Border Deaths at Sea under the Right to Life in the European Convention on Human Rights PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Border Deaths at Sea under the Right to Life in the European Convention on Human Rights PDF full book. Access full book title Border Deaths at Sea under the Right to Life in the European Convention on Human Rights by Lisa-Marie Komp. Download full books in PDF and EPUB format.
Author: Lisa-Marie Komp
Publisher: Taylor & Francis
ISBN: 1000778142
Category : Law
Languages : en
Pages : 200
Get Book Here
Book Description
This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court’s creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.
Author: Lisa-Marie Komp
Publisher: Taylor & Francis
ISBN: 1000778142
Category : Law
Languages : en
Pages : 200
Get Book Here
Book Description
This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court’s creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.
Author: Parvati Nair
Publisher: Taylor & Francis
ISBN: 100018255X
Category : Photography
Languages : en
Pages : 225
Get Book Here
Book Description
Focusing on the Mediterranean region from 2015 onwards, this volume explores photography’s engagement with displacement, a process that denotes the environmental and social breakdown of places and the forced mobility of people. The ongoing proliferation of photography of the displaced plays a crucial role in shaping opinions, by sensitising the public to the despair of displacement and hardening them to the trope through repeated exposure. Through a range of images by both established and amateur photographers, as well as ethnographic notes that draw from interviews with actors who are either displaced or working with the displaced, Parvati Nair questions the extent to which photography opens a space of possibility for the displaced in the face of globally dominant ideological drives that lead to the Anthropocene. Chapters focus on key aspects of this mass phenomenon, such as the question of crises no longer as exception but as historical process, the lived experiences of protracted relegation to borders and exposure to possible death, the prevalence of domicide and the spread of encampments, and the question of hope for the future. The book will be of interest to scholars in photography theory, migration and refugee studies, art history, Mediterranean studies, and political science.
Author: Linnéa Nordlander
Publisher: Taylor & Francis
ISBN: 100099211X
Category : Law
Languages : en
Pages : 264
Get Book Here
Book Description
This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.
Author: Janika Spannagel
Publisher: Taylor & Francis
ISBN: 1000893448
Category : Political Science
Languages : en
Pages : 200
Get Book Here
Book Description
This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the ‘human rights defender’ term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk.
Author: Jurgita Bukauskaite
Publisher: Taylor & Francis
ISBN: 1000866556
Category : Political Science
Languages : en
Pages : 211
Get Book Here
Book Description
Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both. This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners, civil society actors, and students of feminist legal theory, gender equality, gender in international law, gender and human rights and conceptual democracy.
Author: Oscar Pérez de la Fuente
Publisher: Taylor & Francis
ISBN: 1000874044
Category : Political Science
Languages : en
Pages : 217
Get Book Here
Book Description
Minorities, Free Speech and the Internet explores the regulation of free speech online and offline. Views are divided as to how much regulation of the Internet is appropriate. Some argue that it should be an unregulated space for free content. On the other hand, in many democracies, online hate speech, harassment and xenophobia are prohibited and punished. This book provides a forum for leading international scholars to address domestic and comparative dimensions of this complex legal conundrum. First, the authors analyse the free speech and Internet regulations in different legal cultures, including the United States, Europe, China and Russia. Second, they study fake news, extreme right speech and the implications of hate speech on pluralistic society. Third, they examine different case law addressing minority sensibilities, historical discriminations, offensive propaganda and other issues particularly concerning minorities and free speech. This book will be of interest to students and scholars interested in the topics of hate speech and minorities, democracy, misinformation and debates about the Internet, as well as political science researchers.
Author: Evgenia Iliadou
Publisher: Policy Press
ISBN: 1529212774
Category : Social Science
Languages : en
Pages : 177
Get Book Here
Book Description
The Greek island of Lesvos is frequently the subject of news reports on the refugee ‘crisis’, but they only occasionally focus on the dire living conditions of asylum seekers already present on the island. Through direct experience as an activist in Lesvos refugee camps and detention centres, Iliadou gives voice to those with lived experiences of state violence. The author considers the escalation of EU border regime and deterrence policies seen in the past decade alongside their present impacts. Asking why the social harm and suffering border crossers experience is normalized and rendered invisible, the book highlights the collective, global responsibility for safeguarding refugees’ human rights.
Author: Felicity G. Attard
Publisher: BRILL
ISBN: 9004438254
Category : Law
Languages : en
Pages : 374
Get Book Here
Book Description
In The Shipmaster's Duty to Render Assistance at Sea under Internationl Law, Felicity G. Attard examines the web of applicable international rules regulating one of the most fundamental obligations at sea. The study explores the shipmaster's duty to render assistance at sea under treaty law, customary international law, and other international instruments. It focuses on an assessment of the duty in light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. Whilst Article 98 of the 1982 United Nations Convention on the Law of the Sea provides the basis for the regime regulating the duty, the study addresses other relevant rules adopted by the International Maritime Organization and the International Labour Organization. Due to the humanitarian ramifications of the rendering of assistance at sea, the book considers further obligations imposed under human rights law and refugee law. The study presents a comprehensive analysis of shipmaster's responsibilities in rescue operations, and their role in the fulfilment of States' international obligations in the rendering of assistance.
Author: David Moya
Publisher: BRILL
ISBN: 9004465693
Category : Law
Languages : en
Pages : 306
Get Book Here
Book Description
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum, exploring the role of the Court in this area of law. Each chapter deals with the case law on one specific ECHR article that is relevant for migrants, asylum seekers and refugees. In addition, the volume is enriched by two additional studies which deal with issues that are treated in a transversal manner, namely vulnerability and the margin of appreciation. The volume systematises the case law on aliens’ rights under the ECHR, offering readers the chance to familiarise themselves with or gain deeper insight into the main principles the Strasbourg court applies in its case law regarding aliens.
Author: Satvinder S. Juss
Publisher: Routledge
ISBN: 1317042646
Category : Law
Languages : en
Pages : 767
Get Book Here
Book Description
The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.
