nadjma Yassari and published by Springer Nature. This book was released on 2021-11-21 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.

Download or read book Applying International and European Anti Discrimination Law to the Housing Context written by Juan Carlos Benito Sanchez and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first study of anti-discrimination law as it applies to housing law in Europe. It offers an important perspective in a field dominated by employment law studies, while drawing on concepts significant in that field as well. Legislative discussion looks at EU law, the European Convention on Human Rights, the European Social Charter and related case law. The book goes further to examine United Nations human rights instruments and related practice of UN committees. This unique focus allows for a fuller understanding of anti-discrimination law's implications, potential, and challenges.

Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Concilier flexibilit du travail et coh sion sociale written by Council of Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce volume bilingue pose la question des effets des réformes institutionnelles et organisationnelles du marché du travail sur la cohésion sociale. Dans cet ouvrage, le Conseil de l'Europe recherche la conciliation entre ce qui est inévitablement imposé par la mondialisation, c'est-à-dire la réorganisation des paramètres de la concurrence, et la cohésion sociale. La conciliation doit prendre en compte une valeur politique essentielle, la sécurité démocratique, qui se trouve d'abord dans l'emploi : le coût social et sociétal élevé de la précarité le confirme. Néanmoins, sécurité ne signifie pas rigidité et doit se traduire plutôt par la reconnaissance sociale d'un "droit à la transition" qui appelle à la coresponsabilité de tous les acteurs sociaux. La conciliation est plus qu'un devoir politique : elle est le prix de la stabilité qui assure la durabilité sociale.

Download or read book Equality and Non Discrimination under the European Convention on Human Rights written by Oddný Mjöll Arnadóttir and published by BRILL. This book was released on 2021-10-18 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.

Download or read book African Yearbook of International Law Annuaire Africain De Droit International written by Abdulqawi A. Yusuf and published by Martinus Nijhoff Publishers. This book was released on 2001-02-01 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. The "African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination. The "Special Theme" of this volume is "Regional Economic Integration in Africa II,"

Download or read book La famille dans l ordre juridique de l Union europ enne Family within the Legal Order of the European Union written by Elsa Bernard and published by Bruylant. This book was released on 2020-12-31 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.

Download or read book Liability for Transboundary Pollution at the Intersection of Public and Private International Law written by Guillaume Laganière and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.

Download or read book Striking a Balance written by Sandra Coliver and published by Article 19. This book was released on 1992 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: