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Jöbstl H: Trials and Penal Sanctions by
Non-State Armed Groups

Trials and Penal Sanctions by Non-State Armed Groups

Between Rough Justice and Rebel Rule of Law

This book gives the first in-depth assessment of how justification functions when women are claiming their right to equality. How can courts assess whether a proposed limit to women's equality is constitutionally justified? This question is rarely explicitly asked, with the assumption that well-established limitation frameworks, such as proportionality, are able to assess whether limits to women's rights are justified. However, delving into the theory and practice of justification reveals fracture points between the dominant approach to justification and women's rights to equality. One of its distinctive characteristics is the question of whether any analytical entwining or unwinding of equality and justification enhances the protection of women's rights to equality in constitutional democracies. It proposes a novel asymmetric relationship between equality and justification that requires innovative methodological approaches that enrich the task of adjudicating limits to women's equality. This is an intriguing, articulate and compelling examination of a question with real and applied significance to all those working on human rights and equality.

The Function of Justification in Achieving Women's Equality

Hanging in the Balance

The Right to Strike Reimagined

Strategic Staffing, Sixth Edition equips both current and future managers with the knowledge and skills to adopt a strategic and contemporary approach to talent identification, attraction, selection, deployment, and retention. Grounded in research, this text covers modern staffing concepts and practices in an engaging and reader-friendly format.

Strategic Staffing

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

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

Asian Yearbook of International Law, Volume 30 (2024)

This book reimagines gender-based poverty in urban areas as a human rights issue, offering a transformative legal framework to address one of the most pressing and overlooked challenges of our time. More than half the world's population now lives in cities, with women comprising a growing share of the urban population/residents/people living in urban areas. Yet gender-based poverty remains a persistent and under-addressed issue in international human rights law. No existing convention explicitly tackles the intersection of gender, poverty, and urbanisation. This book breaks new ground by arguing that gender-based poverty in urban areas can - and should - be recognised as a human rights violation. Drawing on legal theory, feminist legal studies, and international human rights frameworks, the book critiques current legal approaches that treat poverty as a social or moral issue, rather than a structural and multidimensional injustice. It advances Sandra Fredman's four-dimensional model of substantive equality - disadvantage, recognition, participation, and transformation - as a more effective legal lens. Focusing on the right to adequate housing, the book explores how states' obligations to respect, protect, and fulfil can be clarified and strengthened through this model. It also examines how principles of equality and non-discrimination interact with progressive realisation and economic, social, and cultural rights. By bridging theory and practice, and incorporating perspectives from the Global South, the book offers a timely and original contribution to human rights law. It provides legal professionals, scholars, and development practitioners with a powerful framework for embedding gender equality in urban policy and advancing social justice through law.

The Right to Adequate Housing

Human Rights Obligations and Gender-Based Poverty in Urban Areas

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

Studies in Private International Law - Asia

This book examines the interaction between Islam and private international law in Asia. The analysis distinguishes between Muslim-majority and non-Muslim jurisdictions. Among the former, a further distinction can be drawn between Muslim-majority jurisdictions where Islamic law continues to exert a strong influence on both substantive and procedural law (including Pakistan, Bangladesh, Indonesia, and Brunei), and those where the law has been largely secularized (such as Kazakhstan, and Uzbekistan). Among the latter, non-Muslim jurisdictions can likewise be divided into two groups: those with a significant Muslim minority, often granted a certain degree of judicial or legal autonomy (such as India, the Philippines, and Thailand); and those where Muslims constitute only a small minority and where no special legal or judicial framework exists (including Japan, South Korea, Taiwan, and China). In Muslim-majority jurisdictions, the main question concerns the influence of Islamic law on the private international law treatment of cross-border cases. In non-Muslim jurisdictions, the main question concerns the acceptance of foreign law based on or influenced by Islamic law or judgments rendered in application of such laws. The chapters put the question of the interrelation between Islam and private international law in its broader theoretical context, examining the differences and similarities between the various approaches and proposing suggestions that bridge the gap between sometimes opposing approaches. The book sheds light on the multifaceted interrelation between Islam and private international law in Asia from both a theoretical and practical angle. It offers a unique perspective in which cultural and religious diversity meets private international law. This invaluable book provides judges, practitioners, decision-makers, and scholars with a practical guide and an indispensable reference to understanding this complex issue within the Asian context.

Islam and Private International Law in Asia

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

This book is the only reference in English on private international law in Uzbekistan. Dispelling a common misconception that the law of ex-USSR countries is largely the same, the book provides an authoritative account of private international law in Uzbekistan, as well as the role the country plays in the harmonisation of private international law in the region and beyond. The chapters provide authoritative guidance on conflict-of-law rules, issues of jurisdiction in contractual and non-contractual matters, as well as the practice and procedure of enforcement of foreign judgements and arbitral awards in Uzbekistan. The book is the first that systematically explores private international law in Uzbekistan and is an essential tool in understanding the peculiarities of the country and their impact on legal practice.

Private International Law in Uzbekistan

This book demonstrates how legal knowledge is a vital, empowering tool in human rights education. Despite the centrality of international human rights law to the global rights framework, its role in human rights education (HRE) - particularly in schools and community settings - has been sidelined, dismissed as either too technical or too politically problematic. This book challenges that marginalisation head-on. It examines how legal knowledge is framed, valued, or rejected in the theory and practice of HRE, engaging critically with the prevailing trends in the field: one that gestures toward law but avoids depth, and another that disavows law entirely in favour of culturally embedded alternatives. Through a close reading of scholarship and policy, combined with insights from educational theory and socio-legal studies, the book argues for law's role as a form of "powerful knowledge" in HRE. It contends that access to and understanding of legal norms and mechanisms are not only essential for meaningful rights education but are themselves enabling rights in practice. The book will be of interest to scholars and students of human rights, legal pedagogy, and education policy, as well as practitioners developing HRE programs. It offers a timely, nuanced intervention into a field grappling with deep epistemological and political tensions, and reasserts the value of law in the struggle for rights.

The Role of Law in Human Rights Education

Trials and Penal Sanctions by Non-State Armed Groups

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