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Indirect Discrimination
Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.
Bilateral Relations in the Mediterranean
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.
Constitutional Identity in a Europe of Multilevel Constitutionalism
Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.
The Legal Practice in International Law And European Community Law
This work offers a Spanish perspective on contemporary practice in international law and European Community law by genuine practitioners such as registrars, judges and magistrates serving on national and international courts, as well as advocates practicing in these courts, senior international officials, government advisers and academics. In five parts this book deals with the practice in international courts; practice in international organizations; the European Community practice and; Spanish practice in matters of public and private international law. The last part contains an article on evidence in international practice and a general overview for further research. The book offers a very useful insight in matters otherwise available in Spanish, such as the applications against Spain lodged with the European Court of Human Rights, a comparison between the Spanish Constitutional Court and the Court of Justice of the European Communities, public international law before Spanish domestic courts and the Spanish practice on investment treaties.
Lenguaje, arte y revoluciones ayer y hoy
This book depicts new paradigms in Hispanic linguistic, literary and cultural studies. Part I: Literary and Cultural Studies includes eight essays focusing on a new trend of cultural representation attempting to find new meaning(s). They explore a series of reflections on some of those moments – from the period that begins with the cry for independence in 1810 and that spans beyond 2010 – textually translated as new approaches of analysis on the “recollections of things to come.” The contexts examined evince critical occurrences related to periods of change toward democracy and social justice that eventually lead to “revolutionary” or “emancipating” ends, by way of artistic, ...
Data Protection and Interoperability in EU External Relations
This book assesses whether the implementation of transborder interoperable solutions aligns with the European Union's standards and rules on personal data transfer. It specifically examines the principles and values enshrined in the founding Treaties that steer the EU’s external activities as a global actor. It will help you understand the privacy and data protection standards the EU must uphold when pursuing its objectives of freedom, security, and justice externally. You’ll learn about the limits on the processing of personal data by large-scale IT systems in the area of freedom, security, and justice, and explore the full scope of the 2019 interoperability regulations, n. 817 and 818. Also, the volume offers a series of diagrams, tables, and figures that will make your reading as smooth as possible.
The Cost of "Non-Maghreb"
Over the last decades, rivalries, bilateral disagreements, and distrust between Maghreb states have taken a toll on common political and security challenges, like the Western Sahara issue, the Libyan conflict, the destabilisation in the Sahel region and transnational clandestine flows. Moreover, the Maghreb is one of the least economically integrated regions in the world, and this leads to the region's loss in growth, and the disheartening record of missed opportunities for stability and prosperity. This is the cost of the "non-Maghreb". This Report aims to unpack the political and economic costs of the "non-Maghreb", understand its historical genesis and geopolitical implications and, more broadly, what the future might hold for individual countries and the Maghreb as a divided, fractious but potentially coherent whole.
The Western Sahara Question and International Law
This book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco’s sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco’s encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of inte...
Law, Reason and Emotion
Volume II: Special Workshops Initia Via Editora
Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home
In Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home, Pauline Maillet offers a new theoretical framework to understand the mechanisms by which non-citizens are excluded from the rights attached to sovereign territory when arriving at states’ borders. Initiated in Charles de Gaulle airport, the analysis encompasses similar cases in countries other than France. This interdisciplinary study traces how some liberal democracies create spaces construed as extra-territorial on their own soil to circumvent obligations owed to sea or airborne asylum seekers under the Refugee Convention and its Protocol. How do states make their territory vanish to prevent asylum seekers’ arrival? Using a combination of legal analysis and ethnography, this book identifies the legal techniques, enforcement practices and mental landscapes that have sustained nowhere countries.
