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Gulati R: Access to Justice and
International Organisations

Access to Justice and International Organisations

Coordinating Jurisdiction between the National and Institutional Legal Orders

This open access book provides the first systematic study of the multiple issues relating to the investigation and prosecution of international crimes under universal jurisdiction in the EU Member States. It brings together the main findings of the UNIJUR Project, a two-year research project funded by the European Union and led by the co-editors Professor Marina Mancini (principal investigator) and Professor Raffaella Nigro (associate investigator).&nbsp;
Cutting-edge contributions delve into the complexities of universal jurisdiction investigations and prosecutions, highlight legal constraints and practical obstacles and offer comprehensive recommendations to advance accountability for international crimes through universal jurisdiction across the EU Member States.
This volume is a crucial read for scholars and students of international criminal law and EU criminal law and procedure. Bridging theoretical analysis and practical solutions, it is also an invaluable resource for EU and national policymakers, investigating and prosecuting authorities, as well as for legal practitioners with an interest in accountability for international crimes.
Marina Mancini&nbsp;is Associate Professor of International Law in the Department of Law, Economics and Human Sciences at the Mediterranean University of Reggio Calabria, Italy. Raffaella Nigro is Full Professor of International Law in the Department of Law, Economics and Sociology at the University “Magna Græcia” of Catanzaro, Italy.

Challenges and Proposals for Action

Universal Jurisdiction Over International Crimes in the European Union

The Right to Strike Reimagined

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

Why can an investor today automatically acquire rights from a treaty its home State never signed? Arbitral tribunals and scholars have assumed the answer is obvious. In this work, you will see that it is not. Drawing on nine centuries of treaty practice -- from medieval trade privileges to the ICJ and modern arbitration case law -- this book reveals that the most-favoured-nation clause granted States a right to claim, not an automatic extension of rights. That conceptual leap emerged from the litigation needs of the 1950s. If you have to interpret MFN clauses, be it for litigation or study purposes, this book changes what you think they mean.

The Historical Evolution of Mfn Clauses

Shaping Favour

This open access book brings together leading European labour law scholars to explore how workers' representatives' rights are evolving in the context of the digital transformation of work. Rooted in EU and national legal frameworks, the book examines how information and consultation (I&amp;C) rights must adapt to the challenges posed by platform work, algorithmic management, cross-border telework, and digitalisation more broadly. Structured around 4 key themes-Who is entitled to I&amp;C rights; Where these rights apply in transnational and virtual workplaces; How they are exercised in the context of AI, occupational safety, and industrial democracy; and What new rights are emerging in response to digital risks-the book offers a comprehensive and comparative analysis of labour law in the digital age. It pays particular attention to the role of workers' representatives in shaping and implementing emerging rights such as the right to disconnect. Drawing on the findings of the DIGILARE research project (EU grant 101126503), the volume provides actionable legal and policy insights for EU institutions, national lawmakers, social partners, and practitioners. It proposes reforms to strengthen democratic participation, enhance transparency in algorithmic decision-making, and safeguard workers' autonomy in increasingly fragmented and remote work environments. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

EU Legal Perspectives

Information and Consultation Rights in the Digital Workplace

Studies in International Law

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

Oxford Commentaries on International Law

A Commentary

The European Convention on Human Rights

Trading Women's Rights in Transitions is about how women's rights are traded away by diplomatic actors directly in exchange for immediate political or other settlements, and indirectly in terms of being left off the international agenda with long-term consequences.

Trading Women's Rights in Transitions

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

The edited volume on "Law and Economics of Artificial Intelligence" offers an interdisciplinary exploration of the various facets and pressing challenges of AI on different industries but also the impacts on the legal, the economic and the finance profession. It comprises of fifteen different chapters which are written by renown scholars and practitioners in law, economics and finance and thus offers a multi-dimensional contribution to the current discussions on the regulation of AI but even more on the concrete or at least expected impacts of AI on various industries and professions. Contributors are: Delia Deliu, Wolfgang Weigel, Ruth Plato-Shinar, Jon Truby, Catherine Jasserand, Nizan Packin, Warren Bowles, Gokcen Ogruk-Maz and Sinan Yildirim, Nikolaos Antonakakis, Daniela Ilieva, Stephen Ferris, But Dedaj, and Alona Klochko.

An Interdisciplinary Exploration

Law and Economics of Artificial Intelligence

This book is the first investigation of the relationship between EU digital sovereignty and sustainability strategies. It maps the ambitions and limitations of EU digital strategic autonomy and explores the structural challenges underlying its relationship with its green transition objectives in the context of the ongoing wars in neighbouring European countries and the consequent tensions in the EU energy sector. The EU is racing to achieve technological independence from third countries and foreign multinational companies to protect its digital sovereignty and preserve its fundamental rights. In the EU, digitalisation and the green transformation are seen as twin transitions. Yet, EU digital sovereignty strategies have a significant environmental cost. Reaching a status of strategic autonomy of the EU at the level of digital infrastructures, products, services and data implies higher energy consumption and exploitation of natural resources. Moreover, the geopolitical tensions following the Russian invasion of Ukraine have provoked an unprecedented energy crisis, which is affecting EU economies and impacting objectives of the twin transitions. The book offers an interdisciplinary analysis of the major EU regulatory and policy instruments in this field, providing an invaluable guide for academics, practitioners, and policymakers navigating the complex issues of preserving digital sovereignty and addressing climate change in times of war and energy crisis.

EU Challenges in Times of War and Energy Crisis

Digital Sovereignty and the Green Transition

Studies in Private International Law - Asia

This book discusses private international law rules relevant to environmental disputes in Asia that involve corporations, surveys 12 Asian jurisdictions, and proposes areas for reform. The volume is split into two sections. The first of these is dedicated to framing and discussing specific issues, such as the liability of corporations, directors and investors for environmental wrongdoing, or the recognition and enforcement of foreign judgements and awards on environmental disputes - and how domestic rules may affect private international law. The second section outlines the rules of select Asian jurisdictions that are relevant to environmental disputes involving corporations, and suggests areas for reform. Jurisdictions covered include China, Hong Kong, India, Indonesia, Japan, Malaysia, Philippines, Singapore, South Korea, Taiwan, Thailand, and Vietnam. Jurisdiction-specific chapters outline the private international law rules of select Asian jurisdictions that are relevant to environmental disputes involving corporations, and suggest areas for reform. Jurisdictions include: Indonesia; Thailand; Singapore; Malaysia; Philippines; Vietnam; China; Hong Kong; Taiwan; India; Japan and South Korea.

Environment, Corporations, and Private International Law in Asia

Access to Justice and International Organisations

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