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Conflict Refugees : European Union Law and Practice
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ISBN: 1009359428 100935938X 100935941X 1009359398 Year: 2023 Publisher: Cambridge, England : Cambridge University Press,

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Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.


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Prisoners of war in contemporary conflict
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ISBN: 0197663311 019766329X 0197663303 Year: 2023 Publisher: New York, NY : Oxford University Press,

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This volume examines the rules governing the designation and treatment of POWs in contemporary conflict. Each chapter examines specific topics around POWs that the contributors identify as unsettled, operationally problematic, or inadequately addressed in existing literature.


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Patient autonomy and criminal law : European perspectives
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ISBN: 1003319866 1003319866 1000774937 Year: 2023 Publisher: London, England ; New York, New York : Routledge,

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"This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law"--


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Prisoners of war in contemporary conflict
Authors: --- ---
ISBN: 9780197663288 0197663281 Year: 2023 Publisher: New York, NY : Oxford University Press,

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"The International Committee of the Red Cross' release of its 2020 Commentary on the 1949 Geneva Convention Relative to the Treatment of Prisoners of War, which updated the existing 1960 "Pictet Commentary," drew global attention to the international humanitarian law governing prisoners of war POWs. This book contributes to the dialogue with a collection of capita selecta identified by the contributors as meriting examination. Part I examines qualification for POW status from two angles. Four contributions deal with types and domains of warfare - proxy, fluid, maritime, and space. The remaining three take on issues regarding the status of detainees set forth in Article 4 of the Third Geneva Convention, specifically combatants, civilians accompanying the force, and members of a levée en masse. Part II discusses the treatment to which POWs are entitled. Topics range from a broad survey of key issues regarding POW treatment in contemporary conflicts to narrow topics that have created confusion or proven challenging in practice. The book concludes with Part III's consideration of the historical relevance of, and perspectives on, the international law governing POWs"--


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Migrant labour and the reshaping of employment law
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ISBN: 1509919155 1509919163 1509919171 Year: 2023 Publisher: Oxford : London : Hart Publishing, Bloomsbury Publishing (UK),

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The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law - including the law relating to collective bargaining, and remedies against exploitation.


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Federalism and the rights of persons with disabilities : the implementation of the CRPD in federal systems and its implications
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ISBN: 1509962468 150996245X Year: 2023 Publisher: London : London : Hart Publishing, Bloomsbury Publishing (UK),

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This book shines a light on the still unexplored relationships between federalism and disability rights. It investigates how the UN Convention on the Rights of Persons with Disabilities (CRPD) is implemented by different federal systems around the world. It analyses the effects that the obligations undertaken under the CRPD have on federal governance and on the constitutional division of powers within 14 federal systems, including those in Germany, Canada, Brazil, India, the UK and Italy. The book also considers the trends and patterns of disability rights governance in federal systems and looks at the future developments of comparative disability federalism.


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Migrant labour and the reshaping of employment law
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ISBN: 9781509968329 9781509919147 Year: 2023 Publisher: Oxford, UK ; New York, NY : Hart Publishing, Bloomsbury Publishing Plc,

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"This book examines the implications of labour migration for employment law regimes in highly-developed countries. It adopts a comparative approach, with some chapters providing thematic overviews of the challenges posed by migration for employment law, and others addressing the main effects of migration upon employment law in particular countries. The context of the book is the increased importance of actual and potential migration to the labour markets of highly-developed countries. Resident migrants' share of the labour force has increased markedly since the early 1990s, with the International Labour Organisation estimating that in 2013, there were 112 million migrant workers in the 58 highest-income countries, who made up 16% of the workforce. In addition, non-resident workers have increasingly become part of the labour available for employment in other states, often on a temporary basis as posted or agency workers. This evolving labour market context has led to a series of challenges for, and effects upon, employment law"--


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The Rights of the Child : Legal, Political and Ethical Challenges
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ISBN: 9789004511156 9789004511163 9004511164 9004511156 Year: 2023 Publisher: Leiden ; Boston : Brill | Nijhoff

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How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children's rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children's international human rights, with a special focus on the realization of the CRC in Sweden.


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Essentially a Mother : A Feminist Approach to the Law of Pregnancy and Motherhood.
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ISBN: 0520388275 Year: 2023 Publisher: Berkeley : University of California Press,

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Essentially a Mother argues that the law of pregnancy and motherhood has been overrun by sexist ideology. Courts have held that a pregnant woman's nine months of gestation hardly count in her claim to parent the child she bears and that a man's brief moment of ejaculation matters more than a woman's labor. Armed with such dubious arguments, courts have stripped women of the right to abortion, treated surrogate mothers as mere vessels, and handed biological fathers--even those who became fathers through rape--automatic rights over women and their children. In this incisive and groundbreaking book, Jennifer Hendricks argues that feminists must overthrow the skewed value system that subordinates women, devalues caregiving, and denies too many the right to parent.


Book
The GI Bill : a new deal for veterans
Authors: ---
ISBN: 1282125265 9786612125263 0199720428 9780199720422 9780195182286 0195182286 9780199839995 0199839999 0197713483 Year: 2023 Publisher: New York, N.Y. : Oxford University Press,

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Altschuler and Blumin offer a compelling and surprising account of the G.I. Bill and its impact on American life. Formally known as the Serviceman's Readjustment Act of 1944, it was far from an obvious, straightforward piece of legislation, but resulted from tense political maneuvering and complex negotiations.

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