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This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE's Members)...
Persistent link: https://www.econbiz.de/10012909750
This paper analyses the forgotten right to continuous improvement of living conditions in ICESCR Art 11(1), drawing on: the travaux préparatoires; the broader context of Twentieth Century international law; and the work of the Committee on Economic, Social and Cultural Rights. It argues that we...
Persistent link: https://www.econbiz.de/10012826347
The paper deals mainly with the emerging legal issues related to climate change and their interlinkages with the WTO law, human rights law, investment law and environmental law. While the comprehensive international legal regime for climate change is still not established, the guidance in...
Persistent link: https://www.econbiz.de/10012975477
Are economic, social and cultural rights actually taken into account when arbitration or adjudicating bodies (panels or tribunals) seek to solve disputes arising under international economic law (IEL)? The term ‘human rights' is seldom applied in the substantive provisions of trade or...
Persistent link: https://www.econbiz.de/10013029866
In December 2007 the US Supreme Court heard oral arguments in its latest Guantaacute;namo Bay cases, Boumediene vs. Bush and Al Odah vs. United States. Interestingly, the argumentation offered in this litigation was almost exclusively domestic - international human rights law did not feature in...
Persistent link: https://www.econbiz.de/10012766466
This paper will discuss the importance of the United Nations Guiding Principles on Business and Human Rights (UN Guiding Principles) violations and access to remedy for victims. Communities and individuals across the globe are adversely affected by activities of multinational corporations and...
Persistent link: https://www.econbiz.de/10012985858
The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial...
Persistent link: https://www.econbiz.de/10012904494
This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it...
Persistent link: https://www.econbiz.de/10012906251
These recommendations are addressed to the European Union, and particularly in regards to its multifaceted actions in the international plane. The EU is a key player in international relations and a guardian of international peace and security. Yet, the EU is also and potentially a violator of...
Persistent link: https://www.econbiz.de/10013073983