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Rights of Nature in Europe
This book addresses the recognition of the Rights of Nature (RoN) in Europe, examining their conceptualisation and implementation. RoN refers to a diverse set of legal developments that seek to redefine Nature's status within the law, gradually emerging as a novel template for environmental protection. Countries like Ecuador and New Zealand, each with distinct histories and ways of dwelling in the world, have pioneered a new era in environmental governance by legally acknowledging rights or personhood for nature, ecosystems, and more-than-human populations. In recent years, Europe has witnessed growing interest in RoN, with academic, legislative, and political initiatives gaining momentum. A...
Minority Rights and Social Change
Minority movements tirelessly continue to engage in the process of social change, trying to promote and enforce minority protection norms and to have their world views, cultural practices, and norms recognized by the state. Through an examination of selected cases, this book problematizes how collective identities are not structurally guaranteed but rather constructed in dialectically interrelated positions and identity layers. The authors show the kind of impact that these processes can, or fail to, have on minority norms, actors, and strategies. Going beyond abstract normative principles, this collection reflects both Global North as well as Global South perspectives and examines through a variety of angles the role that race and ethnicity, culture, or religion play within social mobilization towards social change. The volume offers global insight on actor and strategy attempts to foster social change through the instrumental use and interpretation of minority rights as norms. This book will be of interest to those researching minority rights broadly understood within the disciplines of law, anthropology, sociology, and political science.
Human Rights and the Environment in Africa
The relationship between human rights and the environment, as evidenced by the recent UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, doctrinal, and empirical research to interrogate and provide clarity on how and whether the human rights-based approach to environmental protection and policy implications has been effective in enhancing environmental protection...
The Right to a Healthy Environment in and Beyond the Anthropocene
In light of the UN General AssemblyÕs recognition of the human right to a clean, healthy, and sustainable environment, this erudite book presents in-depth analyses of the concrete operationalization of this right at the regional, national, and international level.
Legal Geography
This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publication...
Self-Determination, Dignity and End-of-Life Care
By providing an interdisciplinary reading of advance directives regulation in international, European and domestic law, this book offers new insights into the most controversial legal issues surrounding the debate over dignity and autonomy at the end of life.
Europe in Law and Literature
Europe is a broad and multifaceted construct, variously understood as a geographical, political, legal, institutional, social, or cultural formation. It is characterized by numerous conflicts and processes of negotiation that have accompanied or sustained the development of normative orders and divergent conceptions of law, both in relation to individual states and to Europe as a whole. The same applies to the field of literature, language, and aesthetics; numerous myths and ideologies have shaped today’s understanding of Europe and still support it today. This volume examines how such processes were legally structured, and literarily addressed, criticized, and complemented. Its interdisci...
The Internet and Constitutional Law
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
African Law(s)
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Local Governance in Multi-Layered Systems
The book provides a comprehensive analysis of local government in federations. It fills the gap in current legal research and positions local government in federal studies through the lenses of comparative law, adopting a more nuanced approach to local government. The book considers the shortcomings between the black-letter constitution and its operational rules. Whether (and how) the regime of local government is implemented is more relevant than its formal-but-ineffective recognition. The comparative survey discloses the variety local institutions take in different federal contexts. Divided into three parts, the book comprises chapters investigating local government in systems that, to var...
