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Contemporary Issues in Human Rights Law : Europe and Asia.

Bibliographic Details
Main Author: Nakanishi, Yumiko.
Format: eBook
Language:English
Published: Singapore : Springer Singapore Pte. Limited, 2017.
Edition:1st ed.
Subjects:
Electronic books.
Online Access:Click to View
Table of Contents:
  • Intro
  • Preface
  • Contents
  • Editors and Contributors
  • Human Rights in Europe
  • 1 Mechanisms to Protect Human Rights in the EU's External Relations
  • 1 Introduction
  • 2 Values, Principles, and Objectives
  • 2.1 Protection of Fundamental Rights in the EU
  • 2.2 The Treaty of Lisbon and Human Rights in the EU's External Relations
  • 2.3 Values, Principles, and Objectives
  • 2.3.1 Values
  • 2.3.2 Principles
  • 2.3.3 Objectives
  • 3 Competences Regarding Human Rights in the EU's External Relations
  • 3.1 Competences and Practice Prior to the Treaty of Lisbon
  • 3.2 Relationship Between Values, Objectives, and Competences
  • 3.3 Two Types of International Human Rights Agreements
  • 3.4 International Agreements with Human Rights Provisions
  • 3.4.1 Horizontal Clause for Human Rights
  • 3.4.2 Article 207 TFEU: The CCP
  • 3.5 International Human Rights Agreements
  • 3.5.1 General
  • 3.5.2 Article 19 TFEU and Article 114 TFEU
  • 3.5.3 Articles 82-86 TFEU
  • 3.5.4 Article 352 TFEU
  • 4 Conclusions
  • References
  • 2 Fundamental Rights Regimes in the European Union: Contouring Their Spheres
  • 1 Introduction
  • 2 Delimitation of National and EU Fundamental Rights with Regard to EU Action
  • 2.1 The EU Law Perspective
  • 2.2 The National Constitutional Law Perspective
  • 2.2.1 Constitutional Conditions for European Integration
  • 2.2.2 Mitigation of Possible Conflicts by Substantive and Procedural Safeguards
  • 2.2.3 Evaluation
  • 2.3 Reconciling the Perspectives
  • 3 Delimitation of National and EU Fundamental Rights with Regard to Member State Action
  • 3.1 The Implementation and Enforcement of EU Secondary Law
  • 3.2 Member States' Acting in a Context Determined by EU Law
  • 3.3 Procedural Implications
  • 4 Conclusion
  • References
  • 3 Human Rights Protection in the EU as Unitas Multiplex
  • 1 Introduction
  • 2 Premises of EU Law.
  • 2.1 Unitas Multiplex
  • 2.2 Core Principles of the EU: Principle of Non-discrimination on Grounds of Nationality (TFEU Art. 18) and Principle of Mutual Recognition
  • 3 Functions of Member States' Nationality and EU Citizenship
  • 3.1 Conditions for Acquisition of EU Citizenship and the Rights One Holds as a Citizen
  • 3.2 "Interstate Citizenship"
  • 3.3 What It Means to Hold Nationality in a Member State
  • 3.4 Acquisition and Loss of Nationality and the Discretion of Member States
  • 4 Cases of the European Court of Justice Concerning EU Citizens and Restrictions of the Discretionary Power of Member States
  • 4.1 Member States Are not Allowed to Prefer One Nationality Over Another in a Case of Dual Nationality
  • 4.2 Surnames as a "Format" of EU Citizenship
  • 4.3 Nationality of a Member State Based on Ius Soli and EU Citizenship
  • 4.4 "Due Regard to EU Law" and the "Principle of Proportionality"
  • 4.5 Restriction of a Member State's Decision of Deprivation of the Right to Vote in the Case of a Criminal Conviction
  • 5 Conclusion
  • References
  • Human Rights in Asia
  • 4 The Role of the Judicial Branch in the Protection of Fundamental Rights in Japan
  • 1 Introduction
  • 2 Japanese Judicial Review
  • 2.1 Establishing Constitutional Review
  • 2.2 Choosing Between the American and the Constitutional Court Model
  • 2.3 Basis of Japanese Model
  • 3 Backgrounds of Passiveness
  • 3.1 Overburden of the Court
  • 3.2 Career Judge System and Constitutional Review
  • 3.3 Political Constellation and "Faceless Judges"
  • 4 Ambiguous Changes
  • 4.1 Signs of Changes
  • 4.2 Skillful Rulings for Remedy
  • 4.3 The Guarantee of Democratic Process
  • 4.4 Possible Dialogue with Political Branch
  • 5 Conclusion
  • References
  • 5 Does Formal Rank Matter?
  • 1 Introduction.
  • 2 The Formal Rank as Well as Normative Role of International (Human Rights) Law in Domestic Law: Lessons from a Comparison Between Germany and Taiwan
  • 2.1 The German Perspective: International Human Rights Law as an Interpretative Tool
  • 2.2 The Taiwanese Perspective: International Human Rights Law as a Symbol of Internationalization
  • 3 A Human Rights Perspective on the Significance of International Human Rights Law in Domestic Constitutional Order
  • 3.1 International Human Rights Law as "External Law?"
  • 3.2 International Human Rights Law as a Framework Order
  • 4 Conclusion: The Formal Rank Issue from the Framework-Oriented Perspective
  • References
  • 6 The Asian Region and the International Criminal Court
  • 1 Introduction
  • 2 The Rationale Behind Asian Reluctance: Various Policy Considerations and So-called Asian Values
  • 3 Future Prospects of the Asian Region and the International Criminal Court
  • 3.1 Future of Non-state Parties of the Rome Statute
  • 3.2 Overview of the Current Relationships Between the Asian Region and the International Criminal Court
  • 3.2.1 Present Circumstances
  • 3.2.2 Situation of the Republic of Korea
  • 3.2.3 Situation of Ukraine and the Downing of MH17
  • 3.2.4 Situation of Afghanistan
  • 3.2.5 Situation of the Registered Vessels of Comoros, Greece and Cambodia
  • 3.3 Possible Targets in the Asian Region of the OTP's Preliminary Examination
  • 4 Conclusion
  • Acknowledgements
  • References
  • Special Topics of Human Rights in Europe and Asia
  • 7 The Principle of Non-discrimination in the European Convention on Human Rights and in EU Fundamental Rights Law
  • 1 Introduction
  • 2 The European Convention on Human Rights
  • 2.1 The Scope of Application of Art. 14 ECHR
  • 2.2 Criteria of Distinction
  • 3 EU Fundamental Rights Law
  • 3.1 The Prohibition of Discrimination Based on Nationality.
  • 3.2 The General Prohibition of Discrimination in Art. 21 (1) of the EU Charter on Fundamental Rights
  • 4 Conclusion
  • References
  • 8 Women's Rights and Gender Equality in Europe and Asia
  • 1 Introduction
  • 1.1 Some Data on Gender (in)Equality
  • 1.2 Purpose and Limits of the Analysis
  • 2 Evolution of Women's Rights at the International Level
  • 2.1 On the Principle of Non-discrimination
  • 3 Evolution of Women's Rights and Gender Equality in Europe and Asia
  • 3.1 The European Union
  • 3.2 Council of Europe
  • 3.2.1 The Council of Europe Istanbul Convention
  • 3.3 ASEAN Countries
  • 3.3.1 The Convention Against Human Trafficking
  • 3.3.2 Japan
  • 4 Regionalisation and Dialogue Between Legal Systems: Some Conclusions
  • References
  • 9 Guarantee of the Right to Freedom of Speech in Japan-A Comparison with Doctrines in Germany
  • 1 Introduction: The 2016 World Press Freedom Index
  • 2 Freedom of Speech in Japan
  • 2.1 Legal Restraints
  • 2.2 Unofficial "Regulations" and Issues Concerning "Self-restraint" for the Media
  • 2.3 Precedent in Japan Dealing with Freedom of Speech
  • 2.4 Conclusions-Guarantee of Freedom of Speech in Japan
  • 3 Doctrines in Japan Relating to Freedom of Speech
  • 4 Comparison with German Doctrines
  • 4.1 Skeptical Views of German Protection of Freedom of Speech
  • 4.2 Freedom of Speech in Germany
  • 4.3 German Decisions Concerning Freedom of Speech
  • 4.3.1 About Freedom of Speech
  • 4.3.2 Freedom of the Press
  • 4.4 German Popular Descriptions Concerning Freedom of Speech
  • 4.5 Considerations
  • 5 Closing Remarks
  • References
  • 10 China's Development Banks in Asia: A Human Rights Perspective
  • 1 Introduction
  • 2 The Right to Development: Giving Legitimacy to China's New International Economic Order
  • 3 Finance, Development and China: From Participation to Institution-Building.
  • 4 Financing Development in Asia: A Prognosis on China's Human Rights Benchmarks
  • 5 Conclusion
  • References
  • Index.

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