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Friendly Settlements Before The European Court Of Human Rights
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Book Synopsis Friendly Settlements Before the European Court of Human Rights by : Helen Keller
Download or read book Friendly Settlements Before the European Court of Human Rights written by Helen Keller and published by Oxford University Press. This book was released on 2010-09-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is the world's most effective human rights regime. Its Court has however become bogged down by an enormous workload and settling a case has become an attractive alternative to ordinary proceedings. This book provides a full overview of the Court's friendly settlements and suggest ways they could be improved.
Book Synopsis Against Settlement Before the European Court of Human Rights by : Veronika Fikfak
Download or read book Against Settlement Before the European Court of Human Rights written by Veronika Fikfak and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though they represent almost 50% of all reported cases before the European Court of Human Rights, settlements of human rights violations escape scholars' attention. Whilst victims are increasingly expected to resolve their disputes amicably, it is unclear whether applicants will be better off accepting settlement offers rather than proceeding to litigation. The paper charts the practice of friendly settlements before the Court from 1980s to today, mapping a shift in approach from seeking bilateral solutions to the proactive role of the Registry as mediator encouraging states and applicants to settle their cases to relieve the Court of the heavy workload. The study of 10,500 cases reveals how strategies adopted by the Registry - from procedural changes to how and when consent is given to settlement, to the framing of settlement offers and a close relationship with representatives of the respondent state - have favoured the most frequent violators of the Convention and sidelined the interests of the applicant. The analysis uncovers that the imbalance between parties and lack of enforcement are very much present in the ECtHR settlement system and that the active role of the Registry has reinforced, rather than redressed these concerns. The findings expose the dangers of pursuing en masse settlement in the human rights context and raise concerns about achieving long-term justice for victims of human rights violations through other means than adjudication.
Book Synopsis The European Court of Human Rights by : Helmut P. Aust
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Book Synopsis The individual application under the European Convention on Human Rights by : Linos-Alexandre Sicilianos
Download or read book The individual application under the European Convention on Human Rights written by Linos-Alexandre Sicilianos and published by Council of Europe. This book was released on 2019-06-27 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable practical guide for any potential applicant and any legal professional This book, which is a practical guide aimed at both professional lawyers and potential applicants, clearly and comprehensively describes and analyses the main stages in the processing of an application before the organs of the European Convention on Human Rights. Detailed descriptions are provided of the Convention system, the Rules of the European Court of Human Rights and the procedures which the Court has developed to expedite and optimise case processing. Crafted by two specialists on the Convention, Linos-Alexandre Sicilianos, the current President of the European Court of Human Rights, and Maria-Andriani Kostopoulou, a lawyer at the Greek Court of Cassation, the book does not merely explain how to prepare and lodge an application, in particular as regards the formal requirements and admissibility criteria; it also presents a detailed assessment of a case by the various formations of the Court, covering all stages right through to the conclusion of proceedings. Finally, having analysed the judicial stage, the book goes on to describe the procedure for supervision of the execution of judgments before the Committee of Ministers of the Council of Europe.
Book Synopsis Taking a Case to the European Court of Human Rights by : Philip Leach
Download or read book Taking a Case to the European Court of Human Rights written by Philip Leach and published by Oxford University Press, USA. This book was released on 2011-08-11 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous editions published : 2nd (2005) and 1st (2001).
Book Synopsis The Reception of International Law in the European Court of Human Rights by : Magdalena Forowicz
Download or read book The Reception of International Law in the European Court of Human Rights written by Magdalena Forowicz and published by . This book was released on 2010 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.
Book Synopsis The Practice and Procedure of the Inter-American Court of Human Rights by : Jo M. Pasqualucci
Download or read book The Practice and Procedure of the Inter-American Court of Human Rights written by Jo M. Pasqualucci and published by Cambridge University Press. This book was released on 2003-07-10 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jo M. Pasqualucci provides a comprehensive critique of the Inter-American Court of Human Rights, which is at once scholarly yet practical. She analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction, and provisional measures orders. When relevant, she compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the International Court of Justice, and the United Nations Human Rights Committee. She also evaluates the Rules of Procedure of the Inter-American Court and the Inter-American Commission, which entered into force in May and June of 2001 and bring about important procedural changes in the inter-relationship of those organs. In addition, she cites the effectiveness of the Convention and the Court's rulings in the domestic law of the States Parties to the Convention. This book will provide an important resource for scholars, practitioners, and students of international human rights law and practice.
Book Synopsis Alternatives to Litigation Between Administrative Authorities and Private Parties by : Council of Europe
Download or read book Alternatives to Litigation Between Administrative Authorities and Private Parties written by Council of Europe and published by Council of Europe. This book was released on 2000-01-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternatives to litigation which can genuinely gaurantee justice while conserving resources and increasing the accountability of public administration, are of increasing interest. Conciliation, mediation and arbitration were the focus of the conference held in Lisbon in June 1999
Book Synopsis Handbook on the European Convention on Human Rights by : Mark Eugen Villiger
Download or read book Handbook on the European Convention on Human Rights written by Mark Eugen Villiger and published by BRILL. This book was released on 2022-12-05 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
Author :European Commission of Human Rights, Council of Europe Publisher :Springer ISBN 13 :9401771731 Total Pages :287 pages Book Rating :4.4/5 (17 download)
Book Synopsis European Commission of Human Rights / Commission Europeenne des Droits de l’Homme by : European Commission of Human Rights, Council of Europe
Download or read book European Commission of Human Rights / Commission Europeenne des Droits de l’Homme written by European Commission of Human Rights, Council of Europe and published by Springer. This book was released on 2014-01-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Protocol No. 14 and the Reform of the European Court of Human Rights by : Wouter Vandenhole
Download or read book Protocol No. 14 and the Reform of the European Court of Human Rights written by Wouter Vandenhole and published by Intersentia nv. This book was released on 2005 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter V. Execution of judgments.
Book Synopsis The European Convention on Human Rights by : William A. Schabas
Download or read book The European Convention on Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2015-09-24 with total page 1433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Inter-American Human Rights System by : Par Engstrom
Download or read book The Inter-American Human Rights System written by Par Engstrom and published by Palgrave Macmillan. This book was released on 2018-07-16 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together innovative work from emerging and leading scholars in international law and political science to critically examine the impact of the Inter-American Human Rights System (IAHRS). By leveraging a variety of theoretical frameworks and methodological approaches, the contributors assess the impact of the IAHRS on domestic human rights change in Latin America. More specifically, the book provides a nuanced analysis of the System’s impact by examining the ways in which the IAHRS influences domestic actors and political institutions advancing the realisation of human rights. This work will be of interest to students and scholars of human rights and Latin American politics, as well as to those engaged with the nexus of international law and domestic politics and the dynamics of international and regional institutions.
Book Synopsis The Inter-State Application under the European Convention on Human Rights by : Isabella Risini
Download or read book The Inter-State Application under the European Convention on Human Rights written by Isabella Risini and published by BRILL. This book was released on 2018-05-09 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Court of Human Rights by : Jan Sikuta
Download or read book European Court of Human Rights written by Jan Sikuta and published by T.M.C. Asser Press. This book was released on 2007-11-15 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTRODUCTION The new Human Rights Protection Mechanism has been operational since 1 N- vember 1998 when Protocol No. 11 to the European Convention on Human Rights entered into force. It substituted the then existing two-instance mec- nism consisting of the European Commission of Human Rights and the European Court of Human Rights by a permanently sitting body: the new European Court of Human Rights. The present book is a collection of decisions and judgments of the most important organ of the new Court, its Grand Chamber. It does not include all decisions and judgments delivered by the Grand Chamber. Friendly settlements, for instance, are missing, as they do not involve decisive or important legal issues. List I and List II in the back of the book, however, cover all judgments and decisions of the Grand Chamber. The relevant facts are given for each case, as well as a summary of the consid- ations and the conclusion(s).
Book Synopsis Judicial Covergence and Fragmentation in International Human Rights Law by : Elena Abrusci
Download or read book Judicial Covergence and Fragmentation in International Human Rights Law written by Elena Abrusci and published by Cambridge University Press. This book was released on 2022-12-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
Author :Council of Europe. Steering Committee for Human Rights Publisher :Council of Europe ISBN 13 :9789287166043 Total Pages :724 pages Book Rating :4.1/5 (66 download)
Book Synopsis Reforming the European Convention on Human Rights by : Council of Europe. Steering Committee for Human Rights
Download or read book Reforming the European Convention on Human Rights written by Council of Europe. Steering Committee for Human Rights and published by Council of Europe. This book was released on 2009-01-01 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European ministerial conference on human rights, meeting in Rome on the 50th anniversary of the Convention for the Protection of Human Rights and Fundamental Freedoms, emphasised two crucial elements: - the responsibility of member states, Parties to the Convention, to ensure constantly that their law and practice conform to the Convention and to execute the judgments of the European Court of Human Rights; - that urgent measures be taken to assist the Court in carrying out its functions, given the ever increasing number of applications. An in-depth reflection should be started as soon as possible on the various possibilities and options with a view to ensuring the effectiveness of the Court in the light of this new situation. The Rome conference has sparked intensive work. Ever since January 2001, the intergovernmental co-operation activities of the Steering Committee for Human Rights (CDDH) of the Council of Europe have concentrated on developing normative instruments, of which the most important has been Protocol No. 14 to the Convention. This work has benefited greatly from high-level debates during a series of round-table discussions, within working groups and at seminars organised mainly by the successive presidencies of the Committee of Ministers. The present volume contains a record of this work.