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The Inter State Application Under The European Convention On Human Rights
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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 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 Positive Obligations of the State under the European Convention of Human Rights by : Dimitris Xenos
Download or read book The Positive Obligations of the State under the European Convention of Human Rights written by Dimitris Xenos and published by Taylor & Francis. This book was released on 2012-04-27 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state’s business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state’s positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
Book Synopsis 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 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.
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.
Book Synopsis Extraterritorial Application of Human Rights Treaties by : Marko Milanovic
Download or read book Extraterritorial Application of Human Rights Treaties written by Marko Milanovic and published by OUP Oxford. This book was released on 2013-03-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.
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 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Convention on Human Rights. It describes the reports and.
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 2018-10-04 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.
Book Synopsis “Hard Power” and the European Convention on Human Rights by : Peter Kempees
Download or read book “Hard Power” and the European Convention on Human Rights written by Peter Kempees and published by BRILL. This book was released on 2020-11-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the law of the European Convention on Human Rights as relevant to the exercise of ‘hard power’, which expression includes armed conflict, belligerent occupation, peacekeeping and peace-enforcing, anti-terrorism and anti-piracy operations, hybrid warfare, cyber-attack and targeted assassination.
Author :Council of Europe/Conseil de L'Europe Publisher :Martinus Nijhoff Publishers ISBN 13 :9024715466 Total Pages :1010 pages Book Rating :4.0/5 (247 download)
Book Synopsis European Convention on Human Rights Year: 1971 by : Council of Europe/Conseil de L'Europe
Download or read book European Convention on Human Rights Year: 1971 written by Council of Europe/Conseil de L'Europe and published by Martinus Nijhoff Publishers. This book was released on 1973-07-01 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.
Book Synopsis The European Convention for the Protection of Human Rights by : Mireille Delmas-Marty
Download or read book The European Convention for the Protection of Human Rights written by Mireille Delmas-Marty and published by BRILL. This book was released on 2021-10-25 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.
Book Synopsis The EU Accession to the ECHR by : Vasiliki Kosta
Download or read book The EU Accession to the ECHR written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.
Book Synopsis Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms by : Council of Europe
Download or read book Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms written by Council of Europe and published by Council of Europe. This book was released on 1994-01-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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.
