The Burden of Proof in Comparative and International Human Rights Law PDF Download
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Author: Juliane Kokott
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105707
Category : Political Science
Languages : en
Pages : 320
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Book Description
Aa) A Civil Law Rule?.
Author: Juliane Kokott
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105707
Category : Political Science
Languages : en
Pages : 320
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Book Description
Aa) A Civil Law Rule?.
Author: Torsten Stirner
Publisher: Martinus Nijhoff Publishers
ISBN: 9004463135
Category : Law
Languages : en
Pages : 520
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Book Description
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 1316677664
Category : Political Science
Languages : en
Pages : 925
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Book Description
Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law.
Author: Ewa Bagińska
Publisher: Springer
ISBN: 3319189506
Category : Law
Languages : en
Pages : 488
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Book Description
This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Author: Jonas Christoffersen
Publisher: BRILL
ISBN: 9004170286
Category : Political Science
Languages : en
Pages : 687
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Book Description
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courta (TM)s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of a oeprimaritya in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
Author: Amal Clooney
Publisher:
ISBN: 0198808399
Category : History
Languages : en
Pages : 1057
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Book Description
This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings.
Author: Mark Klamberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236511
Category : Law
Languages : en
Pages : 601
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Book Description
Evidence in International Criminal Trials compares procedural activities relevant for international criminal tribunals and the International Criminal Court: evaluation, collection, disclosure, admissibility and presentation of evidence. The book provides guidance on how to confront legal as well as factual issues.
Author: Hannah Quirk
Publisher: Cambridge University Press
ISBN: 113949399X
Category : Law
Languages : en
Pages : 343
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Book Description
While regulatory institutions and strategies have been the subject of increasing academic attention, there has been limited application of regulatory theories to criminal justice scholarship. This collection of essays from a range of outstanding international scholars adopts a critical, inter-disciplinary approach, providing an innovative application of regulatory theory to the practice of criminal justice and offering suggestions for further research. Part I explores the aims and values of criminal justice and other regulatory networks and the synergies and tensions between these fields; Part II examines criminal justice as a regulatory force to control 'deviant' and anti-social behaviour and Part III examines the regulation and oversight of criminal justice through the operation of prison inspectorates and explores notions of responsive justice.
Author: Anne Carter
Publisher: Bloomsbury Publishing
ISBN: 1509937005
Category : Law
Languages : en
Pages : 221
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Book Description
This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.
Author: Philipp Wendel
Publisher: Springer Science & Business Media
ISBN: 3540743332
Category : Law
Languages : en
Pages : 300
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Book Description
Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.
