Ottavio Quirico - Böcker

This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union.The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.

Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

The chapters in this volume provide an interdisciplinary and comparative analysis of the implementation of climate change policies worldwide to assess whether they are meeting the aims set out in the 'Paris Agreement'. The first part compares climate policies employed by the EU, the US, Latin America, Russia, China, the Middle East, and Africa. The second explores ways of improving key regulatory mechanisms to increase the effectiveness of greenhouse gas mitigation and adaptation measures. This book argues that the international community should improve the effectiveness of enforcement mechanisms from the standpoint of secondary norms through an integrated approach. It is an indispensable resource for undergraduate and graduate students of environmental policy and governance, public policy, law and political science, as well as policy makers. This title is part of the Flip it Open Programme and may also be available as Open Access. Check our website - Cambridge Core - for details. (150, 992)

Australian Uniform Evidence Law is an essential textbook for students and emerging practitioners. Providing a practical and clear introduction to this complex subject, the text covers the Evidence Act 1995 (Cth) and its operation across uniform Evidence Act jurisdictions. The textbook highlights the legislative extracts for each uniform evidence jurisdiction and discusses cases that inform the application of these provisions. The third edition includes updated cases and changes to the law, guiding students through the application of the Act and providing opportunities to apply new knowledge of evidence law in its ever-changing context. Chapters are written in an accessible style, featuring a summary of key points, a list of key terms and definitions, and further readings. Practice questions with guided solutions ensure students effectively apply their learnt knowledge to real-world examples. The final chapter, 'Putting it all together', comprises complex practice problems that test students' understanding of the concepts and rules covered.

This book elaborates on deontic logic and network theory to present a reductionist theory of the law, disclosing a simple understanding of legal norms based on minimum necessary and sufficient notions. The analysis explores the concept of a ‘norm’ as a claim-obligation relation that regulates conduct, that is, action and inaction, among subjects, in space and time. Based on these five minimum notions, the study illustrates legal systems as networks of substantive right-duty relations that are procedurally organised according to time. The research relies on basic Kripke-style semantics as social matrixes to explain fundamental normative concepts and further on network science, social network theory and graph-theoretic notation, based on ties and nodes, to elaborate a formal representation of minimum necessary notions and of legal systems as deontic networks. The book will be of interest to academics, researchers and practitioners working in the areas of legal philosophy, legal theory and international law.

In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications.The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.

This book investigates the implementation of disability rights and duties in the European Union, aiming to understand its functioning and explore ways forward through a critical analysis of the Convention on the Rights of Persons with Disabilities (CRPD) within the context of international regulation. Along the lines of the integration of fundamental rights within the common market, the EU has indeed progressively adopted meaningful regulation to advance disability rights, which are now essentially shaped by the CRPD. The research considers the interaction between law and policy at the international, EU and Member States’ level, focusing on three essential elements, including the sources of disability law, institutional mechanisms and substantive regulation. Grounded in the distinction between primary rules on law-making and secondary norms on enforcement, the analysis unfolds against the background of the ‘twin’ transitions on sustainability and digitalisation and encompasses the Council of Europe system, particularly in the light of the foreseeable accession of the EU to the European Convention on Human Rights. Arguably, following the progressive development it has facilitated in other regulatory areas, the Court of Justice of the European Union can provide a decisive contribution to advancing inclusiveness for people with disabilities in the Union.The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in EU and international disability law and politics.

In the course of the 20th and 21st centuries, major offences committed by individuals have been subject to progressive systematisation in the framework of international criminal law. Proposals developed within the context of the League of Nations coordinated individual liability and State responsibility. By contrast, international law as codified after World War II in the framework of the United Nations embodies a neat divide between individual criminal liability and State aggravated responsibility. However, conduct of State organs and agents generates dual liability. Through a critical analysis of key international rules, the book assesses whether the divisive approach to individual and State responsibility is normatively consistent. Contemporary situations, such as the humanitarian crises in Syria and Libya, 9/11 and the Iraq wars demonstrate that the matter still gives rise to controversy: a set of systemic problems emerge. The research focuses on the substantive elements of major offences, notably agression, genocide, core war crimes, core crimes against humanity and terrorism, as well as relevant procedural implications.The book is a useful resource for practitioners, policymakers, academics, students, researchers and anyone interested in international law and politics.

Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

This volume offers a comprehensive, interdisciplinary analysis of the evolving frameworks for protecting cultural property, with a particular focus on the development of dispute resolution mechanisms at both national and international levels. Despite longstanding legal and institutional safeguards, cultural property continues to face serious threats from both persistent and emerging challenges, including illicit trafficking, looting, unauthorized excavations, cultural cleansing, and destruction caused by international and non-international armed conflicts. The growing influence of non-state armed groups and terrorist organizations further exacerbates these risks. In addition, the volume addresses new and compounding threats such as climate change, natural disasters, and the use of advanced technologies to produce counterfeit artefacts highlighting the urgent need for more effective, integrated protection strategies.Contributions from experts in law, archaeology, history, and conservation science provide a multidimensional perspective on cultural property protection. Special attention is also given to the work of commissions and restitution bodies established to address the recovery of art looted during the Second World War. The roles of administrative bodies, museums, galleries, international organizations, and both governmental and non-governmental actors are critically examined within the broader context of cultural governance. Particular attention is given to judicial and non-judicial dispute resolution mechanisms, as well as the involvement of national and international law enforcement agencies. Case studies from conflict-affected regions including Iraq, Syria, Afghanistan, and Ukraine offer insights into the practical implementation of protective measures under conditions of extreme risk. The volume also explores the application of scientific methods in detecting forged artefacts and their evidentiary value in legal proceedings. It further explores how analytical techniques applied in the study of historical materials support the restoration and conservation of cultural property, including the identification of appropriate soils, fabrics, and other materials necessary for accurate reconstruction.This work serves as an essential resource for a wide audience, including students, academics, legal professionals, law enforcement officials, policymakers, representatives of international organizations such as UNESCO, INTERPOL, UNIDROIT, ICOMOS, and ICOM, as well as museums and governmental bodies, all of whom are engaged in the protection and preservation of cultural property across diverse contexts, whether in times of peace or armed conflict.

In light of the third-generation concept of ‘inclusive sustainability’, the volume explores the architecture of global disability governance and its degree of harmonisation.

In light of the third-generation concept of ‘inclusive sustainability’, the volume explores the architecture of global disability governance and its degree of harmonisation.

The European Union (‘EU’) is promoting a suite of innovations in international economic regulation—among them, reforms for secure and sustainable investment, a comprehensive approach to the mutual recognition of professional qualifications, a viable carbon border adjustment mechanism, heightened intellectual property rights protection, the arm’s length principle in taxation, and an increased commitment to non-economic vales. Through a critical analysis of key regulations and policies, this volume explores the evolving architectures of international economic agreements in light of EU practice. A comprehensive analysis indicates that novelties are rooted in geoeconomic considerations, through which a fundamental shift is underway towards the adoption of comprehensive bilateral trade agreements. Whilst innovation has the potential to significantly harmonise cross-border regulatory frameworks, it can also trigger significant fractures, particularly when applied restrictively and asymmetrically. Arguably, the ‘Brussels effect’ will to a certain extent foster a progressive development of international economic regulation, while in some respects being constrained by the status quo of the international economic regime.This volume is part of the Jean Monnet project Third Country Engagement with EU Trade Policy led by the ANU Centre for European Studies at the Australian National University, and supported by the European Commission under the Erasmus+ actions. The project seeks to explore and improve understanding of the EU’s evolving trade policy and its implications for third countries, including Australia and countries in the Asia-Pacific region.