The Right to Secondary Industrial Action Under the ECHR and International Human Rights Law
In: (2014) 1 Journal of International and Comparative Law, Forthcoming
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In: (2014) 1 Journal of International and Comparative Law, Forthcoming
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In: Nordic Journal of International Law, 77 (2008) 461-508
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This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.
In: Tort and Insurance Law Yearbook 2006
In: Tort and Insurance Law Yearbook 2004
In: The Australian feminist law journal, Band 49, Heft 1, S. 99-121
ISSN: 2204-0064
In: Implementation of International Human Rights in Pakistan: Finding a Balance between Western Conceptions and Islamic Law, Manchester Journal of Transnational Islamic Law & Practice Volume 17 Issue 1 2021
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The process of commodification of democratic citizenship through the current proliferation of \textquotedblleftinvestment citizenship\textquotedblright (IC) programs, i.e. the various state-led programs that offer the acquisition of domestic citizenship through financial contribution only, needs to be addressed urgently, and, so the chapter argues, through stronger democracy-oriented interpretations of international nationality law (INL). Unlike other arguments against IC advanced in political theory, the present chapter argues from within the legal practice itself: it proposes its normative critique as the best interpretation of nationality law. In contrast to other existing legal critiques of IC, however, it does not focus on domestic or European Union law, but on international law: it develops a new interpretation of INL that excludes granting nationality on monetary grounds only. In short, the chapter argues that contemporary INL is best interpreted in the light of the international principle of democracy (the IPD), and the customary international law principle of individual equality, as a form of international pre-commitment of democratic citizenship. What this means is that the factual conditions for the justification of democracy need to be protected not only under the IPD, but also under INL. In turn, this implies that the conditions of naturalization encompass the sharing of equal and interdependent stakes, both positively so as to include those who share such stakes and negatively so as not to include those who do not. The matching of those conditions under the IPD and INL explains in turn how the genuine-connection test in Nottebohm is best interpreted, under contemporary circumstances, as a test for the sharing of equal and interdependent stakes. The consequence, the chapter argues, is not only the lack of opposability, but also of validity of IC under INL.
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In: Oñati Socio-Legal Series, Band 6, Heft 3
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In: American journal of international law, Band 99, Heft 2, S. 507-514
ISSN: 0002-9300
In: European journal of international law, Band 25, Heft 2, S. 553-559
ISSN: 1464-3596
In: American journal of international law: AJIL, Band 42, Heft 1, S. 42-65
ISSN: 2161-7953
The international frontier is formed by the zones where Great Power interests come together in conflict. It is the main line of structural weakness in the earth's political crust—the main fissure where wars break through. The powers are constantly at workon the frontier trying to patch up the peace by international arrangements of various kinds.
"Using case studies ranging from cross-border bank resolution to sovereign debt, the author analyzes the role of international law in protecting financial sovereignty, and the risks for the global financial system posed by the lack of international cooperation. Despite the post-crisis reforms, the global financial system is still mainly based on a logic of financial nationalism. International financial law plays a major role in this regard as it still focuses more on the protection of national interests rather than the promotion of global objectives. This is an inefficient approach because it encourages bad domestic governance and reduces capital mobility. In this analysis, Lupo-Pasini discusses some of the alternatives (such as the European Banking Union, Regulatory Passports, and international financial courts), and offers a new vision for the role of international law in maintaining and fostering global financial stability. In doing so, he fills a void in the law and economics literature, and puts forward a solution to tackle the problems of international cooperation in finance based on the use of international law"--
In: Nijhoff law specials 86
This book has emerged out of the author's experience as Director of an innovative peacemaking, peacekeeping and humanitarian initiative, the International Conference on the Former Yugoslavia, between 1992 and 1996. What was striking about this conference was the experiment of two full-time Co-Chairmen, one from the United Nations and one from the European Union, who laboured tirelessly for peace in different parts of the former Yugoslavia for three and a half years. The strategies and organization of the conference had to be pieced together from the start by the Co-Chairmen and their colleague