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Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship ...
"This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States' level, focusing on three essential elements, including the sources of...
The book sheds light on the relationship between the responsibility of individuals and States for major offences, via a systemic investigation. The analysis provides a critical perspective on core mechanisms of the international legal system, addressing the regulation of crucial problems such as war, genocide and terrorism.
In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and Sta...
Now in its second edition, Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text introduces students to basic principles, then covers more complex elements of evidence law. Cases and excerpts from legislation have been selected to guide students through the application of the Act. This edition has been updated to include significant recent case examples and decisions. Each chapter includes a summary of key points, definitions and practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex problems designed to test students' understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are provided so students can check their understanding. Providing clear explanations and examples, Australian Uniform Evidence Law is an essential resource for all students of evidence law.
Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.
In light of the third-generation concept of ‘inclusive sustainability’, the volume explores the architecture of global disability governance and its degree of harmonisation. The book integrates socio-cultural, economic, political and legal analyses from an international and comparative perspective. The first part of the volume outlines a tripartite systematisation of disability rights for States and non-state persons. In light of essential economic considerations, the second part explores the relationship between disability and specific fundamental rights and regimes, particularly the rights to life, health, education, work and participation. The third part takes an institutional approach and focuses on the way in which the UN and regional organisations regulate disability (rectius, different ability).