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Harris Oboyle And Warbrick
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Book Synopsis Harris, O'Boyle & Warbrick by : David John Harris
Download or read book Harris, O'Boyle & Warbrick written by David John Harris and published by Oxford University Press, USA. This book was released on 2014 with total page 1077 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly updated since the first edition of 1994, this volume contains a comprehensive account of Strasbourg case law and the underlying principles of the European Convention on Human Rights.
Book Synopsis Law of the European Convention on Human Rights by : David John Harris
Download or read book Law of the European Convention on Human Rights written by David John Harris and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, 'Law of the European Convention on Human Rights' remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The text also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.
Book Synopsis Harris, O'Boyle & Warbrick Law of the European Convention on Human Rights by :
Download or read book Harris, O'Boyle & Warbrick Law of the European Convention on Human Rights written by and published by . This book was released on 2014 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Child and the European Convention on Human Rights by : Ursula Kilkelly
Download or read book The Child and the European Convention on Human Rights written by Ursula Kilkelly and published by Taylor & Francis. This book was released on 2024-11-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is the most successful system for the enforcement of human rights in the world. However, to date its full potential for protecting children’s rights has not been explored as attention has focused on the UN Convention on the Rights of the Child. This unique book provides the first analysis of the extensive case law of the Commission and the Court of Human Rights on all issues concerning children and their rights. This study is important as a study of the regional protection of children’s rights and, moreover, the case law itself can be directly applied in the legal system of nearly every European country, including the UK. The book includes chapters on the rights of the child under the European Convention on Human Rights in relation to education, protection from abuse, the right to identity, child care, juvenile justice, health care and immigration and the family. It also explores the potential of the Strasbourg mechanism for the protection of children’s rights and thus provides a practical and vital guide to the study and use of the European Convention in the broad area of children’s rights.
Book Synopsis The Principle of Proportionality in the Laws of Europe by : Evelyn Ellis
Download or read book The Principle of Proportionality in the Laws of Europe written by Evelyn Ellis and published by Hart Publishing. This book was released on 1999-03-19 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
Book Synopsis The Evolution of the European Convention on Human Rights by : Ed Bates
Download or read book The Evolution of the European Convention on Human Rights written by Ed Bates and published by Oxford University Press. This book was released on 2010-12-23 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.
Book Synopsis Protecting Children in the Digital Era by : Eva Lievens
Download or read book Protecting Children in the Digital Era written by Eva Lievens and published by BRILL. This book was released on 2010-07-26 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the mid-1990s onwards concerns regarding the exposure of children to harmful content in the increasingly digital media environment intensified. Soon thereafter policy makers across Europe realised that alternative regulatory instruments, such as self- and co-regulation, might be more appropriate than traditional legislation to address this matter of public interest. Taking the complex and delicate nature of protecting minors into account, this book provides an in-depth legal analysis of the alternative regulatory instruments that can be used to regulate content in the digital era, with particular attention to the protection of fundamental rights, such as freedom of expression, privacy and procedural guarantees, internal market regulation, competition rules, and implementation requirements.
Book Synopsis The American Convention on Human Rights by : Thomas M. Antkowiak
Download or read book The American Convention on Human Rights written by Thomas M. Antkowiak and published by Oxford University Press. This book was released on 2017-03-24 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the freedom of expression and reparations. They examine the case law with a victim-centered lens while identifying key jurisprudential developments, discussing critical areas that lack consistency and rigor, and proposing alternative conceptual approaches. Each chapter contains an Introduction to compare the Convention right's formulation with equivalent rights in other major international and regional treaties; a background section to consider the right's negotiation history; a Scope of Protection section to analyze the right's provisions (paragraph-by-paragraph or topic-by-topic); and lastly, a Limitations section, if applicable, to study any limitations to the right. In addition, the book's Introduction presents an up-to-date overview of the dynamic Inter-American Human Rights System, discussing the System's legal instruments, major institutions, significant impact, key developments, and current challenges.
Book Synopsis Civil Liberties and Human Rights by : Helen Fenwick
Download or read book Civil Liberties and Human Rights written by Helen Fenwick and published by Routledge. This book was released on 2009-06-02 with total page 1725 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than merely describing developments in the field of civil liberties and human rights, this comprehensive and challenging textbook provides students with detailed and thought-provoking coverage and analysis of the impact of the Human Rights Act 1998 in an era in which human rights are coming increasingly under pressure. Extensively re-written and updated since the last edition, here Helen Fenwick considers the impact of the Human Rights Act 1998, paying particular attention to Labour legislation, especially in the fields of criminal justice and terrorism. This book: considers recent key domestic decisions in the post-Human Rights Act era, including Campbell, A and Others v Secretary of State for the Home Dept, Ghaidan v Mendoza, R(Gillan) v Commisioner of Police of the Metropolis contains a new chapter on important developments in counter-terrorism law – covering the Anti-Terrorism Crime and Security Act 2001 and the Terrorism Acts 2005 and 2006 analyzes key developments in the sphere of media freedom, including the impact of the Communications Act 2003, Pro-life Alliance and Campbell explores new developments in criminal justice, including the Serious and Organized Crime Act 2005 addresses the changes in the field of anti-discrimination law, including the Sexual Orientation Regulations 2003 and Equality Act 2006. This textbook is an essential resource for students studying the development of human rights and civil liberties in the early years of the twenty-first century.
Book Synopsis The Treatment of Prisoners under International Law by : Nigel Rodley
Download or read book The Treatment of Prisoners under International Law written by Nigel Rodley and published by OUP Oxford. This book was released on 2011-04-07 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the pioneering work that has become the standard text in the field. The first edition was one of the earliest to establish that the newly-developing international law of human rights could be set down as any other branch of international law. It also incorporates the complementary fields of international humanitarian law and international criminal law, while addressing the problems associated with their interaction with human rights law. The book is more than a descriptive analysis of the field. It acknowledges areas of unclarity or where developments may be embryonic. Solutions are offered. Recent developments have confirmed the value of solutions proposed in this edition and the previous one. Central to most of the chapters is the human rights norm of most salience in the treatment of prisoners, namely, the prohibition of torture and cruel, inhuman or degrading treatment or punishment. The early chapters focus on the period of first detention, when detainees are most at risk of having information or confessions, however unreliable, extracted by unlawful means. Voices contemplating the legitimacy of such treatment to combat terrorism have been heard in the wake of the atrocities of 11 September 2001. The book finds that the evidence clearly suggests that the absolute prohibition of such treatment remains firm. Other chapters deal with problems of poor prison conditions and of certain extraordinary penalties, notably corporal and capital punishment. A chapter explores ethical codes for members of professions capable of inflicting or preventing the prohibited behaviour (police and medical and legal professionals). Chapters are also devoted to the extreme practice of enforced disappearance and the contribution of the new convention on this phenomenon, as well as to extra-legal executions.
Book Synopsis The Margin of Appreciation in International Human Rights Law by : Andrew Legg
Download or read book The Margin of Appreciation in International Human Rights Law written by Andrew Legg and published by OUP Oxford. This book was released on 2012-07-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The margin of appreciation is a judicial doctrine whereby international courts allow states to have a measure of diversity in their interpretation of human rights treaty obligations. The doctrine is at the heart of some of the most important international human rights decisions. Does it undermine the universality of human rights? How should judges decide whether to give this margin of appreciation to states? How can lawyers make best use of arguments for or against the margin of appreciation? This book answers these questions, and broadens the discussion on the margin of appreciation by including material beyond the ECHR system. It provides a comprehensive justification of the doctrine, and ALLFSCA14I the key cases affecting the doctrine in practice. Part One provides a systematic defence of the margin of appreciation doctrine in international human rights law. Drawing on the philosophy of practical reasoning the book argues that the margin of appreciation is a doctrine of judicial deference and is a common and appropriate feature of adjudication. The book argues that the margin of appreciation doctrine prevents courts from imposing unhelpful uniformity, whilst allowing decisions to be consistent with the universality of human rights. Part Two considers the key case law of the European Court of Human Rights, the Inter-American Court of Human Rights, and the UN Human Rights Committee, documenting the margin of appreciation in practice. The analysis uniquely takes a broad look at the factors affecting the margin of appreciation. Part Three explores how the margin of appreciation operates in the judicial decision-making process, reconceptualising the proportionality assessment and explaining how the nature of the right and the type of case affect the courts' reasoning.
Book Synopsis The English Legal System by : Alisdair Gillespie
Download or read book The English Legal System written by Alisdair Gillespie and published by Oxford University Press. This book was released on 2021 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition offers an engaging guide to the English legal system which helps students new to law develop a critical legal mind. Presenting and critiquing the law in a lively style, this text invites students to question, analyse, and evaluate.
Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos
Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Book Synopsis Non-Governmental Organisations in International Law by : Anna-Karin Lindblom
Download or read book Non-Governmental Organisations in International Law written by Anna-Karin Lindblom and published by Cambridge University Press. This book was released on 2005 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-governmental organisations (NGOs) play an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This 2006 book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. By means of a thorough examination and systematisation of international legal rules and practices, the rights, obligations, locus standi and consultative status of NGOs are explored. This study is placed within a wider discussion on the representation of groups in the international legal system. Lindblom argues, on the basis of a discourse model of international decision-making, that non-governmental organisation is an important form of public participation that can strengthen the flawed legitimacy of the state-centric system of international law.
Book Synopsis Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings by : Kelly Pitcher
Download or read book Judicial Responses to Pre-Trial Procedural Violations in International Criminal Proceedings written by Kelly Pitcher and published by Springer. This book was released on 2017-12-14 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth examination of the judicial response at the internationalcriminal tribunals (ICTs) to the violation of procedural standards in thepre-trial phase of proceedings. It does so against the backdrop of the assumption thatcertain particularities of international criminal proceedings may warrant a differentapproach to the matter than at the national level. By reference to relevant human rights standards and to national criminal procedure,as well as to theoretical accounts of the judicial response to pre-trial procedural violations,this book assesses the ICTs’ law and practice in this regard, thereby identifyingpoints of concern and making suggestions for improvement. In doing so, it considersthe most suitable rationale for responding to procedural violations committed in thepre-trial phase of international criminal proceedings and the merits of judicial discretionin this context, as well as the impact of certain particularities of such proceedingson the determination of how to address procedural violations. The book is intended for academics and practitioners in the field of (international)criminal law who want to gain a deeper understanding of the possible impact ofpre- trial procedural violations on criminal proceedings. Kelly Pitcher is Assistant Professor of Criminal Law and Criminal Procedure at LeidenUniversity in The Netherlands.
Book Synopsis The Transfer of Conflict-Related Detainees by : Maral Kashgar
Download or read book The Transfer of Conflict-Related Detainees written by Maral Kashgar and published by Nomos Verlag. This book was released on 2022-09-14 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.
Author :Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights) Publisher :Oxford University Press ISBN 13 :0192893491 Total Pages :691 pages Book Rating :4.1/5 (928 download)
Book Synopsis International Law of Human Rights by : Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights)
Download or read book International Law of Human Rights written by Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights) and published by Oxford University Press. This book was released on 2024-02 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by 'further reflections' and 'critical debate' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that offer extra learning support.
