Download or read book Condition and costs of insularity written by AA.VV. and published by Rubbettino Editore. This book was released on 2023-02-06T00:00:00+01:00 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects the proceedings of the Conference sponsored by Regione Siciliana and Regione Autonoma di Sardegna, under the patronage of the Conference of Regions and Autonomous Provinces and the Islands Commission of the Conference of Maritime and Peripheral Regions (CMPR), at the Chamber of Deputies (Refectory Room of Palazzo S. Macuto) on December 10, 2021. In addition to this works, there are also some reflections held at the subsequent Seminar held on April 8, 2022, at the Rome headquarters of Regione Siciliana on the proposal: "The condition of insularity between Europe and Italy," with the intervention of the French MEP, Younous Omarjee, President of the Committee on Regional Development (REGI) of the EU Parliament.

Download or read book Current Issues of Comparative Law Questions actuelles de droit compar written by Katharina Boele-Woelki and published by Springer Nature. This book was released on 2019-09-09 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet 2018 l’Académie internationale de droit comparé a organisé son 20ème Congrès général à Fukuoka au Japon. Les congrès généraux de l’Académie se tiennent tous les quatre ans et abordent dans une perspective comparative une multitude de sujets qui apparaissent particulièrement pertinents dans notre société contemporaine. Ce livre rassemble une sélection des contributions générales du 20ème Congrès général qui traitent des questions actuelles du droit comparé. Il s’agit d’une première pour l’Académie. Il est apparu important pour le Bureau de pouvoir avoir accès aux contributions générales offertes pendant le Congrès général et qui méritent assurément la même attention que les rapports généraux.

Download or read book The Treaty on European Union TEU written by Hermann-Josef Blanke and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 1821 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

Download or read book Ecological Systems Integrity written by Laura Westra and published by Routledge. This book was released on 2015-05-22 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental law and governance are the cornerstones of global efforts to conserve the environment, protect resources and ensure fair and equitable outcomes for all of the planet's inhabitants. This book presents a series of thought-provoking chapters which consider the place of governance and law in the defence against imminent and ongoing threats to ecological, social and cultural integrity. Written by an international team of both established and early-career scholars from various disciplines and backgrounds, the chapters cover the most pressing and contemporary issues in environmental law and governance. These include access and benefit-sharing; the right to food and water; climate change coping and adaptation; human rights; the rights of indigenous communities; public and environmental health; and many more. The book has a general focus on environmental governance and law in the European Union and offers points of comparison with Canada and North and South America.

Download or read book Normative Pluralism and Human Rights written by Kyriaki Topidi and published by Routledge. This book was released on 2018-06-13 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of ‘laws’ result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

Download or read book Extraordinary Rendition written by Elspeth Guild and published by Routledge. This book was released on 2018-04-17 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

Download or read book Advance Care Decision Making in Germany and Italy written by Stefania Negri and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the situation of people who are unable to make decisions due to a physical or mental change? This book gives impulses and answers to many ethical, economical and mainly legal questions which arise and are associated with the end of life. A universal human rights approach and the analysis of the relevant European law are put in front of the presentation of the national legal situations in Italy and Germany. The most topical and controversial issues concerning advance care planning are presented as well as a transnational economic analysis on the effects of advance care planning.​

Download or read book The Tangled Complexity of the EU Constitutional Process written by Giuseppe Martinico and published by Routledge. This book was released on 2013 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite, or perhaps because of, the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. The book considers the constitutional trends of the process of EU integration before applying a transdisciplinary concept of complexity developed in the work of Edgar Morin to the EU. In doing this Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with complex natural systems. The book then goes on to explore the methodological implications of such constitutional complexity for the study of EU law.

Download or read book Three Generations of European Constitutional Courts in Transition to Democracy written by Francesco Biagi and published by Cambridge University Press. This book was released on 2020-01-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Download or read book Climate Constitutionalism Momentum written by Pasquale Viola and published by Springer Nature. This book was released on 2022-03-29 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: While civil society and social movements claim for more effective measures to cope with anthropogenic climate change, legal scholars are witnessing the “aurora” of climate change law. What is quite relevant in this double-process of recognition/establishment is the interdisciplinary nature of such a field of studies, which goes beyond formalistic legal aspects. Based on the need to rethink legal paradigms, “Climate Constitutionalism Momentum: Adaptive Legal Systems” deals with three major means to combat anthropogenic climate change—namely science, politics and law—further addressing the thesis regarding a supposed adaptiveness of legal systems and proposing new pathways for further inquiries on the current climate constitutionalism momentum. The book introduces the international efforts in acknowledging the need for concrete measures to achieve ambitious results, addressing the comparative public law debate, merging theoretical appraisals and quantitative insights under a top-down approach and a civil-law methodology. Furthermore, the book combines theoretical and empirical viewpoints in reference to climate justice and litigation. The last part of the argumentative pattern merges the aforementioned key elements and grounds of investigation, providing an overall account of the current climate constitutionalism momentum. Academic researchers are the book’s primary audience, but it is also targeted for undergraduate and postgraduate students of specific courses. For the numerous insights and the contemporary relevance of the topic, the book is also addressed to political stakeholders and legal practitioners. Given the transnational development of this area of law, the expected audience of the book is global.

Download or read book International Law and the Protection of Humanity written by Pia Acconci and published by Martinus Nijhoff Publishers. This book was released on 2016-11-28 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge ad litem at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.

Download or read book Procedural Autonomy of EU Member States Paradise Lost written by Diana-Urania Galetta and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the procedural autonomy of EU Member State a myth or a reality? What should this concept be taken to mean? Starting from the analysis of requirements and principles regulating, generally speaking, the relationships between Member States’ and EU law, this book provides a definition of procedural autonomy able to account for the concept’s inherent limits. Out of an analysis of the more relevant EU jurisprudence, the author identifies the rationale underlying the interventions of the ECJ on issues of procedural autonomy and the common logic that emerges from it; and reveals how, in an unchanged context of ‘procedural autonomy’ of the Member States, national procedural law becomes more and more ‘functionalized’ to the requirements of effectiveness of substantive EU law. As such, we should speak of a ‘functionalized procedural competence’ rather than of procedural autonomy. But this is by no means a case of “Paradise Lost.” The book includes a foreword by Prof. Jürgen Schwarze, one of the founding fathers of European Administrative Law.

Download or read book The Dynamics of the EU Integration and the Impact on the National Constitutional Law written by Paola Bilancia and published by Giuffrè Editore. This book was released on 2012 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Kelly The Irish Constitution written by Gerard Hogan and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 3184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.

Download or read book Sociology of Constitutions written by Alberto Febbrajo and published by Routledge. This book was released on 2016-05-05 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.

Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

Download or read book Transparency and Secrecy in European Democracies written by Dorota Mokrosinska and published by Routledge. This book was released on 2020-11-11 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a critical discussion of the trade-offs between transparency and secrecy in the actual political practice of democratic states in Europe. As such, it answers to a growing need to systematically analyse the problem of secrecy in governance in this political and geographical context. Focusing on topical cases and controversies in particular areas, the contributors reflect on the justification and limits of the use of secrecy in democratic governance, register the social, cultural, and historical factors that inform this process and explore the criteria used by European legislators and policy-makers, both at the national and supranational level, when balancing interests on the sides of transparency and secrecy, respectively. This book will be of key interest to scholars and students of security studies, political science, European politics/studies, law, history, political philosophy, public administration, intelligence studies, media and communication studies, and information technology sciences.