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

European Union Law › Human Rights › International Law

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

Edited by Daniele Amoroso · Loris Marotti · Pierfrancesco Rossi · Andrea Spagnolo · Giovanni Zarra
T.M.C. Asser Press November 2022

Specifications

ISBN-13
9789462655386
Publisher
T.M.C. Asser Press
Publication
November 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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
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