The European Court of Human Rights as a Developer of the General Doctrines of Human Rights Law PDF Download
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Author: Jukka Viljanen
Publisher:
ISBN: 9789514457951
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 342
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Book Description
Author: Jukka Viljanen
Publisher:
ISBN: 9789514457951
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 342
Get Book Here
Book Description
Author: Geranne Lautenbach
Publisher: Oxford University Press, USA
ISBN: 0199671192
Category : Law
Languages : en
Pages : 273
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Book Description
1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.
Author: Anne van Aaken
Publisher: Oxford University Press
ISBN: 0192565532
Category : Law
Languages : en
Pages : 353
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Book Description
The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
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: Tom Campbell
Publisher: OUP Oxford
ISBN: 0199606072
Category : Law
Languages : en
Pages : 548
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Book Description
The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights. This group of twenty-four leading human rights scholars from around the world present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values.
Author: Alexander Orakhelashvili
Publisher: Edward Elgar Publishing
ISBN: 1788116712
Category : Law
Languages : en
Pages : 512
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Book Description
This updated and revised second edition, with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Featuring an array of legal and interdisciplinary analyses, it focuses on those theories and developments that illuminate the central and timeless basic concepts and categories of the international legal system, highlighting the interdependency of various aspects of theory and history and demonstrating the connections between theory and practice.
Author: Bernadette Rainey
Publisher: Oxford University Press, USA
ISBN: 0198847130
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
Languages : en
Pages : 792
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Book Description
Explores the key principles underpinning the decisions made by the European Court of Human Rights, and provides a guide to the pivotal cases in each area.
Author: Jonas Christoffersen
Publisher: Oxford University Press
ISBN: 0199694494
Category : Law
Languages : en
Pages : 255
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Book Description
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Author: Cesare P. R. Romano
Publisher: Oxford University Press
ISBN: 0197768997
Category : Law
Languages : en
Pages : 905
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Book Description
The Human Right to Science offers a thorough and systematic analysis of the right to science in all of its critical aspects. Authored by experts in international law and science policy, the book meticulously explores the right's origins, development, and normative content. In doing so, it uncovers previously unarticulated entitlements and obligations, offering new insights on human rights interconnections.
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.
