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Exporting the European Convention on Human Rights
This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence ...
Refugee Externalisation Policies
This book examines the impact and effects of refugee externalisation policies in two regions: Australia’s border control practices in Southeast Asia and the Pacific and the activities of the European Union and its member states in North Africa. The book assesses the underlying motivations, processes, policy frameworks and human rights violations of refugee externalisation practices. Case studies illuminate the funding, institutional partnerships, geopolitical impacts, financial costs and the human price of refugee externalisation. It provides the first truly comparative analysis of asylum externalisation and explores maritime interdiction, extraterritorial process, containment and third-country interception, and communication campaigns in Southeast Asia and the Middle East/North Africa. This book will be of key interest to scholars and students of refugee and asylum studies, law, politics and the arts, legal practitioners, non-governmental organisations and policymakers grappling with the issues of detention, refugee externalisation practices and the growing need to find safety for the world’s most vulnerable.
Exporting the European Convention on Human Rights
This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence ...
Judicial Authority in EU Internal Market Law
This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in t...
The Structural Transformation of European Private Law
This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contract...
The Changing Role of Citizens in EU Democratic Governance
This collection discusses the challenges of reforming EU democracy through increased citizen participation beyond elections. It asks fundamental questions such as whether the institutionalisation of citizens in EU public law is a prerequisite for addressing these challenges and the extent to which such institutionalisation is taking place in the EU. To these ends, the contributors analyse the latest institutional initiatives, proposals and practices such as: *citizen assemblies; *citizen consultations and dialogues on European integration and draft legislation; *the Conference on the Future of Europe; *the reform of the European Citizens' Initiative; *the evolving role of the European Ombudsman; *citizen petitions to the European Parliament; *the roles of the civil society and the European Economic and Social Committee. Offering reflections on the impact of the Covid-19 pandemic, this book is a much needed reminder of the importance of the role of citizens in EU governance.
The EU and the Baltic Sea Area
This book explores the role of the European Union (EU) in the cooperation and regulation of the Baltic Sea Region (BSR), from both an institutional and substantive perspective. It particularly focuses on the role of the Union in advancing the broader marine governance framework in the region. Questions investigated include: in what way does the Union participate in, or otherwise influence, the activities of States, international organisations and other actors involved in BSR cooperation and regulation, and what is the importance and substantive outcome of the Union's specific role in this respect? How has the membership of eight out of nine Baltic Sea coastal States in the EU affected cooperation in the region, in terms of substance as well as procedure, and what is the influence of the BSR over the EU? These questions are discussed from different perspectives by leading experts in both the fields of EU law and the law of the BSR.
The Future of EU Constitutionalism
Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century.
The Changing European Union
It is widely recognised that international order is undergoing transformative change and the old norms no longer apply. This collection looks at how the EU, specifically its judicial wing, is responding to these new challenges. It looks both externally at those internationally shared problems of unequal societies, the rise of populism and the migrant crisis and internally at Brexit, the differences between the EU centre and peripheries and the division of competences. Taking a multifaceted approach, it draws on voices from academia and the judiciary to suggest how the EU might respond effectively to the challenges faced.
Public Interest Litigation in International Law
In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to internationa...
