The European Court Of Human Rights In The Post Cold War Era

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The European Court of Human Rights in the Post-Cold War Era

Author : James A. Sweeney
Publisher : Routledge
ISBN 13 : 1136159428
Total Pages : 290 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis The European Court of Human Rights in the Post-Cold War Era by : James A. Sweeney

Download or read book The European Court of Human Rights in the Post-Cold War Era written by James A. Sweeney and published by Routledge. This book was released on 2013-01-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.

The European Court of Human Rights between Law and Politics

Author : Jonas Christoffersen
Publisher : OUP Oxford
ISBN 13 : 0191621900
Total Pages : 256 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The European Court of Human Rights between Law and Politics by : Jonas Christoffersen

Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2011-06-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

From Coexistence to Cooperation

Author : Edward McWhinney
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792314011
Total Pages : 316 pages
Book Rating : 4.3/5 (14 download)

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Book Synopsis From Coexistence to Cooperation by : Edward McWhinney

Download or read book From Coexistence to Cooperation written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 1991-08-15 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: In four short years the international landscape has been completely reorganized. The major political fault line of the Cold War has been for the most part erased, and the foundations have been laid for an entirely new era in international relations. Serious focused analysis is urgently needed to help facilitate the process of ending the Cold War'. This volume, the product of a Canada-Soviet bilateral conference of jurists and other scholars, specialized in International Law and International Organizatin, and International Conflicts-Resolution, held at Simon Fraser University, Vancouver in June 1990, attempts to provide such analysis. Written by a professionally and scientifically distinguished team of Canadian and Soviet experts, it deals with such issues as the winding up of the Nuclear and General Disarment process, the current main proposals on strengtening the United Nations and on reforming and modernizing its main arenas and institutions, new approaches to International Trade and Commerce on a multilateral basis, developing new norms of International Environmental Protection Law, and the Intrnational protection of Human Rights. It is characterized above all by a common emphasis, Soviet and Canadian, on pragmatism, and on a rigorously empirical, problem-oriented approach and offers not merely a description of international Law as it might now happen to exist. The result is a suprisingly far-ranging consensus, not merely on the major World Community problems that should be deemed ripe for present study, but also on their most desirable, practical and realizable solutions.

The European Court of Human Rights Between Law and Politics

Author : Jonas Christoffersen
Publisher : Oxford University Press
ISBN 13 : 0199694494
Total Pages : 255 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The European Court of Human Rights Between Law and Politics by : Jonas Christoffersen

Download or read book The European Court of Human Rights Between Law and Politics written by Jonas Christoffersen and published by Oxford University Press. This book was released on 2011-06-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.

The European Court of Human Rights

Author : Angelika Nussberger
Publisher : Elements of International Law
ISBN 13 : 0198849648
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The European Court of Human Rights by : Angelika Nussberger

Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Introduction to the International Human Rights Regime

Author : Manfred Nowak
Publisher : BRILL
ISBN 13 : 9004479074
Total Pages : 381 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Introduction to the International Human Rights Regime by : Manfred Nowak

Download or read book Introduction to the International Human Rights Regime written by Manfred Nowak and published by BRILL. This book was released on 2021-10-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are the only universally recognized system of contemporary values which, during the last 50 years, has been gradually developed and defined by all States in a comprehensive international legal framework. The international human rights regime is closely related to international peace and security, development and a global trend towards pluralist democracy, good governance and the rule of law. International humanitarian and criminal law can today be considered as specific aspects of international human rights law, which after the end of the Cold War has become increasingly complex and difficult to oversee. The present textbook attempts to provide a first and at the same time comprehensive introduction into the idea and significance of human rights, its philosophical and theoretical foundations, historical development, the main structures and procedures of international human rights protection by the United Nations and regional organizations (Council of Europe, Organization of American States, African Union, OSCE and others), and modern trends, such as preventive mechanisms, international criminal law, human rights as essential elements of peace-keeping and peace-building operations, humanitarian intervention or the relationship between human rights and terrorism. The book perceives human rights as an inter-disciplinary topic and illustrates the theory of human rights with a considerable number of practical case-studies, graphics, statistics, procedural charts and textboxes. It serves as a textbook for students of law, political science, international relations and other academic fields related to human rights, but may as well be used as a first introduction for those working in the field, for NGO activists, legal practitioners and others interested in the fascinating world of universal human rights.

Mirrors of Justice

Author : Kamari Maxine Clarke
Publisher : Cambridge University Press
ISBN 13 : 0521195373
Total Pages : 357 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Mirrors of Justice by : Kamari Maxine Clarke

Download or read book Mirrors of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2010 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literature on human rights, legal pluralism, and international law.

The European Convention on Human Rights

Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1139461966
Total Pages : 33 pages
Book Rating : 4.1/5 (394 download)

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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.

The European Convention on Human Rights

Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 9780521846172
Total Pages : 388 pages
Book Rating : 4.8/5 (461 download)

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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 388 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.

Human rights in European politics

Author : Christopher Selbach
Publisher : GRIN Verlag
ISBN 13 : 3638213234
Total Pages : 23 pages
Book Rating : 4.6/5 (382 download)

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Book Synopsis Human rights in European politics by : Christopher Selbach

Download or read book Human rights in European politics written by Christopher Selbach and published by GRIN Verlag. This book was released on 2003-08-18 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2001 in the subject Politics - International Politics - Topic: International Organisations, grade: 1.3 (A), University of Leeds (POLIS), language: English, abstract: Europe has got a long tradition of human rights. Actually, the idea of "the inherent dignity and of the equal and inalienable rights of all members of the human family" as laid down in the Universal Declaration of Human Rights of the United Nations is said to have its historic origins in ancient Greek philosophy and Roman law. The first official declarations of human rights, starting with the English Bill of Rights of 1688, all stand in this tradition. Hence, it is not far-fetched when Europeans see themselves as defenders of human rights principles on the international scene. Especially the European Union′s self-perception has moved in this direction. With the end of the Cold War, the right time seems to have come for politics that increasingly take into account, defend and even fight for such values: the war of the North Atlantic Treaty Organisation with Yugoslavia is only one example of this tendency. But it is a good example, because the "humanitarian catastrophe" that was triggered by Western air-strikes also highlights the fact that the "new Europe" is far from being an examplary place where human rights are widely respected. The essay examines in a critical way the extent to which politics in the pre-9/11 "new Europe" were actually characterised by human rights principles. The foundations of these principles in the "old Europe" will be considered, as well as the double challenge to politics brought about by the fall of the Berlin wall and how this challenge has been met in the 1990s by political institutions (EU's internal and external human rights policies, NATO). The essay concludes with a discussion of the universality claim of human rights in an Western-dominated and internationalised world. The essay critically reviews facts and fiction of European human rights policies on the pre-9/11 international scene.

The Legal Dimension in Cold-War Interactions: Some Notes from the Field

Author : Tatiana Borisova
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900420332X
Total Pages : 210 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Legal Dimension in Cold-War Interactions: Some Notes from the Field by : Tatiana Borisova

Download or read book The Legal Dimension in Cold-War Interactions: Some Notes from the Field written by Tatiana Borisova and published by Martinus Nijhoff Publishers. This book was released on 2012-11-21 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers readers a stimulating perspective on both struggles and cooperation on the Cold-War’s legal front and regard for its political context. It covers the era of Stalinism up to the post-Communist period of the 1990s and 2000s.

The European Court of Human Rights in the Post-Cold War Era

Author : James A. Sweeney
Publisher : Routledge
ISBN 13 : 0415544335
Total Pages : 290 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis The European Court of Human Rights in the Post-Cold War Era by : James A. Sweeney

Download or read book The European Court of Human Rights in the Post-Cold War Era written by James A. Sweeney and published by Routledge. This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the case law of the European Court of Human Rights with particular reference to democratic transitions in Europe and the consequent enlargement of the European Convention system. The book analyses how the Court has responded to the difficult circumstances presented by the new Contracting Parties.

International Law in the Post-Cold War World

Author : Haopei Li
Publisher : Psychology Press
ISBN 13 : 0415236088
Total Pages : 529 pages
Book Rating : 4.4/5 (152 download)

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Book Synopsis International Law in the Post-Cold War World by : Haopei Li

Download or read book International Law in the Post-Cold War World written by Haopei Li and published by Psychology Press. This book was released on 2001-01 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centering on the theme of 'progressiveness', this powerful volume offers important new perspectives on the history, theory and practice of international law. Covering topics of great contemporary relevance such as the use of force, human rights and sovereignty, this book is of essential interest to lawyers, historians and political scientists.

The Conservative Human Rights Revolution

Author : Marco Duranti
Publisher : Oxford University Press
ISBN 13 : 0190638672
Total Pages : 608 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Conservative Human Rights Revolution by : Marco Duranti

Download or read book The Conservative Human Rights Revolution written by Marco Duranti and published by Oxford University Press. This book was released on 2016-12-20 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II. In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and French conservatives believed violated their basic liberties. Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples. Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today.

International Intervention in the Post-Cold War World

Author : Michael C. Davis
Publisher : M.E. Sharpe
ISBN 13 : 9780765612441
Total Pages : 348 pages
Book Rating : 4.6/5 (124 download)

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Book Synopsis International Intervention in the Post-Cold War World by : Michael C. Davis

Download or read book International Intervention in the Post-Cold War World written by Michael C. Davis and published by M.E. Sharpe. This book was released on 2004 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: International intervention on humanitarian grounds has been a contentious issue for decades. This volume undertakes a systematic and broadly international review of issues relating to this subject.

Supranationalism in the New World Order

Author : Paul Close
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1461734002
Total Pages : 275 pages
Book Rating : 4.4/5 (617 download)

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Book Synopsis Supranationalism in the New World Order by : Paul Close

Download or read book Supranationalism in the New World Order written by Paul Close and published by Rowman & Littlefield Publishers. This book was released on 1999-03-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supranationalism in the New World Order argues that in the post-Cold War distribution of global power and configuration of global players, the European Union is just one among a growing number of regional regimes that are acquiring prominent roles in the process of global governance, to some extent through the operation of differentiated zones of geo-political management.

The Last Utopia

Author : Samuel Moyn
Publisher : Harvard University Press
ISBN 13 : 0674256522
Total Pages : 346 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Last Utopia by : Samuel Moyn

Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.