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New Arrival Contested Equality: International and Comparative Legal Perspectives

Contested Equality: International and Comparative Legal Perspectives

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781035325764
  • 出版时间 December 2024
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: JP¥25,850.00

JP¥25,074.50 Save JP¥775.50 (3%)

发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    Comparative in scope, this book explores current debates surrounding the legal notion of equality. It expertly analyses equality law from a range of different legal perspectives, divided into three categories: dimensions of inequality; framing and proceduralising inequality; and new frontiers of inequality.

    Bringing together contributions from internationally recognised scholars, the book addresses the multifaceted dimensions of equality, exploring its complexities and challenges. Drawing from different areas of law, including human rights law and constitutional law, the book embarks on a critical examination of the conceptual, doctrinal and practical aspects of equality law. It surveys the normative foundations of equality, its operationalisation in different legal and institutional contexts, and the effectiveness of legal mechanisms in promoting equality. Chapter authors investigate key themes such as the tensions between formal and substantive equality and the impact of socio-economic, political and cultural factors on the realisation of equality rights.

    Contested Equality is a fundamental resource for legal scholars and students of public international law, comparative law and constitutional law as well as political scientists, economists and philosophers working in the field of equality. Its theoretical and practical applications will also be beneficial to policymakers and legal practitioners advising on equality issues.

  • 1.Introduction: contested equality 1
    Elif Askin and Hanna Stoll
    2.
    Questions of contested equality – an overview 17
    Matthias Mahlmann

    PART I. DIMENSIONS OF INEQUALITY
    3.
    A fractured approach: poverty and racial discrimination before the CERD committee 28
    Vandita Khanna
    4.
    Is it discrimination, segregation or both? An interdisciplinary perspective on societal (‘de facto’) segregation in education 48
    Merel Vrancken
    5.
    Advancing access to social security: maternity protection and social justice for women in the informal economy 64
    Janine Hicks
    6.
    An uncharted territory awaiting to be uncovered: discrimination on the grounds of socio-economic status in
    the Polish legal order 81
    Adam Ploszka

    PART II FRAMING AND PROCEDURALISING INEQUALITY
    7.
    New agents for ethno-racial equality: identity politics, vulnerabilities, and beyond 101
    András László Pap
    8.
    Conflicting interests? European national equality bodies acting as (informal) mediators in discrimination complaints 119
    Cathérine Van de Graaf
    9.
    Understanding and accounting for socio-economic inequalities in the current economic order: a business and human rights perspective 143
    Marta Piazza
    PART III. NEW FRONTIERS OF INEQUALITY
    10.
    Procedural justice and the boundaries of environmental law: a critical inquiry into Latin America 162
    Thalia Viveros-Uehara
    11.
    Interrelationship of legal gender identity and the right to health of transgender persons in India 182
    Amit Upadhyay and Arvind Tayenjam
    12.
    Inequalities in digital trade and digital trade regulation 203
    Mira Burri
    13.
    The unequal battlefield: a critical reflection on the use of fully autonomous weapons in situations of war 221
    Sai Sathyanarayanan Venkatesh
    14.
    Conclusion: reconsidering equality 242
    Elif Askin and Hanna Stoll

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