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Author : Eric A. Engle
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.:/5 (165 download)
Download or read book Alien Torts in Europe? written by Eric A. Engle and published by . This book was released on 2005 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Eric Engle
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Alien Torts in Europe? Human Rights and Tort in European Law written by Eric Engle and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It concludes that the laws examined are examples of universal jurisdiction and rights and duties of private persons under international law, which are two key elements of the post-Westphalian state system.
Author : Ewa Bagińska
Publisher : Springer
ISBN 13 : 3319189506
Total Pages : 488 pages
Book Rating : 4.3/5 (191 download)
Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Author : Ralph Gustav Steinhardt
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004632719
Total Pages : 457 pages
Book Rating : 4.0/5 (46 download)
Download or read book The Alien Tort Claims ACT written by Ralph Gustav Steinhardt and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
Author : Gwynne L. Skinner
Publisher : Cambridge University Press
ISBN 13 : 110719931X
Total Pages : 199 pages
Book Rating : 4.1/5 (71 download)
Download or read book Transnational Corporations and Human Rights written by Gwynne L. Skinner and published by Cambridge University Press. This book was released on 2020-08-20 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This account of business-related human rights violations details the barriers victims face when seeking remedies and offers policy solutions.
Author : Albrecht Randelzhofer
Publisher : BRILL
ISBN 13 : 9004632891
Total Pages : 310 pages
Book Rating : 4.0/5 (46 download)
Download or read book State Responsibility and the Individual written by Albrecht Randelzhofer and published by BRILL. This book was released on 2023-11-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : David Moya
Publisher : BRILL
ISBN 13 : 9004465693
Total Pages : 306 pages
Book Rating : 4.0/5 (44 download)
Download or read book Aliens before the European Court of Human Rights written by David Moya and published by BRILL. This book was released on 2021-07-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.
Author : Kanstantsin Dzehtsiarou
Publisher : Routledge
ISBN 13 : 1135971935
Total Pages : 398 pages
Book Rating : 4.1/5 (359 download)
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Author : Stefan Somers
Publisher :
ISBN 13 : 9781780686837
Total Pages : 0 pages
Book Rating : 4.6/5 (868 download)
Download or read book The European Convention on Human Rights as an Instrument of Tort Law written by Stefan Somers and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Council of Europe/Conseil de L'Europe
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004638121
Total Pages : 484 pages
Book Rating : 4.0/5 (46 download)
Download or read book Human Rights of Aliens in Europe written by Council of Europe/Conseil de L'Europe and published by Martinus Nijhoff Publishers. This book was released on 1985-11 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Koebele
Publisher : BRILL
ISBN 13 : 9047427114
Total Pages : 428 pages
Book Rating : 4.0/5 (474 download)
Download or read book Corporate Responsibility under the Alien Tort Statute written by Michael Koebele and published by BRILL. This book was released on 2009-04-24 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9024732158
Total Pages : 486 pages
Book Rating : 4.0/5 (247 download)
Download or read book Human Rights of Aliens in Europe written by and published by Martinus Nijhoff Publishers. This book was released on 1985-11-04 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a record of the proceedings of a colloquy on 'Human Rights of Aliens in Europe'. The Colloquy was organised by the Secretariat General of the Council of Europe, and held in Madiera, Portugal from the 17 to 19 October 1983. The three themes of the Colloquy were: the admission of aliens into the territory of the host country and their residence there, participation of aliens in public affairs (political and associative life) and the fact that aliens belong to various cultures and the tension which this creates. Separate sessions were devoted to each theme. On the admission of aliens to the territory of the host country and his residence there, it was proposed by one participant that only 'real' as opposed to 'fictitious' families should be considered as eligible to the special consideration of family reunification in the refugee admission procedure of states. It was pointed out, however, that it is far from easy to come to a clear definition of the 'family'. Discussion also touched on the right of aliens to have the assistance of an interpreter for legal civil, criminal and administrative proceedings, the relation of asylum and extradition, and what measures could be taken within the Council of Europe to promote better compliance on the part of states to European Conventions. On the participation of aliens in public affairs, there was discussion on the right of aliens, especially of migrant workers, to vote at the local level and the question of participation in home elections while abroad. Discussion on the third theme centered upon whether government immigration policy and the treatment of resident aliens should be based on a concept of aliens as being a threat to the European society or whether the contact between peoples brought about by immigration could result in mutually beneficial changes.
Author : Anthony A. D'Amato
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 478 pages
Book Rating : 4.F/5 ( download)
Download or read book The Alien Tort Claims Act written by Anthony A. D'Amato and published by Brill Nijhoff. This book was released on 1999 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
Author : Javier García Roca
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004219919
Total Pages : 690 pages
Book Rating : 4.0/5 (42 download)
Download or read book Europe of Rights: A Compendium on the European Convention of Human Rights written by Javier García Roca and published by Martinus Nijhoff Publishers. This book was released on 2012-03-20 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.
Author : Elspeth Guild
Publisher : BRILL
ISBN 13 : 9004480994
Total Pages : 256 pages
Book Rating : 4.0/5 (44 download)
Download or read book Security of Residence and Expulsion written by Elspeth Guild and published by BRILL. This book was released on 2021-12-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although all European states grant some form of secure residence status to foreign nationals, substantial differences persist among them in the rights pertaining to that status, the grounds for losing it, and the degree of protection against expulsion. This volume explores the law protecting aliens in Europe under four headings: - The legal framework provided at the European level by the European Convention on Human Rights (especially Articles 3 and 8), its case law, and various subsidiary instruments of the Council of Europe; evolving European Union law based on the principle of freedom of movement, agreements between the EU and non-member states, and the 1997 draft convention on migration policies; and the implementation of this supra-national law at the national level; - The effect in the Nordic region and the Common Travel Area of the abolition of border controls, with special attention to the question of compensatory measures; - The issue of double jeopardy arising from the use of expulsion in conjunction with a criminal sentence, as illustrated in French and German case law; - The legal `balancing act' required in many cases to protect the public interest without violating a person's legitimate right to a secure residence, taking into consideration the potentially conflicting interests of the receiving state and the foreign national. Security of Residence and Expulsion: Protection of Aliens in Europe offers clear guidelines for policymakers on harmonising the principles underlying legislation in this area of critical and growing importance in European life. It will be of great value to practitioners and academics concerned with the extension of existing rules governing security of residence and protection against expulsion for long-term immigrants and their families.
Author : Ronald Macdonald
Publisher : BRILL
ISBN 13 : 9004633596
Total Pages : 970 pages
Book Rating : 4.0/5 (46 download)
Download or read book The European System for The Protection of Human Rights written by Ronald Macdonald and published by BRILL. This book was released on 1993-01-01 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Patricia Popelier
Publisher :
ISBN 13 : 9781780680101
Total Pages : 0 pages
Book Rating : 4.6/5 (81 download)
Download or read book Human Rights Protection in the European Legal Order written by Patricia Popelier and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring the protection of human rights in Europe has become a highly complex exercise. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but they also need to have a clear understanding of the human rights catalogue that is to be applied (i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights). This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. While other books take either a European or a national approach, this book studies both the co-existence between the European Court of Human Rights and the European Court of Justice, and the impact of this dual mechanism of European human rights protection on the protection offered within specific EU Member States. This makes the book valuable for academics and practitioners who specialize in fundamental rights, EU law, or constitutional law. (Series: Law and Cosmopolitan Values - Vol. 1)
