The European Human Rights Law With Emphasis On The Cyprus Question

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Legal Aspects of the Cyprus Problem

Author : Frank Hoffmeister
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004152237
Total Pages : 305 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Legal Aspects of the Cyprus Problem by : Frank Hoffmeister

Download or read book Legal Aspects of the Cyprus Problem written by Frank Hoffmeister and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus' membership in the EU and the suspension of the "acquis communautaire" in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.

The European Union and Human Rights

Author : Nanette A. Neuwahl
Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Court of Human Rights

Author : Helmut P. Aust
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108347
Total Pages : 296 pages
Book Rating : 4.8/5 (391 download)

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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.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Introduction to the European Convention on Human Rights

Author : Jean-François Renucci
Publisher : Council of Europe
ISBN 13 : 9789287157157
Total Pages : 132 pages
Book Rating : 4.1/5 (571 download)

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Book Synopsis Introduction to the European Convention on Human Rights by : Jean-François Renucci

Download or read book Introduction to the European Convention on Human Rights written by Jean-François Renucci and published by Council of Europe. This book was released on 2005-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

The European Court of Human Rights and its Discontents

Author : Spyridon Flogaitis
Publisher : Edward Elgar Publishing
ISBN 13 : 178254612X
Total Pages : 241 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis The European Court of Human Rights and its Discontents by : Spyridon Flogaitis

Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

Human Rights in the Council of Europe and the European Union

Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Human Rights in the Council of Europe and the European Union by : Steven Greer

Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Courts and Consociations

Author : Christopher McCrudden
Publisher : OUP Oxford
ISBN 13 : 019166538X
Total Pages : 209 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Courts and Consociations by : Christopher McCrudden

Download or read book Courts and Consociations written by Christopher McCrudden and published by OUP Oxford. This book was released on 2013-02-21 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.

International Human Rights Law

Author : Olivier De Schutter
Publisher : Cambridge University Press
ISBN 13 : 1139489097
Total Pages : 1033 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Human Rights Law by : Olivier De Schutter

Download or read book International Human Rights Law written by Olivier De Schutter and published by Cambridge University Press. This book was released on 2010-07-08 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do you keep students motivated when their perception of a subject conflicts with the reality of its academic study? International human rights law, unquestionably an exciting field, is also complex and demanding. In his breakthrough textbook, De Schutter focuses on international human rights law as global legal system, rather than as a collection of different (though related) rights, giving it relevance and immediacy. Drawing on cases and materials from a wide range of sources, it shows how human rights law is used as a tool to address contemporary issues such as counter-terrorism, global poverty and religious diversity. Materials are organised thematically, allowing readers to make comparisons and connections between different legal treaties and systems. Students can also easily assess how human rights are protected under domestic and international laws. The law is placed in context throughout, ensuring full understanding of why laws exist and how they work.

Routledge Handbook of International Human Rights Law

Author : Scott Sheeran
Publisher : Routledge
ISBN 13 : 1135055947
Total Pages : 809 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Routledge Handbook of International Human Rights Law by : Scott Sheeran

Download or read book Routledge Handbook of International Human Rights Law written by Scott Sheeran and published by Routledge. This book was released on 2014-08-07 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203481417.ch35

Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law

Author : Janneke Gerards
Publisher :
ISBN 13 : 9781780682174
Total Pages : 0 pages
Book Rating : 4.6/5 (821 download)

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Book Synopsis Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law by : Janneke Gerards

Download or read book Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law written by Janneke Gerards and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.

The Relationship Between the Domestic Implementation of the European Convention on Human Rights and the Ongoing Reforms of the European Court of Human Rights

Download The Relationship Between the Domestic Implementation of the European Convention on Human Rights and the Ongoing Reforms of the European Court of Human Rights PDF Online Free

Author : Costas Paraskeva
Publisher :
ISBN 13 : 9789050959940
Total Pages : 0 pages
Book Rating : 4.9/5 (599 download)

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Book Synopsis The Relationship Between the Domestic Implementation of the European Convention on Human Rights and the Ongoing Reforms of the European Court of Human Rights by : Costas Paraskeva

Download or read book The Relationship Between the Domestic Implementation of the European Convention on Human Rights and the Ongoing Reforms of the European Court of Human Rights written by Costas Paraskeva and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has become a victim of ongoing reforms. Continuous efforts to streamline and reinforce the system have proved inadequate in managing the challenge of its ever-increasing caseload. The consensus is that further reforms to the European Convention on Human Rights mechanisms are necessary in order to cope with the serious influx of cases from the 47 Member States of the Council of Europe. This book analyzes the set of five Recommendations referred to in the 2004 Declaration of the Committee of Ministers of the Council of Europe to encourage Member States to take effective domestic steps in ensuring appropriate protection of the Convention rights at the domestic level, in full conformity with the principle of subsidiarity. It also traces and evaluates the impact of the Convention in the domestic legal orders of Cyprus and Turkey and comparatively assesses the effective implementation of the May 2004 Recommendations in these two Member States. The book demonstrates how the efforts to secure the survival and effective operation of the Court must succeed at the national level and hence, the heavy burden to comply falls to Member States. The 2004 Recommendations address the source of the problem and are appropriate prescriptions for a healthy future and constitute a technical vehicle for implementing the Convention in the domestic legal orders of Member States. Such guidelines stemming directly from the Convention are invaluable in assisting Member States to improve the protection of human rights at home. This study is a timely and valuable aid for Council of Europe and Court's officials, governments, human rights NGOs, academics, and practitioners.

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.

Just Satisfaction under the European Convention on Human Rights

Author : Octavian Ichim
Publisher : Cambridge University Press
ISBN 13 : 1107072360
Total Pages : 411 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Just Satisfaction under the European Convention on Human Rights by : Octavian Ichim

Download or read book Just Satisfaction under the European Convention on Human Rights written by Octavian Ichim and published by Cambridge University Press. This book was released on 2015 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive account on the question of reparation before a human rights court.

The Republic of Cyprus:A Study in International Law

Author : Kypros Chrysostomides
Publisher : Springer
ISBN 13 :
Total Pages : 660 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Republic of Cyprus:A Study in International Law by : Kypros Chrysostomides

Download or read book The Republic of Cyprus:A Study in International Law written by Kypros Chrysostomides and published by Springer. This book was released on 2000 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: & Subsequent occupation & the substantial body of case law & State practice regarding Cyprus since that date. He discusses the competing legal arguments concerning the application of the Republic of Cyprus to join the European Union, the controversial decisions of the European Court & Commission of Human Rights & the debates regarding the status of the occupied northern part of Cyprus. His conclusion is that the Republic of Cyprus has had a continuous existence as a State--and as the only State on the island of Cyprus-since 1960, notwithstanding all of the violations of international law to which it has been subjected.' From the Foreword by Christopher Greenwood, QC.

Human rights and criminal procedure

Author : Jeremy McBride
Publisher : Council of Europe
ISBN 13 : 928718741X
Total Pages : 529 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Human rights and criminal procedure by : Jeremy McBride

Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals 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 This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.

Legal Aspects of the Cyprus Problem

Author : Frank Hoffmeister
Publisher : BRILL
ISBN 13 : 9047410092
Total Pages : 304 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Legal Aspects of the Cyprus Problem by : Frank Hoffmeister

Download or read book Legal Aspects of the Cyprus Problem written by Frank Hoffmeister and published by BRILL. This book was released on 2006-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus’ membership in the EU and the suspension of the acquis communautaire in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.