This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism. The analysis of crisis response mechanisms focuses on how the lack of a proper economic policy competence for the EU affected the formation of the measures and is at the root of the criticism concerning these mechanisms. Furthermore, the author connects discussions on the Eurozone crisis and constitutional pluralism in an innovative fashion, whilst also explaining how asymmetry and pluralism are linked. A novel reading on the horizontal and vertical aspects of Article 4(2) TEU is also developed throughout. Utilizing up-to-date and original analyses, The Euro-Crisis and Constitutional Pluralism will be an important read for scholars and students of European law, EU constitutional law and public policy.

The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity. Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes. Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.

This insightful book provides a timely review of the potential threats of advertising technologies, or adtech. It highlights the need to protect internet users not only from privacy risks, but also as consumers and citizens online dealing with a highly complex technological setting. Jiahong Chen illustrates a concise overview of the technical, economic and legal aspects of adtech together with coverage of other important areas. These include: the ongoing debates around online advertising and data protection, an up-to-date analysis of the application of the GDPR, and insights into both the practices and theories of the regulation of data protection law. The book provides a clear picture of what is truly at stake with online advertising practices, concluding with a critical assessment of the current regime and a proposed approach to reform data protection laws. This book will provide essential reading for researchers and law students requiring an overview of the legal framework and current practices, alongside legal practitioners and policymakers evaluating the benefits and risks of data-driven technologies.

This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections. It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU. To these ends, the contributors analyse the latest institutional initiatives, proposals and practices such as: *citizen assemblies; *citizen consultations and dialogues on European integration and draft legislation; *the Conference on the Future of Europe; *the reform of the European Citizens' Initiative; *the evolving role of the European Ombudsman; *citizen petitions to the European Parliament; *the roles of the civil society and the European Economic and Social Committee. Offering reflections on the impact of the Covid-19 pandemic, this book is a much needed reminder of the importance of the role of citizens in EU governance.

Advocating a style of law and a role for legal agency which returns to its essential humanist ideology and represents public spiritedness, this unique book confronts the myths surrounding globalisation, advancing the role for law as a change agent unburdened from its current market functionality. Mark Findlay argues that law has a new and urgent relevance to confront the absence of resilience in self-determined market places, and to make coherent the anarchic forces which are running, and ruining the world. The inevitability of law's re-invention during global crises is considered, offering a critical evaluation of the future of legal agency, service delivery and access to justice. Chapters also engage with citizen-centric surveillance society to examine the dangers to personal data, individual integrity, and work-life quality from unregulated mass data sharing. Exciting and thought-provoking, this book will be critical reading for scholars and students in law, economics and governance interested in globalisation and crises, such as pandemics, as well as populist politics and anxiety governance.

Government rules and inspectors can be an important tool to ensure trust in markets, and to protect citizens against hazards. There is, however, a perception that businesses and individuals only comply with rules because of the threat of punishment. From Chasing Violations to Managing Risks examines what actually makes people change their behaviour and how to effectively achieve the objectives of regulations. Building on decades of research, Florentin Blanc examines the development of inspection institutions and their practices, and assesses their varying effectiveness, and the reasons behind this. Bringing together historical, theoretical, and practical perspectives, Blanc provides '?large scale?' testing of models through comparative case studies considering practices and their outcomes. By examining case studies, Blanc also assesses how inspection institutions might accomplish better results with less bureaucracy, comparing in particular occupational safety across France, Germany and Great Britain, identifying the key differences between the three, and asking how Britain has achieved a better safety record with fewer inspections (but more efforts to manage risks through other instruments). This book will be invaluable for practitioners of regulatory reform and public administration, as well as for students and researchers of these topics who will benefit from the unique synthesis of historical, theoretical and practical perspectives on the subject.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace. Key Features: Analysis of new efforts to regulate nuclear weapons Extended coverage of peacekeeping and analysis of war crimes Updated coverage of recent state practice and academic literature New analysis of recent and on-going conflicts, in particular Syria and Ukraine With updated analysis of peacekeeping, the law surrounding nuclear weapons, war crimes and extensive coverage of conflicts in Syria and Ukraine, this thoroughly revised second edition is an essential text for academics, researchers and students interested in international law and world peace.

With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens' initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states. Chapters explore and lay the scientific basis for answering crucial questions such as 'Where should the legal limits of direct democracy be drawn?' and 'Who should review compliance with these limits?' Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission's Guidelines on the Holding of Referendums. Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.

This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights. The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance. This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.

This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.

This insightful book thoroughly examines how the EU's return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals. Set against the background of the classic doctrine on the 'autonomy of EU law' and the EU's objective to 'develop international law', Tamas Molnar depicts a legally sound and elaborate picture of the EU's return acquis vis-a-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU's return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice. Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.

This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace. Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State. This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond.

A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts - spearheaded by the first edition - to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines. A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains. This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation. Contributors: B. Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J. Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson, C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam, H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovacs, P. Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes, G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V. Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L. Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P. Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T. Wischmeyer, J.-r. Yeh

Renmin Chinese Law Review, Volume 8 is the eighth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. This book offers a comprehensive and judicious discussion on the study of Chinese law, with chapters covering a wide range of topics including federalism in the Chinese legal system, labor contract law, and the Chinese civil code. With detailed and original selections from distinguished contributors, the book also provides insight into areas such as industrial policy, copyright infringement, and property law. This diverse and contemporary work will appeal to scholars of Chinese law, society, and politics as well as members of diplomatic communities and legal and governmental professionals interested in China.

This timely book presents international and interdisciplinary perspectives on the dynamics, trajectories and consequences of Brexit. Focusing on the interaction of legal and economic issues, it evaluates the relevance of non-economic expectations and 'red lines' involved in the process of the UK's exit from the EU. Contributors employ a range of methodological approaches, from game theory to the study of populism, to address the viability of WTO rules as an alternative to the EU's internal market, future financial market regulation and commercial dispute settlement after Brexit. Chapters measure the trade-off between British autonomy and potential gains from trade, assessing how the UK may interact with the European Court of Justice and EU law. Incorporating insights from economics as well as European and international law, this thought-provoking book looks to the future of the UK and how it will contend with capital markets, adjudication of commercial law and pitfalls in the withdrawal agreement. Featuring law and economics viewpoints from renowned international scholars, this book will be indispensable reading for academic lawyers, economists and political scientists, particularly those with an interest in EU law and the implications of Brexit. It will also be useful to politicians, civil servants and legal practitioners in need of a measured response to the UK withdrawal agreement and the imminent outcomes of Brexit.

This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter's monitoring body, the European Committee of Social Rights (ECSR). Key features include: discussion of the application of social rights in practice examination of the implementation of the RESC in national law a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination. Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists.

Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law. Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look. Contributors include: E. Brems, E. Bribosia, P. De Hert, E. Desmet, E.K. Dorneles de Andrade, M. Holvoet, D. Inman, B. Oomen, S. Ouald-Chaib, I. Rorive, S. Smis, O. Van der Noot, S. Van Drooghenbroeck

Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, KC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions. The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights. Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies. The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.

Utilizing the ethos of human rights, this insightful book captures the development of the moral imagination of these rights through history, culture, politics, and society. Moving beyond the focus on legal protections, it draws attention to the foundation and understanding of rights from theoretical, philosophical, political, psychological, and spiritual perspectives. The book surveys the changing ethos of human rights in the modern world and traces its recent histories and process of change, delineating the ethical, moral, and intellectual shifts in the field. Chapters incorporate and contribute to the debates around the ethics of care, considering some of the more challenging philosophical and practical questions. It highlights how human rights thinkers have sought to translate the ideals that are embodied in the Universal Declaration of Human Rights into action and practice. Interdisciplinary in nature, this book will be critical reading for scholars and students of human rights, international relations, and philosophy. Its focus on potential answers, approaches, and practices to further the cause of human rights will also be useful for activists, NGOs, and policy makers in these fields.