Author: Panos Kapotas
Publisher: Cambridge University Press
ISBN: 1108473326
Category : Law
Languages : en
Pages : 503
Book Description
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Building Consensus on European Consensus
Author: Panos Kapotas
Publisher: Cambridge University Press
ISBN: 1108473326
Category : Law
Languages : en
Pages : 503
Book Description
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
Publisher: Cambridge University Press
ISBN: 1108473326
Category : Law
Languages : en
Pages : 503
Book Description
Presents a critical evaluation of a controversial interpretative tool the ECtHR uses to answer morally/politically sensitive human rights questions.
European Consensus and the Legitimacy of the European Court of Human Rights
Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
ISBN: 1107041031
Category : Law
Languages : en
Pages : 255
Book Description
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
Publisher: Cambridge University Press
ISBN: 1107041031
Category : Law
Languages : en
Pages : 255
Book Description
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
The European Court of Human Rights and its Discontents
Author: Spyridon Flogaitis
Publisher: Edward Elgar Publishing
ISBN: 178254612X
Category : Political Science
Languages : en
Pages : 241
Book Description
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Publisher: Edward Elgar Publishing
ISBN: 178254612X
Category : Political Science
Languages : en
Pages : 241
Book Description
The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.
Comparative Reasoning in International Courts and Tribunals
Author: Daniel Peat
Publisher: Cambridge University Press
ISBN: 1108415474
Category : Law
Languages : en
Pages : 293
Book Description
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
Publisher: Cambridge University Press
ISBN: 1108415474
Category : Law
Languages : en
Pages : 293
Book Description
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
The European Court of Human Rights
Author: Angelika Nussberger
Publisher: Elements of International Law
ISBN: 0198849648
Category : Law
Languages : en
Pages : 257
Book Description
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.
Publisher: Elements of International Law
ISBN: 0198849648
Category : Law
Languages : en
Pages : 257
Book Description
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.
Constituting Europe
Author: Andreas Føllesdal
Publisher:
ISBN:
Category :
Languages : en
Pages : 441
Book Description
At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
Publisher:
ISBN:
Category :
Languages : en
Pages : 441
Book Description
At fifty, the European Court of Human Rights finds itself in a new institutional setting. With the EU joining the European Convention on Human Rights in the near future, and the Court increasingly having to address the responsibility of states in UN-lead military operations, the Court faces important challenges at the national, European and international levels. In light of recent reform discussions, this volume addresses the multi-level relations of the Court by drawing on existing debates, pointing to current deficits and highlighting the need for further improvements.
Legitimacy and International Courts
Author: Nienke Grossman
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397
Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397
Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Definition and Development of Human Rights and Popular Sovereignty in Europe
Author: European Commission for Democracy through Law
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 236
Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
Publisher: Council of Europe
ISBN: 9789287171344
Category : Political Science
Languages : en
Pages : 236
Book Description
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
The European Convention on Human Rights and General International Law
Author: Anne van Aaken
Publisher:
ISBN: 0198830009
Category : Law
Languages : en
Pages : 353
Book Description
This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.
Publisher:
ISBN: 0198830009
Category : Law
Languages : en
Pages : 353
Book Description
This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.
Law, Language and the Courtroom
Author: Stanislaw Gozdz Roszkowski
Publisher: Routledge
ISBN: 100048386X
Category : Language Arts & Disciplines
Languages : en
Pages : 255
Book Description
This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.
Publisher: Routledge
ISBN: 100048386X
Category : Language Arts & Disciplines
Languages : en
Pages : 255
Book Description
This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.