Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.
Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to protect people against sexual orientation and gender identity discrimination. This volume is an essential guide for researchers seeking to acquaint themselves quickly with a comparative view of cutting-edge issues concerning sexual orientation and gender identity rights.
Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks,
Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses,
Mpoki Mwakagali; isbn 9789004345461
- Comparative Discrimination Law; Age as a Protected Ground,
Lucy Vickers; isbn 9789004345539
International law and the Hague, the city where so many institutions of international law are established, are intimately connected. This book presents the views developed by some of the active players in the legal capital of the world on a number of the current challenges faced by international law. The starting point was a seminar held in the Peace Palace, reviewing some of the legal policy questions of today, such as the acceptance of the jurisdiction of the ICJ as a prerequisite to dispute settlement. Supplementing these articles on classical international law are essays dealing with the younger discipline of international criminal law, as practiced by the ICC and other Tribunals, offering ideas on, among other things. how to speed up the lengthy procedures of international criminal tribunals. Other contributions debate the universality of human rights and their legal protection.
Minority Governance in and beyond Europe offers a review of contemporary developments in minority relations. The publication addresses normative and institutional developments in a pan-European context. It tackles the theoretical and practical implications of power-sharing; the dichotomy of ‘old’ and ‘new’ minorities; human rights violations; public institutions for minority protection and abating discrimination; theoretical reflections on minority activism; political participation of minorities; justifications of minority protection; the evolution of language rights, and minorities in relation to EU law. It offers a lens that provides the reader with a clearer understanding about academic thinking and indicates where political will is needed to advance the minority rights protection regime in the future. Compiled to celebrate the 10th anniversary of the European Yearbook of Minority Issues, and offering a selection of the most important articles published in the Yearbook, this collection will be of great interest to scholars, students and policy-makers engaging in minority-related activities and interested in multiethnicity and cultural pluralism in Europe
For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book,
Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent’s democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.
This book, by the author of The American Common Law Method, is an excellent source of continuing judicial education for judges at all levels as well as an accessible teaching tool for the classroom. An opening section explains the basic principles of common law methods for creating and applying case law. Advanced Case Law Method then examines the methods used by appellate courts in four states to create case lines on distinct topics. After each case in each line, the author poses several questions concerning the court's performance as a creator and user of case law.
For instance, one chapter traces the "at will" employment doctrine as developed by the New York Court of Appeals and subsequent efforts to create public policy exceptions to the rule. Another looks at the struggle of the appellate courts of Pennsylvania to limit the "intentional infliction of emotional distress" tort doctrine. The New Hampshire group of cases goes back to the mid-18th century and examines railroad liability issues, culminating in the 21st century with duties imposed on internet information providers when the buyer of information causes harm to the seller. The Texas cases treat the "spoliation" doctrine which penalizes a party responsible for causing key evidence to disappear.
Following the questions raised by the examined cases, Advanced Case Law Methods includes the suggested responses. The text is then supplemented by a section intended to make the questions and suggested responses a springboard for discussion at seminars, conferences and even classrooms. Judges, therefore, won't have to worry about "doing homework" and getting wrong answers.
Published under the Transnational Publishers imprint.