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Immunities And The Right Of Access To Court Under Article 6 Of The European Convention On Human Rights
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Book Synopsis Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights by : Matthias Kloth
Download or read book Immunities and the Right of Access to Court under Article 6 of the European Convention on Human Rights written by Matthias Kloth and published by BRILL. This book was released on 2010-03-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining immunities under public international law and privileges afforded to certain bodies and persons by domestic law, this book discusses the case-law of the European Court of Human Rights on the conflict between immunities and Article 6 of the European Convention on Human Rights.
Book Synopsis Immunities and the Right of Access to Court Under Article 6 of the European Convention on Human Rights by : Matthias Kloth
Download or read book Immunities and the Right of Access to Court Under Article 6 of the European Convention on Human Rights written by Matthias Kloth and published by BRILL. This book was released on 2010 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining immunities under public international law and privileges afforded to certain bodies and persons by domestic law, this book discusses the case-law of the European Court of Human Rights on the conflict between immunities and Article 6 of the European Convention on Human Rights.
Book Synopsis The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights by : Stephanos Stavros
Download or read book The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights written by Stephanos Stavros and published by BRILL. This book was released on 2021-09-27 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
Book Synopsis Due Process and Fair Trial in EU Competition Law by : Cristina Teleki
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Book Synopsis Immunity of International Organizations by :
Download or read book Immunity of International Organizations written by and published by BRILL. This book was released on 2015-06-19 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.
Book Synopsis The Role of International Administrative Law at International Organizations by :
Download or read book The Role of International Administrative Law at International Organizations written by and published by BRILL. This book was released on 2020-11-04 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
Book Synopsis The Right to a Fair Trial by : Piero Leanza
Download or read book The Right to a Fair Trial written by Piero Leanza and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is a basic principle of the rule of law in democratic societies, securing the right to a proper administration of justice. What makes the European Convention on Human Rights (ECHR) special in comparison with other international instruments is the possibility granted to any individual to file a complaint with the European Court of Human Rights (ECtHR). ECtHR cases are imbued with a 'preventive' impact: judges, courts, and tribunals in Signatory States to the ECHR are required to take into consideration Article 6 and the ECtHR's case law when handling and deciding cases. The copious case law of the ECtHR has led to an expansion of the number of specific rights deserving protection under the general category of the right to a fair trial, thus greatly enhancing the fundamental human rights that are listed in almost all international conventions and numerous state constitutions. This book focuses on the right to a fair trial as set forth in the ECHR and examines the guarantees provided by Article 6 both in civil and in criminal proceedings. Its coverage is wide-ranging but incisive, and includes such issues and topics as the following: meaning of 'civil right' and 'criminal charge'; disputes related to specific areas such as education, employment, and taxation; applicability to administrative proceedings, military courts, arbitrations, international tribunals, and 'hybrid' courts; legal aid; immunity; admissibility and assessment of evidence; right to a decision within a reasonable time; standing before the Court of Justice of the European Union (CJEU); right to the free assistance of an interpreter; individual case conflicts and possible resolutions; procedure before the hearing takes place; and use of modern technology. Numerous full paragraphs of important ECtHR decisions are included in the text, setting at the reader's disposal relevant passages and reducing research time. The authors also provide two schemes recommending steps that domestic courts should follow to keep the process within the boundaries of a fair trial.
Book Synopsis Cases and Materials on the European Convention on Human Rights by : Alastair R. Mowbray
Download or read book Cases and Materials on the European Convention on Human Rights written by Alastair R. Mowbray and published by Oxford University Press, USA. This book was released on 2007 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition provides students with a selection of the leading jurisprudence, together with commentary, on the major rights enshrined in the European Convention of Human Rights. It also examines the creation of the Convention, and the role of the institutions and remedies available at the European level.
Book Synopsis International Law Immunities and Employment Claims by : Pierfrancesco Rossi
Download or read book International Law Immunities and Employment Claims written by Pierfrancesco Rossi and published by Bloomsbury Publishing. This book was released on 2021-12-02 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive analysis of the international law regime of jurisdictional immunities in employment matters. Three main arguments lie at its heart. Firstly, this study challenges the widely held belief that international immunity law requires staff disputes to be subject to blanket or quasi-absolute immunity from jurisdiction. Secondly, it argues that it is possible to identify well-defined standards of limited immunity to be applied in the context of employment litigation against foreign states, international organizations and diplomatic and consular agents. Thirdly, it maintains that the interaction between the applicable immunity rules and international human rights law gives rise to a legal regime that can provide adequate protection to the rights of employees. A much-needed study into an under-researched field of international and employment law.
Book Synopsis The European Convention on Human Rights by :
Download or read book The European Convention on Human Rights written by and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 13. The right of return.
Book Synopsis Yearbook of the International Law Commission 2006, Vol. II, Part 1 (Addendum 2) by : International Law Commission
Download or read book Yearbook of the International Law Commission 2006, Vol. II, Part 1 (Addendum 2) written by International Law Commission and published by United Nations. This book was released on 2022-01-17 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification. Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.
Book Synopsis Yearbook of the European Convention on Human Rights, 2001/Annuaire De LA Convention Europenne Des Droits De L'Homme by : Council of Europe
Download or read book Yearbook of the European Convention on Human Rights, 2001/Annuaire De LA Convention Europenne Des Droits De L'Homme written by Council of Europe and published by Martinus Nijhoff Publishers. This book was released on 2002-10-01 with total page 1038 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 2001. Its presentation follows that of previous volumes. Part one contains basic texts and information of a general nature; part two deals with the European Commission of Human Rights; part three with the European Court of Human Rights; part four with the Resolutions of the Committee of Ministers; and parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A bibliography and index are included.
Book Synopsis The Privileges and Immunities of International Organizations in Domestic Courts by : August Reinisch
Download or read book The Privileges and Immunities of International Organizations in Domestic Courts written by August Reinisch and published by OUP Oxford. This book was released on 2013-09-12 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.
Book Synopsis No Citizens Here: Global Subjects and Participation in International Law by : René Urueña
Download or read book No Citizens Here: Global Subjects and Participation in International Law written by René Urueña and published by Martinus Nijhoff Publishers. This book was released on 2012-03-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International legal scholarship has traditionally celebrated the possibility of individuals being considered as subjects of international law. This book challenges that narrative, and reveals hidden patterns in the way we think about legal subjects in global governance. Building on the notion of a risk society, this book argues that international law creates fragmented subjectivities, whose conflicting identities help perpetuate a certain global loss of sense that is characteristic of our times. An innovative contribution that draws on a wealth of international legal materials (including human rights, EU law, international economic law, and international organizations), this book is useful to those with an interest in international legal theory, new approaches to international law, global constitutionalism, and global administrative law.
Book Synopsis Research Handbook on Jurisdiction and Immunities in International Law by : Alexander Orakhelashvili
Download or read book Research Handbook on Jurisdiction and Immunities in International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
Book Synopsis International Law Reports by : Elihu Lauterpacht
Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2007-10-18 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports in English on decisions of international courts and arbitrators and judgments of national courts.
Book Synopsis Jurisdictional Immunities of States and International Organizations by : Edward Chukwuemeke Okeke
Download or read book Jurisdictional Immunities of States and International Organizations written by Edward Chukwuemeke Okeke and published by Oxford University Press. This book was released on 2018-05-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers the relationship between the jurisdictional immunities of States and international organizations, addressing their similarities and dissimilarities. Their relationship with diplomatic immunity is also examined. It considers that the immunity of international organizations was historically conceived in terms of State immunity. The major aim of this book is to clarify the conceptual confusion that has often marred the understanding of the law of the, different but interrelated, jurisdictional immunities of both States and international organizations. The approach is to holistically analyze and synthesize select and relevant opinions of international and national courts. To achieve this, the book focuses more on what the law is than on what it should be. An understanding of the law is more useful to a practitioner than a criticism of it. The book is not an exegesis on everything immunity. The jurisdictional immunities of heads of State and of diplomats are beyond the scope of this book, and are only tangentially examined. The book concludes by making the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. The author intends to position the book to be of use both to scholars and practicing lawyers and legal advisers in government and international organizations, as well as to lawyers whose practice concerns issues and laws of privileges and immunities.
