The European Convention On Human Rights As An Instrument Of Tort Law
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The European Convention On Human Rights As An Instrument Of Tort Law
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Author : Stefan Somers
language : en
Publisher:
Release Date : 2018
The European Convention On Human Rights As An Instrument Of Tort Law written by Stefan Somers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
Tort law and human rights belong to different areas of law, namely private and public law. Nevertheless, the European Convention on Human Rights increasingly influences national tort law of signatory states, both on the vertical level of state liability and on the horizontal level between private persons. An individual can appeal to the European Convention on Human Rights in order to challenge national tort law in two situations: where he is held accountable under national tort law for exercising his Conventions rights, and where national law does not provide effective compensation in accordance with Article 13. The second method is strongly connected with the practice of the European Court of Human Rights to award compensations itself on the basis of Article 41. A compensation in national tort law is considered to be effective according to Article 13 when it is comparatively in line with the compensations of the European Court of Human Rights granted on the basis of Article 41. This raises the important question as to how compensations under Article 41 are made by the European Court of Human Rights. The European Convention on Human Rights as an Instrument of Tort Law examines the entanglement of public and private and national and transnational law in detail and argues that while the Court uses a different terminology, it applies principles that are very similar to those of national tort law and that the Court has developed a compensatory practice that can be described as a tort law system. Stefan Somers is a professor at the Free University of Brussels (VUB) where he lectures on the law of obligations. He is also a trainee judge and prosecutor at the Court of First Instance and the Commercial Court, Antwerp.
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.
The European Convention On Human Rights As An Instrument Of Tort Law
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Author : Stefan Somers
language : en
Publisher:
Release Date : 2018
The European Convention On Human Rights As An Instrument Of Tort Law written by Stefan Somers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
This book provides a detailed examination of the European Court of Human Rights' practice to award compensation under Article 41 of the European Convention on Human Rights and its consequences.
The European Convention On Human Rights And General International Law
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Author : Anne van Aaken
language : en
Publisher: European Society of Internatio
Release Date : 2018-10-11
The European Convention On Human Rights And General International Law written by Anne van Aaken and has been published by European Society of Internatio this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-11 with Law categories.
The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
The European Convention On Human Rights And The Employment Relation
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Author : Filip Dorssemont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-11-25
The European Convention On Human Rights And The Employment Relation written by Filip Dorssemont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-25 with Law categories.
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
Harris O Boyle And Warbrick Law Of The European Convention On Human Rights
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Author : David Harris
language : en
Publisher: Oxford University Press
Release Date : 2023-03-16
Harris O Boyle And Warbrick Law Of The European Convention On Human Rights written by David Harris 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 2023-03-16 with categories.
Now in its fifth edition, Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.Digital formatsThis fifth edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Law Of The European Convention On Human Rights
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Author : David John Harris
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1995
Law Of The European Convention On Human Rights written by David John Harris and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
2. The right to marry
The Interpretation And Application Of The European Convention Of Human Rights
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Author : Malgosia Fitzmaurice
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-30
The Interpretation And Application Of The European Convention Of Human Rights written by Malgosia Fitzmaurice 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 2012-11-30 with Law categories.
In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law. The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.
A Practitioner S Guide To The European Convention On Human Rights
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Author : Karen Reid
language : en
Publisher:
Release Date : 2015
A Practitioner S Guide To The European Convention On Human Rights written by Karen Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Convention for the Protection of Human Rights and Fundamental Freedoms categories.
This is a practical, analytical guide to case law under the European Convention. It shows the type of case which is usually successful, those cases which have failed, and those which have not yet been raised, but could be successful.
The European Convention On Human Rights
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Author : Richard F. Holley
language : en
Publisher:
Release Date : 1986
The European Convention On Human Rights written by Richard F. Holley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with categories.
