Download or read book Imperativeness in Private International Law written by Giovanni Zarra and published by T.M.C. Asser Press. This book was released on 2023-01-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

Download or read book Transcultural Bodies written by Ylva Hernlund and published by Rutgers University Press. This book was released on 2007-06-07 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Female "circumcision" or, more precisely, female genital cutting (FGC), remains an important cultural practice in many African countries, often serving as a coming-of-age ritual. It is also a practice that has generated international dispute and continues to be at the center of debates over women's rights, the limits of cultural pluralism, the balance of power between local cultures, international human rights, and feminist activism. In our increasingly globalized world, these practices have also begun immigrating to other nations, where transnational complexities vex debates about how to resolve the issue. Bringing together thirteen essays, Transcultural Bodies provides an ethnographically rich exploration of FGC among African diasporas in the United Kingdom, Europe, and Australia. Contributors analyze changes in ideologies of gender and sexuality in immigrant communities, the frequent marginalization of African women's voices in debates over FGC, and controversies over legislation restricting the practice in immigrant populations.

Download or read book Female Circumcision written by Rogaia Mustafa Abusharaf and published by University of Pennsylvania Press. This book was released on 2006 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bolokoli, khifad, tahara, tahoor, qudiin, irua, bondo, kuruna, negekorsigin, and kene-kene are a few of the terms used in local African languages to denote a set of cultural practices collectively known as female circumcision. Practiced in many countries across Africa and Asia, this ritual is hotly debated. Supporters regard it as a central coming-of-age ritual that ensures chastity and promotes fertility. Human rights groups denounce the procedure as barbaric. It is estimated that between 100 million and 130 million girls and women today have undergone forms of this genital surgery. Female Circumcision gathers together African activists to examine the issue within its various cultural and historical contexts, the debates on circumcision regarding African refugee and immigrant populations in the United States, and the human rights efforts to eradicate the practice. This work brings African women's voices into the discussion, foregrounds indigenous processes of social and cultural change, and demonstrates the manifold linkages between respect for women's bodily integrity, the empowerment of women, and democratic modes of economic development. This volume does not focus narrowly on female circumcision as a set of ritualized surgeries sanctioned by society. Instead, the contributors explore a chain of connecting issues and processes through which the practice is being transformed in local and transnational contexts. The authors document shifts in local views to highlight processes of change and chronicle the efforts of diverse communities as agents in the process of cultural and social transformation.

Download or read book Long Term Care in Europe written by Ulrich Becker and published by Springer. This book was released on 2018-03-05 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview on the long-term care systems in 12 EU member states and Norway. Focusing on the legal background and its main principles, it includes a comparative analysis which highlights the principal dissimilarities between European long term care benefits, but at the same time also a variety of features in common. It also discusses the increasingly transnational dimension of long-term as a result of migrants returning to their country of origin in old age, and the still-unsolved legal problem of entitlement to long-term care benefits in another EU-member state.

Download or read book The Rule of Law History Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Download or read book An Introduction to International Law written by Benedetto Conforti and published by Martinus Nijhoff Publishers. This book was released on 2012-01-05 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: National judges are a sort of propelling force behind international law to the extent that they perceive the need to realize that international solidarity which is too often lacking at the level of governments. Hence they are the principal addressees of this book.

Download or read book The Eurozone Crisis written by Kaarlo Tuori and published by Cambridge University Press. This book was released on 2014-01-09 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive overview of the Eurozone crisis from a multidimensional constitutional perspective which incorporates the underlying economic assumptions and developments.

Download or read book The Future of International Migration to OECD Countries written by OECD and published by OECD Publishing. This book was released on 2009-09-02 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking to the year 2030, this volume explores the social, economic and environmental forces which, in OECD countries, may combine to attract migrants of various types and backgrounds, and which, primarily in the developing world, may persuade people to leave or stay at home.

Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press. This book was released on 2015-10-22 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.

Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.

Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Download or read book International Law and Domestic Legal Systems written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2011-09-29 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: By providing a systematic analysis of how international law is incorporated and implemented in over two dozen states, this book analyzes how the international order and national legal systems interact with each other. It highlights the mutual influence of international and domestic legal systems and how changes in each are modifying the other.

Download or read book The Rome Statute and Domestic Legal Orders General aspects and constitutional issues written by Claus Kress and published by © Editrice il Sirente. This book was released on 2000 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disk accompanying v. 1 contains: ratification/implementing legislation and draft legislation; Disk accompanying v. 2 contains: annex, domestic implementing legislation and related documents.

Download or read book Economic Social and Cultural Rights in International Law written by Eibe Riedel and published by OUP Oxford. This book was released on 2014-03-13 with total page 2883 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.

Download or read book Sovereign Debt and Human Rights written by Ilias Bantekas and published by . This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign debt is necessary for states to function, yet its impact on human rights is underexplored. Bantekas and Lumina gather experts to conclude that imposing structural adjustment programmes exacerbates debt, injures the entrenched rights of peoples and their state's economic sovereignty, and worsens the borrower's economic situation.

Download or read book Social Control and Justice written by Maria João Guia and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a fresh, multi-disciplinary, and international examination of a phenomenon that has altered the landscape of migration in the United States and is now taking root in Canada and throughout Europe: 'crimmigration law.' Crimmigration law consists of the letter and practice of laws and policies at the intersection of criminal law and immigration law. Crimmigration scholars study the creation of laws and policies, their enforcement, as well as the institutional dynamics that create crimmigration law and are created by it. Many have written about the use of crimmigration law to exert social control over groups marginalized by ethnic bias, class, or citizenship status. This book's contents include: Crimmigration, Securitization, and the Criminal Law of the Crimmigrant * A Reflection on Crimmigration in the Netherlands * Entering the Risk Society: A Contested Terrain for Immigration Enforcement * The Changing Landscape of the Criminalization of Migration in Europe * Disappearing Rights: How States Are Eroding Membership in American Society * The Impact of Immigration Enforcement Outsourcing on Ice Priorities * The Spirit of Crimmigration * Crime and Immigration: The Discourses of Fear as a Theoretical Approach of Critical Evaluation * Recorded Crime Committed by Migrant Groups and Native Dutch in the Netherlands * The Foreign-Born in the Canadian Federal Correctional Population * The Impact of Safety on Levels of Ethnocentrism * The Control of Irregular Migrants and the Criminal Law of the Enemy * Crime among Irregular Immigrants and the Influence of Crimmigration Processes * The Wide Scope of Immigration in the Azores and Its Relationship with Crime * Irregular Immigrants and Their Irish Citizen Children: The Limits of National Citizenship * The Treaty of Prum * Unauthorized Migration