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The Interpretation And Application Of The European Convention Of Human Rights


The Interpretation And Application Of The European Convention Of Human Rights
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The Interpretation And Application Of The European Convention Of Human Rights


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.



Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law


Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law
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Author : Janneke Gerards
language : en
Publisher:
Release Date : 2014

Implementation Of The European Convention On Human Rights And Of The Judgments Of The Ecthr In National Case Law written by Janneke Gerards and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Convention for the Protection of Human Rights and Fundamental Freedoms ǂd (1950 November 5) categories.


This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.



Introduction To The European Convention On Human Rights


Introduction To The European Convention On Human Rights
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Author : Jean-François Renucci
language : en
Publisher: Council of Europe
Release Date : 2005-01-01

Introduction To The European Convention On Human Rights written by Jean-François Renucci 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 2005-01-01 with Law categories.


The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.



The Margin Of Appreciation


The Margin Of Appreciation
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Author : Steven C. Greer
language : en
Publisher: Council of Europe
Release Date : 2000-01-01

The Margin Of Appreciation written by Steven C. Greer 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 2000-01-01 with Political Science categories.


The term 'margin of appreciation' has been used for some time to refer to the room for manoeuvre that the Strasbourg institutions are prepared to accord national authorities in fulfilling some of their principal obligations under the European Convention for Human Rights. This document proposes how the meaning of the term may be given greater clarity, coherence and consistency.



The European Convention On Human Rights


The European Convention On Human Rights
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Author : William A. Schabas
language : en
Publisher: Oxford University Press
Release Date : 2015-09-24

The European Convention On Human Rights written by William A. Schabas 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 2015-09-24 with Law categories.


The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.



Hard Power And The European Convention On Human Rights


 Hard Power And The European Convention On Human Rights
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Author : Peter Kempees
language : en
Publisher: BRILL
Release Date : 2020-11-16

Hard Power And The European Convention On Human Rights written by Peter Kempees and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-16 with Law categories.


The European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in ‘hard power’ situations – that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions. That guidance is precisely what this book aims to offer. It focuses primarily on States’ accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.



A Theory Of Interpretation Of The European Convention On Human Rights


A Theory Of Interpretation Of The European Convention On Human Rights
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Author : George Letsas
language : en
Publisher:
Release Date : 2007

A Theory Of Interpretation Of The European Convention On Human Rights written by George Letsas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.




The European Convention On Human Rights And General International Law


The European Convention On Human Rights And General International Law
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Author : Anne van Aaken
language : en
Publisher:
Release Date : 2018

The European Convention On Human Rights And General International Law written by Anne van Aaken and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.


This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.



The Interpretation And Application Of The European Convention Of Human Rights


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 : 2012-12-07

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 2012-12-07 with Law categories.


The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law



The European System For The Protection Of Human Rights


The European System For The Protection Of Human Rights
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Author : Ronald Macdonald
language : en
Publisher: BRILL
Release Date : 1993-01-01

The European System For The Protection Of Human Rights written by Ronald Macdonald and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Law categories.