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The Application Of The European Convention On Human Rights
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Book Synopsis The Application of the European Convention on Human Rights to Military Operations by : Stuart Wallace
Download or read book The Application of the European Convention on Human Rights to Military Operations written by Stuart Wallace and published by Cambridge University Press. This book was released on 2019-04-11 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is being applied to military operations of every kind from internal operations in Russia and Turkey, to international armed conflicts in Iraq, Ukraine and elsewhere. This book exposes the challenge that this development presents to the integrity and universality of Convention rights. Can states realistically investigate all instances where life is lost during military operations? Can the Convention offer the same level of protection to soldiers in combat as it does to its citizens at home? How can we reconcile the application of the Convention with other international law applicable to military operations? This book offers detailed analysis of how the Convention applies to military operations of all kinds. It highlights the creeping relativism of the standards applied by the European Court of Human Rights to military operations and offers guidance on how to interpret and apply the Convention to military operations.
Book Synopsis The Interpretation and Application of the European Convention of Human Rights by : Malgosia Fitzmaurice
Download or read book The Interpretation and Application of the European Convention of Human Rights written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2012-12-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law
Book Synopsis The Application of the European Convention on Human Rights by : James Edmund Sandford Fawcett
Download or read book The Application of the European Convention on Human Rights written by James Edmund Sandford Fawcett and published by Oxford University Press, USA. This book was released on 1987 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Convention on Human Rights. It describes the reports and.
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 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 General Principles of the European Convention on Human Rights by : Janneke Gerards
Download or read book General Principles of the European Convention on Human Rights written by Janneke Gerards and published by Cambridge University Press. This book was released on 2023-06-30 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
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 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 1414 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 European Convention on Human Rights and General International Law by : Anne van Aaken
Download or read book The European Convention on Human Rights and General International Law written by Anne van Aaken and published by European Society of Internatio. This book was released on 2018-10-11 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Book Synopsis Theory and Practice of the European Convention on Human Rights by : Pieter Dijk
Download or read book Theory and Practice of the European Convention on Human Rights written by Pieter Dijk and published by Springer. This book was released on 1990 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kluwer Law International is happy to announce the third edition of Van Dijk & Van Hoof's classic work: Theory & Practice of the European Convention on Human Rights. The developments which have taken place under the Convention since the second edition was published have been numerous & comprehensive, & the Convention has gained a central position in the legal systems of many European countries. Three Protocols have been added to the Convention; the number of Parties to the Convention has grown from twenty-two to no less than thirty-six; & the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the present procedural practice & case-law of both the European Commission & the European Court of Human Rights, & is an indispensable guide. Protocol No. 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This new Court will also perform the present functions of the Commission & it is expected that it will be guided by the Commission's procedures & working methods, & by its case-law concerning admissibility. This new edition will therefore remain relevant for the practice & case-law of the new Court for many years to come.
Book Synopsis Prohibition of Discrimination Under the European Convention on Human Rights by : Frédéric Edel
Download or read book Prohibition of Discrimination Under the European Convention on Human Rights written by Frédéric Edel and published by Council of Europe. This book was released on 2010-01-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.
Book Synopsis The Interpretation and Application of the European Convention of Human Rights by : Malgosia Fitzmaurice
Download or read book The Interpretation and Application of the European Convention of Human Rights written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2012-11-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law. The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.
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 Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme by : Steven C. Greer
Download or read book Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme written by Steven C. Greer and published by Council of Europe. This book was released on 1997-01-01 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: B. Table of cases
Book Synopsis The European Convention on Human Rights by : Steven Greer
Download or read book The European Convention on Human Rights written by Steven Greer and published by Cambridge University Press. This book was released on 2006-11-30 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
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.
