Cases Materials And Text On National Supranational And International Non Discrimination Law

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Cases, Materials and Text on National, Supranational and International Non-Discrimination Law

Dagmar Schiek,Lisa Waddington,Mark Bell,Tufyal Choudhury,Olivier De Schutter,Janneke Gerards,Aileen McColgan KC,Gay Moon
Cases Materials and Text on National Supranational and International Non Discrimination Law Book PDF

Author : Dagmar Schiek,Lisa Waddington,Mark Bell,Tufyal Choudhury,Olivier De Schutter,Janneke Gerards,Aileen McColgan KC,Gay Moon
Publisher : Bloomsbury Publishing
Page : 701 pages
File Size : 46,5 Mb
Release : 2007-08-31
Category : Law
ISBN : 9781847316974

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Cases, Materials and Text on National, Supranational and International Non-Discrimination Law by Dagmar Schiek,Lisa Waddington,Mark Bell,Tufyal Choudhury,Olivier De Schutter,Janneke Gerards,Aileen McColgan KC,Gay Moon Pdf

This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe. The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons. The Ius Commune Casebook on Non-Discrimination Law - provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies. - provides the judiciary with the tools needed to respond sensitively to such cases. - provides material for teaching non-discrimination law to law and other students. - provides a basis for ongoing research on non-discrimination law. - provides an up-to-date overview of the implementation of the Directives and of the state of the law. This Casebook is the result of a project which has been supported by a grant from the European Commission's Anti-Discrimination Programme. See the detailed website for this book: www.casebooks.eu/nonDiscrimination/.

Cases, Materials and Text on National, Supranational and International Non-discrimination Law

Dagmar Schiek,Lisa Waddington
Cases Materials and Text on National Supranational and International Non discrimination Law Book PDF

Author : Dagmar Schiek,Lisa Waddington
Publisher : Unknown
Page : 998 pages
File Size : 47,9 Mb
Release : 2007
Category : Discrimination
ISBN : 1509955542

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Cases, Materials and Text on National, Supranational and International Non-discrimination Law by Dagmar Schiek,Lisa Waddington Pdf

This casebook illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender.

Contract Law

Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Denis Tallon,Stefan Vogenauer
Contract Law Book PDF

Author : Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Denis Tallon,Stefan Vogenauer
Publisher : Bloomsbury Publishing
Page : 2408 pages
File Size : 43,6 Mb
Release : 2010-11-09
Category : Law
ISBN : 9781847317384

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Contract Law by Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Denis Tallon,Stefan Vogenauer Pdf

This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.

Cases, Materials and Text on Property Law

Sjef van Erp,Bram Akkermans
Cases Materials and Text on Property Law Book PDF

Author : Sjef van Erp,Bram Akkermans
Publisher : Bloomsbury Publishing
Page : 1252 pages
File Size : 47,8 Mb
Release : 2012-07-23
Category : Law
ISBN : 9781847319821

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Cases, Materials and Text on Property Law by Sjef van Erp,Bram Akkermans Pdf

This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.

Applying International and European Anti-Discrimination Law to the Housing Context

Juan Carlos Benito Sanchez
Applying International and European Anti Discrimination Law to the Housing Context Book PDF

Author : Juan Carlos Benito Sanchez
Publisher : Bloomsbury Publishing
Page : 327 pages
File Size : 51,6 Mb
Release : 2023-10-05
Category : Law
ISBN : 9781509975280

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Applying International and European Anti-Discrimination Law to the Housing Context by Juan Carlos Benito Sanchez Pdf

This is the first study of anti-discrimination law as it applies to housing law in Europe. It offers an important perspective in a field dominated by employment law studies, while drawing on concepts significant in that field as well. Legislative discussion looks at EU law, the European Convention on Human Rights, the European Social Charter and related case law. The book goes further to examine United Nations human rights instruments and related practice of UN committees. This unique focus allows for a fuller understanding of anti-discrimination law's implications, potential, and challenges.

Cases, Materials and Text on Property Law

Sjef van Erp,Bram Akkermans
Cases Materials and Text on Property Law Book PDF

Author : Sjef van Erp,Bram Akkermans
Publisher : Bloomsbury Publishing
Page : 1256 pages
File Size : 45,8 Mb
Release : 2012-07-23
Category : Law
ISBN : 9781509941858

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Cases, Materials and Text on Property Law by Sjef van Erp,Bram Akkermans Pdf

This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.

Paradigms in Modern European Comparative Law

Balázs Fekete
Paradigms in Modern European Comparative Law Book PDF

Author : Balázs Fekete
Publisher : Bloomsbury Publishing
Page : 244 pages
File Size : 41,7 Mb
Release : 2021-04-22
Category : Law
ISBN : 9781509946938

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Paradigms in Modern European Comparative Law by Balázs Fekete Pdf

This book uses the philosophy of Thomas Kuhn to provide a new vision of the development of European comparative law that will challenge and inspire scholars in the field. With the 'empathic' use of some ideas from Kuhn's theories on the history of science – paradigm, paradigm-shift, puzzle-solving research and incommensurability – the book rethinks the modern history of European comparative law from the late 19th century to the modern day. It argues that three major paradigms determine modern comparative law: - historical and comparative jurisprudence, - droit comparé, and - post-World War II comparative law. It concludes that contemporary methodological trends are not signs of a paradigm-shift toward a postmodern and culturalist understanding of comparative law, but that the new approach spreads the idea of methodological plurality.

The Europeanisation of Contract Law

Christian Twigg-Flesner
The Europeanisation of Contract Law Book PDF

Author : Christian Twigg-Flesner
Publisher : Routledge
Page : 252 pages
File Size : 44,8 Mb
Release : 2013-04-12
Category : Law
ISBN : 9781135923211

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The Europeanisation of Contract Law by Christian Twigg-Flesner Pdf

Critical yet accessible, this book provides an overview of the current debates about the ‘Europeanization’ of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.

European Union Non-Discrimination Law

Dagmar Schiek,Victoria Chege
European Union Non Discrimination Law Book PDF

Author : Dagmar Schiek,Victoria Chege
Publisher : Routledge
Page : 444 pages
File Size : 47,8 Mb
Release : 2009-06-02
Category : Law
ISBN : 9781134049325

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European Union Non-Discrimination Law by Dagmar Schiek,Victoria Chege Pdf

This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

European Union Non-Discrimination Law and Intersectionality

Anna Lawson
European Union Non Discrimination Law and Intersectionality Book PDF

Author : Anna Lawson
Publisher : Routledge
Page : 423 pages
File Size : 50,5 Mb
Release : 2016-07-22
Category : Law
ISBN : 9781317139201

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European Union Non-Discrimination Law and Intersectionality by Anna Lawson Pdf

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

EU Non-Discrimination Law in the Courts

Jule Mulder
EU Non Discrimination Law in the Courts Book PDF

Author : Jule Mulder
Publisher : Bloomsbury Publishing
Page : 344 pages
File Size : 53,7 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781509906239

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EU Non-Discrimination Law in the Courts by Jule Mulder Pdf

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.

Anti-Discrimination Law in Civil Law Jurisdictions

Barbara Havelková,Mathias Möschel
Anti Discrimination Law in Civil Law Jurisdictions Book PDF

Author : Barbara Havelková,Mathias Möschel
Publisher : Oxford University Press
Page : 321 pages
File Size : 50,5 Mb
Release : 2019-12-12
Category : Law
ISBN : 9780192594587

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Anti-Discrimination Law in Civil Law Jurisdictions by Barbara Havelková,Mathias Möschel Pdf

This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

Reasonable Accommodation in the Modern Workplace

Roger Blanpain,Frank Hendrickx
Reasonable Accommodation in the Modern Workplace Book PDF

Author : Roger Blanpain,Frank Hendrickx
Publisher : Kluwer Law International B.V.
Page : 234 pages
File Size : 49,5 Mb
Release : 2016-04-20
Category : Law
ISBN : 9789041162717

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Reasonable Accommodation in the Modern Workplace by Roger Blanpain,Frank Hendrickx Pdf

More and more the modern workplace faces challenges of diversity and employability. There is an increasingly insistent need to match workforce diversity, or workers' own characteristics and choices, with employers' organizational and business requirements. In this context, the notion of reasonable accommodation inevitably arises. Concepts such as 'adaptability' and 'employability' not only require workers to adapt to new labour market circumstances but are also directed towards employers' duties to accommodate work and the workplace to the worker's situation. This book is the first study to analyse, at a global scale, how employment discrimination law gives shape to an accommodated workplace in three main areas of interest: age, disability, and religion/belief. Sixteen prominent labour and employment law scholars offer in-depth perspectives from Belgium, the Netherlands, France, Sweden, Russia, Israel, Canada, the United States, South Africa, and Australia. Each report fully integrates relevant legislation, case law, and legal doctrine and follows the same structure to allow easy comparisons across jurisdictions. Attention is also given to the roles of European Union law and the UN Convention on the Rights of Persons with Disabilities. Issues and topics covered include the following: - the scope of 'accommodation'; - 'reasonable' defined; - recognized business requirements that may override the duty to accommodate; - when employers' neutrality policies to avoid accusations of discrimination may constitute indirect discrimination; - use of integration or re-integration strategies to accommodate disabled/incapable workers; - use of 'exit gateways' that enable employers to avoid liability in cases of disability discrimination; - when employers must take into account workers' family lives; and - when an obligation to reclassify a worker exists. These articles were originally presented as papers at the 2015 meeting of the International Association of Labour Law Journals hosted by the Institute for Labour Law of the University of Leuven. Ultimately the book makes clear that reasonable accommodation cannot be narrowed down to a formal anti-discrimination perspective but requires an integrative logic that can grow in a broader labour law context. As a compelling analysis of whether the idea of reasonable accommodation is winning ground in labour law in today's world, this book will prove of immeasurable value to labour and employment lawyers and judges, as well as to corporate counsel and academics in the field.

The Cambridge Companion to European Union Private Law

Christian Twigg-Flesner
The Cambridge Companion to European Union Private Law Book PDF

Author : Christian Twigg-Flesner
Publisher : Cambridge University Press
Page : 382 pages
File Size : 47,8 Mb
Release : 2010-05-20
Category : Law
ISBN : 9781107493971

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The Cambridge Companion to European Union Private Law by Christian Twigg-Flesner Pdf

The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.

Proving Discriminatory Violence at the European Court of Human Rights

Jasmina Mačkić
Proving Discriminatory Violence at the European Court of Human Rights Book PDF

Author : Jasmina Mačkić
Publisher : BRILL
Page : 325 pages
File Size : 42,8 Mb
Release : 2018-07-26
Category : Law
ISBN : 9789004359857

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Proving Discriminatory Violence at the European Court of Human Rights by Jasmina Mačkić Pdf

In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights.