The Impact Of The European Convention On Human Rights On Private International Law

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The Impact of the European Convention on Human Rights on Private International Law

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Author : Louwrens R. Kiestra
Publisher : Springer
ISBN 13 : 9462650322
Total Pages : 329 pages
Book Rating : 4.4/5 (626 download)

Book Synopsis The Impact of the European Convention on Human Rights on Private International Law by : Louwrens R. Kiestra

Download or read book The Impact of the European Convention on Human Rights on Private International Law written by Louwrens R. Kiestra and published by Springer. This book was released on 2014-09-11 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

The Impact of the European Convention on Human Rights on Private International Law

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Author : Louwrens Rienk Kiestra
Publisher : T.M.C. Asser Press
ISBN 13 : 9789462650336
Total Pages : 329 pages
Book Rating : 4.6/5 (53 download)

Book Synopsis The Impact of the European Convention on Human Rights on Private International Law by : Louwrens Rienk Kiestra

Download or read book The Impact of the European Convention on Human Rights on Private International Law written by Louwrens Rienk Kiestra and published by T.M.C. Asser Press. This book was released on 2014-10-09 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

The Influence of Human Rights on International Law

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Author : Norman Weiß
Publisher : Springer
ISBN 13 : 3319120212
Total Pages : 248 pages
Book Rating : 4.3/5 (191 download)

Book Synopsis The Influence of Human Rights on International Law by : Norman Weiß

Download or read book The Influence of Human Rights on International Law written by Norman Weiß and published by Springer. This book was released on 2015-02-25 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.

The Development of International Law by the European Court of Human Rights

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Author : J. G. Merrills
Publisher : Manchester University Press
ISBN 13 : 9780719045608
Total Pages : 354 pages
Book Rating : 4.0/5 (456 download)

Book Synopsis The Development of International Law by the European Court of Human Rights by : J. G. Merrills

Download or read book The Development of International Law by the European Court of Human Rights written by J. G. Merrills and published by Manchester University Press. This book was released on 1993 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law.

A Europe of Rights

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Author : Helen Keller
Publisher : OUP Oxford
ISBN 13 : 0191560200
Total Pages : 896 pages
Book Rating : 4.1/5 (915 download)

Book Synopsis A Europe of Rights by : Helen Keller

Download or read book A Europe of Rights written by Helen Keller and published by OUP Oxford. This book was released on 2008-07-31 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.

The Interpretation and Application of the European Convention of Human Rights

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Author : Malgosia Fitzmaurice
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900424283X
Total Pages : 303 pages
Book Rating : 4.0/5 (42 download)

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.

The Implications of the European Convention on Human Rights for the Development of Public International Law

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Author : Theodor Meron
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis The Implications of the European Convention on Human Rights for the Development of Public International Law by : Theodor Meron

Download or read book The Implications of the European Convention on Human Rights for the Development of Public International Law written by Theodor Meron and published by . This book was released on 2000 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document was prepared as a discussion paper for a meeting of the Ad Hoc Committee of Legal Advisers on Public International Law held in Berlin 13-14 March 2000. The paper concludes that although it is still early to reach definitive conclusions about the impact of the European Convention on Human Rights (ECHR) on general international law, it is already clear that the impact is significant, not just on human rights systems but also in other areas.

Impact of the European Convention on Human Rights in states parties

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Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9287183864
Total Pages : 108 pages
Book Rating : 4.2/5 (871 download)

Book Synopsis Impact of the European Convention on Human Rights in states parties by : Council of Europe

Download or read book Impact of the European Convention on Human Rights in states parties written by Council of Europe and published by Council of Europe. This book was released on 2016-11-01 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: What positive impact has the European Convention on Human Rights had upon states parties to the Convention? The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals’ access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law.

The European Convention on Human Rights and General International Law

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Author : Anne van Aaken
Publisher : Oxford University Press
ISBN 13 : 0192565532
Total Pages : 300 pages
Book Rating : 4.1/5 (925 download)

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 Oxford University Press. This book was released on 2018-09-20 with total page 300 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.

The European Convention on Human Rights and Its Impact on National Private Law

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Author : Matteo Fornasier
Publisher :
ISBN 13 : 9781839703423
Total Pages : 0 pages
Book Rating : 4.7/5 (34 download)

Book Synopsis The European Convention on Human Rights and Its Impact on National Private Law by : Matteo Fornasier

Download or read book The European Convention on Human Rights and Its Impact on National Private Law written by Matteo Fornasier and published by . This book was released on 2023-06-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.

Human Rights in the Private Sphere

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Author : Andrew Clapham
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198764311
Total Pages : 385 pages
Book Rating : 4.7/5 (643 download)

Book Synopsis Human Rights in the Private Sphere by : Andrew Clapham

Download or read book Human Rights in the Private Sphere written by Andrew Clapham and published by Oxford University Press on Demand. This book was released on 1996 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.

European Human Rights Law

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Author : Mark W. Janis
Publisher :
ISBN 13 : 019927746X
Total Pages : 1015 pages
Book Rating : 4.1/5 (992 download)

Book Synopsis European Human Rights Law by : Mark W. Janis

Download or read book European Human Rights Law written by Mark W. Janis and published by . This book was released on 2008 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Human Rights in National and International Law

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Author : Universität Wien. Rechts- und Staatswissenschaftliche Fakultät
Publisher : Manchester University Press
ISBN 13 : 9780719002960
Total Pages : 420 pages
Book Rating : 4.0/5 (29 download)

Book Synopsis Human Rights in National and International Law by : Universität Wien. Rechts- und Staatswissenschaftliche Fakultät

Download or read book Human Rights in National and International Law written by Universität Wien. Rechts- und Staatswissenschaftliche Fakultät and published by Manchester University Press. This book was released on 1968 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Organized jointly by the Law Faculty of the University of Vienna and the Council of Europe."

International Law of Human Rights

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Author : MichaelK. Addo
Publisher : Routledge
ISBN 13 : 1351562266
Total Pages : 733 pages
Book Rating : 4.3/5 (515 download)

Book Synopsis International Law of Human Rights by : MichaelK. Addo

Download or read book International Law of Human Rights written by MichaelK. Addo and published by Routledge. This book was released on 2017-07-05 with total page 733 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is a social construct crafted by human endeavour to achieve or at least contribute to the achievement of goals perceived to be valuable or necessary to effective social relations. In effect, international law is no more than a facilitative process and so cannot have answers and conclusions of its own other than what lies within the ambitions of those who define the limits of the process. The essays collected together here reveal how international law facilitates the achievement of the long standing ambition of turning human rights ideals and rhetoric into reality.

Human rights in Europe

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Author : J. G. Merrills
Publisher : Manchester University Press
ISBN 13 : 1526170582
Total Pages : 343 pages
Book Rating : 4.5/5 (261 download)

Book Synopsis Human rights in Europe by : J. G. Merrills

Download or read book Human rights in Europe written by J. G. Merrills and published by Manchester University Press. This book was released on 2022-12-20 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an ebook for the first time, the fourth edition of this book provides a comprehensive introduction to the most advanced international human rights system in the world – the European Convention on Human Rights. Full account is taken of developments to the Convention case law and the supervisory arrangements in the form of Protocol No. 11, together with relevant developments outside Strasbourg, including the human rights aspects of the EU and the Organisation for Cooperation and Security in Europe (OSCE). Reviews the new European Court of Human Rights, set up in 1998, and contrasts it with the original arrangements for supervising the Convention. Examines the relations between the Convention and other human rights arrangements, such as the OSCE and the European Social Charter. A valuable title in the Melland Schill Studies in International Law series.

The European Union and Human Rights

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

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:

Protection of Human Rights in Europe

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Author : Irene Maier
Publisher : C.F. Muller
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.:/5 (31 download)

Book Synopsis Protection of Human Rights in Europe by : Irene Maier

Download or read book Protection of Human Rights in Europe written by Irene Maier and published by C.F. Muller. This book was released on 1982 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights.