Abstract
Dawson Myrna, The Routledge international handbook on femicide and feminicide (Routledge 2023)
This volume explores in depth femicide and feminicide, bringing together our current knowledge on this phenomenon and its prevention. No country is free from femicide/feminicide, which represents the tip of the iceberg in male violence against women and girls. Therefore, it is crucial and timely to better understand how states and their citizens are experiencing and responding to femicide/feminicide globally. Through the work of internationally recognised feminist and grassroots activists, researchers, and academics from around the world, this handbook offers the first in-depth, global examination of the growing social movement to address femicide and feminicide. The handbook includes the current state of knowledge, the prevalence of femicide/feminicide and its characteristics across countries and world regions, as well as the social and legal responses to these killings. The contributions contained here look at the accomplishments of the past four decades, ongoing challenges, as well as current and future priorities to identify where we need to go from here to prevent femicide/feminicide specifically, and male violence against women and girls overall. This transnational, multi-disciplinary, cross-sectoral handbook will contribute to research, policy, and practice globally at a time when it is needed the most. The handbook brings a visible, global focus to the growing concern about femicide/feminicide, underscoring the importance of adopting a human rights framework in working towards its prevention, in an increasingly unstable global world for women and girls.
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Den Haese Sarah, Crossing Borders Interactions Between Private International Law and Human Rights Law (Boom 2023)
The increasing mobility of people leads to the worldwide circulation of documents that record the personal status of people (e.g. birth, marriage, death). The recognition of these documents traditionally belongs to the field of private international law. This book first maps the private international law rules applicable in Belgium and the Netherlands (Chapter 1) and scrutinises whether and to what extent human rights law and EU principles can support people to obtain or prevent the recognition of a personal status obtained abroad (Chapter 2). Legislation, legal doctrine and case law from the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) have been scrutinised in detail. Subsequently, this book looks into the application of this legal framework by Belgian and Dutch public servants and judges when they are confronted with a request to recognise a foreign marriage, legal parent-child relationship or kafala. This book is unique as it encompasses the results of a bilingual online survey distributed among Belgian and Dutch public servants (over 200 respondents) (Chapter 3) and a case law analysis of over 500 published and unpublished judgments (Chapter 4). The last chapter (Chapter 5) contains recommendations and reflects on future research.
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Dickson Mary Jessie, Leaving, entering and remaining: seeking asylum in an extraterritorial world (Intersentia 2023)
Member States of the European Union have suggested resorting to the extraterritorial processing of asylum claims and resettlement as alternatives to the spontaneous arrival of refugees/asylum seekers at their borders. Yet there exists no consensus about the definition, operation, and implications of these policies. Central to the currently prevailing uncertainty is the effect of extraterritoriality, both in terms of legal and ethical obligations owed to those who are geographically distant from a particular state border. This book seeks to contribute to the discussion on extraterritorial processing and resettlement by considering their implications. It does so by using a mixed methodology, comprising of legal analysis and ethical reasoning, in order to appraise the legality and legitimacy of these policies. The structure of leaving, entering, and remaining is employed to consider the right to leave, non-refoulement, the ability to receive protection in an EU Member State, and their interaction with the extraterritorial context. Scholars researching alternatives to the spontaneous arrival of asylum seekers will find this book particularly relevant, as well as those studying the protection of human rights in the extraterritorial context more generally. Finally, the book also provides insights for policy-makers exploring novel pathways to complement existing asylum systems.”
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Ferri Delia, Federalism and the Rights of Persons with Disabilities The Implementation of the CRPD in Federal Systems and Its Implications (Bloomsbury Publishing 2023)
This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.
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Fuentes Aguilera Mario, Environmental human rights: new thinking from Latin America and the Caribbean (Brill Nijhoff 2023)
Advancing sustainable development and democracy are the underlying purposes linking the landmark Escazú Agreement with the American Convention on Human Rights. Exploring both these treaties and the relevant regional jurisprudence, this monograph provides the first analysis of the ground-breaking environmental human rights law being developed in Latin America and the Caribbean. The key feature of the regional law is the priority it gives to equality and non-discrimination for vulnerable persons and groups, environmental defenders, local communities and indigenous peoples. This book brings practitioners and academics up to date with the legal tools for protecting people and planet.
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Kassoti Eva, The principle of solidarity: international and EU law perspectives (Asser Press 2023)
This volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organisations presenting different visions (and levels) of co-operation.
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Krstic Ivana, Legal issues of international law from a gender perspective (Springer, Cham 2022)
This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognise certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EUs external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of womens participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant moulds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
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Ryan Bernard, Migrant Labour and the Reshaping of Employment Law (Hart Publishing, Oxford 2023)
The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law - including the law relating to collective bargaining, and remedies against exploitation.
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Thym Daniel, European migration law (Oxford University Press, Oxford, United Kingdom 2023)
European Migration Law’ explores the growth of EU migration law in both legislative and judicial developments. It analyses the general framework behind the EU rules of migration, the significance of human rights in policy making, and explores the legislation surrounding key issues including entry into EU territory, border controls, and asylum.