European Antidiscrimination Law Review, No. 10, July 2010, 11-18
in European Antidiscrimination Law Review, No.11, December 2010, 23-34
in "l'Observateur des Nations Unies", 2007-2, vol.23
"L'article 26 du Pacte international relatif aux droits civils et politiques contient une clause générale de non-discrimination. Le commentaire qui en est proposé est à paraître dans le commentaire article par article du Pacte international relatif aux droits civils et politiques que coordonne le professeur Emmanuel Decaux, de l'Université de ParisII-Assas, membre de la Sous-Commission des Nations Unies pour la promotion et la protection des droits de l'homme."
NYU School of Law, Jean Monnet Working Paper 08/06 / Center for Human Rights and Global Justice Working Paper No.13, 2006
European Diversity and Autonomy Papers - EDAP 4.2006
This report was prepared for the seminar organized in collaboration with the Office of the UN High Commissioner for Human Rights in Brussels on 3-4 November 2006 under the mandate of prof. J. Ruggie, the Special Representative to the UN Secretary General on the issue of human rights and transnational corporations and other enterprises. It examines under which conditions States may or should exercise extraterritorial jurisdiction in order to improve the accountability of transnational corporations domiciled under their jurisdiction for human rights abuses they commit overseas.
(Northern Ireland Legal Quarterly, vol.57, pp.1-56) This study offers a discussion of the approach to equality of treatment in the instruments adopted on the basis of Article 13 EC, by locating the choices made by the European legislator in a comparative framework.
This text explores the perspectives following from the insertion of the Charter of Fundamental Rights in the Constitution for Europe. It is an invitation to rethink the meaning of the acquis of the EU in the area of fundamental rights. The vocation of fundamental rights has originally been purely instrumental or defensive. It is suggested that the reference to fundamental rights should also influence the meaning of concepts as central to the European construction as that of citizenship of the Union or of the mutual trust between States in a common area of freedom, security and justice. This evolution however presupposes that fundamental rights constitute not only a limit, imposed from the outside, to the action of the institutions or of the Member States in the field of application of Union law, but that they become central to the building of the common European area ; and it presupposes that the Union has certain instruments at its disposal, allowing it to realize fundamental rights affirmatively.
This paper was initially presented at a conference organized in March 2004 by the New York University Center for Human Rights and Global Justice and by the Ethical Global Initiative, with the World Bank Group, on "Human Rights and Development: Towards Mutual Reinforcement". The paper argues that whatever impact economic globalization has on the realization of human rights depends on the forms globalization takes and the kind of governance it is guided by. The kind of globalization advocated here proposes an enriched understanding of the obligation of transnational corporations to respect human rights. The paper moreover argues that this is, in fact, the direction in which we are moving, and that simply accentuating certain aspects of the currsity Centre foent situation will bring us closer to this objective : transforming TNCs into instruments for a more humane kind of globalization, one which not only respects the full set of internationally recognized human rights, but which also ensures that they will be further realized, in combination with economic growth
This report is part of the project on comparative international litigation launched at the University of Paris I-Panthéon-Sorbonne by professors H. Ruiz Fabri and J.-M. Sorel. It examines the regime of third party intervention before the European Court of Justice and the Court of First Instance. The report examines the notion of intervention the framework of referral procedures. It turns, next, to intervention in the context of "cases" presented to the European Court of Justice (including in particular actions for annulment, actions for failure to act, and infringement procedures). The report concludes by distinguishing the function of the intervenor stricto sensu and that of the amicus curiae, noting that, although the latter status does not exist explicitly, the practice of the European Court of Justice illustrates the need, or at least the usefulness, of developing such a status in the case-law.
This report examines the role of judicial review in the area of freedom, security and justice, and particularly the contribution of national courts and the European Court of Justice to the mutual trust on which the cooperation between the Member States in the European Criminal Area is based. The report also discusses the question of the compatibility with the requirements of the European Convention on Human Rights of the princi
This paper describes the contribution Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin has made to improve the situation of the Roma in the Union, and it highlights the next steps which could be taken in order to promote equal treatment of the Roma either either by building further on that Directive, for instance in order to extend its scope of application to the delivery of administrative documents, in order to explicitly include segregation as a form of prohibited discrimination, or by the adoption of another instrument, complementary to the Racial Equality Directive, addressing in a more focused manner the specific needs of the Roma, while remaining attentive to the preservation of their traditional lifestyle for those wishing not to renounce it, and ensuring that such a measure is based on a consultation of the Roma themselves.