Damages For Violations Of Human Rights
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Damages For Violations Of Human Rights
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Author : Ewa Bagińska
language : en
Publisher: Springer
Release Date : 2015-10-20
Damages For Violations Of Human Rights written by Ewa Bagińska and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-20 with Law categories.
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Remedies In International Human Rights Law
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Author : Dinah Shelton
language : en
Publisher: Oxford University Press, USA
Release Date : 2000
Remedies In International Human Rights Law written by Dinah Shelton 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 2000 with Law categories.
This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.
State Responsibility And The Individual
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Author : Albrecht Randelzhofer
language : en
Publisher: BRILL
Release Date : 2023-11-27
State Responsibility And The Individual written by Albrecht Randelzhofer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
Damages And Human Rights
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Author : Jason NE Varuhas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-19
Damages And Human Rights written by Jason NE Varuhas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
Remedies In International Human Rights Law
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Author : Dinah Shelton
language : en
Publisher: Oxford University Press
Release Date : 2015-10-22
Remedies In International Human Rights Law written by Dinah Shelton 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 2015-10-22 with Law categories.
The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.
Damages And Human Rights
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Author : Jason NE Varuhas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-05-19
Damages And Human Rights written by Jason NE Varuhas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
State Responsibility And The Individual
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Author : Albrecht Randelzhofer
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-03-11
State Responsibility And The Individual written by Albrecht Randelzhofer and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-11 with Law categories.
The book reviews the modern tendency to recognize individuals aggrieved by a (grave) violation of their rights as holders of claims to reparation directly under international law. Indeed, the European as well as the American Convention on Human Rights empower the relevant Courts to grant appropriate compensation to any person whose complaint is successful. Under general international law, however, this tendency still lacks solid foundations, although a draft declaration currently pending before the UN Human Rights Commission ('van Boven Principles') would confirm the individual's entitlement to reparation as a matter of international law. Likewise, some US Courts have already tried to entertain suits against foreign States in instances of egregious human rights violations. At first glance, to accept persons victims of grave violations as actors at the level of international law seems to be a big step forward, strengthening significantly the regime of human rights. Yet care must be taken not to lose sight of the advantages of the traditional configuration according to which the State alone is entitled to assert reparation claims in cases where its nationals have suffered injury at the hands of another State. In particular, the consequences of developments of catastrophic dimensions like wars cannot be sensibly settled in the same way as any other tort claim. At the inter-State level, in particular, globalization of reparation is indispensable. To apply the simple maxim that all the consequences of an internationally wrongful act must be wiped out would in many instances be tantamount to negating the possibility ever to make a fresh start after a devastating international conflict.
Remedies For Human Rights Violations
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Author : Kent Roach
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-08
Remedies For Human Rights Violations written by Kent Roach and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with Law categories.
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
The European Court Of Human Rights
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Author : Helmut P. Aust
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-04-30
The European Court Of Human Rights written by Helmut P. Aust and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Civil Responsibility For Gross Human Rights Violations
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Author : Sascha-Dominik Bachmann
language : en
Publisher: PULP
Release Date : 2007
Civil Responsibility For Gross Human Rights Violations written by Sascha-Dominik Bachmann and has been published by PULP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Crimes against humanity categories.
The book investigates the development under international human rights law with regards to human rights protection with the overall objective to develop an argument for a future international regime of civil liability for individual and corporate perpetrator of gross human violations.