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Language Rights Revisited - The Challenge of Global Migration and Communication
Hauptbeschreibung Linguistic autonomy, assured internationally to ethnic minorities, has succeeded, above all, in Europe, yet is nowhere near passing its acid test in other parts of the world. Examples show that it is not only a question of linguistic autonomy, but of ethnic and religious conflicts, which are simmering in the foreground. Hence, there are reasons for doubting whether international agreements designed to guarantee linguistic autonomy can solve these conflicts. The protection of indigenous languages is justified largely by the principle of diversity and is de.
Content and Meaning of National Law in the Context of Transnational Law
This collection of essays by Dutch, English and Swiss scholars deals with the impact of transnational law, in particular the law of the European Union and the Council of Europe, on the content and meaning given to domestic law by national legislators and judges. Topics covered include the constitutional and practical implications of implementing transnational law at the national level, as well as the interpretation of domestic law against the background of the European Convention on Human Rights, the law of the European Union and so called “soft law” instruments, in areas such as civil procedure, jurisdiction, contract, company law and competition law.
Swiss Foreign Policy
The book is essential reading to all those interested in foreign policy analysis, the relationship between democracy and international relations, the significance of being a small state in contemporary Europe and the specificities of the Swiss
The Oxford Handbook of Swiss Politics
This volume provides a comprehensive analysis of the many different facets of the Swiss political system and of the major developments in modern Swiss politics. It brings together a diverse set of more than 50 leading experts in their respective areas, who explore Switzerland's distinctive and sometimes intriguing politics at all levels and across multiple themes. In placing the topics in an international and comparative context and in conversation with the broader scholarly literature, the contributors provide a much-needed counterpoint to the rather idealized and sometimes outdated perception of Swiss politics. The work is divided into thematic sections that represent the inherent diversit...
The Rising Complexity of European Law
The volume presents seven contributions which analyse two different progressive complex developments of European law: the legal challenges of adherence to the internal market without membership in the European Union in a comparative view of Norway (EEA) and Switzerland ("Bilateral Agreements"), and the legal answers to the financial and/or budgetary crisis and challenges in Europe. The common denominator of both subjects is the raising complexity of European law.--
Switzerland and the International Protection of Refugees, La Suisse et la protection internationale des refugiés
The present volume highlights the new challenges of the international protection of refugees fifty years after the adoption of the 1951 Geneva Convention relating to the Status of Refugees. Focusing on the problems faced by Switzerland in the field of international protection of refugees as well as on the specificity of its asylum law and practice, this publication addresses the refugee problem from a national, European and international perspective. The Swiss experience serves to illustrate the wider problematic of on the one hand, the tensions between security, political and humanitarian concerns encountered by refugee-receiving states, and on the other, the need to preserve an internation...
The Human Right to Citizenship
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
Public Participation and Legitimacy in the WTO
The legitimacy of the WTO's decision-making process has always been questioned, and many have advocated public participation mechanisms as a remedy. Yves Bonzon considers the limits and potential of these mechanisms by advancing a conceptual framework which distinguishes the four 'implementation parameters' of public participation: the goal, the object, the modalities, and the actors. He addresses the issue of legitimacy by considering to what extent, and by virtue of which legal developments, one can see implementing the democratic principle as a goal for public participation in the context of the WTO. By analysing the institutional structure of the WTO and its different types of decisions, he then outlines how this goal should influence the object and modalities of public participation, which decision-making procedures should be opened to public participation, and how the mechanisms should be implemented in practice. Finally, he suggests specific amendments to existing WTO arrangements on public participation.
The Global Reach of European Refugee Law
Examination of the worldwide emulation of key norms of European refugee protection through transnational processes and actors.
Enhanced Cooperation and European Tax Law
The book explores the hybrid nature of enhanced cooperation law between the law of single Member States and secondary EU law. Furthermore, it identifies the limits to and challenges of enhanced cooperation law-making, and explains how State aid law provisions should be applied to enhanced cooperation laws. The book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.
