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This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States' criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law. Fulvia Staiano analyses the ways in which transnational organized crime has pushed States, as well as international organizations and institutions, to rethink the boundaries and rationale of territorial and extraterritorial State jurisdiction. The book examines consolidated instances of transnat...
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.
"This book explores the experiences of unaccompanied immigrant youth once they arrive to the United States, with a focus on the professionals who try to help. Once youth are detained at the border, they encounter a wide range of professionals whose job it is to help youth find a family system, obtain legal relief, and enter into the education system. Although many professionals who work to help youth often have youth's best interests in mind, their jobs are shaped by three important strains in U.S. history: border security, racialized child welfare, and neoliberal humanitarianism. Because of this, professionals who work with youth find that they are often complicit in the same oppressive systems that they work against. This book explores the tension in this system by providing a critical lens to those who try to help"--
This Commentary provides the first comprehensive analysis of the Council of Europe (CoE) Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice.
European and domestic migration law indirectly discriminates against third-country national migrant women. Can human and fundamental rights law remedy this gender bias? The Human Rights of Migrant Women in International and European Law unveils the existence of a gender bias in European norms – at both EU and domestic level – regulating migrant women’s family life and employment. This monograph aims to analyse the potential of European human and fundamental rights law to expose and correct this bias. Touching upon the two macro-areas of family life and employment, it argues that migrant women’s most common life circumstances must come to the fore in order to fulfil both of these aims. The Human Rights of Migrant Women assesses relevant examples of human and fundamental rights jurisprudence at supranational and domestic level. It identifies effective judicial interpretations to ensure migrant women’s enjoyment of their rights and entitlements in conditions of equality and non-discrimination. The Human Rights of Migrant Women is therefore directed at academics, students and practitioners alike.
Environmental law and governance are the cornerstones of global efforts to conserve the environment, protect resources and ensure fair and equitable outcomes for all of the planet's inhabitants. This book presents a series of thought-provoking chapters which consider the place of governance and law in the defence against imminent and ongoing threats to ecological, social and cultural integrity. Written by an international team of both established and early-career scholars from various disciplines and backgrounds, the chapters cover the most pressing and contemporary issues in environmental law and governance. These include access and benefit-sharing; the right to food and water; climate change coping and adaptation; human rights; the rights of indigenous communities; public and environmental health; and many more. The book has a general focus on environmental governance and law in the European Union and offers points of comparison with Canada and North and South America.
The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.
This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book's precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general internationa...