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The Civil Rights Injunction For The Protection Of Fundamental Rights


The Civil Rights Injunction For The Protection Of Fundamental Rights
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The Civil Rights Injunction For The Protection Of Fundamental Rights


The Civil Rights Injunction For The Protection Of Fundamental Rights
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Author : Allan R. Brewer Carias
language : en
Publisher: Ediciones Olejnik
Release Date : 2023-11-24

The Civil Rights Injunction For The Protection Of Fundamental Rights written by Allan R. Brewer Carias and has been published by Ediciones Olejnik this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-24 with Law categories.


"This book on The Civil Rights Injunction for the protection of Funda-mental Rights. The Latin American «Amparo» Proceeding, is the original version of the text I wrote for the Couse of Lectures I gave, as Adjunct Professor of Law, on a Seminar on Judicial Protection of Fundamental Rights in Latin America: the Amparo Proceeding, at the Columbia Law School in New York, University of Columbia, during the years 2006-2008. The Seminar was intended to examine the most recent trends in the constitutional and legal regulations in all Latin American countries regarding the “amparo” suit, action or recourse– including the old habeas corpus writ and the new habeas data actions or recourses. By means of a comparative constitutional law approach, also with reference to the United States civil rights injunctions, the Course analyzed this Latin American institution departing from the regulation of the “amparo” guarantee established in Article 25 of the 1969 American Convention of Human Rights which entered into force in 1978 after being ratified by all Latin American States. The amparo suit or proceeding is not only an effective judicial means for the restoration of the injured constitutional rights that has been harmed, similar to the reparative or restorative civil rights injunctions in the United States, but it is also the effective judicial means for the protection of such rights and guaranties when threatened to be violated or harmed. This latter amparo suit is then similar to the preventive civil rights injunctions in the United States; “preventive” in the sense of avoiding harm; which, in this case, “seeks to prohibit some discrete act or series of acts from occurring in the future”, and is designed “to avoid future harm to a party by prohibiting or mandating certain behavior to another party”. From this point of view, thus, in a constitutional comparative law approach, the Latin American amparo action or proceeding, is a judicial remedy similar to the civil rights injunctions (restorative or preventive) in the United States". Allan R. Brewer Carías.



Copyright And Fundamental Rights In The Digital Age


Copyright And Fundamental Rights In The Digital Age
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Author : Oreste Pollicino
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-10-30

Copyright And Fundamental Rights In The Digital Age written by Oreste Pollicino 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 2020-10-30 with Law categories.


This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.



Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights


Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights
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Author : Bychawska-Siniarska, Dominika
language : en
Publisher: Council of Europe
Release Date : 2017-08-04

Protecting The Right To Freedom Of Expression Under The European Convention On Human Rights written by Bychawska-Siniarska, Dominika and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-04 with Political Science categories.


European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.



Human Rights In The Council Of Europe And The European Union


Human Rights In The Council Of Europe And The European Union
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Author : Steven Greer
language : en
Publisher: Cambridge University Press
Release Date : 2018-03-29

Human Rights In The Council Of Europe And The European Union written by Steven Greer 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 2018-03-29 with Law categories.


Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms



Injunctions Against Intermediaries In The European Union


Injunctions Against Intermediaries In The European Union
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Author : Martin Husovec
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-30

Injunctions Against Intermediaries In The European Union written by Martin Husovec 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 2017-11-30 with Law categories.


This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.



Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union


Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union
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Author : Husovec, Martin
language : en
Publisher: Cambridge University Press
Release Date :

Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union written by Husovec, Martin 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 with categories.




Injunctions


Injunctions
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Author : Owen M. Fiss
language : en
Publisher:
Release Date : 1984

Injunctions written by Owen M. Fiss and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.




Current Problems In The Protection Of Human Rights


Current Problems In The Protection Of Human Rights
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Author : Katja S Ziegler
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-01

Current Problems In The Protection Of Human Rights written by Katja S Ziegler and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.


While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.



Research Handbook On Human Rights And Intellectual Property


Research Handbook On Human Rights And Intellectual Property
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Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-02-27

Research Handbook On Human Rights And Intellectual Property written by Christophe Geiger 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 2015-02-27 with Law categories.


Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re



Corporate Social Responsibility Human Rights And The Law


Corporate Social Responsibility Human Rights And The Law
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Author : Olufemi Amao
language : en
Publisher: Routledge
Release Date : 2011-05-05

Corporate Social Responsibility Human Rights And The Law written by Olufemi Amao and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-05 with Business & Economics categories.


The control of multinational corporations is an area of law that has attracted immense attention both at national and international level. In recognition of the importance of the subject matter, the United Nations Secretary General has appointed a special representative to work in this area. The book discusses the current trend by MNCs to self regulate by employing voluntary corporate social responsibility (CSR) strategy. Olufemi Amao argues that the CSR concept is insufficient to deal with externalities emanating from MNCs’ operations, including human rights violations. Amao maintains that for CSR to be effective, the law must engage with the concept. In particular, he examines how the law can be employed to achieve this goal. While noting that the control of MNCs involves regulation at the international level, it is argued that more emphasis needs to be placed on possibilities at home, in States and host States where there are stronger bases for the control of corporations. This book will be useful to academic scholars, students, policy makers in developing countries, UN, UN Agencies, the African Union and its agencies, the European Union and its agencies and other international policy makers.