Towards Convergence In International Human Rights Law
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Towards Convergence In International Human Rights Law
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Author : Carla M. Buckley
language : en
Publisher: BRILL
Release Date : 2016-11-10
Towards Convergence In International Human Rights Law written by Carla M. Buckley and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-10 with Law categories.
In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.
The Law Of International Human Rights Protection
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Author : Walter Kälin
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-08-29
The Law Of International Human Rights Protection written by Walter Kälin 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 2019-08-29 with Law categories.
At a time when human rights are coming under increasing pressure, in-depth knowledge and understanding of their foundations, conceptual underpinnings and current practice remain crucial. The second edition of Walter Kalin and Jorg Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. Based, in particular, on a wide-ranging analysis of international case-law, the book focuses on the sources and scope of application of human rights and a discussion of their substantive guarantees. Further chapters describe the different mechanisms to monitor the implementation of human rights obligations, ranging from the regional human rights courts in Africa, the Americas and Europe and the UN treaty bodies to the international criminal tribunals, the International Court of Justice and the UN Security Council. The book is based on an understanding of human rights as legal concepts that address basic human needs and vulnerabilities, and highlights the indivisibility of civil and political rights on the one and economic, social and cultural rights on the other hand. It also highlights the convergence of international human rights and international humanitarian law and the interlinkages with international criminal law as well as general international law, in particular the law of state responsibility.
Judicial Convergence And Fragmentation In International Human Rights Law
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Author : Elena Abrusci
language : en
Publisher: Cambridge University Press
Release Date : 2022-12-31
Judicial Convergence And Fragmentation In International Human Rights Law written by Elena Abrusci 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 2022-12-31 with Political Science categories.
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
A Farewell To Fragmentation
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Author : Mads Tønnesson Andenæs
language : en
Publisher: Cambridge University Press
Release Date : 2015-10-09
A Farewell To Fragmentation written by Mads Tønnesson Andenæs 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 2015-10-09 with Law categories.
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Judicial Covergence And Fragmentation In International Human Rights Law
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Author : Elena Abrusci
language : en
Publisher: Cambridge University Press
Release Date : 2022-12-31
Judicial Covergence And Fragmentation In International Human Rights Law written by Elena Abrusci 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 2022-12-31 with Law categories.
An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
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.
International Human Rights Law
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Author : Riccardo Pisillo Mazzeschi
language : en
Publisher: Springer Nature
Release Date : 2021-09-29
International Human Rights Law written by Riccardo Pisillo Mazzeschi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-29 with Law categories.
This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI).
Convergence And Conflicts
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Author : Erika De Wet
language : en
Publisher:
Release Date : 2014
Convergence And Conflicts written by Erika De Wet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Human rights categories.
International Human Rights And Humanitarian Law
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Author : Francisco Forrest Martin
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-16
International Human Rights And Humanitarian Law written by Francisco Forrest 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 2006-01-16 with Political Science categories.
International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.
International Human Rights Law In A Global Context
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Author : Felipe Gómez Isa
language : en
Publisher: Universidad de Deusto
Release Date : 2009-01-01
International Human Rights Law In A Global Context written by Felipe Gómez Isa and has been published by Universidad de Deusto this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.
The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).