Conflicts Of Rights

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Resolving Conflicts between Human Rights

Author : Stijn Smet
Publisher : Taylor & Francis
ISBN 13 : 131721868X
Total Pages : 244 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Resolving Conflicts between Human Rights by : Stijn Smet

Download or read book Resolving Conflicts between Human Rights written by Stijn Smet and published by Taylor & Francis. This book was released on 2016-11-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

Conflicts of Law and Morality

Author : Kent Greenawalt
Publisher : Oxford University Press, USA
ISBN 13 : 0195058240
Total Pages : 396 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Conflicts of Law and Morality by : Kent Greenawalt

Download or read book Conflicts of Law and Morality written by Kent Greenawalt and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws.

Irresolvable Norm Conflicts in International Law

Author : Valentin Jeutner
Publisher : Oxford University Press
ISBN 13 : 0198808372
Total Pages : 209 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner

Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.

Conflicts Between Fundamental Rights

Author : Eva Brems
Publisher :
ISBN 13 : 9789050957793
Total Pages : 0 pages
Book Rating : 4.9/5 (577 download)

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Book Synopsis Conflicts Between Fundamental Rights by : Eva Brems

Download or read book Conflicts Between Fundamental Rights written by Eva Brems and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every human rights lawyer, at some point or other, comes across an issue of conflicting human rights. Yet there is surprisingly little literature on this issue; especially if one wants to examine the matter at a general level, above specific conflicts such as those between freedom of expression and the right to non-discrimination, or between religious freedom and women's rights. The international conference on conflicts between fundamental rights, which took place in Ghent (Belgium) in December 2006, brought together a diverse group of human rights scholars who reflected on this issue from different angles. The papers in this volume are selected from among those that were presented at the conference. The issue of conflicting rights is examined in both domestic and international human rights law, and deals with many different types of human rights, including economic and social rights. Some are empirical, describing and analyzing how courts and legislators deal with these issues. Others adopt a normative approach, establishing criteria that may guide future judges and lawmakers confronted with conflicts between fundamental rights.

Conflicts of Rights in the European Union

Author : Aida Torres Pérez
Publisher :
ISBN 13 : 0199568715
Total Pages : 224 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Conflicts of Rights in the European Union by : Aida Torres Pérez

Download or read book Conflicts of Rights in the European Union written by Aida Torres Pérez and published by . This book was released on 2009 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at a supranational level. Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

Conflicts Of Rights

Author : John Rowan
Publisher : Routledge
ISBN 13 : 0429981066
Total Pages : 217 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Conflicts Of Rights by : John Rowan

Download or read book Conflicts Of Rights written by John Rowan and published by Routledge. This book was released on 2018-04-24 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines two moral theories of rights justification and applies them to four social issues: redistributive taxation, affirmative action, pornography, and abortion. It assesses the ethical status of several candidate social policies that continue to be debated in the public arenas.

Women's Rights in Armed Conflict under International Law

Author : Catherine O'Rourke
Publisher : Cambridge University Press
ISBN 13 : 1108628311
Total Pages : 419 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Women's Rights in Armed Conflict under International Law by : Catherine O'Rourke

Download or read book Women's Rights in Armed Conflict under International Law written by Catherine O'Rourke and published by Cambridge University Press. This book was released on 2020-09-24 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

Human Rights in Armed Conflict

Author : Gerd Oberleitner
Publisher : Cambridge University Press
ISBN 13 : 1107087546
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Human Rights in Armed Conflict by : Gerd Oberleitner

Download or read book Human Rights in Armed Conflict written by Gerd Oberleitner and published by Cambridge University Press. This book was released on 2015-03-05 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

Human Rights and Conflict

Author : Julie Mertus
Publisher : US Institute of Peace Press
ISBN 13 : 9781929223770
Total Pages : 586 pages
Book Rating : 4.2/5 (237 download)

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Book Synopsis Human Rights and Conflict by : Julie Mertus

Download or read book Human Rights and Conflict written by Julie Mertus and published by US Institute of Peace Press. This book was released on 2006 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

Strategically Created Treaty Conflicts and the Politics of International Law

Author : Surabhi Ranganathan
Publisher : Cambridge University Press
ISBN 13 : 1107043301
Total Pages : 483 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Strategically Created Treaty Conflicts and the Politics of International Law by : Surabhi Ranganathan

Download or read book Strategically Created Treaty Conflicts and the Politics of International Law written by Surabhi Ranganathan and published by Cambridge University Press. This book was released on 2014-12-18 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.

Armed Conflicts and the Law

Author : Jan Wouters
Publisher :
ISBN 13 : 9781780683201
Total Pages : 0 pages
Book Rating : 4.6/5 (832 download)

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Book Synopsis Armed Conflicts and the Law by : Jan Wouters

Download or read book Armed Conflicts and the Law written by Jan Wouters and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Armed Conflicts and the Law is a book of impressive scope and depth. Ranging deftly across the spectrum of armed conflict and the law that governs it, this impressive work draws together new voices and world-renowned experts from the academy, military and the ICRC to examine the normative nuances of contemporary conflict. At the same time both scholarly and practical, Armed Conflicts and the Law will prove an invaluable resource for anyone dealing with the complex, synergistic, and evolving relationship between law and armed conflict." --Prof. Michael N. Schmitt, Director, Stockton Center for the Study of International Law, U.S. Naval War College *** Now available in paperback This book offers a comprehensive yet concise take on the legal regulation of the various phases in the complex cycle of armed conflicts, from prevention to reconstruction, and covering everything in between, in particular, the vast body of rules laid down in current international humanitarian law. It combines a general theoretical approach with modern practice in order to offer a complete picture of the law before, during, and after warfare. Through a series of thematic chapters that logically follow from one to another, the book tackles core issues relating to the international regulation of armed conflicts, while situating them in a broader societal context. Particular attention is given to the emergence of the European Union as an increasingly important regional and global player in international peace and security. In combination with the broad scope and accessible nature of volume, the experience and ambition on display makes it a unique reference tool for students, scholars, practitioners, civil servants, diplomats, and humanitarian/human rights workers around the globe. It is complemented by, and a helpful companion to, Jan Wouters's and Philip De Man's Humanitarian and Security Law: A Compendium of International and European Instruments ISBN 978 1 78068 051 4 (2012)]. (Series: International Law - Vol. 17) Subject: International Law, EU Law, Humanitarian Law]

Gender, Religion, and Family Law

Author : Lisa Fishbayn Joffe
Publisher : UPNE
ISBN 13 : 1611683270
Total Pages : 346 pages
Book Rating : 4.6/5 (116 download)

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Book Synopsis Gender, Religion, and Family Law by : Lisa Fishbayn Joffe

Download or read book Gender, Religion, and Family Law written by Lisa Fishbayn Joffe and published by UPNE. This book was released on 2013 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

Internationalized Armed Conflicts in International Law

Author : Kubo Macak
Publisher : Oxford University Press
ISBN 13 : 0192551787
Total Pages : 304 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Internationalized Armed Conflicts in International Law by : Kubo Macak

Download or read book Internationalized Armed Conflicts in International Law written by Kubo Macak and published by Oxford University Press. This book was released on 2018-07-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.

Conflicts in International Environmental Law

Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
ISBN 13 : 9783540405207
Total Pages : 236 pages
Book Rating : 4.4/5 (52 download)

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Book Synopsis Conflicts in International Environmental Law by : Rüdiger Wolfrum

Download or read book Conflicts in International Environmental Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2003-07-22 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an important contribution to both theoretical and practical approaches to solving contradictions and conflicts between the approaches, principles, objectives and regulations of international environmental agreements. The issue of the coordination and streamlining of environmental agreements is of growing importance regarding the increasing number of international regulations on the one hand and the urgency for effective instruments in the light of continuing environmental degradation on the other. This study will become an essential reference for scholars as well as practitioners working in the field of international environmental law.

When Human Rights Clash at the European Court of Human Rights

Author : Stijn Smet
Publisher : Oxford University Press
ISBN 13 : 0198795955
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis When Human Rights Clash at the European Court of Human Rights by : Stijn Smet

Download or read book When Human Rights Clash at the European Court of Human Rights written by Stijn Smet and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Conflicts Of Rights

Author : John Rowan
Publisher : Routledge
ISBN 13 : 0429969988
Total Pages : 240 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Conflicts Of Rights by : John Rowan

Download or read book Conflicts Of Rights written by John Rowan and published by Routledge. This book was released on 2018-04-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines two moral theories of rights justification and applies them to four social issues: redistributive taxation, affirmative action, pornography, and abortion. It assesses the ethical status of several candidate social policies that continue to be debated in the public arenas.