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Justiciability of Human Rights Law in Domestic Jurisdictions
  • Language: en
  • Pages: 422

Justiciability of Human Rights Law in Domestic Jurisdictions

  • Categories: Law
  • Type: Book
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  • Published: 2015-12-15
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  • Publisher: Springer

This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and ...

Towards Convergence in International Human Rights Law
  • Language: en
  • Pages: 685

Towards Convergence in International Human Rights Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-11-10
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  • Publisher: BRILL

In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.

EU Citizenship and Social Rights
  • Language: en
  • Pages: 288

EU Citizenship and Social Rights

In the 1990s, the Maastricht Treaty introduced the right to free movement for EU citizens. In practice, however, there are substantial barriers to making use of this right, particularly to integration and to accessing the social and welfare rights available. This is particularly true when it comes to accessing social rights, such as social assistance, housing benefit, study grants and health care. This book provides a detailed description and thorough analysis of these barriers, in both law and practice.

Human Dignity, Judicial Reasoning, and the Law
  • Language: en
  • Pages: 272

Human Dignity, Judicial Reasoning, and the Law

  • Categories: Law

This volume explores how national and international human rights courts interpret and apply human dignity. The book tracks the increasing deployment of the concept of human dignity within national and international courts in recent decades. It identifies how human-dignity-based arguments have expanded to cover larger sets of cases: from the right to life or to integrity or anti-discrimination, the concept has surfaced in disputes about political and social rights and rule of law requirements, such as equality or legal certainty. The core message of the book is that judges understand, interpret, and apply human dignity differently. An inflation in the judicial recourse to human dignity can sa...

Artificial intelligence and human rights.
  • Language: en
  • Pages: 489

Artificial intelligence and human rights.

  • Categories: LAW
  • Type: Book
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  • Published: 2021-12-14
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  • Publisher: Dykinson

We are publishing this book as the result of a research project carried out by the University of Las Palmas de Gran Canaria in Spain and AFM Krakow University in Poland. Some parts of it were already announced during a scientific Conference organised remotely in Kraków in October 2020. It is now time to present the research findings in writing.The issue of Artificial Intelligence has long raised questions and interests, including those of legal science. A number of problems have not yet been widely analysed, despite the fact that the present time is undoubtedly a time of technological challenges. Therefore, in the presented publication, prepared by the international scientific community, un...

Implementing Environmental Constitutionalism
  • Language: en
  • Pages: 253

Implementing Environmental Constitutionalism

  • Categories: Law

Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.

International Law
  • Language: en
  • Pages: 763

International Law

International Law provides a comprehensive theoretical examination of the key areas of international law. In addition to classic cases and materials, Carlo Focarelli addresses the latest relevant international practice to illustrate contemporary themes and trends in international law and to examine its most topical challenges.

Patent Cultures
  • Language: en
  • Pages: 381

Patent Cultures

Tracing global histories of patenting, this book reveals the resilient diversity of patent systems, challenging the universality of 'intellectual property'.

Islamic State Practices, International Law and the Threat from Terrorism
  • Language: en
  • Pages: 277

Islamic State Practices, International Law and the Threat from Terrorism

  • Categories: Law

In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.

A Law of Blood-ties - The 'Right' to Access Genetic Ancestry
  • Language: en
  • Pages: 316

A Law of Blood-ties - The 'Right' to Access Genetic Ancestry

  • Categories: Law

This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and...