The Reception Of International Law In The European Court Of Human Rights

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The Reception of International Law in the European Court of Human Rights

Author : Magdalena Forowicz
Publisher :
ISBN 13 : 0199592675
Total Pages : 457 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Reception of International Law in the European Court of Human Rights by : Magdalena Forowicz

Download or read book The Reception of International Law in the European Court of Human Rights written by Magdalena Forowicz and published by . This book was released on 2010 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.

A Farewell to Fragmentation

Author : Mads Tønnesson Andenæs
Publisher : Cambridge University Press
ISBN 13 : 1107082099
Total Pages : 605 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A Farewell to Fragmentation by : Mads Tønnesson Andenæs

Download or read book A Farewell to Fragmentation written by Mads Tønnesson Andenæs and published by Cambridge University Press. This book was released on 2015-10-09 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

The Reception of International Law in the Case Law of the European Court of Human Rights

Author : Magdalena Forowicz
Publisher :
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.:/5 (732 download)

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Book Synopsis The Reception of International Law in the Case Law of the European Court of Human Rights by : Magdalena Forowicz

Download or read book The Reception of International Law in the Case Law of the European Court of Human Rights written by Magdalena Forowicz and published by . This book was released on 2009 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The European Court of Human Rights

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

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

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

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

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

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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

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

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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.

The Influence of Human Rights on International Law

Author : Norman Weiß
Publisher : Springer
ISBN 13 : 3319120212
Total Pages : 246 pages
Book Rating : 4.3/5 (191 download)

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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 246 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.

Human Rights Law in Europe

Author : Kanstantsin Dzehtsiarou
Publisher : Routledge
ISBN 13 : 1135971935
Total Pages : 398 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Human Rights Law in Europe by : Kanstantsin Dzehtsiarou

Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Hierarchy in International Law

Author : Erika De Wet
Publisher : OUP Oxford
ISBN 13 : 0199647070
Total Pages : 368 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Hierarchy in International Law by : Erika De Wet

Download or read book Hierarchy in International Law written by Erika De Wet and published by OUP Oxford. This book was released on 2012-03-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existence of a hierarchy between the different international legal rules is increasingly being debated. This volume will identify the extent to which judicial bodies and domestic courts contribute to an emerging normative hierarchy within international law, based on the primacy of human rights.

A Europe of Rights

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

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

Author : Louwrens R. Kiestra
Publisher : Springer
ISBN 13 : 9462650322
Total Pages : 335 pages
Book Rating : 4.4/5 (626 download)

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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 335 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 Interpretation and Application of the European Convention of Human Rights

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

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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 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.

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.

Extraterritorial Application of Human Rights Treaties

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

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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.

International Human Rights Law in a Global Context

Author : Felipe Gómez Isa
Publisher : Universidad de Deusto
ISBN 13 : 8498308135
Total Pages : 974 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis International Human Rights Law in a Global Context by : Felipe Gómez Isa

Download or read book International Human Rights Law in a Global Context written by Felipe Gómez Isa and published by Universidad de Deusto. This book was released on 2009-01-01 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

The International Law of Human Rights and States of Exception

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
ISBN 13 : 9004479317
Total Pages : 808 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The International Law of Human Rights and States of Exception by : Anna-Lena Svensson-McCarthy

Download or read book The International Law of Human Rights and States of Exception written by Anna-Lena Svensson-McCarthy and published by BRILL. This book was released on 2021-09-27 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.