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A Challenging Relationship
What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.
A Challenging Relationship
What makes the relationship between Switzerland and the EU so challenging? For both parties, mutual relations are of crucial importance, not least economically. As a result of the Swiss voters’ rejection of the European Economic Area 30 years ago, there is at present a large number of agreements agreements that provide for Switzerland's partial participation in the EU's internal market as well as other matters. At the same time, there has now for more than a decade been an increasing degree of institutional and legal uncertainty. The present volume offers an inventory of different sides of this special relationship, which is interesting also in a comparative context.
The Significance of ELSPI Perspectives
This edited collection examines the ethical, legal, social and policy implications of genome editing technologies. Moreover, it offers a broad spectrum of timely legal analysis related to bringing genome editing to the market and making it available to patients, including addressing genome editing technology regulation through procedures for regulatory approval, patent law and competition law.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
The Significance of ELSPI Perspectives
This edited collection examines the ethical, legal, social and policy implications of genome editing technologies. Moreover, it offers a broad spectrum of timely legal analysis related to bringing genome editing to the market and making it available to patients, including addressing genome editing technology regulation through procedures for regulatory approval, patent law and competition law.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
In twelve chapters, this volume offers persuasive arguments for justifying transformative regulatory interventions regarding human genome editing, as well as the various legal venues for introducing necessary or desirable changes needed to create an environment for realizing the potential of genome editing technology for the benefit of patients and society.
Volume 2, Preamble, Part I and Part II (Articles 1 to 10)
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at 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 is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
Volume 2, Preamble, Part I and Part II (Articles 1 to 10)
This authoritative commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed at 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 is composed of contributions from a large number of experts, bringing together senior and young scholars across different countries and legal traditions with expertise in social and economic rights and a commitment to enhancing the European system for regulating these rights.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
The commentary offers 106 chapters, organised into eight volumes, some of which are focused on the substantive obligations of State Parties to the European Social Charter and the practice of the European Committee of Social Rights and others on the procedures that state representatives, international bodies and applicants must follow to engage with the Charter system.
Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10.
Volume 7 (2022), Published under the auspices of Queen Mary University of London and EFILA
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
Volume 7 (2022), Published under the auspices of Queen Mary University of London and EFILA
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
Shaping Subnational Policies in the Transport, Energy, and Spatial Planning Sectors
How can subnational governments best integrate climate change considerations across policy areas? Which factors contribute to successful integration?
With a specific focus on transport, spatial planning policies, and energy and water in selected cases located at the border of the Alpine region between Italy and Austria, this volume shows that coordination (vertical and horizontal), public participation and information, leadership, and dedicated funding play fundamental and interlinked roles in climate change policy integration.
With a specific focus on transport, spatial planning policies, and energy and water in selected cases located at the border of the Alpine region between Italy and Austria, this volume shows that coordination (vertical and horizontal), public participation and information, leadership, and dedicated funding play fundamental and interlinked roles in climate change policy integration.
Shaping Subnational Policies in the Transport, Energy, and Spatial Planning Sectors
How can subnational governments best integrate climate change considerations across policy areas? Which factors contribute to successful integration?
With a specific focus on transport, spatial planning policies, and energy and water in selected cases located at the border of the Alpine region between Italy and Austria, this volume shows that coordination (vertical and horizontal), public participation and information, leadership, and dedicated funding play fundamental and interlinked roles in climate change policy integration.
With a specific focus on transport, spatial planning policies, and energy and water in selected cases located at the border of the Alpine region between Italy and Austria, this volume shows that coordination (vertical and horizontal), public participation and information, leadership, and dedicated funding play fundamental and interlinked roles in climate change policy integration.
Rule of Law Guardian for the Public Health Derogation
In an era of Covid 19, The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, The Court of Justice of the European Union argues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Rule of Law Guardian for the Public Health Derogation
In an era of Covid 19, The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU’s rule of law in a public health emergency. Drawing on an extensive literature review, The Court of Justice of the European Union argues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU’s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
Pathways to Legal Protection
Children and the Environment offers a unique perspective on the legal protection of children from environmental degradation, a global topic of increasing significance. An original in recent literature, the book calls for viewing children as central in environmental decision-making and presents law and policy proposals, based on current international and regional trends, on topics such as human rights, climate change and the protection from toxics. Drawn from the author’s extensive research and practical experience, it will appeal to policy makers, academics, youth activists, and all involved in giving children a healthier and more sustainable environment.
Pathways to Legal Protection
Children and the Environment offers a unique perspective on the legal protection of children from environmental degradation, a global topic of increasing significance. An original in recent literature, the book calls for viewing children as central in environmental decision-making and presents law and policy proposals, based on current international and regional trends, on topics such as human rights, climate change and the protection from toxics. Drawn from the author’s extensive research and practical experience, it will appeal to policy makers, academics, youth activists, and all involved in giving children a healthier and more sustainable environment.
Focusing on Direct Applicability
This book analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues that international law is presumed to be directly applicable, that the criteria for direct applicability are grounds to exclude rather than establish direct applicability, and that the positive intent of the parties should not be a criterion. It contends that direct applicability is a question of domestic law and that domestic legal force is a prerequisite for direct applicability. It also advocates a relative approach.
Focusing on Direct Applicability
This book analyses the domestic application of international law, with a particular focus on the concept of direct applicability. It critically examines the relevant doctrine and practice and proposes a new analytical framework. It argues that international law is presumed to be directly applicable, that the criteria for direct applicability are grounds to exclude rather than establish direct applicability, and that the positive intent of the parties should not be a criterion. It contends that direct applicability is a question of domestic law and that domestic legal force is a prerequisite for direct applicability. It also advocates a relative approach.
The Case of Information Systems
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
The Case of Information Systems
In this book, Niovi Vavoula examines the privacy challenges raised by the establishment, operation and reconfiguration of EU-wide information systems that store personal data, including biometrics, of different categories of third-country nationals that may be used for various immigration related and law enforcement purposes. The monograph analyses both the currently operational databases – Schengen Information System (SIS), Visa Information System (VIS) and Eurodac – and forthcoming systems – Entry/Exit System (EES), European Travel Information and Authorisation Systems (ETIAS) and European Criminal Record Information System for Third-Country Nationals (ECRIS-TCN) – as well as their future interoperability. To assess the compatibility of legal instruments governing information systems and their interoperability with the right to respect for private life, the author calls for the centrality of privacy as the appropriate lens through which instruments involving the processing of personal data should be viewed and offers a typology of privacy standards based on relevant case law by the Strasbourg and Luxemburg Courts.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
"This is a ground-breaking book, the first comprehensive analysis of the growing interrelationship between immigration law and privacy law. The book is essential reading for academics, policy makers and legal practitioners working in these fields, and will lead in informing the debate on the relationship between security and human rights in Europe. Rigorous and ambitious, the book will become a reference point in the field."
Professor Valsamis Mitsilegas, Professor of Criminal Law and Global Security, Queen Mary and Westfield School of Law, London.
The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.