Judge Pinto De Albuquerque And The Progressive Development Of International Human Rights Law


Judge Pinto De Albuquerque And The Progressive Development Of International Human Rights Law
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Judge Pinto De Albuquerque And The Progressive Development Of International Human Rights Law


Judge Pinto De Albuquerque And The Progressive Development Of International Human Rights Law
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Author : Triestino Mariniello
language : en
Publisher: BRILL
Release Date : 2021-02-01

Judge Pinto De Albuquerque And The Progressive Development Of International Human Rights Law written by Triestino Mariniello and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-01 with Law categories.


For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).



Handbook On The European Convention On Human Rights


Handbook On The European Convention On Human Rights
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Author : Mark Eugen Villiger
language : en
Publisher: BRILL
Release Date : 2022-12-05

Handbook On The European Convention On Human Rights written by Mark Eugen Villiger and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-05 with Law categories.


In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.



The Changing Nature Of Customary International Law


The Changing Nature Of Customary International Law
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Author : Noora Arajärvi
language : en
Publisher: Routledge
Release Date : 2014-04-24

The Changing Nature Of Customary International Law written by Noora Arajärvi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Law categories.


This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.



Admissibility Of Evidence In Eu Cross Border Criminal Proceedings


Admissibility Of Evidence In Eu Cross Border Criminal Proceedings
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Author : Lorena Bachmaier Winter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-05-16

Admissibility Of Evidence In Eu Cross Border Criminal Proceedings written by Lorena Bachmaier Winter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-16 with Law categories.


This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.



Regional Approaches To The Protection Of Asylum Seekers


Regional Approaches To The Protection Of Asylum Seekers
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Author : Ademola Abass
language : en
Publisher: Routledge
Release Date : 2016-04-08

Regional Approaches To The Protection Of Asylum Seekers written by Ademola Abass and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Political Science categories.


This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.



The Evolving Protection Of Prisoners Rights In Europe


The Evolving Protection Of Prisoners Rights In Europe
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Author : Gaëtan Cliquennois
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30

The Evolving Protection Of Prisoners Rights In Europe written by Gaëtan Cliquennois and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.


The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.



Protection From Refuge


Protection From Refuge
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Author : Kate Ogg
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-24

Protection From Refuge written by Kate Ogg 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 2022-03-24 with Law categories.


The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.



Blasphemy And Freedom Of Expression


Blasphemy And Freedom Of Expression
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Author : Jeroen Temperman
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-16

Blasphemy And Freedom Of Expression written by Jeroen Temperman 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 2017-11-16 with Law categories.


This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.



International Organizations And The Fight For Accountability


International Organizations And The Fight For Accountability
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Author : Carla Ferstman
language : en
Publisher: Oxford University Press
Release Date : 2017-08-11

International Organizations And The Fight For Accountability written by Carla Ferstman 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 2017-08-11 with Law categories.


International organizations have increasingly taken on state or quasi state-like functions in order to exercise control over individuals and societies, most pressingly in contexts of conflict and transition. Their engagement in peace operations has progressively widened, with mandates now regularly including the protection of civilian populations and, in several new operations, containing peace enforcement responsibilities with active combat duties. This increases the risk that their conduct may infringe human rights and international humanitarian law. This book explores the ways in which the principles of accountability and reparation apply to international organizations. When considering whether international organizations are obliged to afford reparation and to whom it is owed, as well as what it entails, we are confronted with the challenge of understanding how the law of responsibility intersects with specialized regimes of human rights and international humanitarian law, particularly in its application to individuals. The justifications for organizational immunities and other limits on international organizations' responsibilities were conceived to ensure IOs independence from state influences and their capacity to engage in often difficult circumstances. Many, if not all, of these rationales remain relevant today, yet disciplinary, oversight, and judicial structures that exist in state administrations to promote accountability and forestall abuses have only partially been put into place for international organizations. At the same time, individuals affected by their conduct have had no, or only cursory recourse to domestic, regional and international courts and they have not been able to rely on their states of nationality to pursue claims on their behalf.



The European Court Of Human Rights


The European Court Of Human Rights
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Author : Angelika Nussberger
language : en
Publisher: Elements of International Law
Release Date : 2020

The European Court Of Human Rights written by Angelika Nussberger and has been published by Elements of International Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.


Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.