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More Equal than Others? Perspectives on the Principle of Equality from International and EU Law

More Equal than Others? Perspectives on the Principle of Equality from International and EU Law

Author: Daniele Amoroso; Loris Marotti; Pierfrancesco Rossi; Andrea Spagnolo; Giovanni Zarra
Publisher: T.M.C. Asser Press
ISBN: 9789462655386

Published In: November 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9789462655416

RM1,005.41

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Description
Contents

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This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what - if any - the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations.

Part I. General/Theoretical Aspects

Chapter 1. Variations on the Principle of Equality in International and EU Law

Chapter 2. Sovereign Inequality and Struggles for Equality

Chapter 3. Equality of States and Mutual Membership in European Union Law: Contemporary Reflections

Part II. Equality of States and International Organizations in International and EU Law

Chapter 4. Third World Approaches to International Law (TWAIL) and Inequality in International Criminal Justice: A Critical Assessment

Chapter 5. The Recognition of the Formal Equality of International Organizations by the Means of an International Rule of Incorporation

Chapter 6. The "Institutionalized Inequality" of the ESM Voting System: Doubts and Perspectives after the Reform

Part III. Inter-Individual Equality: Human Rights and Conflict of Laws Issues

Chapter 7. The Status of Workers in EU Free Movement Law: A Difficult Balance Between Equality and Economic Integration

Chapter 8. Equality and Heteronormativity: Heterosexual Majority and Homosexual Minority in the European Convention on Human Rights

Chapter 9. Equality, Conflict of Laws and Human Rights

Chapter 10. Equality in the Application of "Imperative Norms": A "More Equal than Others" Principle in EU Conflict of Laws in Contractual Matters?

Part IV: Procedural Aspects of Equality

Chapter 11. Equality before Courts and Tribunals - The Case for a Comparative Approach

Chapter 12. Equality in the Access to the ECtHR - Filling Procedural Gaps Concerning Locus Standi and Representation of Extremely Vulnerable Individuals

Chapter 13. Residual Jurisdiction in Civil and Commercial Matters through the Lens of Non-Discrimination and Reciprocity

Chapter 14. Equality and Asymmetry in Treaty-Based Investment Arbitration: Counterclaims by Host States

Part V: Epilogue

Chapter 15. Epilogue - Animal Farm, International Law - Lorenzo Gradoni

Chapter 16. General Conclusions: (In)Equalities and International Law: Between Old and New Forms