Beweisfragen In Der Rechtsprechung Des Europ Ischen Gerichtshofs F R Menschenrechte
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Beweisfragen In Der Rechtsprechung Des Europ Ischen Gerichtshofs F R Menschenrechte
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Author : Alix Schlüter
language : de
Publisher: Springer-Verlag
Release Date : 2020-02-22
Beweisfragen In Der Rechtsprechung Des Europ Ischen Gerichtshofs F R Menschenrechte written by Alix Schlüter and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-22 with Law categories.
Dieses Buch analysiert auf der Grundlage mehrerer hundert Urteile erstmals umfassend das Beweisrecht des EGMR. Untersucht werden verschiedene Referenzgebiete, in denen typischerweise Nachweisschwierigkeiten auftreten: Situationen der Informationsasymmetrie zwischen beklagter Konventionspartei und Beschwerdeführer, Fälle objektiver Ungewissheit von Tatsachen – in der Umweltrechtsprechung und in Fällen von Ausweisungen und Auslieferungen – und Diskriminierungsbeschwerden. Die Autorin zeigt auf, dass ein enger Zusammenhang zwischen Beweisrecht und materiellem Konventionsrecht besteht. Das Buch kommt zu dem Ergebnis, dass der Gerichtshof Probleme, die als Fragen des Nachweises von beweisbedürftigen Tatsachen eigentlich dem Beweisrecht, mithin dem Prozessrecht zuzuordnen wären, vielfach über die Auslegung des materiellen Rechts löst.
State Liability In Tort
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Author : Duncan Fairgrieve
language : en
Publisher: Oxford University Press on Demand
Release Date : 2003
State Liability In Tort written by Duncan Fairgrieve and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Language Arts & Disciplines categories.
This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to publicbodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision ofthe European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires andliability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, andunderlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.
The Expulsion Of The Other
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Author : Byung-Chul Han
language : en
Publisher: John Wiley & Sons
Release Date : 2018-01-08
The Expulsion Of The Other written by Byung-Chul Han and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-08 with Philosophy categories.
The days of the Other are over in this age of excessive communication, information and consumption. What used to be the Other, be it as friend, as Eros or as hell, is now indistinguishable from the self in our narcissistic desire to assimilate everything and everyone until there are no boundaries left. The result is a 'terror of the Same', lives in which we no longer pursue knowledge, insight and experience but are instead reduced to the echo chambers and illusory encounters offered by social media. In extreme cases, this feeling of disorientation and senselessness is compensated through self-harm, or even harming others through acts of terrorism. Byung-Chul Han argues that our times are characterized not by external repression but by an internal depression, whereby the destructive pressure comes not from the Other but from the self. It is only by returning to a society of listeners and lovers, by acknowledging and desiring the Other, that we can seek to overcome the isolation and suffering caused by this crushing process of total assimilation.
Politics And The Histories Of International Law
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Author :
language : en
Publisher: BRILL
Release Date : 2021-07-19
Politics And The Histories Of International Law written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-19 with Law categories.
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
Transformative Constitutionalism In Latin America
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017-06-16
Transformative Constitutionalism In Latin America written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-16 with Law categories.
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Remedies Against Immunity
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Author : Valentina Volpe
language : en
Publisher: Springer Nature
Release Date : 2021-04-08
Remedies Against Immunity written by Valentina Volpe and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with Law categories.
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Dialogues On Italian Constitutional Justice
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Author : Vittoria Barsotti
language : en
Publisher: Routledge
Release Date : 2021-04-27
Dialogues On Italian Constitutional Justice written by Vittoria Barsotti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-27 with Law categories.
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
Animals In International Law
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Author : Anne Peters
language : en
Publisher: Pocket Books of the Hague Acad
Release Date : 2021
Animals In International Law written by Anne Peters and has been published by Pocket Books of the Hague Acad this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Chapter I. Animals : a topic for international law --Chapter II. An overview of international rules on animals --Chapter III. The International Convention for the Regulation of Whaling : dead or alive? --Chapter IV. Farm animals in the law of the European Union --Chapter V. Animals in international trade law --Chapter VI. Animals in the law of armed conflict --Chapter VII. Towards international animal rights --Chapter VIII. Towards a global animal protection law.
Due Diligence In The International Legal Order
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Author : Heike Krieger
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-02-03
Due Diligence In The International Legal Order written by Heike Krieger and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-03 with Law categories.
This book provides a comprehensive analysis of the content, scope, and function of due diligence across various areas of international law. Looking at current tendancies towards proceduralisation and more proactive risk management, it reveals the promises and limits of due diligence as a concept for enhancing accountability and compliance.
International Judicial Legitimacy
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Author : Hélène Ruiz Fabri
language : en
Publisher:
Release Date : 2020-07-09
International Judicial Legitimacy written by Hélène Ruiz Fabri and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with International courts categories.
These texts on the legitimacy of international courts were framed as a direct reaction to arguments put forward in the book "In Whose Name?" by Armin von Bogdandy und Ingo Venzke. The subjects ranged from a comparison between international organizations and international courts and how they can contribute to democratize international law to assessing the democratic legitimacy of international human rights courts. Therefore the collection is dealing with both theoretical and practical questions regarding the legitimacy of international courts and how such problems relate to fundamental problems of our times.