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The Convention on the Rights of the Child has changed the paradigm of how (human rights) law looks at children: from “objects” of protection to full rights-holders of all human rights. Consequently, social rights are not voluntary welfare services but an expression of the dignity and rights of the child. In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how these basic social rights are interpreted by the three major human rights bodies on the level of the Council of Europe and the European Union. It thus offers not only an excellent picture of the main lines of interpretation but also of the major gaps and challenges for the realisation of children’s social rights in Europe.
Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation...
Focusing on the adoption of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, this timely book charts the field of business and human rights, finding that corporate responsibility to respect human rights is gradually evolving into a binding legal duty in both national and international law. Following the structure of the UNGPs, Peter T. Muchlinski also covers the state duty to protect against business violations of human rights, the corporate responsibility to respect human rights and access to remedies for corporate violations of human rights.
EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.
This leading text in the field covers all the major regulatory areas relating to the operations of multinational enterprises, analysing them not only in a legal but also a political and economic context. It is a definitive reference work for students, researchers, and practitioners working with multinational enterprises.
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This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with a...