Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Fragmentation In International Human Rights Law
Download Fragmentation In International Human Rights Law full books in PDF, epub, and Kindle. Read online Fragmentation In International Human Rights Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Fragmentation in International Human Rights Law by : Marjan Ajevski
Download or read book Fragmentation in International Human Rights Law written by Marjan Ajevski and published by Routledge. This book was released on 2017-07-14 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the effects of institutional fragmentation in international human rights law, by comparing the rights jurisprudence of three human rights courts and bodies, namely the European Court for Human Rights, the Inter-American Court for Human Rights and the Human Rights Committee. Contributions cover the areas of freedom of expression (journalism and the media), right to privacy, freedom of assembly and freedom of association (political parties), and measure the extent of fragmentation of human rights protection. Moreover, the volume argues that, while the conflict of laws approach, favoured by the International Law Commission, might work in avoiding outright conflict in obligation, in practice it is not an approach that presents a viable research agenda when it comes to understanding the causes and consequences of institutional fragmentation. This is especially evident in areas like international human rights, where the possibility of a silent drift between the jurisprudence of the three courts is a real possibility. This book was originally published as a special issue of the Nordic Journal of Human Rights.
Book Synopsis Fragmentation and Integration in Human Rights Law by : Eva Brems
Download or read book Fragmentation and Integration in Human Rights Law written by Eva Brems and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users.The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law.Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look.
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.
Book Synopsis Judicial Covergence and Fragmentation in International Human Rights Law by : Elena Abrusci
Download or read book Judicial Covergence and Fragmentation in International Human Rights Law written by Elena Abrusci and published by Cambridge University Press. This book was released on 2022-12-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.
Book Synopsis Judicial Convergence and Fragmentation in International Human Rights Law by : Elena Abrusci
Download or read book Judicial Convergence and Fragmentation in International Human Rights Law written by Elena Abrusci and published by Cambridge University Press. This book was released on 2022-12-31 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Book Synopsis The Diversification and Fragmentation of International Criminal Law by : Larissa van den Herik
Download or read book The Diversification and Fragmentation of International Criminal Law written by Larissa van den Herik and published by Martinus Nijhoff Publishers. This book was released on 2012 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Book Synopsis Conflict of Norms in a Fragmented International Legal System. A Critical Analysis by : P. R. Kalidhass
Download or read book Conflict of Norms in a Fragmented International Legal System. A Critical Analysis written by P. R. Kalidhass and published by GRIN Verlag. This book was released on 2014-05-16 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2010 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A plus, Jawaharlal Nehru University , course: Master of Philosophy (M.Phil.), language: English, abstract: From the beginning of the twenty-first century the international community started addressing the issue of fragmentation of international law. In 2000, the International Law Commission (ILC) decided to include the topic “[r]isks ensuing from the fragmentation of international law” into its long-term programme of work. This initiative raises some basic questions: is international law a fragmented system? If it is so, what is the problem with the fragmentation? and how can the problem be resolved? This dissertation mainly revolves around these three major issues. It assumes that today’s fragmented international law is part of historical evolution or process. In contemporary times, the term ‘fragmentation’ is commonly used to refer to the slicing up of international law ‘into regional or functional regimes that cater for special audiences with special interests and ethos’. The most notable functional regimes are international trade law, environmental law, human rights law, humanitarian law, law of the sea and so on – when there is a collision between these regimes – than the conflict of norms becomes an unavoidable consequence – because each regime seeks favorable treatment towards its own. The absence of normative and institutional hierarchy in international law means that the evolution of such regimes is perceived by some as posing a threat to the coherence, effectiveness and predictability of international law. Others see these regimes as contributing to the development of international law. To respond to the problem of fragmentation, the ILC examined the regimes in detail and tentatively concluded that these specialized legal regimes are merely informal labels with no normative value per se – hence, it viewed that they are all within or part of broader territorial domain of general international law – and codified some of existing conflict resolving techniques to solve the problem of conflict of norms. However, the proposed techniques solve the conflict of norms only within regimes but not across regimes. The question remains as to how to solve the norm conflict across regimes?
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Book Synopsis International Law between Universalism and Fragmentation by : Isabelle Buffard
Download or read book International Law between Universalism and Fragmentation written by Isabelle Buffard and published by BRILL. This book was released on 2009-02-28 with total page 1131 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift is published on the occasion of Gerhard Hafner’s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafner’s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this Festschrift reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the Festschrift. Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.
Book Synopsis The Right to Food and the World Trade Organization's Rules on Agriculture by : Rhonda Ferguson
Download or read book The Right to Food and the World Trade Organization's Rules on Agriculture written by Rhonda Ferguson and published by BRILL. This book was released on 2018-01-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Right to Food and the World Trade Organization’s Rules on Agriculture, Rhonda Ferguson explores the relationship between the right to food and agricultural trade. The analysis is situated within the context of debates surrounding the fragmentation of international law.
Book Synopsis The Idea of International Human Rights Law by : Steven Wheatley
Download or read book The Idea of International Human Rights Law written by Steven Wheatley and published by Oxford University Press. This book was released on 2019-01-17 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
Book Synopsis Fragmentation of International Law by : United Nations. International Law Commission
Download or read book Fragmentation of International Law written by United Nations. International Law Commission and published by . This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Non-Proliferation Law as a Special Regime by : Daniel H. Joyner
Download or read book Non-Proliferation Law as a Special Regime written by Daniel H. Joyner and published by Cambridge University Press. This book was released on 2012-09-20 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do WMD non-proliferation treaties comprise a special regime in international law, with rules that differ from general international law?
Book Synopsis Towards Convergence in International Human Rights Law by : Carla M. Buckley
Download or read book Towards Convergence in International Human Rights Law written by Carla M. Buckley and published by BRILL. This book was released on 2016-11-10 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this edited collection, leading jurists and scholars examine how far regional and international human rights bodies borrow from and influence each other in their decisions and practices – and whether international human rights law is heading towards fragmentation or greater coherence.
Book Synopsis International Courts and Environmental Protection by : Tim Stephens
Download or read book International Courts and Environmental Protection written by Tim Stephens and published by Cambridge University Press. This book was released on 2009-02-12 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.
Book Synopsis Fragmentation vs the Constitutionalisation of International Law by : Andrzej Jakubowski
Download or read book Fragmentation vs the Constitutionalisation of International Law written by Andrzej Jakubowski and published by Routledge. This book was released on 2016-07-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.
Book Synopsis A Farewell to Fragmentation by : Mads Andenas
Download or read book A Farewell to Fragmentation written by Mads Andenas 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: Fragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.
