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Human Rights And The Private Sphere Vol 1
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Book Synopsis Human Rights and the Private Sphere Vol 1 by : Jorg Fedtke
Download or read book Human Rights and the Private Sphere Vol 1 written by Jorg Fedtke and published by Routledge. This book was released on 2007 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part Part I: Introduction -- chapter PART I: INTRODUCTION Human Rights and the Private Sphere - the Scope of the Project -- part Part II: National Jurisdictions European Convention on Human Rights -- chapter 1 Denmark Drittwirkung and Conflicting Rights - Viewed from National and International Perspectives -- chapter 2 England and Wales The Human Rights Act and the Private Sphere -- chapter 3 France Horizontal Application and the Triumph of the European Convention on Human Rights -- chapter 4 Germany Drittwirkung in Germany -- chapter 5 Greece Taking Private Law Seriously in the Application of Constitutional Rights -- chapter 6 India Protection of Human Rights against State and Non-State Action -- chapter 7 Ireland Irish Constitutional Law and Direct Horizontal Effect - A Successful Experiment? -- chapter 8 Israel Human Rights in Private Law - The Israeli Case -- chapter 9 Italy The Protection of Constitutional Rights in the Private Sphere -- chapter 10 New Zealand Taking Human Rights into the Private Sphere -- chapter 11 South Africa From Indirect to Direct Effect in South Africa: a System in Transition -- chapter 12 Spain A Jurisdiction Recognising the Direct Horizontal Application of Human Rights -- chapter 13 The United States and Canada: State Action, Constitutional Rights and Private Actors -- chapter 14 The European Convention on Human Rights The European Court of Human Rights.
Book Synopsis Human Rights and the Private Sphere vol 1 by : Jörg Fedtke
Download or read book Human Rights and the Private Sphere vol 1 written by Jörg Fedtke and published by Routledge. This book was released on 2007-08-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.
Book Synopsis Human Rights in the Private Sphere by : Andrew Clapham
Download or read book Human Rights in the Private Sphere written by Andrew Clapham and published by Oxford University Press on Demand. This book was released on 1996 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.
Book Synopsis Economic Globalisation and Human Rights by : Wolfgang Benedek
Download or read book Economic Globalisation and Human Rights written by Wolfgang Benedek and published by Cambridge University Press. This book was released on 2007-04-19 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic globalisation is one of the guiding paradigms of the twenty-first century. The challenge it implies for human rights is fundamental, and key questions have up to now received no satisfying answers. How can human rights protect human dignity when economic globalisation has an adverse impact on local living conditions? How should human rights evolve in response to a global economy in which non-statal actors are decisive forces? Economic Globalisation and Human Rights was originally published in 2007, and sets out to assess these and other questions to ensure that, as economic globalisation intensifies, human rights take up the central and crucial position that they deserve. Using a multidisciplinary methodology, leading scholars reflect on issues such as the need for global ethics, the localisation of human rights, the role of human rights in WTO law, and efforts to make international economic organisations more accountable and multinational corporations more socially responsible.
Book Synopsis Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 1 by : Jan H Dalhuisen
Download or read book Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 1 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2022-04-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: “This is a big book, with big themes and an author with the necessary experience to back them up... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.” (Law Quarterly Review) Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Book Synopsis Human Rights in Private Law by : Dan Friedmann
Download or read book Human Rights in Private Law written by Dan Friedmann and published by Bloomsbury Publishing. This book was released on 2002-03-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
Book Synopsis Constitutionalization of European Private Law by : Hans Micklitz
Download or read book Constitutionalization of European Private Law written by Hans Micklitz and published by OUP Oxford. This book was released on 2014-04-17 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.
Book Synopsis Damages for Violations of Human Rights by : Ewa Bagińska
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.
Book Synopsis Socio-Economic Human Rights in Essential Public Services Provision by : Marlies Hesselman
Download or read book Socio-Economic Human Rights in Essential Public Services Provision written by Marlies Hesselman and published by Taylor & Francis. This book was released on 2016-11-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a clear overlap between securing socio-economic human rights for all persons and arranging adequate access to essential public services across society. Both are necessary to realise thriving, inclusive societies, with adequate living standards for all, based on human dignity. This edited volume brings together the two topics for the first time. In particular, it identifies the common challenges for essential public services provision and socio-economic human rights realisation, and it explores how socio-economic rights law can be harnessed to reinforce better access to services. An important aim of this book is to understand how international socio-economic human rights law and guideposts can be used and strengthened to improve access to services, and assess socio-economic legal and policy decisions. The volume includes contributions from different continents, on a range of different services, and engages with the realities of different regulatory settings. After an introduction that sets out the most important challenges for universal access to services – including sufficient resources mobilisation, private actor involvement and regulation, or the need for improved checks and balances – the book goes on to discuss current issues in services provision and socio-economic rights, as well as explores the place and role of private business actors in the provision of services. In particular, it assesses how the responsibility and accountability of such actors for human rights can be improved . The final part of the book narrows in on the under-explored human rights concepts of ‘participation’ and ‘accountability’, as essential prerequisites for better ‘checks and balances’. Overall, this volume presents a unique and powerful illustration of how socio-economic human rights law supports improved access to essential public services for all.
Book Synopsis Human Rights Obligations of Non-State Actors by : Andrew Clapham
Download or read book Human Rights Obligations of Non-State Actors written by Andrew Clapham and published by OUP Oxford. This book was released on 2006-03-02 with total page 2518 pages. Available in PDF, EPUB and Kindle. Book excerpt: The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Book Synopsis Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1 by : Jan H Dalhuisen
Download or read book Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 1 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.
Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 29 (2013) by : Inter-American Commission on Human Rights
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 29 (2013) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1155 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Associate Professor of Political Science Monique Deveaux Publisher :Oxford University Press ISBN 13 :0199289794 Total Pages :274 pages Book Rating :4.1/5 (992 download)
Book Synopsis Gender and Justice in Multicultural Liberal States by : Associate Professor of Political Science Monique Deveaux
Download or read book Gender and Justice in Multicultural Liberal States written by Associate Professor of Political Science Monique Deveaux and published by Oxford University Press. This book was released on 2006-11-30 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a persuasive new argument for reconciling the tensions that arise when liberal democratic states try to protect two important kinds of equality: sexual equality and cultural equality.
Book Synopsis The Human Face of the European Union by : Nuno Ferreira
Download or read book The Human Face of the European Union written by Nuno Ferreira and published by Cambridge University Press. This book was released on 2016-08-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection asks a direct but complex question: is the EU humane enough? The implementation of EU law and policy and its balance between economic and social values continues to provoke debate. Providing fresh insight, Nuno Ferreira and Dora Kostakopoulou present a novel analytical framework, centred on the notion of humaneness, for assessing EU law and policy. This innovative approach leads to recommendations for policy change towards a more humanistic philosophy for the EU. Broad in its scope, this remarkable volume draws together interdisciplinary perspectives from contributors who examine key EU law and policy fields, including economic integration, asylum and free movement, citizenship and development, and security. This book is essential reading for scholars, students and policy-makers seeking new ways of exploring the economic versus social values debate in EU law.
Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015) by : Inter-American Commission on Human Rights
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-15 with total page 981 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2015 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is published as an English-Spanish bilingual edition. The print edition is available as a set of three volumes (9789004338524).
Book Synopsis Boundaries of State, Boundaries of Rights by : Tsvi Kahana
Download or read book Boundaries of State, Boundaries of Rights written by Tsvi Kahana and published by Cambridge University Press. This book was released on 2016-10-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion.
Book Synopsis The Private Sphere by : Mats G. Hansson
Download or read book The Private Sphere written by Mats G. Hansson and published by Springer Science & Business Media. This book was released on 2007-11-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes an emotional territory, which forms the individual's own sphere of action and experience. This develops in the course of evolution in pace with the individual's conditions of life, brought about by challenges in the natural and social environment.
