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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
This timely book assesses national and supranational bilateral
approaches to dealing with the rising tide of migration into the
European Union via the Mediterranean Sea. International law and EU
migration law specialists critically assess the legal tools adopted
to engage with the 'refugee crisis'. While the EU works to develop
a unified approach to Mediterranean transit and origin countries,
the authors argue that a crucial role should be accorded to
individual states in finding a solution to this complex and
sensitive situation. Historical and political factors playing into
migration strategies are discussed, and the legal framework
underpinning the bilateral and regional schemes on which the
northern and southern shores of the Mediterranean seek to cooperate
on migration is also examined. Migration-related issues, such as
search and rescue at sea, human rights and policing are explored
throughout the book. Comparing the bilateral arrangements Southern
EU Member States have made with the Mediterranean countries of
origin and the regional bilateralism conducted by the EU, expert
authors assess how best to achieve a coherent model. This will be
an essential read for academics and scholars in international and
European migration law, environmental politics and policy;
practitioners and policymakers working on migration issues, and
NGOs. Contributors include: C. Billet, M. Borraccetti, G. Borzoni,
F. Casolari, M. Di Filippo, M. Gatti, I. Gonzalez Garcia, F.
Ippolito, K.D. Magliveras, A. Ott, M. Ovadek, E. Papastavridis, I.
Sammut, F. Seatzu, P. Van Elsuwege, J. Wouters, V. Zvezda
Elgar Research Agendas outline the future of research in a given
area. Leading scholars are given the space to explore their subject
in provocative ways, and map out the potential directions of
travel. They are relevant but also visionary. Forward-looking and
innovative, Elgar Research Agendas are an essential resource for
PhD students, scholars and anybody who wants to be at the forefront
of research. This important book creatively explores and uncovers
new ways of understanding the intersections between human rights
and the environment, as well as introducing readers to the ways in
which we can use new methodologies, case studies and approaches in
human rights to address environmental issues. Interdisciplinary in
nature, this Research Agenda recognises and engages with the
short-comings and problematic framings of traditional approaches to
human rights and environmental law. Keeping these limits and
failings unflinchingly in view, it identifies potential
opportunities to maximise the law's effectiveness, providing
readers with a thought-provoking agenda for future research.
Contributions also call for resistant, transformative and inclusive
research and practice in the area of human rights and the
environment, using human rights law to center the knowledge,
practices, laws and priorities of marginalised groups in addressing
environmental injustice. This dynamic Research Agenda will be an
essential tool for PhD students and scholars in international law,
environmental law and human rights, as well as providing a
springboard for geographers and anthropologists to further their
knowledge of the evolving interface between human rights and the
environment.
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The January 6th Report
(Paperback)
Select Committee to Investigate the January 6th Attack on the United States Capitol, David Remnick, Jamie Raskin
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R461
Discovery Miles 4 610
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Ships in 10 - 15 working days
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This unique book analyses the impact of international human rights
on the concept of gender, demonstrating that gender emerged in the
medical study of sexuality and has a complex and broad meaning
beyond the sex and gender binaries often assumed by human rights
law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics
within the field of human rights which hinder the expansion of the
concept of gender and which strategies and mechanisms allow and
facilitate such an expansion. Gender and Human Rights surveys the
development of human rights from the creation of the United Nations
up to the present day and discusses key examples of the prohibition
of violence and the regulation of culture and family in the context
of human rights. This multidisciplinary study also incorporates
additional perspectives from medical science, feminism and queer
theory. This concise yet engaging book will be a valuable resource
for scholars, students and activists working at the intersection of
gender law and human rights law, providing a critical overview of
the topic alongside strategies for future growth.
This timely book provides an astute assessment of the institutional
and constitutional boundaries, interactions and tensions between
the different levels of governance in EU criminal justice. Probing
the conceptual and theoretical underpinnings of the EU's approach
to transnational crime, it proposes improved mechanisms for public
participation in the governance of EU criminal law, designed to
ensure better transparency, accountability and democratic controls.
Influential scholars from across Europe analyse key practical
challenges to the governance of EU criminal law in the context of
specific crimes, including financial crime, cybercrime and
environmental crime. Offering sector-specific perspectives on
tackling transnational crime, insightful chapters examine the
potential options for criminal-law cooperation between the EU and
the UK after Brexit, and consider to what extent these avenues may
represent enhanced mechanisms for the governance of transnational
crimes and common security threats in the future. This important
study will prove crucial reading for academics, researchers and
postgraduate students examining EU, transnational and comparative
criminal law, as well as European integration studies and
constitutional law more broadly. Practitioners and policy-makers
working in the EU's Area of Freedom, Security and Justice will also
benefit from this book's practical insights into the mechanisms of
EU law and justice.
Comparing the structures and challenges of democratic
constitutionalism in India and the European Union, this book
explores how democracy is possible within vastly diverse societies
of continental scale, and why a constitutional framework is best
able to secure the ideals of collective autonomy and individual
dignity. It contributes to an emerging comparative discussion on
structures of power, separation of powers and a comparative law of
democracy, which has been long neglected in comparative
constitutional studies. This timely and invigorating book showcases
a novel comparative approach termed "slow comparison" counters the
conceptual focus on nation-states in comparative studies and
develops a broader understanding of democratic constitutionalism.
In the context of the contemporary crisis of constitutional
democracy, triggered by populism, majoritarianism and
authoritarianism, chapters continue older ongoing debates about
multiculturalism, identity politics and democratic equality that
hold important insights for both India and the EU to deal with
contemporary challenges. This book will be an important read for
scholars of comparative constitutional law and theory. It will also
benefit those studying EU law and Indian constitutional law.
With the transfer of ever more tasks and competences to the
European level the EU's administration has become increasingly
complex, with 'agencification' as the most visible sign of this
differentiation. This book offers a much-needed analytical overview
of the field, with the aim of improving our understanding of
administration at the European level, and indeed of improving the
administration itself. Importantly, the book takes a comparative
approach, examining the parallels and differences with the US law
of administrative organization - and demonstrates that it is not
sufficient to consider the respective laws of important Member
States in isolation. Using this comparison as a vehicle, the book
provides a rounded conceptualization of the law of administrative
organization of the EU. This includes a reasoned proposal for a
reformed Art. 298 TFEU to address deficiencies in the EU's
administrative organization and to enhance administrative
legitimacy in the EU. Legal scholars undertaking research in the
field of European and administrative law and civil servants working
for Member States or European institutions will appreciate the
scholarly thoroughness of this book.
This timely book explores the extent to which national security has
affected the intersection between human rights and the exercise of
state power. It examines how liberal democracies, long viewed as
the proponents and protectors of human rights, have transformed
their use of human rights on the global stage, externalizing their
own internal agendas. Contextualizing human rights goals,
structures and challenges in the immediate post-UDHR era, key
chapters analyse the role that national security has played in
driving competition between individual rights and rhetoric-laden,
democracy-reinforcing approaches to collective rights of security.
Internationally diverse authors offer evocative insights into the
ways in which law is used to manipulate both intra and interstate
relationships, and demonstrate the constant tensions raised by a
human rights system that is fundamentally state-centric though
defined by individuals' needs and demands. Acknowledging the
challenges in contemporary human rights practice, policy and
discourse as features of transitional eras in human rights, this
forward-thinking book identifies opportunities to correct past
inadequacies and promote a stronger system for the future. This is
a hard-hitting and much needed study for students and scholars of
human rights, security law, constitutional law and international
relations more widely. Its practical dimensions will also greatly
benefit practitioners in the field.
Lawyers usually describe a revolution as a change in a
constitutional order not authorized by law. From this perspective,
to speak of a 'lawful' or an 'unlawful' revolution would seem to
involve a category mistake. However, since at least the 19th
century, courts in many jurisdictions have had to adjudicate claims
involving questions about the extent to which what is in fact a
revolutionary change can result in the creation of a legally valid
regime. In this book, the authors examine some of these judgments.
Adjudicating Revolution includes, first, cases in which courts
decide to recognize the actions of a de facto regime under a
doctrine of necessity, with the objective of maintaining public
order. Second, cases where courts directly confront the question of
whether a revolution has resulted in the creation of a genuinely
new constitutional order. Finally, cases in which courts are asked
by state officials to recognize, in advance, the validity of
otherwise revolutionary changes (i.e. the irregular creation of a
new constitution) proposed by state officials. The book examines,
from a theoretical and comparative perspective, judgments from
North and Latin America, Europe, Asia, and Africa. Placing the
cases in their historical and political context, the authors
provide an understanding of key moments in the constitutional
history of the relevant jurisdictions. The resulting analysis will
be of interest to academics and graduate students of comparative
constitutional law and constitutional theory, political science,
and related disciplines.
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.
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