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Author: Jörg Fedtke
Publisher: Routledge
ISBN: 1134099789
Category : Law
Languages : en
Pages : 567
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Book Description
Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.
Author: Jörg Fedtke
Publisher: Routledge
ISBN: 1134099789
Category : Law
Languages : en
Pages : 567
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Book Description
Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.
Author: Jorg Fedtke
Publisher: Routledge
ISBN: 1134099797
Category : Human rights
Languages : en
Pages : 605
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Book Description
Part Part I: Introduction -- chapter PART I: INTRODUCTION Human Rights and the Private Sphere - the Scope of the Project -- part Part II: National Jurisdictions European Convention on Human Rights -- chapter 1 Denmark Drittwirkung and Conflicting Rights - Viewed from National and International Perspectives -- chapter 2 England and Wales The Human Rights Act and the Private Sphere -- chapter 3 France Horizontal Application and the Triumph of the European Convention on Human Rights -- chapter 4 Germany Drittwirkung in Germany -- chapter 5 Greece Taking Private Law Seriously in the Application of Constitutional Rights -- chapter 6 India Protection of Human Rights against State and Non-State Action -- chapter 7 Ireland Irish Constitutional Law and Direct Horizontal Effect - A Successful Experiment? -- chapter 8 Israel Human Rights in Private Law - The Israeli Case -- chapter 9 Italy The Protection of Constitutional Rights in the Private Sphere -- chapter 10 New Zealand Taking Human Rights into the Private Sphere -- chapter 11 South Africa From Indirect to Direct Effect in South Africa: a System in Transition -- chapter 12 Spain A Jurisdiction Recognising the Direct Horizontal Application of Human Rights -- chapter 13 The United States and Canada: State Action, Constitutional Rights and Private Actors -- chapter 14 The European Convention on Human Rights The European Court of Human Rights.
Author: Andrew Clapham
Publisher: Oxford University Press on Demand
ISBN: 9780198764311
Category : Political Science
Languages : en
Pages : 385
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Book Description
This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.
Author: Mats G. Hansson
Publisher: Springer Science & Business Media
ISBN: 140206652X
Category : Philosophy
Languages : en
Pages : 184
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Book Description
This book describes an emotional territory, which forms the individual's own sphere of action and experience. This develops in the course of evolution in pace with the individual's conditions of life, brought about by challenges in the natural and social environment.
Author: Craig M. Scott
Publisher: Hart Publishing
ISBN: 1841130605
Category : Law
Languages : en
Pages : 776
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Book Description
The catalyst for this volume was a request to Scott (York U. Law School, Toronto) from Sudanese exiles for advice on transnational avenues for seeking justice against members of their government. The 26 contributions address the frames and foundations of human rights cases; jurisdiction and immunity; choice of law and causes of action; evolving international law on recourse against non-state actors; legitimacy, intervention, and forging of national histories; and the borders of tort theory. Includes tables of cases and legislation. Appends the UN Convention Against Torture, the US code on Alien Tort Claims and Torture Victims Protection Act, provisions of Private International Law (UK, 1995), and an update on developments related to the discussion of the Pinochet case. Distributed in the US by ISBS. c. Book News Inc.
Author: Robert Walters
Publisher: Springer Nature
ISBN: 9811521646
Category : Law
Languages : en
Pages : 377
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Book Description
This book aims to enrich the thinking and discussion in relation to the importance that citizenship, immigration, rights and private laws play in the modern world. This is in a time when social cohesion and national identity is being challenged. It will explore the impact these laws have had on Australia, European Union (EU) and Slovenia. Identity and social cohesion are contested concepts and can invoke different responses. The challenges states and the EU are likely to face in retaining and even strengthening their respective identities and social cohesion from continued geopolitical shocks, security, economic volatility and environmental degradation is likely to be formidable. These alone pose some of the most complex political and policy issues facing the world. The EU can be held up as a polity that, has developed an identity and level of cohesion, while allowing member states to retain their national identities. It has, to date, also been successful in managing the rise of nationalism. However, that has come under threat in recent times. Thus, the very foundations of liberal democracy could be diluted from the impact of these challenges. Moreover, the basic foundations of rights have, in part, already been diluted from the rise of terrorism (which is acceptable), however, the geopolitical differences pose a significant challenge, in, and of themselves.
Author: Academy of European Law
Publisher: Kluwer Law International B.V.
ISBN: 9041112529
Category : Law
Languages : en
Pages : 260
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Book Description
The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
Author: Anthony Cullen
Publisher: Cambridge University Press
ISBN: 1139486608
Category : Law
Languages : en
Pages : 237
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Book Description
Anthony Cullen advances an argument for a particular approach to the interpretation of non-international armed conflict in international humanitarian law. The first part examines the origins of the 'armed conflict' concept and its development as the lower threshold for the application of international humanitarian law. Here the meaning of the term is traced from its use in the Hague Regulations of 1899 until the present day. The second part focuses on a number of contemporary developments which have affected the scope of non-international armed conflict. The case law of the International Criminal Tribunals for the former Yugoslavia has been especially influential and the definition of non-international armed conflict provided by this institution is examined in detail. It is argued that this concept represents the most authoritative definition of the threshold and that, despite differences in interpretation, there exist reasons to interpret an identical threshold of application in the Rome Statute.
Author: Attila Fenyves
Publisher: Walter de Gruyter
ISBN: 311026000X
Category : Law
Languages : en
Pages : 933
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Book Description
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Author: Curtis F.J. Doebbler
Publisher: Rowman & Littlefield
ISBN: 153811125X
Category : Law
Languages : en
Pages : 701
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Book Description
Significant use has been made of the jurisprudence of the International Court of Justice because it is the principle judicial organ of the world's most universal international organization, the United Nations. Moreover, article 103 of the Charter of the United Nations makes the obligations in this treaty superior any other treaty obligations into which States may enter. The Dictionary of Public International Law contains a chronology, an introduction, glossary of Foreign Terms, tables of Treaties and Cases, an extensive bibliography, and an index. The dictionary section has over 400 cross-referenced entries on significant persons, important treaties and conventions, organizations and tribunals, and important cases and issues they have dealt with. This book is an excellent resource for students, researchers, and anyone wanting to know more about international law.
