Monetary Remedies For Breach Of Human Rights
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Monetary Remedies For Breach Of Human Rights
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Author : Lisa Tortell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-11-13
Monetary Remedies For Breach Of Human Rights written by Lisa Tortell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-13 with Law categories.
This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy. The first part describes the cause of action in three jurisdictions: the United States of America, India and New Zealand. The second part discusses two insights resulting from a comparative analysis of these three jurisdictions. The first is a list of four common questions that, when answered, structure the cause of action. These questions address what the cause of action protects, who the cause of action protects, against whom the cause of action is directed, and what the court orders. The second is a list of four overarching influences that affected the answers given to those questions in the three jurisdictions, so completing the structure of the causes of action. These influences are the cause of action's source, age, wider context and internal context. Putting these two chapters together provides a generalised outline of the causes of action. In the third part of the book the analysis is turned around. The generalised framework is assessed as a way in which to categorise the development and shape of the cause of action in England under the Human Rights Act 1998. The book concludes that a generic structure of the cause of action is common to the three jurisdictions studied and that the differences between the jurisdictions can be explained by influences that affect the causes of action in different ways. Further, this generalised framework is of relevance beyond the three jurisdictions from which it was drawn; it can be used as a guide by other jurisdictions in which such a cause of action either exists or will develop in the future.
Monetary Remedies For Breach Of Human Rights
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Author : Lisa Ann Tortell
language : en
Publisher:
Release Date : 2006
Monetary Remedies For Breach Of Human Rights written by Lisa Ann Tortell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Causes of actions categories.
This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy. The first part describes the cause of action in three jurisdictions: the United States of America, India and New Zealand. The second part discusses two insights resulting from a comparative analysis of these three jurisdictions. The first is a list of four common questions that, when answered, structure the cause of action. These questions address what the cause of action protects, who the cause of action protects, against whom the c.
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.
Private Law Remedies For Extraterritorial Human Rights Violations
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Author :
language : en
Publisher: Eric Engle
Release Date : 2006
Private Law Remedies For Extraterritorial Human Rights Violations written by and has been published by Eric Engle this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
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.
Remedies In International Human Rights Law
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Author : Dinah Shelton
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
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 2015 with Law categories.
Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in 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.
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide
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Author : Cordula Dröge
language : en
Publisher:
Release Date : 2006
The Right To A Remedy And To Reparation For Gross Human Rights Violations A Practitioners Guide written by Cordula Dröge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Government liability (International law) categories.
Remedies For Human Rights Violations
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Author : Kent Roach
language : en
Publisher:
Release Date : 2021
Remedies For Human Rights Violations written by Kent Roach and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Human rights categories.
"An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights"--
Remedies For Torts And Breach Of Contract
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
Remedies For Torts And Breach Of Contract written by Andrew S. Burrows 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 2004 with Breach of contract categories.
Now in its third edition this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. Reflecting their increased importance in practice, and the considerable recent academic attention devoted to them, there is also a new chapter on remedies for equitable wrongs such as breach of fiduciary duty and reach of confidence.