This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
Indigenous rights’ relationship to ecological justice in Amazonia has not been explicitly explored in the literature. As social scientists rarely talk about violence against non-humans, this case study of conservation in Amazonia will explore this new area of concern. Ethical inquiries in conservation also engage with the manifold ways through which human and nonhuman lives are entangled and emplaced within wider ecological relationships, converging in the notion of environmental justice, which often fails to account for overt violence or exploitation of non-humans. Reflecting on this omission, this chapter discusses the applicability of engaged social science and conservation to habitat destruction in Amazonia, and broader contexts involving violence against non-humans. The questions addressed in this chapter are: is the idea of ecological justice sufficiently supported in conservation debate, and more practical Amazonian contexts? Can advocacy of inherent rights be applied to the case of non-humans? Can indigenous communities still be considered 'traditional' considering population growth and increased consumptive practices? Concluding that the existing forms of justice are inadequate in dealing with the massive scale of non-human abuse, this chapter provides directions for conservation that engage with deep ecology and ecological justice in the Amazonian context. doi: 10.1007/978-3-030-29153-2 LinkedIn: https://www.linkedin.com/in/helenkopnina/
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While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.
