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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Ever since its inception, one of the essential tasks of the EU has
been to establish the internal market. Despite the impressive body
of case law and legislation regarding the internal market, legal
and factual barriers still exist for citizens seeking to exercise
their full rights under EU law. This book analyses these barriers
and proposes ways in which they may be overcome. Next to analysing
the key barriers to exercising economic rights more generally, this
book focuses on three areas which represent the applications of the
four basic freedoms: consumer rights, the rights of professionals
in gaining access to the market, and intellectual property rights
in the Digital Single Market. With chapters from leading
researchers, the main pathways towards the reduction and removal of
these barriers are considered. Taking into account important
factors including the global financial crisis, as well as practical
barriers, such as multilingualism, the solutions provided in this
book present a pathway to enhance cross-border realization of
European citizens? access to their economic rights, as well as
increasing in the cultural richness of the EU. EU Citizens?
Economic Rights in Action is an important book, which will be an
essential resource for students of EU citizenship and economics, as
well as for EU policymakers and practitioners interested in the
field.
This book explains how the People of Puerto Rico managed to adopt a
constitution whose content and process were both original and
colonialist, participatory and undemocratic, as well as progressive
and anticlimactic. It looks in detail at the rich contradictions of
the Puerto Rican constitutional experience, focusing on the history
and content of the 1952 Constitution. This constitution is the only
constitutional document written by the Puerto Rican People
themselves after more than 500 years of Spanish and US colonialism.
By exploring Puerto Rico's unique history and constitutional
experience the book shines a spotlight on key emerging themes of
comparative constitutional studies in this area: state
constitutionalism, the persistence of colonial relationships in the
Caribbean, and the continued development of constitutionalism in
Latin America. The book delves deep into the particular experience
of Puerto Rican constitutionalism which combines elements of
colonialism, democratic tensions, and progressive policies. It
explains how these features converge in a constitutional project
that has endured for 70 years and continues its contradictory
development. It considers issues such as the island's colonial
history, including its conflicting relationship with democratic
values and the constant presence of social movements and their
struggles. It also explores the content of the 1952 Constitution,
focusing on its progressive substantive policy, particularly its
rights provisions, its amendment procedures, and the governmental
structure it set up.
This timely book untangles the digital media jurisprudence of
supranational courts in Europe with a focus on the CJEU and the
ECtHR. It argues that in the face of regulatory tension and
uncertainty, courts can have a strong bearing on the applicable
rules and standards of digital media. Chapters written by expert
contributors explore the interpretative steps taken by the CJEU and
the ECtHR to solve arising legal issues, shedding light on their
interpretation and refinement of the applied rules. The book
provides fresh insights into the effects of European adjudication
on the content and scope of the rules enforced and examines the
ways in which the two European courts address the specificities of
digitalization and digital media in their rulings. It also
addresses the process of defining the constitutional boundaries of
digital media and the exercise of rights and freedoms therein,
focusing on digital media and the distinct challenges posed by
digitalization and digital communication. Digital Media Governance
and Supranational Courts will be a key resource for academics and
scholars of European and Constitutional law, fundamental rights and
digital transformation, as well as for students seeking a better
understanding of the contribution of the CJEU and the ECtHR to
digital media governance.
Applying a comparative analysis on law and practices, combined with
extensive data, this book considers the legal consequences for
public servants who make unauthorised disclosures of official
information and the protections available for whistleblowers. The
author provides an in-depth treatment of the law of unauthorised
disclosures in the UK to explore the protections available and
discusses the theoretical and legal justifications for the making
of disclosures, as well as the arguments for maintaining official
secrecy. The book discusses the legal consequences of leaking
information and a full assessment of the authorised alternatives,
providing recommendations for reform throughout. This book will be
of interest to academics working on whistleblowing, as well as
their students. The various recommendations provided in the book
will be of use to whistleblowing NGOs, policymakers and Members of
Parliament.
Human rights are at a crossroads. This book considers how these
rights can be reconstructed in challenging times, with changes in
the pathways to the realization of human rights and new
developments in human rights law and policy, illustrated with case
studies from Africa, Europe, and the Americas. Contesting Human
Rights traces the balance between the dynamics of diffusion,
resistance and innovation in the field. The book examines a range
of issues from the effectiveness of norm-promotion by advocacy
campaigns to the backlash facing human rights advocates. The expert
contributors suggest that new opportunities at and below the state
level, and creative contests of global governance, can help
reconstruct human rights in the face of modern challenges. Critical
case studies trace new pathways emerging in the United Nations'
Universal Periodic Review, regional human rights courts,
constitutional incorporation of international norms, and human
rights cities. With its innovative approach to human rights and
comprehensive coverage of global, national and regional trends,
Contesting Human Rights will be an invaluable tool for scholars and
students of human rights, global governance, law and politics. It
will also be useful for human rights advocates with a keen interest
in the evolution of the human rights landscape. Contributors
include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P.
Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S.
Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl
European Union citizenship is increasingly relevant in the context
of both the refugee crisis and Brexit, yet the issue of citizenship
is neither new nor unique to the EU. Using historical, political
and sociological perspectives, the authors explore varied
experiences of combining multiple identities into a single sense of
citizenship. Cases are taken from Canada, Croatia, Czechia,
Estonia, Spain, Switzerland and Turkey to assess the various
experiences of communities being incorporated into one entity. The
studies show that the EU has a comparatively large degree of
diversity and complexity, with levels of integration achieved in a
relatively short timeframe. Advisory models based on Canada and
Switzerland allow for the EU integration processes to continue
while protecting diversity and upholding common institutions.
Citizenship in Segmented Societies will appeal to academics and
students in the field of European and federalist studies with a
focus on multiculturalism and linguistic pluralism, minority
rights, and citizenship issues. It will also be of interest to
those with a particular interest in historical and comparative
analysis of the EU. Contributors include: A.C. Bianculli, F.
Cheneval, C. Erdogan, M. Ferrin, V. Hlousek, J. Jordana, S. Lopez,
M. Sanjaume-Calvet, G. Tavits, H. Yilmaz, C.I. Velasco Rico
Concerns have arisen in recent decades about the impact of climate
change on human mobility. Many people affected by climate change
are forced or otherwise decide to migrate within or across
international borders. Despite its clear importance, many questions
remain open regarding the nature of the climate-migration nexus and
its implications for laws and institutions. In the face of such
uncertainty, this Research Handbook offers a comprehensive picture
of laws and institutions relevant to climate migration and the
multiple, often contradictory perspectives on the topic. Carefully
edited chapters by leading scholars in the field provide a cross
section of the various debates on what laws do, can do and should
do in relation to the impacts of climate change on migration. A
first part analyses the relations between climate change and
migration. A second part explores how existing laws and
institutions address the climate-migration nexus. In the final
part, the chapters discuss possible ways forward. This timely
Research Handbook provides much-needed insight into this complex
issue for graduate and post-graduate students in climate change or
migration law. It will also appeal to students and scholars in
political science, international relations, environmental studies
and migration studies, as well as policymakers and advocates.
Contributors include: G. Appave, F. Biermann, I. Boas, M. Burkett,
M. Byrne, C. Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville,
C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C.
Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S.
Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D.
Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A.
Sironi, M. Traore Chazalnoel, C. Vlassopoulos, K. Wilson, K.M.
Wyman
Europe has reached a crisis point, with the call for
self-determination and more autonomy stronger than it ever has
been. In this book, renowned international lawyers give a detailed
account of the present state of international law regarding
self-determination and autonomy. Autonomy and Self-Determination
offers readers both an overview of the status quo of legal
discussions on the topic and an identification of the most
important elements of discussion that could direct future legal
developments in this field. This is done through the examination of
key issues in abstract and in relation to specific cases such as
Catalonia, Italy and Scotland. The book extends past a simple
assessment of issues of autonomy and self-determination according
to a traditional legal viewpoint, and rather argues that utopian
international law ideas are the breeding ground for norms and legal
institutions of the future. This insightful book will be an
invaluable read for international lawyers and political science
scholars. It provides a clear, yet detailed, analysis of the issues
Europe is facing regarding autonomy and self-determination in the
face of historical context, also making it a useful tool for
European history scholars. Contributors include: X. Arzoz, A.
Beausejour, P. Hilpold, H. Hofmeister, E. Lopez-Jacoiste, R.
Mullerson, S. Oeter, B. Olmos, B. Roth, M. Suksi, A. Tancredi, D.
Turp
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