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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.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and international relations.
Discretionary implementation and street-level bureaucracy
Author:
How much discretion do bureaucrats have when deciding who gets refugee status? Where does the boundary between law and practice lie when it comes to asylum in the European Union? In this book, you will find answers to these questions in an exploration of the decision-making context in which policy implementors conduct their work and turn policies into practice. Drawing from the insights of street-level bureaucracy and role-conflict theory, a better understanding is given of how decisions are made by policy implementers in situations of incomplete information or ambiguous policy vision and guidance.
Discretionary implementation and street-level bureaucracy
Author:
How much discretion do bureaucrats have when deciding who gets refugee status? Where does the boundary between law and practice lie when it comes to asylum in the European Union? In this book, you will find answers to these questions in an exploration of the decision-making context in which policy implementors conduct their work and turn policies into practice. Drawing from the insights of street-level bureaucracy and role-conflict theory, a better understanding is given of how decisions are made by policy implementers in situations of incomplete information or ambiguous policy vision and guidance.
A Legal Obligation
Author:
While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
A Legal Obligation
Author:
While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
The South Caucasus Disputes between Self-Determination, Territorial Integrity, and the Quest for a European Engagement Policy
Author:
This book examines secessionist entities that arose during and after the dissolution process of the USSR and considers them as legal subjects in their own right. By employing a novel and more innovative approach, the agency of these subjects, otherwise often ignored or disregarded, is taken into account. Drawing on the cases of the South Caucasus, the author suggests going beyond the binary concept of statehood and traditional notions of sovereignty. He advocates embracing an inclusive reading of international law, which enables to foster creative ambiguity vis-à-vis these entities as means of conflict transformation.
The South Caucasus Disputes between Self-Determination, Territorial Integrity, and the Quest for a European Engagement Policy
Author:
This book examines secessionist entities that arose during and after the dissolution process of the USSR and considers them as legal subjects in their own right. By employing a novel and more innovative approach, the agency of these subjects, otherwise often ignored or disregarded, is taken into account. Drawing on the cases of the South Caucasus, the author suggests going beyond the binary concept of statehood and traditional notions of sovereignty. He advocates embracing an inclusive reading of international law, which enables to foster creative ambiguity vis-à-vis these entities as means of conflict transformation.
Challenges and Reflections from the Perspective of the African Charter on the Rights and Welfare of the Child
September 2024 marks 100 years since the first internationally recognised reference to children’s rights was drafted. The then League of Nations adopted the Geneva Declaration of the Rights of the Child in September 1924. The Declaration articulates that everyone owes children the right to: means for their development; special help in times of need; priority for relief; economic freedom and protection from exploitation; and an upbringing that instils social consciousness and duty.
At the African regional level, the African Children’s Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Children’s Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting children’s social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary children’s socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of children’s socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
At the African regional level, the African Children’s Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Children’s Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting children’s social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary children’s socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of children’s socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
Challenges and Reflections from the Perspective of the African Charter on the Rights and Welfare of the Child
September 2024 marks 100 years since the first internationally recognised reference to children’s rights was drafted. The then League of Nations adopted the Geneva Declaration of the Rights of the Child in September 1924. The Declaration articulates that everyone owes children the right to: means for their development; special help in times of need; priority for relief; economic freedom and protection from exploitation; and an upbringing that instils social consciousness and duty.
At the African regional level, the African Children’s Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Children’s Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting children’s social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary children’s socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of children’s socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
At the African regional level, the African Children’s Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Children’s Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting children’s social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary children’s socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of children’s socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
Author:
Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
Author:
Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.
Editor:
The ITLOS Yearbook 2023 provides information on the composition and organization of the Tribunal and reports on its judicial activities in 2023, in particular concerning Cases Nos. 28 and 31. The Yearbook is prepared by the Registry of the Tribunal.
Le TIDM Annuaire 2023 fournit des informations sur la composition et l’organisation du Tribunal et rend compte des activités judiciaires de celui-ci au cours de l’année 2023, en particulier en ce qui concerne les affaires Nos. 28 et 31. L’Annuaire est préparé par le Greffe du Tribunal.
Le TIDM Annuaire 2023 fournit des informations sur la composition et l’organisation du Tribunal et rend compte des activités judiciaires de celui-ci au cours de l’année 2023, en particulier en ce qui concerne les affaires Nos. 28 et 31. L’Annuaire est préparé par le Greffe du Tribunal.
Editor:
The ITLOS Yearbook 2023 provides information on the composition and organization of the Tribunal and reports on its judicial activities in 2023, in particular concerning Cases Nos. 28 and 31. The Yearbook is prepared by the Registry of the Tribunal.
Le TIDM Annuaire 2023 fournit des informations sur la composition et l’organisation du Tribunal et rend compte des activités judiciaires de celui-ci au cours de l’année 2023, en particulier en ce qui concerne les affaires Nos. 28 et 31. L’Annuaire est préparé par le Greffe du Tribunal.
Le TIDM Annuaire 2023 fournit des informations sur la composition et l’organisation du Tribunal et rend compte des activités judiciaires de celui-ci au cours de l’année 2023, en particulier en ce qui concerne les affaires Nos. 28 et 31. L’Annuaire est préparé par le Greffe du Tribunal.