Author: Council of Europe
Publisher: Conseil de l'Europe
ISBN: 9789287166531
Category : Business & Economics
Languages : en
Pages : 92
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Book Description
Protocol No. 14bis, allows, pending the entry into force of Protocol No. 14, the application of two procedural elements of Protocol No. 14 with respect to those States that express their consent: a single judge will be able to reject manifestly inadmissible applications, whereas now this requires a decision by a committee of three judges. the competence of three-judge committees is extended to declare applications admissible and decide on their merits where there already is a well-established case law of the Court. Currently, these cases are handled by chambers of seven judges. The provisions of Protocol No.14bis shall apply to applications pending before the Court against each of the States for which the Protocol has entered into force. States may provisionally apply the provisions of Protocol No. 14bis before its entry into force, if they so wish
Author: Peter Halstead
Publisher: Routledge
ISBN: 1317814649
Category : Law
Languages : en
Pages : 446
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Book Description
Unlocking Human Rights will ensure that you grasp the main concepts of this fascinating and dynamic area of law with ease, providing you with an indispensible foundation in the subject. The book explains in detailed, yet straightforward, terms: • The nature of human rights • European Convention on Human Rights • Human Rights Act • Right to life • Torture, inhuman or degrading treatment or punishment • Public order, police powers, freedom of association and assembly • Right to a fair trial • Freedom of expression • Privacy, private life and marriage • Right to liberty and security • Prohibition of discrimination • Terrorism • Freedom of thought, conscience and religion • Property rights • Contemporary themes of UN human rights review of the UK, constitutional reform, and security The book provides practical knowledge to help you apply the understanding of these themes and explains: • Rights concepts and language • How the Convention and Human Rights Act operate • Ways in which applicants use the procedures to remedy injustices when domestic UK law has let them down • What kinds of protection are available to everyone within the UK’s jurisdiction • How a balance is struck between the need to protect many different kinds of right in the modern world, with the equally important need to protect everyone from external threats • Why it is vital that essential freedoms of thought, conscience, religion, association, assembly and expression are protected • How the ‘rights’ which everyone claims as their own have to be balanced against the qualifications or restrictions that are imposed to protect other people’s interests This new volume is fully up-to-date with the latest changes in the law and includes discussion of essential developments, including the Protection of Freedom Act 2012, Marriage (Same Sex Couples) Act 2013 and the Succession to the Crown Act 2013.
Author: Nuala Mole
Publisher: Council of Europe
ISBN: 9789287168191
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
Political upheavals, economic reforms, social instability and civil war have all been factors contributing to changes in the mixed flows of migrants both to and within Europe. Many of those in need of international protection are forced to seek it in Europe and the new member states of the enlarged Council of Europe are now also experiencing the arrival of asylum seekers. This revised edition considers the substantial body of case law of the European Court of Human Rights which has examined the compatibility of the Convention with measures taken by states in relation to all aspects of the asylum process. It also observes the role of subsidiary protection offered by the Strasbourg organs in protecting those at risk of prohibited treatment. In addition, the study considers the increasingly relevant provisions of EU law developments in the field, as well as measures taken in the context of terrorist threats – both of which have had a significant impact on the practical circumstances and law on refugees and asylum seekers. --back cover.
Author: Christina M. Cerna
Publisher: Routledge
ISBN: 1351905538
Category : Political Science
Languages : en
Pages : 617
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Book Description
Over the past sixty years the regional human rights systems have surpassed the UN human rights bodies in affording protection to the victims of human rights violations. Most of these systems have courts that are empowered to issue legally binding judgments and reparations for violations of human rights, which states have been unwilling to accord the UN system. The essays selected for this volume examine the structure and functioning of the principal regional human rights systems in the world today: 1) the Inter-American Commission and Court of Human Rights, 2) the European Court of Human Rights, 3) the African Commission and Court of Human and Peoples’ Rights and 4) the ASEAN Intergovernmental Human Rights Commission. These systems guarantee primarily civil and political rights. Central to all four systems is the necessity of a democratic form of government to guarantee these rights, although not all governments, parties to these regional treaties, are democracies. These articles trace the history of these systems, in particular, the expansion of their membership to include almost all independent countries in the region, and their evolution towards recognition of a 'right to democracy'.
Author: David A. Frenkel
Publisher: ATINER
ISBN: 9609549098
Category : International law
Languages : en
Pages : 312
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Book Description
The articles are based on selected presentations at International Conferences on Law, organized by the Athens Institute for Education and Research (ATINER) held in Athens, Greece -- Introd.
Author: Samantha Besson
Publisher: Cambridge University Press
ISBN: 1009406469
Category : Law
Languages : en
Pages : 393
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Book Description
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.
Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004194835
Category : Law
Languages : en
Pages : 644
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Book Description
International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Author: Neil Walker
Publisher: Bloomsbury Publishing
ISBN: 1847317863
Category : Law
Languages : en
Pages : 404
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Book Description
This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal challenges to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime through the ECHR and various democracy-building measures; as well as Europe's ever thicker relations, both with its border regions and with broader international institutions, especially those of the United Nations. Together these developments create increasingly dense networks of constitutional authority within the European space. This fluid and multi-dimensional dynamic is difficult to classify, and indeed may seem in many ways impenetrable, but that makes the explanatory challenge all the more important and pressing. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe in order to address these complex issues and to supply illustrative case-studies in the topical areas of the constitutionalisation of European labour law and European criminal law.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004203311
Category : Law
Languages : en
Pages : 247
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Book Description
In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.
Author: Tullio Scovazzi
Publisher: Giuffrè Editore
ISBN: 8814152098
Category : Law
Languages : en
Pages : 401
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Book Description
