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Positive Obligations In Criminal Law
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Book Synopsis Positive Obligations in Criminal Law by : Andrew Ashworth
Download or read book Positive Obligations in Criminal Law written by Andrew Ashworth and published by A&C Black. This book was released on 2014-07-18 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
Book Synopsis The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights by : Alastair Mowbray
Download or read book The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights written by Alastair Mowbray and published by Bloomsbury Publishing. This book was released on 2004-01-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
Book Synopsis Human Trafficking and Slavery Reconsidered by : Vladislava Stoyanova
Download or read book Human Trafficking and Slavery Reconsidered written by Vladislava Stoyanova and published by Cambridge University Press. This book was released on 2017-03-16 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.
Book Synopsis The Oxford Handbook of International Human Rights Law by : Dinah Shelton
Download or read book The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by OUP Oxford. This book was released on 2013-10-24 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides a comprehensive and original overview of one of the fundamental topics within international law. It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law. The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives. The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.
Book Synopsis Human Rights in a Positive State by : Laurens Lavrysen
Download or read book Human Rights in a Positive State written by Laurens Lavrysen and published by . This book was released on 2016 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adaptation of the author's Ph.D. thesis--Ghent University, 2016.
Book Synopsis The Positive Obligations of the State under the European Convention of Human Rights by : Dimitris Xenos
Download or read book The Positive Obligations of the State under the European Convention of Human Rights written by Dimitris Xenos and published by Taylor & Francis. This book was released on 2012-04-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
Book Synopsis Coercive Human Rights by : Laurens Lavrysen
Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Book Synopsis The Police and International Human Rights Law by : Ralf Alleweldt
Download or read book The Police and International Human Rights Law written by Ralf Alleweldt and published by Springer. This book was released on 2018-02-20 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an updated overview of current international human rights law relating to the police. Around the globe, the police have a special responsibility for the protection of human rights. Police work is governed by national rules and in addition, in today’s world, by the evolving international human rights standards. As a result of the ever-developing case law of international courts and other bodies, the requirements of human rights law on policing have become more and more detailed and complex in recent years. Bringing together a variety of distinguished authors from academia, police forces and other government authorities, the human rights movement, and international organizations, the book discusses topical issues, including the use of deadly force, the prevention of torture, effective investigations, the protection of personal data, and positive obligations of the police.
Book Synopsis Coercive Human Rights by : Laurens Lavrysen
Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Book Synopsis Human Rights and Criminal Justice by : Ben Emmerson
Download or read book Human Rights and Criminal Justice written by Ben Emmerson and published by Sweet & Maxwell. This book was released on 2012 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of Czech business law, tax and accounting regulations. The political, legal and economic systems of the Republic are outlined.
Book Synopsis Justice, Liability, And Blame by : Paul H. Robinson
Download or read book Justice, Liability, And Blame written by Paul H. Robinson and published by Routledge. This book was released on 2019-03-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines shared intuitive notions of justice among laypersons and compares the discovered principles to those instantiated in American criminal codes. It reports eighteen original studies on a wide range of issues that are central to criminal law formulation.
Book Synopsis Core Concepts in Criminal Law and Criminal Justice by : Kai Ambos
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
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 A Duty to Prevent Genocide by : John Heieck
Download or read book A Duty to Prevent Genocide written by John Heieck and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.
Book Synopsis Prosecuting Human Rights Offences by : Kresimir Kamber
Download or read book Prosecuting Human Rights Offences written by Kresimir Kamber and published by BRILL. This book was released on 2017-01-10 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores the features of the procedural obligation to investigate, prosecute and punish human rights offences, and explains how they determine the contemporary understanding of function of criminal prosecution.
Book Synopsis The Good Citizen by : David Batstone
Download or read book The Good Citizen written by David Batstone and published by Routledge. This book was released on 2014-02-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Good Citizen, some of the most eminent contemporary thinkers take up the question of the future of American democracy in an age of globalization, growing civic apathy, corporate unaccountability, and purported fragmentation of the American common identity by identity politics.
Book Synopsis The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights by : Alastair R. Mowbray
Download or read book The Development of Positive Obligations Under the European Convention on Human Rights by the European Court of Human Rights written by Alastair R. Mowbray and published by . This book was released on 2004 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last thirty years the European Court of Human Rights has been developing, at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
