Supervision of the Execution of the Judgments of the European Court of Human Rights, 2nd Annual Report 2008

Supervision of the Execution of the Judgments of the European Court of Human Rights, 2nd Annual Report 2008 PDF Author: Council of Europe Staff
Publisher: Council of Europe
ISBN: 9789287166265
Category : Law
Languages : en
Pages : 212

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Book Description
This annual report presents the Committee of Ministers' activities in 2008 concerning the supervision of the execution of the judgments of the European Court of Human Rights. It underlines the very close links between good execution, the proper implementation of the European Convention on Human Rights in the Council of Europe's member states and the case-load of the European Court of Human Rights. The report contains an introduction by the Chairs of the special Human Rights meetings held by the Committee of Ministers to supervise the execution process and a number of remarks by the Director General of Human Rights and Legal Affairs regarding developments in 2008. The execution process and ongoing reform work are also described. Appendices present detailed statistical information, both in general and by state. An important appendix is the thematic overview of major developments in the execution of pending cases. Themes relate to such matters as actions of security forces, detention, aliens, the functioning of the judiciary, freedom of religion, expression and association, the right to property, discrimination, etc. The Committee of Ministers' recent Recommendation (2008)2 is also presented. This text provides a number of recommendations to member states to improve their capacity to implement the judgments of the European Court of Human Rights (e.g. to designate a co-coordinator of the execution process). This is the second report since the Committee of Ministers decided in 2006 to publish annual reports (see Rules of the new Rules for the supervision of the execution of judgments of the European Court of Human Rights and of the terms of friendly settlements). The first report, for 2007, was presented in March 2008.

Supervision of the Execution of the Judgments of the European Court of Human Rights, 2nd Annual Report 2008

Supervision of the Execution of the Judgments of the European Court of Human Rights, 2nd Annual Report 2008 PDF Author: Council of Europe Staff
Publisher: Council of Europe
ISBN: 9789287166265
Category : Law
Languages : en
Pages : 212

Get Book Here

Book Description
This annual report presents the Committee of Ministers' activities in 2008 concerning the supervision of the execution of the judgments of the European Court of Human Rights. It underlines the very close links between good execution, the proper implementation of the European Convention on Human Rights in the Council of Europe's member states and the case-load of the European Court of Human Rights. The report contains an introduction by the Chairs of the special Human Rights meetings held by the Committee of Ministers to supervise the execution process and a number of remarks by the Director General of Human Rights and Legal Affairs regarding developments in 2008. The execution process and ongoing reform work are also described. Appendices present detailed statistical information, both in general and by state. An important appendix is the thematic overview of major developments in the execution of pending cases. Themes relate to such matters as actions of security forces, detention, aliens, the functioning of the judiciary, freedom of religion, expression and association, the right to property, discrimination, etc. The Committee of Ministers' recent Recommendation (2008)2 is also presented. This text provides a number of recommendations to member states to improve their capacity to implement the judgments of the European Court of Human Rights (e.g. to designate a co-coordinator of the execution process). This is the second report since the Committee of Ministers decided in 2006 to publish annual reports (see Rules of the new Rules for the supervision of the execution of judgments of the European Court of Human Rights and of the terms of friendly settlements). The first report, for 2007, was presented in March 2008.

The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict PDF Author: Christine Evans
Publisher: Cambridge University Press
ISBN: 1139510800
Category : Political Science
Languages : en
Pages : 299

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Book Description
In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.

Jacobs, White, and Ovey

Jacobs, White, and Ovey PDF Author: Bernadette Rainey
Publisher: Oxford University Press
ISBN: 0198767749
Category : Law
Languages : en
Pages : 767

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Book Description
The seventh edition of Jacobs, White and Ovey: The European Convention on Human Rights is a clear and concise companion to this increasingly important and extensive area of the law.The authors examine each of the Convention rights in turn, explore the pivotal cases in each area and examine the principles that underpin the Court's decisions.The focus on the European Convention itself, rather than its implementation in any one member state, makes this book essential reading for all students looking for a concise yet authoritative overview of the work of the Strasbourg Court.Online Resource Centre:The text is accompanied by an Online Resource Centre that features updates on cases and legislation since publication as well as links to useful websites and further reading on the European Convention.

Assessing the Effectiveness of International Courts

Assessing the Effectiveness of International Courts PDF Author: Yuval Shany
Publisher: OUP Oxford
ISBN: 0191640212
Category : Law
Languages : en
Pages : 354

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Book Description
Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

International Human Rights Law

International Human Rights Law PDF Author: Olivier De Schutter
Publisher: Cambridge University Press
ISBN: 1108463568
Category : Law
Languages : en
Pages : 1149

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Book Description
Fully updated to cover topics such as climate change, trade and business activities, while retaining the original style and structure.

Parliaments and the European Court of Human Rights

Parliaments and the European Court of Human Rights PDF Author: Alice Donald
Publisher: Oxford University Press
ISBN: 0191093165
Category : Law
Languages : en
Pages : 419

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Book Description
The European system of human rights protection faces institutional and political pressures which threaten its very survival. These institional pressures stem from the backlog of applications before the European Court of Human Rights, the large number of its judgments that remain unimplemented, and the political pressures that arise from sustained attacks on the Court's legitimacy and authority, notably from politicians and jurists in the United Kingdom. This book addresses the theme which lies at the heart of these pressures: the role of national parliaments in the implementation of judgments of the Court. It combines theoretical and empirical insights into the role of parliaments in securing domestic compliance with the Court's decisions, and provides detailed investigation of five European states with differing records of human rights compliance and parliamentary mobilisation: Ukraine, Romania, the United Kingdom, Germany, and the Netherlands. How far are parliaments engaged in implementation, and how far should they be? Do parliaments advance or hinder human rights compliance? Is it ever justifiable for parliaments to defy judgments of the Court? And how significant is the role played by the Parliamentary Assembly of the Council of Europe? Drawing on the fields of international law, international relations, political science, and political philosophy, the book argues that adverse human rights judgments not only confer obligations on parliamentarians but also create opportunities for them to develop influential interpretations of human rights and enhance their own democratic legitimacy. It makes an authoritative contribution to debate about the future of the European and other supranational human rights mechanisms and the broader relationship between democracy, human rights, and legitimate authority.

Select Proceedings of the European Society of International Law, Volume 3, 2010

Select Proceedings of the European Society of International Law, Volume 3, 2010 PDF Author: James Crawford
Publisher: Bloomsbury Publishing
ISBN: 1847318762
Category : Law
Languages : en
Pages : 460

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Book Description
This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.

The Inter-American Court of Human Rights

The Inter-American Court of Human Rights PDF Author: Laurence Burgorgue-Larsen
Publisher: OUP UK
ISBN: 0199588783
Category : Law
Languages : en
Pages : 948

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Book Description
This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.

The Execution of Judgments of the European Court of Human Rights

The Execution of Judgments of the European Court of Human Rights PDF Author: Elisabeth Lambert-Abdelgawad
Publisher: Council of Europe
ISBN: 9789287163738
Category : Political Science
Languages : en
Pages : 92

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Book Description
An important provision of the European Convention on Human Rights is that in the event of a violation being found, not only is the state in question required to redress the consequences of the violation vis-รก-vis the applicant - by such means as reopening of proceedings at the origin of the violation, reversal of a judicial verdict, discontinuation of expulsion proceedings or, where necessary, payment of a monetary award to the applicant; but it must also take general measures to prevent the repetition of the violation. These latter measures may take the form, for example, of a change in legislation, recognition of the Court's judgment in national case-law, the appointment of extra judges or magistrates to absorb a backlog of cases, the construction of detention centres suitable for juvenile delinquents, the introduction of training for the police, or other similar steps. This second edition continues to examine both individual measures and general measures taken by states in accordance with the Court's judgments and with the supervisory proceedings of the Committee of Ministers, as published in its human rights (DH) resolutions.

Jacobs, White & Ovey: The European Convention on Human Rights

Jacobs, White & Ovey: The European Convention on Human Rights PDF Author: Robin C A White
Publisher: Oxford University Press, USA
ISBN: 0199543380
Category : Law
Languages : en
Pages : 718

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Book Description
"The highly experienced and respected authors select the most important case law and give a highly authoritative, concise account of the European Convention on Human Rights. Focuses on the European Convention itself rather than its implementation in any one member state, and so is essential reading for human rights students across Europe. Examines each Convention right in turn, with a newly revised structure to map even more closely to human rights courses. As a lecturer and a practitioner, the authors are perfectly placed to provide up-to-date coverage of Strasbourg case law and explain it in a lively, straightforward manner" -- From publisher's website.