The Long and Winding Road to Equality and Inclusion for Persons with Disabilities

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Publisher :
ISBN 13 : 9781780683584
Total Pages : 0 pages
Book Rating : 4.6/5 (835 download)

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Book Synopsis The Long and Winding Road to Equality and Inclusion for Persons with Disabilities by : Andrea Broderick

Download or read book The Long and Winding Road to Equality and Inclusion for Persons with Disabilities written by Andrea Broderick and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines several aspects of the equality and non-discrimination norms in the UN Convention on the Rights of Persons with Disabilities (CRPD). In the first instance, the book provides an interpretation and critical analysis of the legal meaning of the principles of equality and non-discrimination in the context of the CRPD. It analyses the extent to which the concepts of equality and non-discrimination contained in the Convention fit within the various theoretical models of disability and conceptions of equality that have been elaborated to date by scholars. It also compares the theoreotical framework of equality in the CRPD to that contained in other international human rights treaties which preceded the Convention. In addition, States' obligations under the Convention are teased out. A particular focus throughout this book is on the manner in which the equality and non-discrimination norms in the CRPD can increase participation and inclusion in society of persons with disabilities. This book also examines in detail an integral component of the equality norm, namely the duty to reasonably accommodate persons with disabilities and, in particular, its outer limits. In that regard, the book analyses whether the balancing and sharing of burdens inherent in the accommodation duty can teach us lessons about the overall balancing of burdens and interests implicit in many Convention rights subject to progressive realisation. Following on from that, this book devises a framework for review of measures adopted by States in the overall context of the progressive realisation of disability rights, with a particular emphasis on how the CRPD's equality norm might strengthen the realisation of socio-economic rights for disabled people. That framework of review criteria is then applied to the right to education and the accessibility obligation incumbent on States under the CRPD. Finally, this book investigates how the equality and non-discrimination norms in the Convention have already influenced, and can potentially influence, the crucial shape of disability equality case law and policy. In that connection, a case study is carried out on the Council of Europe mechanisms, in order to assess whether the CRPD is having an influence on disability law and policy at the regional level. This book demonstrates the fact that the CRPD holds enormous promise for the future application of the equality and non-discrimination norms in relation to the rights of persons with disabilities. Notwithstanding this, significant challenges lie ahead in the realisation of de facto equality for persons with disabilities. (Series: School of Human Rights Research, Volume 74) Subject: Human Rights Law]

Mental Capacity, Dignity and the Power of International Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 100930450X
Total Pages : 299 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Mental Capacity, Dignity and the Power of International Human Rights by : Julia Duffy

Download or read book Mental Capacity, Dignity and the Power of International Human Rights written by Julia Duffy and published by Cambridge University Press. This book was released on 2023-08-17 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.

International and European Disability Law and Policy

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Publisher : Cambridge University Press
ISBN 13 : 1108418198
Total Pages : 639 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis International and European Disability Law and Policy by : Andrea Broderick

Download or read book International and European Disability Law and Policy written by Andrea Broderick and published by Cambridge University Press. This book was released on 2019-10-31 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first textbook on international and European disability law and policy, analysing the interaction between different legal systems and sources.

Promoting equality and non-discrimination for persons with disabilities

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Publisher : Council of Europe
ISBN 13 :
Total Pages : 61 pages
Book Rating : 4./5 ( download)

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Book Synopsis Promoting equality and non-discrimination for persons with disabilities by : Waddington, Lisa

Download or read book Promoting equality and non-discrimination for persons with disabilities written by Waddington, Lisa and published by Council of Europe. This book was released on 2017-03-27 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality and non-discrimination: A core principle of all human rights and fundamental freedoms. Ensuring equal opportunities for persons with disabilities is an important facilitator of participation and inclusion in society. Both the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and the Council of Europe Disability Strategy 2017-2023 address equality and equalisation of opportunities for persons with disabilities. Article 5 of the UNCPRD requires States to adopt positive measures aimed at ensuring equality across the substantive rights in the Convention. The Council of Europe Disability Strategy aims at guiding and supporting the activities of Council of Europe member States in their implementation of the UNCRPD and Council of Europe standards regarding disability, and similarly addresses equality and non-discrimination. The overall goal of this study is to analyse the obligations contained in the UNCRPD regarding equality and non-discrimination, and to provide examples of good national practices regarding equality and non-discrimination.

Mental Health Law

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Publisher : Oxford University Press
ISBN 13 : 0192654969
Total Pages : 257 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Mental Health Law by : Kay Wilson

Download or read book Mental Health Law written by Kay Wilson and published by Oxford University Press. This book was released on 2021-06-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.

Federalism and the Rights of Persons with Disabilities

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509962441
Total Pages : 423 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Federalism and the Rights of Persons with Disabilities by : Delia Ferri

Download or read book Federalism and the Rights of Persons with Disabilities written by Delia Ferri and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.

Research Handbook on EU Disability Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788976428
Total Pages : 488 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on EU Disability Law by : Delia Ferri

Download or read book Research Handbook on EU Disability Law written by Delia Ferri and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.

Disability in International Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0192557939
Total Pages : 240 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Disability in International Human Rights Law by : Gauthier de Beco

Download or read book Disability in International Human Rights Law written by Gauthier de Beco and published by Oxford University Press. This book was released on 2021-08-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines what international human rights law has gained from the new elements in the UN Convention on the Rights of Persons with Disabilities (CRPD). It explores how the CRPD is intricately bound up with other international instruments by studying the relationship between the Convention rights and those protected by other human rights treaties, as well as the overall objectives of the UN. Using a social model lens on disability, the book shows how the Convention sheds new light on the very notion of human rights. The book provides a theoretical framework which explicitly integrates disability into international human rights law. It explains how the CRPD challenges the legal subject by drawing attention to distinct forms of embodiment, before introducing the idea of the 'dis-abled subject', which stems from a recognition that all individuals encounter disability-related issues during their lives. The book also shows how to apply this theoretical framework to several rights and highlights the consequences for the implementation of human rights treaties as a whole. It builds upon the literature of disability studies and legal and political theory, as well as drawing upon the recommendations of treaty bodies and reports of UN agencies and disabled people's organisations. This book thereby provides an agenda-setting analysis for all human rights experts, by showing the benefits of placing disabled people at the heart of international human rights law.

The United Nations Convention on the Rights of Persons with Disabilities

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Author :
Publisher : Springer
ISBN 13 : 3319437909
Total Pages : 769 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The United Nations Convention on the Rights of Persons with Disabilities by : Valentina Della Fina

Download or read book The United Nations Convention on the Rights of Persons with Disabilities written by Valentina Della Fina and published by Springer. This book was released on 2017-01-20 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.

The UN Convention on the Rights of Persons with Disabilities

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192538691
Total Pages : 1460 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The UN Convention on the Rights of Persons with Disabilities by : Ilias Bantekas

Download or read book The UN Convention on the Rights of Persons with Disabilities written by Ilias Bantekas and published by Oxford University Press. This book was released on 2018-10-25 with total page 1460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.

The Right to Inclusive Education in International Human Rights Law

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Publisher : Cambridge University Press
ISBN 13 : 1107121183
Total Pages : 733 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Right to Inclusive Education in International Human Rights Law by : Gauthier de Beco

Download or read book The Right to Inclusive Education in International Human Rights Law written by Gauthier de Beco and published by Cambridge University Press. This book was released on 2019-05-02 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume studies the implications of the right to inclusive education in human rights law for disability law, policy and practice.

Routledge Handbook of Mental Health Law

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Publisher : Taylor & Francis
ISBN 13 : 1000984915
Total Pages : 756 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Routledge Handbook of Mental Health Law by : Brendan D. Kelly

Download or read book Routledge Handbook of Mental Health Law written by Brendan D. Kelly and published by Taylor & Francis. This book was released on 2023-10-12 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia. This is a timely moment for this book to appear. The United Nations’ Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be. The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.

The European Union as Protector and Promoter of Equality

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Publisher : Springer Nature
ISBN 13 : 3030437647
Total Pages : 493 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis The European Union as Protector and Promoter of Equality by : Thomas Giegerich

Download or read book The European Union as Protector and Promoter of Equality written by Thomas Giegerich and published by Springer Nature. This book was released on 2020-07-06 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

Compulsory Mental Health Interventions and the CRPD

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509931597
Total Pages : 200 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Compulsory Mental Health Interventions and the CRPD by : Anna Nilsson

Download or read book Compulsory Mental Health Interventions and the CRPD written by Anna Nilsson and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.

The Role of Assistive Technology in Fostering Inclusive Education

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Publisher : Routledge
ISBN 13 : 0429766408
Total Pages : 156 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The Role of Assistive Technology in Fostering Inclusive Education by : Evert-Jan Hoogerwerf

Download or read book The Role of Assistive Technology in Fostering Inclusive Education written by Evert-Jan Hoogerwerf and published by Routledge. This book was released on 2020-09-13 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of Assistive Technology in Fostering Inclusive Education uses evidence-based research to explore issues related to implementation of ICT-based Assistive Technology (ICT-AT) in education. It focuses on programmes and activities that aim at the empowerment of the learners with disabilities, as well as the empowerment of the entire educational ecosystem. The book provides a synthesis of political and theoretical discussions as well as practical experiences on the implementation of ICT-AT in education. Analysing international policy frameworks in relation to inclusive education and technology, it discusses examples of school self-assessment and action plan methodologies for digital inclusive education, as well as case studies of innovative ICT and AT solutions in educational environments. The authors elaborate on digital empowerment as a wider societal challenge through reflection on the barriers that people with disabilities meet in education and beyond. This book will be of great interest for academics, researchers, and postgraduate students in the fields of inclusive education and assistive technology, as well as those interested in education research and policy development.

The UN Convention on the Rights of Persons with Disabilities in Practice

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191090239
Total Pages : 650 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The UN Convention on the Rights of Persons with Disabilities in Practice by : Lisa Waddington

Download or read book The UN Convention on the Rights of Persons with Disabilities in Practice written by Lisa Waddington and published by Oxford University Press. This book was released on 2018-05-24 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.

Interdisciplinary Research Methods in EU Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1802205853
Total Pages : 385 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Interdisciplinary Research Methods in EU Law by : Rossana Deplano

Download or read book Interdisciplinary Research Methods in EU Law written by Rossana Deplano and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook provides a critical and analytical guide to the application of interdisciplinary research methods in EU law and explores the advancement of the EU legal landscape from an interdisciplinary research perspective. Venturing beyond doctrinal legal scholarship, it reflects on the cognitive synergies between EU law and other disciplines, and advances the debate on contemporary trends in EU law research. This title contains one or more Open Access chapters.