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The Twelve Years Truce (1609)

Peace, Truce, War and Law in the Low Countries at the Turn of the 17th Century

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Edited by Randall C.H. Lesaffer

The Twelve Years Truce of 9 April 1609 made a temporary end to the hostilities between Spain and the Northern Netherlands that had lasted for over four decades. The Truce signified a crucial step in the recognition of the Republic of the Northern Netherlands as a sovereign power. As the direct source of inspiration for the 1648 Peace of Munster the Truce is a crucial text in the formation of the early modern law of nations. As few other texts, it reflects the radical changes to the laws of war and peace from around 1600.
The Twelve Years Truce offers a collection of essays by leading specialists on the diplomatic and legal history of the Antwerp Truce of 1609. The first part covers the negotiation process leading up to the Truce. The second part collects essays on the consequences of the Truce on the state of war. In the third part, the consequences of the Truce for the sovereignty of the Northern and Southern Netherlands as well as it wider significance for the changing laws of war and peace of the age are scrutinised.

ASEAN and Human Trafficking

Case Studies of Cambodia, Thailand, and Vietnam

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Naparat Kranrattanasuit

Trafficking in persons is a serious crime that affects the human rights, dignity and integrity of all its victims including women, men, and children in the Association of Southeast Asia Nation (ASEAN) region. ASEAN has made efforts to fight human trafficking through inter alia the establishment of regional counter-human trafficking laws and human rights bodies to establish best norms and practices for its member countries. Nevertheless, the International Labour Organization (ILO) recently declared that there are more than 11.7 million forced labor victims in the Asia-Pacific region encompassing the biggest concentration of forced labour victims in the world.

This volume reviews the achievements and the deficiencies of ASEAN’s counter-human strategies at the national and regional level. It offers suggestions for the reform of ASEAN's anti-trafficking laws and for the creation of a regional anti-trafficking human rights body specialized in preventing human trafficking, promoting equal protection of all trafficking victims, and prosecuting human traffickers.

EU Management of Global Emergencies

Legal Framework for Combating Threats and Crises

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Edited by Inge Govaere and Sara Poli

EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises provides a thorough analysis of the role played by the European Union (EU) in combating some of the global emergencies that currently affect, or are likely to affect, our planet. In particular, the potential of a “regional” model for coping with such emergencies is examined, taking into account the perceived inefficacy of traditional prevention and reaction mechanisms provided both by individual States and international organisations. The expression “global emergencies” refers to all situations, irrespective of the subject matter involved, which are characterised by an unexpected state of crisis which affects one or more regions of the world and call for an urgent and coordinated response from competent bodies and institutions.

Furthermore, the book tests the role of the EU in managing global emergencies with respect to four broad areas: the economic and financial crises, the protection of the environment, terrorism and humanitarian aid, while maintaining focus on the legal framework within which the EU deals with such global emergencies in the light of the innovations brought about by the Lisbon Treaty.

With contributions by leading experts in each of the identified set of challenges, EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises aims at increasing the understanding of : (a) the contribution of regional organizations such as the EU to the management of global emergencies; (b) the effectiveness of the EU external action and the actual involvement of the EU in global cooperation processes against global emergencies; (c) global standards of human rights protection in relation to measures adopted in crises; and (d) the coordination mechanisms between the EU and other international organisations with a global or regional membership, in the management of global emergencies.

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Edited by Council of Europe/Conseil de l'Europe

The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world’s oldest binding international human rights treaty.
It reviews the implementation of the Convention both by the European Court of Human Rights and by the Council of Europe’s Committee of Ministers, responsible for supervising the application of the Court’s judgments in the member states.

Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 of the Convention. This work has benefiited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.

The External Dimension of the EU’s Migration Policy

Different Legal Positions of Third-Country Nationals in the EU: A Comparative Perspective

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Katharina Eisele

In recent years the EU has been active in developing a common European immigration policy in cooperation with third countries and in building an “external dimension” of such an EU policy. The linkages between the EU’s external relations and migration policies have influenced the distinct legal positions of third-country nationals (non-EU nationals). This book critically discusses whether the EU’s objective of creating a common EU migration policy can be achieved against the backdrop of a highly fragmented EU framework for migration law and policy, and it argues that it is difficult to speak of one single, unitary group of third-country nationals forming the counterpart to EU citizens.

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Edited by Elspeth Guild, Cristina Gortázar Rotaeche and Dora Kostakopoulou

This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.

Deserving Citizenship

Citizenship Tests in Germany, the Netherlands and the United Kingdom

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Ricky van Oers

In the past decade, Germany, the Netherlands and the United Kingdom have formalised or introduced language and knowledge of society tests for immigrants applying for citizenship. The aim of this book is to assess the explicit and hidden goals these citizenship tests are meant to achieve, as well as to analyse their intended and unintended effects. The book answers the questions of why the countries under consideration introduced citizenship tests and what effects these tests have produced. The latter question has been answered on the basis of an analysis of relevant statistics and an analysis of interviews with immigrants and stakeholders. Furthermore, the content of the tests presented to (possible) future citizens of Germany, the Netherlands and the UK has been thoroughly analysed.

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Kristīne Krūma

In EU Citizenship, Nationality and Migrant Status: An Ongoing Challenge, Kristīne Krūma offers an account of the regulation of nationality at international, EU and national (Latvian) levels. Growing global migration and multiple individual loyalties lead to a fusion of national identities traditionally preserved by the EU Member States.
Dismantling national borders and granting directly effective rights to EU citizens broadens our understanding about belonging only to the limited territory of a single State. The primary focus is the status of the EU citizenship, which has become a meaningful status capable of satisfying claims by citizens. The Latvian example shows that migrant status cannot be ignored because of the crucial role of migrants in the future construct of the EU.

Edited by Giuseppe Palmisano

The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal
Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.

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Urszula Jaremba

National Judges as EU law Judges: The Polish Civil Law System by Urszula Jaremba aims at filling a research gap in one of the key areas of EU law concerning its enforcement at the national level and the phenomenon of judicial behaviour. More precisely, it examines the way civil judges in Poland function as EU law judges, and the practical problems they encounter while striving to actualise this constitutive role. However, the book goes beyond the formal law scenario, and investigates how Polish civil judges establish their own understanding of EU law and the new requirements it has imposed upon them. To this end, the study employs an empirical − that is to say quantitative and qualitative − methodology and theory to result in a socio-legal study that combines legal and empirical insights into the way national judges function in the context of EU law.