Aravind Ganesh - Academia.edu (original) (raw)
Papers by Aravind Ganesh
... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les... more ... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les droits fondamentaux, aussi bien au niveau des rapports interindividuels qu'au niveau des rapports noués entre Etats dans le cadre européen ou international. ...
Ssrn Electronic Journal, Oct 28, 2010
Government non-compliance with court orders is an endemic problem in South Africa to such an exte... more Government non-compliance with court orders is an endemic problem in South Africa to such an extent that lawyers seeking to vindicate the constitutional right to education must prepare for this in designing their litigation strategies. This note describes the experience of the Legal Resources Centre in dealing with repeated government non-compliance during the course of recent litigation that sought to ensure the provisioning of educator and non-educator posts in the Eastern Cape between 2012 and 2013. More broadly, however, it explores the two main tools at the disposal of litigants in such instances - the law of contempt, and execution pursuant to the State Liability Act 20 of 1957. The note concludes that contempt remedies are of limited use and instead, that execution against government property is much more likely both to provide the claimant with a meaningful remedy and to bestir dilatory officials into action.
SSRN Electronic Journal, 2000
ABSTRACT The Lisbon Treaty amended the EU's foundational documents to include several com... more ABSTRACT The Lisbon Treaty amended the EU's foundational documents to include several commitments regarding the global promotion of human rights, democracy, the rule of law, and other values, in all the EU's "relations with the wider world". These provisions, which have been described as giving rise to an emerging 'missionary principle', are not merely hortatory, but have been recognised by the judicial and political branches of the EU as having normative content. Specifically, they appear to be productive of legal obligations with respect to persons in third countries whose economic, social, and cultural rights may be threatened by the EU's economic policies. This note understands the provisions and their interpretation in the Case C-366/10 Air Transport Association of America (ATAA) judgement as meaning that the content of the missionary principle is not, as has been argued, a straightforward obligation of compliance by the EU with obligations under treaty and customary international law. Instead, it requires the pursuit of 'values', only one of which is the creation of an international legal order committed to compliance with international law, which has to be pursued alongside an imperative to spread human rights, democracy, and the rule of law. Importantly, though they are universal in nature and inspired by human rights norms, they are the EU's own values. It then follows that the scope of the missionary principle falls to be measured not under principles of international human rights jurisdiction, which demarcate the space within which States and International Organisations (IOs) have international obligations, but under the rules of jurisdiction under general international law, which demarcate the space within which States and IOs may pursue domestic competences. The picture is made even more interesting as a result of the peculiar notion of jurisdiction displayed by the Court of Justice (CJEU) in ATAA, and complicated further still by the fact that this permission is transformed into a requirement by the EU internal legal principle of consistency. Finally, in an attempt to explore the theoretical underpinnings of the missionary principle in political theory, I compare and contrast Kantian theories with the concept of "sovereign trusteeship" recently advanced by Eyal Benvenisti.
SSRN Electronic Journal, 2000
Columbia Journal of European Law, 2009
This note addresses certain complications inherent in governance with regards to posted workers, ... more This note addresses certain complications inherent in governance with regards to posted workers, ie workers posted on a temporary basis from one Member State of the Union to another, for the provision of services in the host Member State. In particular, this ...
Oxford University Commonwealth Law Journal, 2010
... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les... more ... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les droits fondamentaux, aussi bien au niveau des rapports interindividuels qu'au niveau des rapports noués entre Etats dans le cadre européen ou international. ...
... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les... more ... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les droits fondamentaux, aussi bien au niveau des rapports interindividuels qu'au niveau des rapports noués entre Etats dans le cadre européen ou international. ...
Ssrn Electronic Journal, Oct 28, 2010
Government non-compliance with court orders is an endemic problem in South Africa to such an exte... more Government non-compliance with court orders is an endemic problem in South Africa to such an extent that lawyers seeking to vindicate the constitutional right to education must prepare for this in designing their litigation strategies. This note describes the experience of the Legal Resources Centre in dealing with repeated government non-compliance during the course of recent litigation that sought to ensure the provisioning of educator and non-educator posts in the Eastern Cape between 2012 and 2013. More broadly, however, it explores the two main tools at the disposal of litigants in such instances - the law of contempt, and execution pursuant to the State Liability Act 20 of 1957. The note concludes that contempt remedies are of limited use and instead, that execution against government property is much more likely both to provide the claimant with a meaningful remedy and to bestir dilatory officials into action.
SSRN Electronic Journal, 2000
ABSTRACT The Lisbon Treaty amended the EU's foundational documents to include several com... more ABSTRACT The Lisbon Treaty amended the EU's foundational documents to include several commitments regarding the global promotion of human rights, democracy, the rule of law, and other values, in all the EU's "relations with the wider world". These provisions, which have been described as giving rise to an emerging 'missionary principle', are not merely hortatory, but have been recognised by the judicial and political branches of the EU as having normative content. Specifically, they appear to be productive of legal obligations with respect to persons in third countries whose economic, social, and cultural rights may be threatened by the EU's economic policies. This note understands the provisions and their interpretation in the Case C-366/10 Air Transport Association of America (ATAA) judgement as meaning that the content of the missionary principle is not, as has been argued, a straightforward obligation of compliance by the EU with obligations under treaty and customary international law. Instead, it requires the pursuit of 'values', only one of which is the creation of an international legal order committed to compliance with international law, which has to be pursued alongside an imperative to spread human rights, democracy, and the rule of law. Importantly, though they are universal in nature and inspired by human rights norms, they are the EU's own values. It then follows that the scope of the missionary principle falls to be measured not under principles of international human rights jurisdiction, which demarcate the space within which States and International Organisations (IOs) have international obligations, but under the rules of jurisdiction under general international law, which demarcate the space within which States and IOs may pursue domestic competences. The picture is made even more interesting as a result of the peculiar notion of jurisdiction displayed by the Court of Justice (CJEU) in ATAA, and complicated further still by the fact that this permission is transformed into a requirement by the EU internal legal principle of consistency. Finally, in an attempt to explore the theoretical underpinnings of the missionary principle in political theory, I compare and contrast Kantian theories with the concept of "sovereign trusteeship" recently advanced by Eyal Benvenisti.
SSRN Electronic Journal, 2000
Columbia Journal of European Law, 2009
This note addresses certain complications inherent in governance with regards to posted workers, ... more This note addresses certain complications inherent in governance with regards to posted workers, ie workers posted on a temporary basis from one Member State of the Union to another, for the provision of services in the host Member State. In particular, this ...
Oxford University Commonwealth Law Journal, 2010
... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les... more ... Aravind Ganesh ... La CRIDHO travaille sur les rapports entre les mécanismes de marché et les droits fondamentaux, aussi bien au niveau des rapports interindividuels qu'au niveau des rapports noués entre Etats dans le cadre européen ou international. ...