The Interpretation and Application of the European Convention of Human Rights

Download The Interpretation and Application of the European Convention of Human Rights PDF Online Free

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004242813
Total Pages : 304 pages
Book Rating : 4.0/5 (42 download)

DOWNLOAD NOW!


Book Synopsis The Interpretation and Application of the European Convention of Human Rights by : Malgosia Fitzmaurice

Download or read book The Interpretation and Application of the European Convention of Human Rights written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2012-12-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law

The European Convention on Human Rights

Download The European Convention on Human Rights PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0191066761
Total Pages : 1433 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!


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 1433 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.

Introduction to the European Convention on Human Rights

Download Introduction to the European Convention on Human Rights PDF Online Free

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

DOWNLOAD NOW!


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.

General Principles of the European Convention on Human Rights

Download General Principles of the European Convention on Human Rights PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1316517535
Total Pages : 405 pages
Book Rating : 4.3/5 (165 download)

DOWNLOAD NOW!


Book Synopsis General Principles of the European Convention on Human Rights by : Janneke Gerards

Download or read book General Principles of the European Convention on Human Rights written by Janneke Gerards and published by Cambridge University Press. This book was released on 2023-06-30 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides broad and deep insight in the core concepts and principles of the European Convention on Human Rights.

The European Convention on Human Rights and the Employment Relation

Download The European Convention on Human Rights and the Employment Relation PDF Online Free

Author :
Publisher : A&C Black
ISBN 13 : 1782252118
Total Pages : 769 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!


Book Synopsis The European Convention on Human Rights and the Employment Relation by : Filip Dorssemont

Download or read book The European Convention on Human Rights and the Employment Relation written by Filip Dorssemont and published by A&C Black. This book was released on 2014-07-18 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

The Application of the European Convention on Human Rights

Download The Application of the European Convention on Human Rights PDF Online Free

Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 472 pages
Book Rating : 4.:/5 (318 download)

DOWNLOAD NOW!


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.

Explanatory Report on Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Download Explanatory Report on Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms PDF Online Free

Author :
Publisher : Council of Europe
ISBN 13 : 9789287107596
Total Pages : 26 pages
Book Rating : 4.1/5 (75 download)

DOWNLOAD NOW!


Book Synopsis Explanatory Report on Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms by : Council of Europe

Download or read book Explanatory Report on Protocol No. 7 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 1985-01-01 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Building Consensus on European Consensus

Download Building Consensus on European Consensus PDF Online Free

Author :
Publisher : Cambridge University Press
ISBN 13 : 1108473326
Total Pages : 503 pages
Book Rating : 4.1/5 (84 download)

DOWNLOAD NOW!


Book Synopsis Building Consensus on European Consensus by : Panos Kapotas

Download or read book Building Consensus on European Consensus written by Panos Kapotas and published by Cambridge University Press. This book was released on 2019-01-17 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.

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

Download The Development of International Law by the European Court of Human Rights PDF Online Free

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

DOWNLOAD NOW!


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.

The European Convention on Human Rights and General International Law

Download The European Convention on Human Rights and General International Law PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 : 0192565532
Total Pages : 353 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!


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 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.

Extraterritorial Application of Human Rights Treaties

Download Extraterritorial Application of Human Rights Treaties PDF Online Free

Author :
Publisher : OUP Oxford
ISBN 13 : 0191504807
Total Pages : 301 pages
Book Rating : 4.1/5 (915 download)

DOWNLOAD NOW!


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.

Protecting the right to freedom of expression under the European Convention on Human Rights

Download Protecting the right to freedom of expression under the European Convention on Human Rights PDF Online Free

Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

DOWNLOAD NOW!


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.

A Theory of Interpretation of the European Convention on Human Rights

Download A Theory of Interpretation of the European Convention on Human Rights PDF Online Free

Author :
Publisher : Oxford University Press
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.3/5 (91 download)

DOWNLOAD NOW!


Book Synopsis A Theory of Interpretation of the European Convention on Human Rights by : George Letsas

Download or read book A Theory of Interpretation of the European Convention on Human Rights written by George Letsas and published by Oxford University Press. This book was released on 2007-12-13 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the European Convention on Human Rights aims at propounding an evaluative theory of interpretation for the Convention, and seeks to locate interpretive values within the history of the ECHR by surveying and analysing relevant judgements of the European Court of Human Rights.

The Universal Declaration of Human Rights

Download The Universal Declaration of Human Rights PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (467 download)

DOWNLOAD NOW!


Book Synopsis The Universal Declaration of Human Rights by :

Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Consensus-Based Interpretation of Regional Human Rights Treaties

Download Consensus-Based Interpretation of Regional Human Rights Treaties PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004375511
Total Pages : 308 pages
Book Rating : 4.0/5 (43 download)

DOWNLOAD NOW!


Book Synopsis Consensus-Based Interpretation of Regional Human Rights Treaties by : Francisco Pascual-Vives

Download or read book Consensus-Based Interpretation of Regional Human Rights Treaties written by Francisco Pascual-Vives and published by BRILL. This book was released on 2019-07-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus while the European and Inter-American Courts on Human Rights undertake an evolutive interpretation of regional human rights treaties.

The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence

Download The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence PDF Online Free

Author :
Publisher : BRILL
ISBN 13 : 9004482261
Total Pages : 241 pages
Book Rating : 4.0/5 (44 download)

DOWNLOAD NOW!


Book Synopsis The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence by : Howard Charles Yourow

Download or read book The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence written by Howard Charles Yourow and published by BRILL. This book was released on 2021-09-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.

European Convention on Human Rights in the Context of the European Union Law

Download European Convention on Human Rights in the Context of the European Union Law PDF Online Free

Author :
Publisher : GRIN Verlag
ISBN 13 : 366841596X
Total Pages : 18 pages
Book Rating : 4.6/5 (684 download)

DOWNLOAD NOW!


Book Synopsis European Convention on Human Rights in the Context of the European Union Law by : Sead S. Fetahagić

Download or read book European Convention on Human Rights in the Context of the European Union Law written by Sead S. Fetahagić and published by GRIN Verlag. This book was released on 2017-03-14 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2003 in the subject Politics - Topic: Public International Law and Human Rights, grade: 8/10, University of Sarajevo (Centre for Interdisciplinary Postgraduate Studies), course: European Studies, language: English, abstract: The paper offers a review of a parallel development of two distinct but increasingly overlapping systems of the protection of human rights, the one under the auspices of the Council of Europe and its European Convention on Human Rights and the other integrated within the Community Law of the European Communities and later the European Union. The former established the individual citizen as the subject of international law, who may seek protection for alleged violations of his/her rights directly from the European Court of Human Rights in Strasbourg. This system operates relatively efficiently since it is based on the largely universally accepted political principles of democracy and human rights by all member states of the Council of Europe. In contrast, the Community Law system is concerned more with economic and social rights of the European Union citizens. Given a specific supra-national legal system of the European Union some of its norms may collide with the European Convention on Human Rights as well as with national constitutions of EU member states. Under the doctrine of "surrendered sovereignty" the European Court of Justice is authorized to issue direct orders to national courts when applying the Community Law. This is not the case with the European Court of Human Rights, which can act only on an individual case-to-case basis without giving preliminary judgements on national laws in general. Moreover, the two courts gave different interpretations of certain provisions of the European Convention on Human Rights in the past and issued contradictory judgements. To avoid such problems, some have proposed an idea that, despite the fact that all EU member states have signed the European Convention on Human Rights, the European Union as an entity should do the same in order to ensure uniformity of legal interpretations and judicial practice, which again raises questions on the legal nature of the European Union.