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Faucher L: Du droit au travail

Du droit au travail

Une critique du socialisme et une défense de la liberté du travail par Léon Faucher, économiste français du 19ème siècle

How should the Arctic be viewed in the 21st century? In this book, a leading commentator assesses the competing players for the Arctic, looking at broad questions of governance and security. The author challenges the view that the Arctic is a passive space which is the focus of competitive advances from superpowers, arguing that it is more correctly understood as a dynamic pluriverse. Drawing on international law, international relations and diplomacy, this is an important re-assessment of the Arctic and its position in geo-politics.

Geopolitics and the High North

The Arctic Großraum

Hart Studies in Commercial and Financial Law

This book uncovers and reconstructs the growing body of legal principles and rules governing mortgages that have been developed by different transnational institutions and actors. It shows how mortgages have evolved from a type of real security commonly used to facilitate lending by mitigating credit risk, to a transferable commodity with the potential to affect international financial stability and consumer welfare. In doing so, the book reveals the emergence of new policy objectives and rationales for regulation that have led to changes in the structure and functions of mortgage laws. Characterising this development as a type of transnational law, the book highlights the paradigm shifts in the law of residential mortgages brought about by their increasing global relevance. The analysis reveals tensions between the goals of risk mitigation, financial stability, consumer protection and housing justice. The result is an innovative analysis at the intersection of contract law, property law and international financial regulation. The book portrays transnational mortgage law as a complex field governed by a plurality of socially and economically relevant but potentially conflicting goals and principles.

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

Modern Studies in European Law

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Mercatus Studies in Political and Social Economy

“In Disrupting Order, authors Nona and Virgil Storr provide a compelling reassessment of the significance of the Burma Road Riot.… Beyond a solid theoretical intervention, the authors are to be commended for the depth of archival and ethnographic research that makes this study an excellent contribution to Bahamian social-political history and larger studies on public disturbances.”—Christopher Curry, author of&nbsp;Freedom and Resistance
"This book provides a fascinating account of the 1942 riot that occurred in the Bahamas.”—Matthew Moran, author of&nbsp;The Republic and the Riots
“It does not glorify unrest but provides a thoughtful framework to understand why such moments arise and how they shape the trajectory of a people.”—J. Kwasi Thompson, Member of Parliament for East Grand Bahama and Former Minister of State for Grand Bahama and Finance
Are riots more than just breakdowns of order? Are rioters just violently and chaotically disrupting the status quo or are they individuals acting together in a surprisingly orderly manner? In Disrupting Order,&nbsp;Nona Martin Storr and Virgil Henry Storr argue that riots are rule-governed, self-generating, emergent phenomena. Viewing riots as what they call “tensive emergent orders” offers a grammar for discussing riots that foregrounds the motivations and actions of individual rioters, the tacit rules that rioters follow, and the socio-political causes and consequences of riots. Applying this grammar to the 1942 riot that occurred in the Bahamas, Storr and Storr demonstrate how the 1942 riot was not just a momentary outburst but a watershed event in the country’s history, ushering in far-reaching socio-political changes. As we move into an era of frequent extreme protests,&nbsp;Disrupting Order&nbsp;urges us to rethink why the threatened and marginalized sometimes speak through riots and gives us a framework to assess the impact of their speaking in this way.
Nona Martin Storr&nbsp;is Senior Affiliated Scholar at the Mercatus Center at George Mason University. Her writings on riots have appeared in the Journal of Caribbean History,&nbsp;Island Studies Journal, and&nbsp;Space and Culture.
Virgil Henry Storr is Don C. Lavoie Senior Fellow in the Mercatus Center's F.A. Hayek Program for Advanced Study in Philosophy, Politics and Economics, and Professor of Economics at George Mason University. Storr’s previous books with Palgrave Macmillan include&nbsp;Do Markets Corrupt Our Morals?&nbsp;and&nbsp;Community Revival in the Wake of Disaster.

Are riots more than just breakdowns of order? Are rioters just violently and chaotically disrupting the status quo or are they individuals acting together in a&nbsp;surprisingly orderly manner? In 
 Disruptive Orders
 , 
 
 Nona Martin Storr and Virgil Henry Storr argue that riots are rule-governed, self-generating, emergent phenomena. Viewing riots as what they call “tensive emergent orders” offers a grammar for discussing riots that foregrounds the motivations and actions of individual rioters, the tacit rules that rioters follow, and the socio-political causes and consequences of riots . Applying this grammar to the 1942 riot that occurred in the Bahamas, Storr and Storr demonstrate how the 1942 riot was not just a momentary outburst but a watershed event in the country’s history, ushering in far-reaching socio-political changes. As we move into an era of frequent extreme protests, 
 Disruptive Orders 
 urges us to rethink why the threatened and marginalized sometimes speak through riots and gives us a framework to assess the impact of their speaking in this way.

Tension, Riots, and Social Change

Disrupting Order

Studies in International Law

This book examines the United Nations Security Council's authorisation of the use of force, considering the extensive body of UN Security Council resolutions across its now eighty years of existence. As one of the established exceptions to the Article 2(4) UN Charter prohibition on the use of force, UN Security Council authorisation of force remains a key focus for both States and scholars alike. Despite the apparent consequences of authorisation, authorising resolutions lack prescribed formats or mandatory content. The UN Security Council has over time, however, developed a consistent practice of prior explicit authorisation. The development of this practice is reflected in a number of essential characteristics within authorising resolutions of the UN Security Council. These include explicit determinations of a threat to international peace and security, the invocation of Chapter VII (or VIII) of the UN Charter, the use of specific authorising language, the inclusion of time or functional limits on authorisation, and the imposition of reporting obligations on those authorised to use force. The book ultimately argues that prior explicit authorisation constitutes a well-established practice, rejecting the legality and admissibility of implicit and retroactive authorisation.

Form, Character and Nature

The United Nations Security Council and the Authorisation of Force

This book argues that the pursuit of universal norms remains a worthwhile endeavour for the international legal discipline. It does this while also engaging with the very active imperialist critique of such norms. The study has 4 aims; firstly to illustrate the role that the idea and debate around norms have in developing international law, and secondly to address the philosophical concerns around identifying such norms. It moves on to explore whether a legal/practical instantiation of the universal can be done without taking a particular position/perspective. And finally, it turns to the impact the universal has on the development of international human rights law. Public international law, human rights and legal philosophy scholars will welcome this original theoretical-philosophical perspective on an enduring debate in the field of international law.

International Law and the Pursuit of Universal Norms

This book examines international humanitarian law (IHL) in Africa. Taking a dual approach it looks initially at the African context before exploring contemporary armed conflicts. The first part addresses the marginalization of IHL in Africa, by theorizing the reasons for it and identifying clear strategies for enhancing IHL within the continent's armed conflict debates. The second part examines the core challenges posed by contemporary armed conflict. Two case studies underpin this: the Boko Haram insurgency in West Africa and armed conflict in South Sudan. This thought-provoking work addresses the dearth of literature presenting African stakeholders' expertise on IHL in the region.

International Law and the Regulation of Armed Conflict in Africa

A Commentary

The European Convention on Human Rights

Constitutional Lessons for the EU

Building a Successful Fiscal Federation

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Studies in Private International Law

This groundbreaking book offers an in-depth exploration of the complex and evolving landscape of the recognition and enforcement of foreign judgments across Africa. Covering more than 26 jurisdictions, it spans a remarkable diversity of linguistic traditions (including English, French, Arabic, and Portuguese), religious contexts (such as Christian-majority and Muslim-majority countries), and legal systems (ranging from common law and civil law to mixed jurisdictions). As the first comprehensive study of its kind, the book examines national procedures, legal regimes, and institutional frameworks, combining theoretical insights with practical analysis. It sheds light on the multifaceted challenges that arise in cross-border civil and commercial litigation and reflects on the prospects for legal harmonization and reform within the continent. Drawing on the most up-to-date case law and legislative developments, both domestic and regional, the book offers a unique and timely contribution to understanding the mechanisms-current and emerging-that govern the movement of judgments across African borders. A practical guide and indispensable reference for practitioners, academics, judges, students, and policy makers alike, this invaluable book provides a comprehensive overview of the current state of foreign judgments recognition and enforcement in Africa, with all its intricacies and complexities.

Recognition and Enforcement of Foreign Judgments in Africa

Du droit au travail

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