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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.
The Baltic Yearbook of International Law is published under the auspices of the Baltic Editorial Board within the framework of cooperation between the Riga Graduate School of Law and Brill/Nijhoff Publishers. The Yearbook aims to bring to the international debate issues of importance in the Baltic States, providing a forum for views on topical international law themes from Baltic and international scholars. The first volume appeared in 2001 with a symposium on the question of the international legal status of the Baltic States.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania and thus serves as an important source of international law unavailable elsewhere.
From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 22 starts with a symposium, based on the European Society of International Law’s "Regional Developments of International Law in Eastern Europe and Post-Soviet Eurasia" research forum, which was held on 27-28 April 2023 at the University of Tartu, Estonia. The general articles section in this volume is a case study of Latvia’s response to the migration crisis on the Latvia-Belarus border.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania and thus serves as an important source of international law unavailable elsewhere.
From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 22 starts with a symposium, based on the European Society of International Law’s "Regional Developments of International Law in Eastern Europe and Post-Soviet Eurasia" research forum, which was held on 27-28 April 2023 at the University of Tartu, Estonia. The general articles section in this volume is a case study of Latvia’s response to the migration crisis on the Latvia-Belarus border.
The Baltic Yearbook of International Law is published under the auspices of the Baltic Editorial Board within the framework of cooperation between the Riga Graduate School of Law and Brill/Nijhoff Publishers. The Yearbook aims to bring to the international debate issues of importance in the Baltic States, providing a forum for views on topical international law themes from Baltic and international scholars. The first volume appeared in 2001 with a symposium on the question of the international legal status of the Baltic States.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania and thus serves as an important source of international law unavailable elsewhere.
From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 22 starts with a symposium, based on the European Society of International Law’s "Regional Developments of International Law in Eastern Europe and Post-Soviet Eurasia" research forum, which was held on 27-28 April 2023 at the University of Tartu, Estonia. The general articles section in this volume is a case study of Latvia’s response to the migration crisis on the Latvia-Belarus border.
The Yearbook contains state practice reports from Estonia, Latvia and Lithuania and thus serves as an important source of international law unavailable elsewhere.
From time to time the Yearbook offers articles discussing the history of international law and current issues in Eastern Europe and the Russian Federation, thus making regional discourse more accessible to a wider global audience.
Volume 22 starts with a symposium, based on the European Society of International Law’s "Regional Developments of International Law in Eastern Europe and Post-Soviet Eurasia" research forum, which was held on 27-28 April 2023 at the University of Tartu, Estonia. The general articles section in this volume is a case study of Latvia’s response to the migration crisis on the Latvia-Belarus border.
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.
Volume XXXIII of The Italian Yearbook of International Law opens with a memoir of Francesco Francioni, General Editor of the IYIL from Vol. IX to Vol. XXIV, who passed away in February 2024. Next, it features a monographic section on current issues of international environmental and climate law, which includes contributions on: i) the problem of causation in climate change litigation; ii) the protection of persons affected by sea-level rise; iii) the resort to advisory opinions as a strategy to strengthen the implementation of international environmental law; iv) environmental protection in armed conflict; v) the 2023 Agreement on Marine Biodiversity of Areas beyond National Jurisdiction; vi) the legality of States’ climate change action under WTO and investment law; vii) environmental rights of children and future generations; viii) reparation for environmental damage. There follows a symposium on the scientific legacy of Benedetto Conforti, having particular regard to i) the intersection of customary international law and general principles of law; ii) the law of the sea; iii) the application of international law by domestic courts; iv) the prohibition of the use of force. The Volume further contains timely contributions on the recent judgments by the Italian Constitutional Court on the Nazi Crimes Reparations Fund and the case of Giulio Regeni; the resort to restorative justice as a tool to address violence against women in the Italian legal order; the recent Italian practice on migration; the agreement between Italy and Croatia on the delimitation of their EEZs. As in every volume the following sections, each containing a wealth of scholarly contributions and reference materials, are included: Practice of International Courts and Tribunals and Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian international law scholarship published in 2023, a book review section, and an analytical index. Published with the contribution of ENI.
Volume XXXIII of The Italian Yearbook of International Law opens with a memoir of Francesco Francioni, General Editor of the IYIL from Vol. IX to Vol. XXIV, who passed away in February 2024. Next, it features a monographic section on current issues of international environmental and climate law, which includes contributions on: i) the problem of causation in climate change litigation; ii) the protection of persons affected by sea-level rise; iii) the resort to advisory opinions as a strategy to strengthen the implementation of international environmental law; iv) environmental protection in armed conflict; v) the 2023 Agreement on Marine Biodiversity of Areas beyond National Jurisdiction; vi) the legality of States’ climate change action under WTO and investment law; vii) environmental rights of children and future generations; viii) reparation for environmental damage. There follows a symposium on the scientific legacy of Benedetto Conforti, having particular regard to i) the intersection of customary international law and general principles of law; ii) the law of the sea; iii) the application of international law by domestic courts; iv) the prohibition of the use of force. The Volume further contains timely contributions on the recent judgments by the Italian Constitutional Court on the Nazi Crimes Reparations Fund and the case of Giulio Regeni; the resort to restorative justice as a tool to address violence against women in the Italian legal order; the recent Italian practice on migration; the agreement between Italy and Croatia on the delimitation of their EEZs. As in every volume the following sections, each containing a wealth of scholarly contributions and reference materials, are included: Practice of International Courts and Tribunals and Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian international law scholarship published in 2023, a book review section, and an analytical index. Published with the contribution of ENI.
Editor:
This volume contains the texts of written pleadings, minutes of public sittings and other documents from the proceedings concerning the Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law (Request for Advisory Opinion submitted to the Tribunal). The documents are reproduced in their original language.
The Advisory Opinion of 21 May 2024 is published in the ITLOS Reports 2024.
Le présent volume reproduit les pièces de la procédure écrite, les procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure concernant la Demande d’avis consultatif soumise par la Commission des petits États insulaires sur le changement climatique et le droit international (Demande d’avis consultatif soumise au Tribunal). Les documents sont publiés dans la langue originale utilisée.
L’avis consultatif du 21 mai 2024 est publié dans le TIDM Recueil 2024.
Includes ISBN's Vol 1: 978-90-04-71395-6; Vol 2: 978-90-04-71396-3; Vol 3: 978-90-04-71397-0
The Advisory Opinion of 21 May 2024 is published in the ITLOS Reports 2024.
Le présent volume reproduit les pièces de la procédure écrite, les procès-verbaux des audiences publiques et d’autres documents relatifs à la procédure concernant la Demande d’avis consultatif soumise par la Commission des petits États insulaires sur le changement climatique et le droit international (Demande d’avis consultatif soumise au Tribunal). Les documents sont publiés dans la langue originale utilisée.
L’avis consultatif du 21 mai 2024 est publié dans le TIDM Recueil 2024.
Includes ISBN's Vol 1: 978-90-04-71395-6; Vol 2: 978-90-04-71396-3; Vol 3: 978-90-04-71397-0
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.