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Same Sex Couples Before National Supranational And International Jurisdictions
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Book Synopsis Same-Sex Couples before National, Supranational and International Jurisdictions by : Daniele Gallo
Download or read book Same-Sex Couples before National, Supranational and International Jurisdictions written by Daniele Gallo and published by Springer Science & Business Media. This book was released on 2013-12-02 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
Book Synopsis Routledge Handbook of International Family Law by : Barbara Stark
Download or read book Routledge Handbook of International Family Law written by Barbara Stark and published by Routledge. This book was released on 2019-01-30 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
Book Synopsis Same-Sex Relationships, Law and Social Change by : Frances Hamilton
Download or read book Same-Sex Relationships, Law and Social Change written by Frances Hamilton and published by Routledge. This book was released on 2020-01-15 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.
Book Synopsis Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development by : Niels M. Blokker
Download or read book Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development written by Niels M. Blokker and published by BRILL. This book was released on 2021-07-19 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.
Book Synopsis LGBTQ Politics by : Marla Brettschneider
Download or read book LGBTQ Politics written by Marla Brettschneider and published by NYU Press. This book was released on 2017-09-19 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: "From Harvey Milk to Barney Frank, and from ACT UP to Proposition 8, in the past few decades, no political change has been more significant than the civil rights advancements of LGBTQ citizens. LGBTQ Politics is the first authoritative reader to approach the complexity of queer politics from a political science persective, bringing together original contributions from leadings scholars in the field on key issues in LGBTQ politics. These original essays cover a wide range of essential topics, including marriage equality, transgender discrimination, gay and lesbian political candidates, LGBTQ human rights advocacy, HIV prevention, and LGBTQ movements of the Global South. The volume also includes a number of critical essays that reflect upon the state of political science as a discipline that has struggled to address queer politics. Contributors draw from a variety of subfields in political science, including comparative politics, political theory, American politics, public law, and international relations. Essays that focus on mainstream institutional politics appear alongside contributions grounded in grassroots movements and critical theory. While some essays express concerns that the democratic basis of the LGBTQ movement has been undermined, others celebrate the movement's successes and offer visions for the future. A comprehensive, thought-provoking, and authoritative collection, LGBTQ Politics: A Critical Reader is required reading for anyone looking to learn about the politics of sexuality"--Back cover.
Book Synopsis Constitutional Courts, Gay Rights and Sexual Orientation Equality by : Angioletta Sperti
Download or read book Constitutional Courts, Gay Rights and Sexual Orientation Equality written by Angioletta Sperti and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last fifteen years constitutional issues regarding the rights of gays, lesbians and same-sex couples have emerged on a global scale. The pace of recognition of their fundamental rights, both at judicial and legislative level, has dramatically increased across different jurisdictions, reflecting a growing consensus toward sexual orientation equality. This book considers a wide-range of decisions by constitutional and international courts, from the decriminalization of sexual acts to the recognition of same-sex marriage and parental rights for same-sex couples. It discusses analogies and differences in judicial arguments and rationales in such cases, focusing in particular on human dignity, privacy, liberty, equality and non-discrimination. It argues that courts operate as major exporters of models and principles and that judicial cross-fertilization also helps courts in increasing the acceptability of gays' and lesbians' rights in public opinions and politics. Courts discuss changes in the social perception of marriage and family at national and international levels and at the same time confirm and reinforce them, forging the legal debate over sexual orientation equality. Furthermore, by promoting the political reception of the achievements of foreign gay movements in their own jurisdictions, courts play an essential role in breaking the political stalemate.
Book Synopsis Transnational Advocacy Networks and Human Rights Law by : Giulia Dondoli
Download or read book Transnational Advocacy Networks and Human Rights Law written by Giulia Dondoli and published by Routledge. This book was released on 2019-01-25 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks the fundamental question of how new human rights issues emerge in the human rights debate. To answer this, the book focuses on nongovernmental organizations (NGOs) and on the case study of LGBTI (lesbian, gay, bisexual, transgender and intersex) rights. The work argues that the way in which NGOs decide their advocacy, conceptualise human rights violations and strategically present legal analysis to advance LGBTI human rights shapes the human rights debate. To demonstrate this, the book analyses three data sets: NGO written statements submitted to the United Nations Human Rights Council, NGO oral statements delivered during the Universal Periodic Review and 36 semi-structured interviews with NGO staff. Data are analysed with a combination of quantitative and qualitative approaches to discover what issues are most important for LGBTI networks (issue emergence) and how these issues are framed (issue framing). Along with NGO efficiency in lobbying for the emergence of new human rights standards, the book inevitably discusses important questions related to NGOs’ accountability and democratic legitimacy. The book thus asks whether the right to marry is important for LGBTI advocates working transnationally, because this right is particularly controversial among activists and LGBTI communities, especially in non-Western contexts.
Book Synopsis Law and Gender in Modern Ireland by : Lynsey Black
Download or read book Law and Gender in Modern Ireland written by Lynsey Black and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the '8th Amendment'), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.
Book Synopsis Judicial Dialogue and Human Rights by : Amrei Müller
Download or read book Judicial Dialogue and Human Rights written by Amrei Müller and published by Cambridge University Press. This book was released on 2017-05-25 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.
Book Synopsis Private International Law by : Symeon C. Symeonides
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Book Synopsis Judicial Power in a Globalized World by : Paulo Pinto de Albuquerque
Download or read book Judicial Power in a Globalized World written by Paulo Pinto de Albuquerque and published by Springer Nature. This book was released on 2019-08-21 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores fundamental topics concerning the functioning of the judiciary. The authors – class scholars, international judges and jurists from a diverse range of countries – address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
Book Synopsis European Family Law Volume I by : Jens M. Scherpe
Download or read book European Family Law Volume I written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
Book Synopsis The Asian Yearbook of Human Rights and Humanitarian Law by :
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by and published by BRILL. This book was released on 2019-07-22 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 3 is Law, Gender and Sexuality.
Book Synopsis Sexuality and Transsexuality Under the European Convention on Human Rights by : Damian A Gonzalez Salzberg
Download or read book Sexuality and Transsexuality Under the European Convention on Human Rights written by Damian A Gonzalez Salzberg and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a critical analysis of international human rights law through the lens of queer theory. It pursues two main aims: first, to make use of queer theory to illustrate that the field of human rights law is underpinned by several assumptions that determine a conception of the subject that is gendered and sexual in specific ways. This gives rise to multiple legal and social consequences, some of which challenge the very idea of universality of human rights. Second, the book proposes that human rights law can actually benefit from a better understanding of queer critiques, since queer insights can help it to overcome heteronormative beliefs currently held. In order to achieve these main aims, the book focuses on the case law of the European Court of Human Rights, the leading legal authority in the field of international human rights law. The use of queer theory as the theoretical approach for these tasks serves to deconstruct several aspects of the Court's jurisprudence dealing with gender, sexuality, and kinship, to later suggest potential paths to reconstruct such features in a queer(er) and more universal manner.
Book Synopsis The Transformation or Reconstitution of Europe by : Tamara Perišin
Download or read book The Transformation or Reconstitution of Europe written by Tamara Perišin and published by Bloomsbury Publishing. This book was released on 2018-03-08 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.
Book Synopsis Global Gender Constitutionalism and Women's Citizenship by : Ruth Rubio-Marin
Download or read book Global Gender Constitutionalism and Women's Citizenship written by Ruth Rubio-Marin and published by Cambridge University Press. This book was released on 2022-10-06 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers whether and how constitutions have affirmed women's equal citizenship status, from the birth of constitutionalism to the present.
Book Synopsis Democratic Transformations in Europe by : Yvette Peters
Download or read book Democratic Transformations in Europe written by Yvette Peters and published by Routledge. This book was released on 2016-12-01 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies evolve. Their evolution is not only key to their survival; it is also a reflection of the changing environment in which they operate. This book contributes to the analysis and understanding of how democratic states have transformed over time by examining a number of challenges and opportunities that they face. With a focus on ‘Europe 31’, understood as the EU28 plus Switzerland, Norway, and Iceland, the book brings together separate strands of literature which often remain disconnected in political science narratives. Looking at citizen–state relations, the restructuring of politics and institutions of the state, and developments which reach 'beyond and below' the state, it interrogates a variety of issues ranging from the decline of parties or the re-emergence of nationalism as a political force, to liberal challenges to social democracy, terrorist threats, and climate change. The book combines these different dimensions into a comprehensive overview of the state of contemporary democracy, its challenges and opportunities, and its dynamic capacity to adapt. In other words, it deals with the perpetual threats to and transformations of democracy, and the state’s ability to protect and strengthen its democratic attributes. This text will be of key interest to scholars of European Politics, Comparative Politics, and Democracy Studies.
