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The Respect for Fundamental Human Rights in the Fight Against Human Trafficking and Migrant Smuggling Across the Central Mediterranean Sea
The study analyzes counter-smuggling and counter-trafficking operations carried out in the Mediterranean Sea from a human rights perspective.
The Changing Role of Nationality in International Law
The book explores the current role of nationality from the point of view of international law, reassessing the validity of the ‘classical’, state-centered, approach to nationality in light of the ‘new’ role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.
The Palermo Convention at Twenty; The Challenge of Implementation
This issue of Transnational Crime focuses on the implementation of the United Nations Convention against Transnational Organized Crime and its Supplementing Protocols. It is part of a broader project, marking the UNTOC’s 2oth anniversary, which started with The Palermo Convention at Twenty: Institutional and Substantive Challenges (Brill 2020) and aims at appraising the Convention’s legal framework and its suitability as a tool for effectively combating present-day transnational organized crime.
UN Convention against Transnational Organized Crime
This book offers a comprehensive, article-by-article legal commentary on the United Nations Convention Against Transnational Organized Crime and its Protocols on trafficking in persons, smuggling of migrants, and trafficking in firearms and ammunition. The Convention- often referred to by the acronym UNTOC- was approved by the UN General Assembly on 15 November 2000 and made available for governments to sign at a high-level conference in Palermo, the heartland of the Italian Mafia, on 12-15 December 2000. For this reason, UNTOC is sometimes also referred to as the 'Palermo Convention'. The Convention entered into force on 29 September 2003. The purpose of UNTOC is to promote cooperation to p...
Equality and Non-Discrimination in the EU
Discussing the fundamental role played by equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. It provides an in-depth analysis of the three key dimensions of equality in the EU: equality as a value, equality as a principle and equality as a right.
Redefining Organised Crime: A Challenge for the European Union?
The notion of organised crime : why definitions matter / Stefania Carnevale, Serena Forlati, Orsetta Giolo -- Definitions : some methodological remarks / Baldassare Pastore -- What is organised crime? / Federico Varese -- The notion of organised crime in the United Nations Convention against Transnational Organized Crime / Gioacchino Polimeni -- Reconsidering transnational organised crime in the shadow of globalisation : the case of human smuggling across the Mediterranean / Monica Massari -- Development of organised crime : the phenomenon and definition / Ivan Kleimenov -- The relationship between transnational organised crime and terrorism : an international law perspective / Alessandra An...
The Use of Armed Force in Occupied Territory
Explores the use of armed force in occupied territory under different international law branches.
Yearbook of the European Convention on Human Rights / Annuaire de la convention européenne des droits de l'homme, Volume 66 (2023) (VOLUME II)
The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world’s oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe’s Committee of Ministers, responsible for supervising the application of the Court’s judgments in the member states. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments bro...
Migration Law and the Externalization of Border Controls
Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human righ...
Use and Misuse of New Technologies
The ever-increasing use of technology is challenging the current status of the law, bringing about new problems and questions. The book addresses this trend from the perspective of International law and European Union law and is divided into three main thematic sections. The first section focuses on the legal implications of the use of technology either for law enforcement purposes or in the context of military activities, and examines how this use adds a new dimension to perennial issues, such as the uneasy balance between security concerns and the protection of individual rights, and defining the exact scope of certain State obligations. In so doing, it takes into account a range of curren...
