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Understanding the realities of protection in a Europe that had failed to manage the crisis in asylum that unfolded in 2015 and 2016 requires a comprehension of how law shapes and distorts refugee protection practices in frontline states. In this collection Vladislava Stoyanova and Eleni Karageorgiou provide an essential cartography of the state of asylum during the crisis. The volume captures four dynamics: the absorption of EU norms in Central and South Eastern Europe; the reaction in this region to the massive movement of asylum seekers in 2015 and 2016; the initiation of normative developments in the area of asylum during and beyond the crisis by the countries in this region; and the question of solidarity.
This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration. Covering areas such as posting of workers, the right to collective bargaining, political rights and free movement for EU citizens, and asylum policy, chapters provide a cross-disciplinary and policy-oriented treatment of these subjects alongside focused legal analysis. Complementing traditional concepts and methodolog...
This book aims to contribute to the global observance of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), 1948. It considers nature and development of international human rights law. It considers how human rights interact with other regimes such as intellectual property, foreign direct investment, corporate social responsibility, international environmental law, humanitarian law, refugee law, economic law, and criminal law. The book then presents human rights of vulnerable populations and sets out contemporary challenges and issues relating to human rights, such as globalisation, the effects of COVID-19, religion, nationality, and the implementation of economic, social, and cultural rights.
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.
At a time when the integration of the European Union's peoples through the rule of law is faltering, this book develops a critical theory of postnational constitutionalism. Today, widely held conceptions of EU law continue to mislead citizens about the nature of political identity, sovereignty, and agency. They lose sight of a critical idea on which post-nationalism depends-that constitutional self-authorship is narrative, and the polity is a subject whose identity, history, and legacy are still in formation. Absent this vision, EU law reproduces crises of legitimacy: the depoliticization of public life; emergency rule by executive decree; a collapse of solidarity; and the rise of nativist m...
Provides a state-of-the-art, comprehensive analysis of the field of international refugee law, Global in scope, with 10 chapters focusing in detail on specific regions, Critiques the status quo and sets the agenda for future academic research Book jacket.
Academic discussion of climate‐related human mobility has understandably focused on the places where people are especially vulnerable to climate‐related harm: the Global South. Yet, the unique biophysical, legal and socio‐political characteristics of the Nordic region, as well as its roles as both ‘home’ and ‘host’ to climate‐related mobilities, justify its independent attention. Filling this lacuna, this collection is the first to address climate‐related human mobility in the Nordic region. It is a timely and much needed collection, which brings together leading and emerging voices from both academia and practice in a single volume, spanning policy and geographical breadth...
The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.
It is beyond question that States have positive obligations under the European Convention on Human Rights (ECHR) to prevent and address harm and risks of harm. However, given the difficulties of determining and delimiting the role of the State, the conditions under which positive obligations may apply can be unclear. The search for balance between intrusion and restraint by the State—between protection and freedom from interference—further complicates the question of state responsibility for breach of positive obligations. Vladislava Stoyanova directly addresses these challenges in Positive Obligations under the European Convention on Human Rights. By systematising the case law of the Eu...