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Author: Maria-Louiza Deftou
Publisher: Bloomsbury Publishing
ISBN: 1509952454
Category : Law
Languages : en
Pages : 327
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Book Description
This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.
Author: Maria-Louiza Deftou
Publisher: Bloomsbury Publishing
ISBN: 1509952454
Category : Law
Languages : en
Pages : 327
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Book Description
This book explores how the European Convention on Human Rights operates and influences on the global stage. The ECHR and its interpretation by the European Court of Human Rights (ECtHR) considerably echo in and outside Europe. To what degree has that influence translated into its norms, doctrines and methods of interpretation being exported into equivalent systems which also enact the protection of fundamental rights? This book answers that question by exploring the judicial dialogue of the ECHR system with comparable legal orders. Through a horizontal and multifaceted study of regional and global systems, the book identifies the impact of the ECHR within the confines of their jurisprudence to provide scholars in the field of international human rights law with an essential text. Discussing the extent to which the ECHR penetrates into the judicial production of the most affected legal systems, the book mostly focuses on the case law of the Court of Justice of the European Union, the Inter-American Court of Human Rights and the UN Human Rights Committee. It also investigates whether there is room for cross-fertilisation between them and finally, moves on to explore the legal consequences of the interplay of these mechanisms with the ECtHR and what it means for the overall functioning of international human rights law.
Author: Dia Anagnostou
Publisher: Edinburgh University Press
ISBN: 0748670580
Category : Law
Languages : en
Pages : 256
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Book Description
Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.
Author: William Outhwaite
Publisher: Anthem Press
ISBN: 1783086475
Category : Social Science
Languages : en
Pages : 322
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Book Description
Brexit traces the implications of the UK’s projected withdrawal from the EU, placing short-term political fluctuations in a broader historical and social context of the transformation of European and global society. This book provides a forum for leading Eurosociologists (broadly defined), working inside and outside the UK, to rethink their analyses of the European project and its prospects, as well as to reflect on the likely implications for the UK.
Author: Berthold Rittberger
Publisher: Routledge
ISBN: 1317996933
Category : Political Science
Languages : en
Pages : 188
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Book Description
Previously published as a special issue of the Journal of European Public Policy, this volume presents a theory of constitutionalization as well as comparative analyses and case studies to underscore the claim that the European integration process itself engenders a democratic self-healing mechanism. There exists a consensus among academics, politicians, and the public that the European Union suffers from a ‘democratic deficit’. But how can it be resolved? This book deals with two core areas central for the development of the liberal-democratic constitutional state: the extension of the powers of representative assemblies and the institutionalization of human rights. The European Union has made remarkable progress in these two areas over the past half century. Whenever a planned step of European integration through transfers of sovereignty threatens to undermine domestic standards of parliamentary control and human rights standards, political elites in the member states regularly mobilize to counteract these developments. The proponents of the Union’s ‘constitutionalization’ regularly invoke democratic and human rights norms shared by all members of the European Union to successfully exercise moral pressure on the sceptics of further constitutionalization.
Author: Antoine Vauchez
Publisher: Bloomsbury Publishing
ISBN: 1782250948
Category : Law
Languages : en
Pages : 317
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Book Description
While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.
Author: Anne Jenichen
Publisher: Verlag Barbara Budrich
ISBN: 3847416081
Category : Political Science
Languages : en
Pages : 253
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Book Description
The book explores how the European Union and its members have been renegotiating Europeanisation and renationalization in response to the multiple crises they faced over recent years. The authors highlight varying understandings of ‘crises’ in different national and supranational policy and institutional contexts. They show how in some cases these have challenged the legitimacy of European Union norms and institutions and even triggered disintegration, while in others these crises have served as sources of inspiration for European social innovation and political development.
Author: Chris Thornhill
Publisher: Cambridge University Press
ISBN: 1107038529
Category : History
Languages : en
Pages : 539
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Book Description
This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.
Author: Giuliana Ziccardi Capaldo
Publisher:
ISBN: 0199891680
Category : Law
Languages : en
Pages : 527
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Book Description
a. The set generally: [Please note that the following description applies to both volumes in the 2010 Yearbook, not solely to Volume I.] The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year's edition always features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. b. This particular edition (2010): Beginning with the 2010 edition, the Yearbook will include the new section, Forum-Jurisprudential Cross-Fertilization: An Annual Overview. This section aims to compare and analyze the interconnections between the decisions of international courts and tribunals, as a way of exploring and examining judicial dialogue and the development of common legal principles and concepts in all branches of international law. The Yearbook is the first academic journal to present an annual overview of the process of jurisprudential cross-fertilization between the courts, based on the drafting and systematic classification of legal maxims (i.e. points of law decided by various international courts) in the section entitled Decisions of International Courts and Tribunals. A comprehensive and complete survey by eminent international law scholars exploring, evaluating and documenting this process has the potential to enhance our contribution and thus further guide our understanding of how to reduce conflicts and create an effective exchange of legal reasoning between different courts. The aim is to promote a favorable environment for the courts to advance the process of judicial cooperation with a view to the possible harmonization of legal principles governing the global community. c. Individual volumes: Volume 1: The 2010 edition of the Global Community Yearbook presents three categories of material wholly beneficial to any international law-researcher: International tribunals' court opinions, excerpted with scholarly skill by General Editor Giuliana Ziccardi Capaldo; expert guidance on those cases in the form of commentary by globally recognized luminaries whom Ziccardi has chosen personally; and more broadly focused introductory essays by similarly prominent scholars whom Ziccardi has also selected for that purpose. In the introductory essays, those scholars take on current topics such as global intellectual property law and policy, the nature of international law and human development, and the legal-political connotation of material support to terrorism. These incisive and knowledgeable introductory articles help frame the debates currently raging in international law before this edition leads the reader on to expert commentary on the noteworthy cases from this past year's dockets of the following tribunals: - The International Court of Justice - The International Tribunal for the Law of the Sea - WTO Dispute Settlement System - International Criminal Court - International Criminal Tribunal for the Former Yugoslavia - International Criminal Tribunal for Rwanda - Court of Justice of the European Union Ziccardi has arranged the sections of this volume according to that list of tribunals, and she has included a short, targeted index for each of those sections, making any research in this volume efficient and fruitful. The 2010 edition of the Global Community Yearbook also gives researchers an illuminating tour through the varied and dynamic law of regional and organizational courts. In the court opinion excerpts and expert commentary that fill this volume, researchers will find detailed guidance on a rich diversity of legal topics. On these questions and a host of others, this volume provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. The courts covered in this edition include: - The Court of Justice - The European Court of Human Rights - Inter-American Court of Human Rights - International Centre for the Settlement of Investment Disputes
Author: YVES DEZALAY
Publisher: Routledge
ISBN: 1136643869
Category : Law
Languages : en
Pages : 322
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Book Description
First Published in 2012. Routledge is an imprint of Taylor & Francis, an informa company.
Author: M. Kolb
Publisher: Springer
ISBN: 1137023635
Category : Political Science
Languages : en
Pages : 309
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Book Description
Marina Kolb traces the relationship between the EU and the Council of Europe in the field of human rights. Applying an implementation literature and management studies-perspective, it argues that the biggest threat to interorganizational cooperation is organizational self-interest, despite a shared policy interest.
