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Volume Editor:
Volume 41 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2023. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.
Volume Editor:
Volume 41 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2023. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.
Editor:
Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking—yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change. The normalization of extraterritoriality as a legal technique, however, has by no means resolved longstanding debates about its place in the international legal order. Containing in-depth studies of fifteen legal systems, this volume provides a critical comparative perspective on those debates.
Series:
Ius Comparatum, Volume: 5
Editor:
Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking—yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change. The normalization of extraterritoriality as a legal technique, however, has by no means resolved longstanding debates about its place in the international legal order. Containing in-depth studies of fifteen legal systems, this volume provides a critical comparative perspective on those debates.
Volume 4 (Articles 20-31)
This authoritative commentary prepared by scholars from the Academic Network on the European Social Charter and Social Rights (ANESC) is intended for academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text comprises contributions from a diverse group of experts, bringing together senior and young scholars from various countries and legal traditions, expertise in social and economic rights, coupled with a commitment to enhancing the European system for regulating these rights.
The commentary consists of 106 chapters, organised into eight volumes on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights. Other chapters delve into the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 4 encompasses Articles 20 to 31, which enshrine several rights of workers, of the elderly, the right to housing, as well as the right to protection against poverty and social exclusion. In this commentary, these provisions are tackled not only through doctrinal lenses, but also taking into account the jurisprudence of the European Committee of Social Rights and other international standards.
The commentary consists of 106 chapters, organised into eight volumes on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights. Other chapters delve into the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 4 encompasses Articles 20 to 31, which enshrine several rights of workers, of the elderly, the right to housing, as well as the right to protection against poverty and social exclusion. In this commentary, these provisions are tackled not only through doctrinal lenses, but also taking into account the jurisprudence of the European Committee of Social Rights and other international standards.
Volume 4 (Articles 20-31)
This authoritative commentary prepared by scholars from the Academic Network on the European Social Charter and Social Rights (ANESC) is intended for academic researchers studying social and economic rights in Europe and legal practitioners, civil society organisations, trade unions and state representatives engaging with the procedures of the European Committee of Social Rights. The text comprises contributions from a diverse group of experts, bringing together senior and young scholars from various countries and legal traditions, expertise in social and economic rights, coupled with a commitment to enhancing the European system for regulating these rights.
The commentary consists of 106 chapters, organised into eight volumes on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights. Other chapters delve into the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 4 encompasses Articles 20 to 31, which enshrine several rights of workers, of the elderly, the right to housing, as well as the right to protection against poverty and social exclusion. In this commentary, these provisions are tackled not only through doctrinal lenses, but also taking into account the jurisprudence of the European Committee of Social Rights and other international standards.
The commentary consists of 106 chapters, organised into eight volumes on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights. Other chapters delve into the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 4 encompasses Articles 20 to 31, which enshrine several rights of workers, of the elderly, the right to housing, as well as the right to protection against poverty and social exclusion. In this commentary, these provisions are tackled not only through doctrinal lenses, but also taking into account the jurisprudence of the European Committee of Social Rights and other international standards.
The Theoretical Contribution of Federalism to the Explanation of Emergent Models for the Accommodation of Diversity
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may help us better understand phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
The Theoretical Contribution of Federalism to the Explanation of Emergent Models for the Accommodation of Diversity
The volume offers new and unexplored perspectives on federalism and its relationships with diversity accommodation. It represents the first structured attempt to use federal theory and practice to frame several phenomena of governance in the area of diversity management. Federalism is here tested as a theoretical and practical tool that may help us better understand phenomena such as non-territorial autonomy, participatory democracy and legal pluralism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
This volume unveils the theoretical potential of federalism in explaining complex pluralist legal systems: This theoretical function may be the 21st century dimension of federalism.
Centenary of the First Judgment of the Permanent Court of International Justice
The book addresses the impact of the first judgment of the 'World Court' on the development of international law and its continuing relevance. The contributions to this book discuss the legal issues decided by the PCIJ in the Wimbledon case. In the Wimbledon judgment, the Court referred to the problems that are still important both for procedural and substantive international law, and which attract the attention of states, courts and the academia today. These include: state sovereignty, sources of international law, interpretation of legal rights and obligations following from treaties and custom, ‘objective regimes’, ‘self-contained regimes’, neutrality in armed conflicts, the status of international waterways, as well as the issues of jurisdiction such as third-party participation in international adjudication, or locus standi for the protection of community interests.
Centenary of the First Judgment of the Permanent Court of International Justice
The book addresses the impact of the first judgment of the 'World Court' on the development of international law and its continuing relevance. The contributions to this book discuss the legal issues decided by the PCIJ in the Wimbledon case. In the Wimbledon judgment, the Court referred to the problems that are still important both for procedural and substantive international law, and which attract the attention of states, courts and the academia today. These include: state sovereignty, sources of international law, interpretation of legal rights and obligations following from treaties and custom, ‘objective regimes’, ‘self-contained regimes’, neutrality in armed conflicts, the status of international waterways, as well as the issues of jurisdiction such as third-party participation in international adjudication, or locus standi for the protection of community interests.
The Temporal Factor in Proceedings before International Courts and Tribunals
Editor:
Associate Editor:
Time and International Adjudication fills a gap in international legal literature in the field of international dispute settlement, by providing a wide selection of stimulating contributions by leading international lawyers and scholars, aimed at discussing the role of time in proceedings before international courts and tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The Temporal Factor in Proceedings before International Courts and Tribunals
Editor:
Time and International Adjudication fills a gap in international legal literature in the field of international dispute settlement, by providing a wide selection of stimulating contributions by leading international lawyers and scholars, aimed at discussing the role of time in proceedings before international courts and tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.