The Inter State Application Under The European Convention On Human Rights
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The Inter State Application Under The European Convention On Human Rights
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Author : Isabella Risini
language : en
Publisher: BRILL
Release Date : 2018-05-09
The Inter State Application Under The European Convention On Human Rights written by Isabella Risini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-09 with Law categories.
The comprehensive analysis about the Inter-State Application under the ECHR by Isabella Risini fills a gap in the literature. The study provides an informed proposal to strengthen the protection of human rights in Europe and the role of the Court.
The Positive Obligations Of The State Under The European Convention Of Human Rights
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Author : Dimitris Xenos
language : en
Publisher: Taylor & Francis
Release Date : 2012-04-27
The Positive Obligations Of The State Under The European Convention Of Human Rights written by Dimitris Xenos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Law categories.
The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
The European Convention On Human Rights And General International Law
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Author : Anne van Aaken
language : en
Publisher: Oxford University Press
Release Date : 2018-10-04
The European Convention On Human Rights And General International Law written by Anne van Aaken 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 2018-10-04 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.
Just Satisfaction Under The European Convention On Human Rights
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Author : Octavian Ichim
language : en
Publisher: Cambridge University Press
Release Date : 2015
Just Satisfaction Under The European Convention On Human Rights written by Octavian Ichim 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 2015 with Law categories.
The most comprehensive account on the question of reparation before a human rights court.
Protocol No 11 To The Convention For The Protection Of Human Rights And Fundamental Freedoms
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 1994-01-01
Protocol No 11 To The Convention For The Protection Of Human Rights And Fundamental Freedoms written by Council of Europe 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 1994-01-01 with Political Science categories.
The European Convention For The Protection Of Human Rights
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Author : Mireille Delmas-Marty
language : en
Publisher: BRILL
Release Date : 2021-10-25
The European Convention For The Protection Of Human Rights written by Mireille Delmas-Marty and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-25 with Law categories.
The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.
The Influence Of Human Rights On International Law
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Author : Norman Weiß
language : en
Publisher: Springer
Release Date : 2015-02-25
The Influence Of Human Rights On International Law written by Norman Weiß and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-25 with Law categories.
This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
The Application Of The European Convention On Human Rights
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Author : James Edmund Sandford Fawcett
language : en
Publisher: Oxford University Press, USA
Release Date : 1987
The Application Of The European Convention On Human Rights written by James Edmund Sandford Fawcett 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 1987 with Civil rights categories.
Convention on Human Rights. It describes the reports and.
European Convention On Human Rights Year 1971
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Author : Council of Europe/Conseil de L'Europe
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1973-07-01
European Convention On Human Rights Year 1971 written by Council of Europe/Conseil de L'Europe 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 1973-07-01 with Political Science categories.
This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.
Human Rights Imperialists
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Author : Conall Mallory
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-16
Human Rights Imperialists written by Conall Mallory and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Political Science categories.
To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.