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Legal Aspects of Ethnic Data Collection and Positive Action

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This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority’s inclusion in Europe. The book’s central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.

Aviation Security, Privacy, Data Protection and Other Human Rights: Technologies and Legal Principle

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"This book sheds light on aviation security, considering both technologies and legal principles. It considers the protection of individuals in particular their rights to privacy and data protection and raises aspects of international law, human rights and data security, among other relevant topics. Technologies and practices which arise in this volume include body scanners, camera surveillance, biometrics, profiling, behaviour analysis, and the transfer of air passenger personal data from airlines to state authorities. Readers are invited to explore questions such as: What right to privacy and data protection do air passengers have? How can air passenger rights be safeguarded, whilst also dealing appropriately with security threats at airports and in airplanes? Chapters explore these dilemmas and examine approaches to aviation security which may be transferred to other areas of transport or management of public spaces, thus making the issues dealt with here of paramou nt importance to privacy and human rights more broadly. The work presented here reveals current processes and tendencies in aviation security, such as globalization, harmonization of regulation, modernization of existing data privacy regulation, mechanisms of self-regulation, the growing use of Privacy by Design, and improving passenger experience. This book makes an important contribution to the debate on what can be considered proportionate security, taking into account concerns of privacy and related human rights including the right to health, freedom of movement, equal treatment and non-discrimination, freedom of thought, conscience and religion, and the rights of the child. It will be of interest to graduates and researchers in areas of human rights, international law, data security and related areas of law or information science and technology.  I think it will also be of interest to other categories (please see e.g. what the reviewers have written) ""I think that the book would be of great appeal for airports managing bodies, regulators, Civil Aviation Authorities, Data Protection Authorities, air carriers, any kind of security companies, European Commission Transport Directorate, European Air Safety Agency (EASA), security equipment producers, security agencies like the US TSA, university researchers and teachers."" ""Lawyers (aviation, privacy and IT lawyers), security experts, aviation experts (security managers of airports, managers and officers from ANSPs and National Aviation Authorities), decision makers, policy makers (EASA, EUROCONTROL, EU commission)"""

Legal Power and Legal Competence

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This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.

Legal Geography

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This book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publications. Against this backdrop, the book adopts a legal comparative perspective and assesses ‘normative spatialities’, which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographicfeatures which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective. As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.

Legal Spaces

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This book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of  law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.