Littérature scientifique sur le sujet « Restrictability »

AbstractWhile the “essence” of EU fundamental rights has received much attention following the CJEU’s Schrems decision, the concept of “essence” remains much less examined in international human rights law. Nonetheless, a concept of “essence” for human rights can also be found in international law. This Article discusses different aspects of the “essence” concept in international human rights law, namely non-derogability, non-restrictability, and minimum core, in three steps. First, the Article looks at civil political rights and socioeconomic rights separately and identifies two different approaches to the concept of essence for each of the two categories: While for civil and political rights the concept of essence is mainly linked to the notions of non-derogability and non-restrictability, for socioeconomic rights, the concept refers mainly to the states’ obligation to guarantee an essential level of protection independent of their resource limitations. Second, the Article continues by reading the two approaches together and identifies certain elements of an overarching “essence” concept. Finally, the Article discusses the relationship between the CJEU’s “essence” jurisprudence and the related concepts in international law and concludes with two theses: First, international law deserves more attention when reflecting on the EU’s concept of essence. It equally employs concepts of “essence” and also informs the development and interpretation of EU law. Second, when engaging with the question of whether the EU law should draw lessons from its international counterpart on the notion of “essence,” one must contemplate drawbacks for EU law that the concept has presented for international law.

We present a systematic way of constructing and analyzing fuzzy similarity measures based on cardinality. This is achieved by introducing a general form for such measures, that depends on two parameters. We demonstrate that this general form includes several existing families of fuzzy similarity measures. Moreover, we show that certain properties can be ensured by imposing simple constraints on the parameters. In particular, we present constraints that ensure several forms of restrictability, which allow to reduce the calculation time in practical implementations. To conclude, we illustrate the presented technique by using it to analyze some well-known fuzzy similarity measures.

The Article discusses the difficulties of establishing a hierarchy of norms in international law, particularly with regard to human rights norms. A number of arguments have been put forward but none of them has proven to be conclusive: be it the distinction between treaty-based norms and norms of customary law, be it the non-restrictability or non-derogability of some treaty rights, be it their erga omnes character or the inadmissibility to make reservations. The best way to address the issue of hierarchy seems to be the concept of jus cogens. However, the consequences of some rights being “superior” to others are by no means clear. The fact that certain rights are addressed in court decisions as being “most fundamental” or representing a “supreme value” does not necessarily mean that these rights prevail over other, seemingly “inferior” rights in a given case. This is so because it is difficult to decide in abstracto and in advance possible conflicts of human rights positions of different human beings. The Article therefore recommends a very reluctant use of a terminology pointing at a hierarchy between human rights.

AbstractIn this paper, we introduce the definition of restrictable Lie-Rinehart algebras, the concept of restrictability is by far more tractable than that of a restricted Lie-Rinehart algebra. Moreover, we obtain some properties of p-mappings and restrictable Lie-Rinehart algebras. Finally, we give some sufficient conditions for the commutativity of quasi-toral restricted Lie-Rinehart algebras and study how a quasi-toral restricted Lie-Rinehart algebra with zero center and of minimal dimension should be.