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Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies An Analysis Of Diverging Uses Of Fundamental Rights In The Context Of International And European Trade Law
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Book Synopsis Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies? An Analysis of Diverging Uses of 'Fundamental Rights' in the Context of International and European Trade Law by : John Morijn
Download or read book Conflicts Between Fundamental Rights Or Conflicting Fundamental Rights Vocabularies? An Analysis of Diverging Uses of 'Fundamental Rights' in the Context of International and European Trade Law written by John Morijn and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions about different modalities to deal with conflicts between 'fundamental rights' presuppose a common understanding of which norms form the category of 'fundamental rights'. Human rights analysts typically approach this issue only implicitly, by exclusively referring to human rights treaties, legislation, and specialised jurisprudence. Moreover, human rights analysis usually takes as common ground that these 'fundamental rights' provide for an analytical framework that is comprehensive and, because of their indivisibility and interdependence, need to be pursued as a 'package' in any given context. Drawing upon European and international trade law, this chapter points out that this understanding of the content and nature of 'fundamental rights' is not the only significant one. Recent ILO initiatives tailored to respond to the realities of WTO-driven trade liberalisation short-list a number of human rights norms on grounds of proclaimed particular characteristics in an economic context. Moreover, European and international trade law scholarship and jurisprudence sometimes (appear to propose to) add legal norms to the list of 'fundamental rights'. Apart from conceptual relevance, such a reality of parallel fundamental rights lists clearly also has significant practical implications. What is accepted to be added to, dropped from, or emphasised on the 'fundamental rights' list directly impacts modalities to deal with conflicts between 'them'. It is argued that if human rights experts aim to guard their own understanding of 'fundamental rights', engagement with alternative conceptual thinking and careful consideration of alternative legal contexts when suggesting practical solutions is required. The discussion is structured as follows: first the terms of the varying uses of 'fundamental rights' by human rights experts, international labour lawyers and trade lawyers will be identified (section 2). Then some conceptual and methodological implications of this Babylonian situation are highlighted with regard to the practical situation of solving conflicts between 'fundamental rights' in the legal setting of a trade court (section 3). A conclusion will wrap up the discussion (section 4).
Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy
Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Book Synopsis Founding a Global Human Rights Culture for Trade Marks by : Genevieve Wilkinson
Download or read book Founding a Global Human Rights Culture for Trade Marks written by Genevieve Wilkinson and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.
Book Synopsis Conflicts Between Fundamental Rights by : Eva Brems
Download or read book Conflicts Between Fundamental Rights written by Eva Brems and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every human rights lawyer, at some point or other, comes across an issue of conflicting human rights. Yet there is surprisingly little literature on this issue; especially if one wants to examine the matter at a general level, above specific conflicts such as those between freedom of expression and the right to non-discrimination, or between religious freedom and women's rights. The international conference on conflicts between fundamental rights, which took place in Ghent (Belgium) in December 2006, brought together a diverse group of human rights scholars who reflected on this issue from different angles. The papers in this volume are selected from among those that were presented at the conference. The issue of conflicting rights is examined in both domestic and international human rights law, and deals with many different types of human rights, including economic and social rights. Some are empirical, describing and analyzing how courts and legislators deal with these issues. Others adopt a normative approach, establishing criteria that may guide future judges and lawmakers confronted with conflicts between fundamental rights.
Book Synopsis Differentiation in Fundamental Rights Protection in the European Union in the Light of Asymmetric Federalism by : Marjan Kos
Download or read book Differentiation in Fundamental Rights Protection in the European Union in the Light of Asymmetric Federalism written by Marjan Kos and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU's multilevel constitutional structure determines the approach to fundamental rights protection. Fundamental rights are protected in Member States, the EU and at the international level. As the EU is marked by inherent diversity, including constitutional, fundamental rights are sometimes afforded varying levels of protection. In cases of conflicting fundamental rights, deciding which standard applies raises important constitutional challenges. This Thesis challenges the feasibility of implementing a uniform standard of fundamental rights protection in the EU. This means that Member State action falling within the scope of EU law should be reviewed under the EU Charter standards, even when the national constitution provides a higher level of fundamental rights protection. This approach is based on the principles of primacy, unity, and effectiveness of EU law. The issue of conflicting fundamental rights standards is addressed in the Thesis by examining two theoretical approaches: differentiation in EU law and asymmetric federalism. Differentiation is a persistent feature of EU law and is present in all EU policy areas. Differences in fundamental rights protection within the EU are placed within the existing theoretical framework of differentiation. This helps to determine to what extent differentiation applies to fundamental rights protection. A more open approach towards accommodating diversity in fundamental rights through differentiation is supported by an analysis of asymmetric federalism, in particular asymmetry in fundamental rights in (quasi-)federal systems. The analysis shows that adopting asymmetry may positively impact the legitimacy and stability of multilevel systems and prevent constitutional conflicts. Accordingly, the Thesis offers different ways in which differentiation can be applied to fundamental rights protection in the EU. It provides an interpretation of Art. 4(2) TEU and Art. 53 of the EU Charter, under which they could function as cross-cutting mechanisms of differentiation in EU law.
Book Synopsis Fundamental Rights in Europe and North America : Basic Work by : Faculty of Law Staff
Download or read book Fundamental Rights in Europe and North America : Basic Work written by Faculty of Law Staff and published by Springer. This book was released on 2001-07-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamental rights have not only gained an ever-increasing impact in the framework of international and regional human rights conventions, but also in the national legal orders of European and American societies. This unique collection constitutes the first systematic presentation of fundamental rights in the case law and doctrine of countries of Western, Middle, and Eastern Europe, and the United States (North America). Special attention is paid to the jurisprudence of the European Court of Human Rights (Strasbourg) and the European Court of Justice (Luxembourg). This ground-breaking collection offers a comprehensive, comparative legal overview of the general doctrine of fundamental rights, as well as a detailed analysis of specific fundamental rights, including: - civil liberties - economic and social rights - non-discrimination and justiceable rights (due process) Furthermore, it clarifies the mutual impact of constitutional case law. The aim of the project is to create a well-structured set of material on human rights in order to promote a "ius commune europaeum," and encourage the use of a comparative approach in judicial review by both judges and lawyers in human rights cases before national and European courts. The national reports published so far are: b>Volume A National Reports: Austria; Belgium; Czech Republic; England and Wales; Estonia; Finland; France; Germany; Greece; Ireland. Volume B National Reports: Lithuania; The Netherlands; Poland; Portugal; Slovenia; Spain; Sweden; Switzerland; USA; European Court of Justice; European Court of Human Rights. The country Volumes published so far are: Greece, ECHR and Hungary.
Book Synopsis Theoretical Boundaries of Armed Conflict and Human Rights by : Jens David Ohlin
Download or read book Theoretical Boundaries of Armed Conflict and Human Rights written by Jens David Ohlin and published by Cambridge University Press. This book was released on 2016-08-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Book Synopsis Limits of Tolerance by : Sebastian Brett
Download or read book Limits of Tolerance written by Sebastian Brett and published by Human Rights Watch. This book was released on 1998 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: History and Legal Norms
Book Synopsis Fragmentation of International Law by : United Nations. International Law Commission
Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis The Right of Publicity by : Jennifer Rothman
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Book Synopsis Reconciliation After Violent Conflict by : David Bloomfield
Download or read book Reconciliation After Violent Conflict written by David Bloomfield and published by . This book was released on 2003 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a newly democratized nation constructively address the past to move from a divided history to a shared future? How do people rebuild coexistence after violence? The International IDEA Handbook on Reconciliation after Violent Conflict presents a range of tools that can be, and have been, employed in the design and implementation of reconciliation processes. Most of them draw on the experience of people grappling with the problems of past violence and injustice. There is no "right answer" to the challenge of reconciliation, and so the Handbook prescribes no single approach. Instead, it presents the options and methods, with their strengths and weaknesses evaluated, so that practitioners and policy-makers can adopt or adapt them, as best suits each specific context. Also available in a French language version.
Book Synopsis The Right to Food and the World Trade Organization's Rules on Agriculture by : Rhonda Ferguson
Download or read book The Right to Food and the World Trade Organization's Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-03 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
Book Synopsis The European Court of Justice by : Gráinne De Búrca
Download or read book The European Court of Justice written by Gráinne De Búrca and published by Oxford University Press, USA. This book was released on 2001 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.
Book Synopsis I'm Not Racist But ... 40 Years of the Racial Discrimination Act by : Tim Soutphommasane
Download or read book I'm Not Racist But ... 40 Years of the Racial Discrimination Act written by Tim Soutphommasane and published by NewSouth. This book was released on 2015-06-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Australia a 'racist' country? Why do issues of race and culture seem to ignite public debate so readily? Tim Soutphommasane, Australia's Race Discrimination Commissioner, reflects on the national experience of racism and the progress that has been made since the introduction of the Racial Discrimination Act in 1975. As the first federal human rights and discrimination legislation, the Act was a landmark demonstration of Australia's commitment to eliminating racism. Published to coincide with the Act's fortieth anniversary, this book gives a timely and incisive account of the history of racism, the limits of free speech, the dimensions of bigotry and the role of legislation in our society's response to discrimination. With contributions by Maxine Beneba Clarke, Bindi Cole Chocka, Benjamin Law, Alice Pung and Christos Tsiolkas.
Book Synopsis Democracy by : Inter-parliamentary Union
Download or read book Democracy written by Inter-parliamentary Union and published by Inter-Parliamentary Union. This book was released on 1998 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles to realization - Cherif Bassiouni
Book Synopsis Judicial Review in the Contemporary World by : Mauro Cappelletti
Download or read book Judicial Review in the Contemporary World written by Mauro Cappelletti and published by . This book was released on 1971 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
