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The Protection of General Interests in Contemporary International Law
This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
Transnational Organized Crime
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.
Care, Migration and Human Rights
The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.
Fair and Equitable Treatment and the Fabric of General Principles
This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book's precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general internationa...
When Humans Become Migrants
The issue of migration presents clear challenges to international human rights courts due to its political sensitivity. This book contrasts the European and Inter-American Courts of Human Rights, showing how their rulings differ on this issue. It argues that the Inter-American Court's approach is more sympathetic to the individuals involved.
Preventing and Combating Violence Against Women and Domestic Violence
This Commentary provides the first comprehensive analysis of the Council of Europe (CoE) Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice.
Global Gender Constitutionalism and Women's Citizenship
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
Research Handbook on European Union Citizenship Law and Policy
This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union.
Regulação Económica e Garantias do Utente nos Setores de Utilities – Contraprestação devida pelo Serviço de Abastecimento de Água enquanto Caso de Estudo
Este é um estudo de socialidade, direito económico e regulatório e direito tributário no domínio dos serviços públicos essenciais, voltado, essencialmente, para o utente dos serviços de utilities. Tendo em contas as particularidades destes setores, é nosso propósito apresentar os novos modelos de gestão pública e analisar a contraprestação devida pelo serviço, avançando com uma proposta de enquadramento tributário que permita abranger as diversas realidades tarifárias que aqui se cruzam. Baseando-nos no setor de abastecimento de água, pretendemos desenvolver um conceito de contraprestação passível de fazer face às exigências do mercado, dos prestadores e usuários, que encontre o equilíbrio possível entre os princípios fundamentais do direito constitucional, do direito económico e do direito tributário.
Unaccompanied
"This book explores the experiences of unaccompanied immigrant youth once they arrive to the United States, with a focus on the professionals who try to help. Once youth are detained at the border, they encounter a wide range of professionals whose job it is to help youth find a family system, obtain legal relief, and enter into the education system. Although many professionals who work to help youth often have youth's best interests in mind, their jobs are shaped by three important strains in U.S. history: border security, racialized child welfare, and neoliberal humanitarianism. Because of this, professionals who work with youth find that they are often complicit in the same oppressive systems that they work against. This book explores the tension in this system by providing a critical lens to those who try to help"--
