Law and Cosmopolitan Values – serie

Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but also need to have a clear understanding of the human rights catalogue that is to be applied, i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights. This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the ECtHR and the ECJ, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes it valuable for academics and practitioners specialized in either fundamental rights, EU law or constitutional law.

Issues of social inclusion and social protection were brought to the fore of political and academic discussions once again by the Treaty of Lisbon. The fight against social exclusion, the promotion of social justice and protection, as well as social cohesion are confirmed to be among the aims of the Union (Article 3 TEU). Moreover, requirements linked to the guarantee of adequate social protection and the fight against social exclusion should be considered both at the levels of design and implementation of EU policies and activities (Article 9 TFEU). The interaction between legal instruments and policy coordination in the field of social inclusion and social protection constitutes the theme of this book. The contributions essentially inquire whether there is any interaction at all, or if the two realms of law and policy of the EU function in parallel. If there is any sort of interchange between the two, in what areas is it taking place, and what does it result into? Legal and political scholars were invited to address these questions and analyse the involvement of the European Union in promoting social inclusion and protection.The book opens with two introductory chapters on the political and legal contexts, and then focuses on the specific cases of health care, pension systems, and means of combating poverty. Each subject matter has been addressed in a complementary fashion through the lenses of juridical and political sciences, which lends the book a cross-disciplinary approach.

Constitutional review has not only expanded geographically; it has also expanded in its mission and function, acquiring new subject areas and new roles and responsibilities. In examining these new roles and responsibilities, this collection reflects on constitutional review as an aspect of constitutionalism framed in the context of multilevel governance. Bringing together a number of remarkable, yet varied, contributions, it explores how institutional changes of multilevel governance have transformed the notion, shape and substance of constitutional review. To this end, four key roles, new and old, are identified: courts act as guardian of fundamental rights, they oversee the institutional balance, they provide a deliberative forum and they assume the function of a regulatory watchdog. This book explores these different roles played by national and European courts, and the challenges brought about by the involvement in multilevel networks and the shift to new concepts of governance.

What lies in the common interest of the international community? How are those common interests protected? What is the role of States and of the international community? The Common Interest in International Law provides answers to these key questions that international law is faced with in times of globalization, humanization, and climate change. The book looks at the protection of common interests and shows how international law is progressively moving away from a system based on territorial sovereignty to a system based on shared responsibilities among States and other actors. The areas covered range from human rights law, international environmental law, and international security law, to international economic law and international litigation. The objective is to investigate whether and how international law, which is historically State-centric and consensual, can protect the common interests of humanity, when such common interests can only be safeguarded with the commitment and cooperation of all State and non-State actors. The issue of collective interests is subject to numerous current discourses in international law. This volume ties these together to offer a new - or renewed - understanding of 'common interest,' reflective of contemporary challenges in international law. The concept of 'common interest' suggests that more is at stake in international law than the individual self-interests of States. Such notion might hold the key to transforming international law away from the dominance of sovereignty into a system which truly serves the interest of the community, including all relevant actors. (Series: Law and Cosmopolitan Values - Vol. 5) [Subject: International Law]

The adoption of Security Council resolution 1325 on women, peace and security in October 2000 marked the beginning of a global agenda on women in armed conflicts and post-conflict transition. This book discusses the context and the content of this UN agenda and provides a systematic review of its implementation, over the last fifteen years, in peace agreements around the world.

Whereas participatory democracy was traditionally meant to further the maximum participation of citizens in political life, the EU supports a modern version of the participatory ideal where citizens are represented by a selfdesignated elite of civil society experts. This book takes a critical stance on that technocratic form of government. At the same time, it examines whether there are realistic ways for a bureaucratic organization like the EU to involve a truly civil society of active citizens in governance.

The goal of the volume is to explore how widespread criticism of the European Court of Human Rights is. It also assesses to what extent such criticism is being translated in strategies at the political level or at the judicial level and brings about concrete changes in the dynamics between national and European fundamental rights protection.

Common Interests in International Litigation provides answers to questions that international litigation faces as the result of an increasing recognition of common interests in this area, with an ever-expanding network of specialised judicial bodies.