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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 may sometimes impede, rather than advance, the cause it purports to …
Persistent link: https://www.econbiz.de/10012906251
international human rights law's subsidiarity principle allow the U.S. to pursue a framework policy toward treaty body engagement … importance of giving the principle of subsidiarity its full and intended meaning in international human rights law. The piece … domestic decision-making processes. The challenge for domestic advocates is to ensure that this subsidiarity principle is …
Persistent link: https://www.econbiz.de/10014225468
In contrast to the whirlwind pace and the efficiency with which the science and commercialization of modern biotechnology have developed in the past few decades, the creation of an adequate and comprehensive regulatory regime for agricultural biotechnology has proven to be a lengthy and arduous...
Persistent link: https://www.econbiz.de/10013068899
The legal context may not be the only context in which human rights are applied, but it certainly is an important one. With a view to assessing human rights in the context both of the courtroom and of legal scholarship, this paper sets out some of the basics of law and legal method
Persistent link: https://www.econbiz.de/10012945195
The 26 June 1987, the Committee of Ministers of the Council of Europe adopted the “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, which entered eventually into force two years later. Being closely intertwined with the European Convention...
Persistent link: https://www.econbiz.de/10014179650
Business-related human rights abuses remain endemic in Europe and globally. European actors have implemented measures to address business-related human rights abuses both prior and subsequent to the United Nations 2011 Guiding Principles on Business and Human Rights, a central reference point of...
Persistent link: https://www.econbiz.de/10013217559
This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of … it means to designate a rule or relationship (between legal regimes, say) as one of subsidiarity. These are formulated by … reference, principally, to thinking about subsidiarity outwith private law; and, secondarily, to: (i) miscellaneous literature …
Persistent link: https://www.econbiz.de/10012827942
of conferral, which empowers the European Union in terms of competence, the principle of subsidiarity, which underlines … possible “finale” of our Single Market and this paper will concentrate of the influence of subsidiarity and proportionality on … how the two fundamental principles, of subsidiarity and proportionality, provided in time by the modifying treaties and …
Persistent link: https://www.econbiz.de/10012825794
intervention, we show that the subsidiarity principle can have mixed effects as a firewall against progressive centralization. Our … economic model of subsidiarity reveals that once some functions become centralized, further centralization becomes easier and … often unavoidable. Contrary to its intended function, a piecemeal application of the subsidiarity principle can trigger a …
Persistent link: https://www.econbiz.de/10014218832