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Holning Lau

In 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
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New Challenges to International Law

A View from The Hague

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Edited by Steven van Hoogstraten

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.
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Edited by Alice Valdesalici and Francesco Palermo

Comparing Fiscal Federalism investigates intergovernmental financial relations and the current de jure and de facto allocation of financial and fiscal powers in compound states from a comparative and interdisciplinary perspective. The volume combines theoretical approaches with case studies and involves scholars from various disciplines, in order to provide a comprehensive analysis of different approaches, developments and trends. This includes outlining fiscal federalism’s basic principles and overall frameworks, investigating current constitutional/legislative settings and how financial systems function, as well as zooming in on a selection of emerging issues in financial and fiscal relations. The single chapters are based on comparative investigations under the umbrella of a broad definition of fiscal federalism that includes all varieties of federal systems.
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Giovanni Boggero

In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective. The book argues that differences between local government systems in Europe, typical examples of internal affairs of a State, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe.
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Prosecuting Human Rights Offences

Rethinking the Sword Function of Human Rights Law

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Krešimir Kamber

In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.
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Concurrent Powers in Federal Systems

Meaning, Making, Managing

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Edited by Nico Steytler

Concurrency of powers – the exercise of jurisdiction by federal governments and constituent units in the same policy areas – is a key, if not the central, mode of governance in most federal systems today. Moreover, the experience has been that federal governments dominate the concurrent space giving rise to contestation. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, edited by Professor Nico Steytler, is the first to examine from a comparative perspective this crucial issue confronting both established and emerging federations. Case studies of 16 countries on five continents dissect the various manifestations of concurrency, analyse what drives this modern governance mode, and review management strategies that seek to guard against central dominance of concurrent areas.
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European External Action Service

Promoting Coherence through Autonomy and Coordination

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Mauro Gatti

In European External Action Service, Mauro Gatti provides a legal analysis of the EU’s ‘foreign ministry’. The European External Action Service (EEAS) was created to coordinate the supranational and intergovernmental areas of EU external relations, but it is unclear whether and how it may attain this objective. Through an analysis of law and practice, Gatti demonstrates that the EEAS is capable of effectively promoting coherence in EU external relations. Although working independently from EU institutions and Member States, the EEAS can coordinate their activities at an administrative level. The EEAS is thus ideally placed to bring together EU external action instruments, including diplomatic efforts, development cooperation, and security policies.
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Law, Territory and Conflict Resolution

Law as a Problem and Law as a Solution

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Edited by Matteo Nicolini, Francesco Palermo and Enrico Milano

Prompted by the de facto secession of Crimea in early 2014, Law, Territory and Conflict Resolution explores the role of law in territorial disputes, and therefore sheds light on the legal ‘realities’ in territorial conflicts. Seventeen scholars with backgrounds in comparative constitutional law and international law critically reflect on the well-established assumption that law is ‘part of the solution’ in territorial conflicts and ask whether the law cannot equally be ‘part of the problem’. The volume examines theory, practice, legislation and jurisprudence from various case studies, thus offering further insights on the following complex issue: can law act as an effective instrument for the governance of territorial disputes and conflicts?
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Global Constitutionalism and the Path of International Law

Transformation of Law and State in the Globalized World

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Surendra R. Bhandari

In Global Constitutionalism and the Path of International Law, Surendra Bhandari succinctly offers an account of the most important growth and features of international law from the perspectives of global constitutionalism. The author examines the concept from its constitutive features and the operative standards or modus operandi. These two aspects offer a new and innovative methodology in explicating the theory of ‘global constitutionalism’. By examining three cases: international trade (WTO), human rights, and the role of Security Council, the author demonstrates how the idea of global constitutionalism is shaping and deepening the path of international law in the 21st century and elucidates the development of international law as a body of positive rules.
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Yu Gu

In Hong Kong's Legislature Under China's Sovereignty: 1998-2013 Dr Gu Yu thoroughly analyses how Hong Kong’s legislature has impacted the law-making process as well as the financial control and supervision of the executive branch of the government. The political cleavage in Hong Kong seen in recent years has affected the level of Legco’s autonomy in terms of leadership, rules, committee autonomy and control over the legislative agenda. Given the weakened autonomy of Legco and the decline of moderate forces in both the pro-Beijing and pro-democracy camps, the role of Legco as a collective actor of checks and balances against the executive branch has been weakened. This book will appeal to both academics and practitioners whose work involves the relationship between the legislature and the executive branch in the HKSAR.