Resolving Conflicts Between Human Rights
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Human Rights And Conflict
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Author : Julie Mertus
language : en
Publisher: US Institute of Peace Press
Release Date : 2006
Human Rights And Conflict written by Julie Mertus and has been published by US Institute of Peace Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Political Science categories.
'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.
Resolving Conflicts Between Human Rights
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Author : Stijn Smet
language : en
Publisher: Routledge
Release Date : 2016-11-10
Resolving Conflicts Between Human Rights written by Stijn Smet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.
When Human Rights Clash At The European Court Of Human Rights
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Author : Stijn Smet
language : en
Publisher: Oxford University Press
Release Date : 2017-07-21
When Human Rights Clash At The European Court Of Human Rights written by Stijn Smet 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 2017-07-21 with Law categories.
The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.
Methods Of Resolving Conflicts Between Treaties
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Author : Seyed-Ali Sadat-Akhavi
language : en
Publisher: BRILL
Release Date : 2021-10-18
Methods Of Resolving Conflicts Between Treaties written by Seyed-Ali Sadat-Akhavi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.
Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.
Human Rights And Conflict Resolution In Context
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Author : Eileen F. Babbitt
language : en
Publisher: Syracuse University Press
Release Date : 2009-09-09
Human Rights And Conflict Resolution In Context written by Eileen F. Babbitt and has been published by Syracuse University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-09 with Political Science categories.
Preventing sweeping human rights violations or wars and rebuilding societies in their aftermath require an approach encompassing the perspectives of both human rights advocates and practitioners of conflict resolution. While these two groups work to achieve many of the same goals—notably to end violence and loss of life—they often make different assumptions, apply different methods, and operate under different values and institutional constraints. As a result, they may adopt conflicting or even mutually exclusive approaches to the same problem. Eileen F. Babbitt and Ellen L. Lutz have collected groundbreaking essays exploring the relationship between human rights and conflict resolution. Employing a case study approach, the contributing authors examine three areas of conflict—Sierra Leone, Colombia, and Northern Ireland—from the perspectives of participants in both the peace-making and human rights efforts in each country. By spotlighting the role of activists and reflecting on what was learned in these cases, this volume seeks to push scholars and practitioners of both conflict resolution and human rights to think more creatively about the intersection of these two fields.
Hierarchy In International Law The Place Of Human Rights
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Author : Erika De Wet
language : en
Publisher: OUP Oxford
Release Date : 2012-02-16
Hierarchy In International Law The Place Of Human Rights written by Erika De Wet and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-16 with Law categories.
This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex. In resolving conflicts between human rights obligations and other areas of international law, the practice of judicial bodies, both domestic and international, is crucial. Judicial practice indicates that norm conflicts typically manifest themselves in situations where human rights obligations are at odds with other international obligations, such as immunities; extradition and refoulement; trade and investment law; and environmental protection. This book sets out and analyses the relevant case law in all of these areas.
Founding A Global Human Rights Culture For Trade Marks
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Author : Genevieve Wilkinson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Founding A Global Human Rights Culture For Trade Marks written by Genevieve Wilkinson 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 2023-08-14 with Political Science categories.
This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed.
The Role And Extent Of A Proportionality Analysis In The Judicial Assessment Of Human Rights Limitations Within International Criminal Proceedings
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Author : Nicolas A.J. Croquet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2016-01-12
The Role And Extent Of A Proportionality Analysis In The Judicial Assessment Of Human Rights Limitations Within International Criminal Proceedings written by Nicolas A.J. Croquet 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 2016-01-12 with Law categories.
The aim of this monograph is to analyze how the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court have resorted to proportionality and other limitation techniques when placing implied external limits upon the exercise of substantive and procedural human rights enjoyed by the accused and other actors affected by international criminal proceedings. Implied external limits in this context are defined as those limits that override the exercise of a human right on public interest grounds or on grounds relating to competing human rights and that either fall outside the scope of a limitation/qualification clause of an international criminal court's internal legal instruments or go beyond its express and ordinary terms. The present monograph will point to various sources of legal uncertainty which international criminal courts have generated in the limitation process of those human rights relevant to international criminal proceedings and to the definition of international crimes. The monograph will examine the relation between human rights, limitations on human rights standards and proportionality under international criminal procedural law and international criminal law (understood substantively) in light of the limitation and proportionality practices of international human rights monitoring bodies.
Neutrosophic Sets And Systems Vol 62 2023 Neutrosophic Advancements And Their Impact On Research In Latin America
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Author : Florentin Smarandache
language : en
Publisher: Infinite Study
Release Date : 2023-12-15
Neutrosophic Sets And Systems Vol 62 2023 Neutrosophic Advancements And Their Impact On Research In Latin America written by Florentin Smarandache and has been published by Infinite Study this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-15 with Mathematics categories.
In the ever-evolving landscape of contemporary research, the utilization of neutrosophic methods has burgeoned into an innovative and multidisciplinary approach, offering profound insights and solutions to intricate issues spanning education, law, and healthcare. This expanded preface not only introduces a unique collection of articles authored by experts from Mexico, Peru, Cuba, Spain, Chile, Brazil, República Dominicana, Colombia, Estados Unidos, Uruguay, Panamá, Canada, Paraguay and Ecuador but also underscores the transformative impact of neutrosophic research on the fabric of Latin American society. The growth of research in neutrosophy has been particularly pronounced, manifesting its influence across diverse domains. In the realm of education, researchers are exploring novel ways to integrate neutrosophic principles into pedagogical strategies, fostering a nuanced understanding of complex subjects and encouraging critical thinking among students. Neutrosophy has thus become a cornerstone in shaping the educational landscape, challenging traditional paradigms and encouraging a more comprehensive approach to learning. Furthermore, the legal arena has witnessed a paradigm shift with the incorporation of neutrosophic decisionmaking. The nuanced and balanced perspectives offered by neutrosophy have proven instrumental in addressing legal complexities, contributing to a more equitable and just legal system. The articles in this collection delve into the application of neutrosophic models in legal frameworks, highlighting their potential to revolutionize the practice of law in the region. In the healthcare sector, the adoption of neutrosophic modeling for resource allocation signifies a departure from conventional approaches. By incorporating the inherent uncertainty and indeterminacy of healthcare decision-making, researchers are paving the way for more adaptive and responsive healthcare systems. This collection explores the potential of neutrosophic methods to optimize healthcare resource allocation, thereby enhancing the quality of care provided to diverse communities. A noteworthy development accompanying this surge in neutrosophic research is the establishment and growth of the Latin American Association of Neutrosophic Clinics. This association serves as a nexus for collaboration, fostering interdisciplinary exchanges and providing a platform for researchers and practitioners to share their advancements and challenges. The association’s commitment to promoting neutrosophic research across Latin America is exemplified by its flagship publication, the "Neutrosophic Computing and Machine Learning" journal. Undoubtedly, the pioneering efforts of Dr. Florentin Smarandache and Dr. Mohamed Abdel-Baset have played a pivotal role in nurturing the growth of neutrosophy in the region. Their unwavering support, both in terms of advocacy and research contributions, has catalyzed the expansion of neutrosophic studies in Latin America. This collection, in many ways, stands as a testament to their enduring commitment and the collaborative spirit that propels the field forward. This collection of articles represents not only a snapshot of the current state of neutrosophic research in Latin America but also a testament to its transformative potential. As readers delve into these contributions, they are invited to witness the ongoing evolution of neutrosophy and its profound implications for education, law, healthcare, and beyond.
Positive Obligations Under The European Convention On Human Rights
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Author : Vladislava Stoyanova
language : en
Publisher: Oxford University Press
Release Date : 2023
Positive Obligations Under The European Convention On Human Rights written by Vladislava Stoyanova 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 2023 with Law categories.
Positive Obligations under the European Convention on Human Rights provides novel insight into the elements underlying a state's responsibility to fulfil positive obligations. It is essential reading for academics, legal practitioners, and policymakers working across the diverse fields in which positive human rights obligations may apply.