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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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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Author : John Morijn
language : en
Publisher:
Release Date : 2013
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 has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
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).
Human Rights In International Investment Law And Arbitration
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Author : Pierre-Marie Dupuy
language : en
Publisher: Oxford University Press
Release Date : 2009
Human Rights In International Investment Law And Arbitration written by Pierre-Marie Dupuy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.
Founding A Global Human Rights Culture For Trade Marks
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Author : Genevieve Wilkinson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Founding A Global Human Rights Culture For Trade Marks written by Genevieve Wilkinson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Political Science categories.
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.
Conflicts Between Fundamental Rights
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Author : Eva Brems
language : en
Publisher:
Release Date : 2008
Conflicts Between Fundamental Rights written by Eva Brems and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Civil rights categories.
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.
Theoretical Boundaries Of Armed Conflict And Human Rights
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Author : Jens David Ohlin
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-04
Theoretical Boundaries Of Armed Conflict And Human Rights written by Jens David Ohlin and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-04 with Law categories.
A theoretical examination of the tense and uncertain relationship between the laws of war and human rights law.
Regime Interaction In International Law
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Author : Margaret A. Young
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-12
Regime Interaction In International Law written by Margaret A. Young and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-12 with Law categories.
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.
Limits Of Tolerance
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Author : Sebastian Brett
language : en
Publisher: Human Rights Watch
Release Date : 1998
Limits Of Tolerance written by Sebastian Brett and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Political Science categories.
History and Legal Norms
Fragmentation Of International Law
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Author : United Nations. International Law Commission
language : en
Publisher:
Release Date : 2007
Fragmentation Of International Law written by United Nations. International Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Conflict of laws categories.
National Constitutions In European And Global Governance Democracy Rights The Rule Of Law
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Author : Anneli Albi
language : en
Publisher: Springer
Release Date : 2019-05-29
National Constitutions In European And Global Governance Democracy Rights The Rule Of Law written by Anneli Albi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-29 with Law categories.
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Order From Transfer
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Author : Günter Frankenberg
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Order From Transfer written by Günter Frankenberg and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.