The Impact of the European Convention on Human Rights on Private International Law PDF Download
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Author: Louwrens R. Kiestra
Publisher: Springer
ISBN: 9462650322
Category : Law
Languages : en
Pages : 335
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Book Description
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Author: Louwrens R. Kiestra
Publisher: Springer
ISBN: 9462650322
Category : Law
Languages : en
Pages : 335
Get Book Here
Book Description
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Author: Nanette A. Neuwahl
Publisher: BRILL
ISBN: 9004482423
Category : Law
Languages : en
Pages : 351
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Book Description
Author: Jean-François Renucci
Publisher: Council of Europe
ISBN: 9789287157157
Category : Law
Languages : en
Pages : 132
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Book Description
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.
Author: William A. Schabas
Publisher: Oxford University Press
ISBN: 0191066761
Category : Law
Languages : en
Pages : 1433
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Book Description
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Author: Andrew Clapham
Publisher: Oxford University Press on Demand
ISBN: 9780198764311
Category : Political Science
Languages : en
Pages : 385
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Book Description
This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.
Author: Suzanne Egan
Publisher: Bloomsbury Professional
ISBN: 9781780434728
Category : Law
Languages : en
Pages : 0
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Book Description
The book 2013 marks the 60th anniversary of Ireland's ratification of the European Convention on Human Rights and the 10th anniversary of the Convention's incorporation into domestic law, by means of the ECHR Act 2003. It contains a wealth of essays and articles by leading experts which examine Ireland's engagement with the European Convention on Human Rights at international level down through the years as well as the extent to which the case law of the European Court of Human Rights has influenced domestic human rights law and administrative action through the vehicle of the 2003 Act. It analyses current Strasbourg jurisprudence on key issues and project its likely implications on law and policy in the Contracting States, with particular reference to Irish domestic law. The book addresses the difficult questions that arise for judges in both jurisdictions following the constitutionalisation of the European Union's Charter of Fundamental Rights in 2009 and the revised agreement of the EU's accession to the ECHR. The impact of the ECHR in Irish law is a particularly rich subject for analysis, given the strong tradition of rights review by the Irish judiciary in interpreting the fundamental rights guarantees in the Irish Constitution. While the Irish statute is superficially similar to the Human Rights Act in the United Kingdom, the context in which it operates is radically different, given the pre-eminent role of the Irish Constitution in shaping domestic human rights law. As well as outlining the specific domestic context in which the ECHR operates in Ireland, the book also includes comparative insights from the United Kingdom context as to the impact of the Human Rights Act to date in that jurisdiction. Additional themes of the book include the development of ECHR jurisprudence and its effects in the domestic setting on asylum, immigration, criminal justice, children, mental health patients, gender recognition and the limits and potential of the ECHR as regards combating poverty.
Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562
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Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Author: Anne van Aaken
Publisher:
ISBN: 0198830009
Category : Law
Languages : en
Pages : 353
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Book Description
This book explores the interaction, divergence, and convergence between the European Court of Human Rights and general international law as developed by the International Court of Justice. It focuses on sources of international law, methods of interpretation, jurisdiction, state responsibility and immunity.
Author: Georg Kofler
Publisher: IBFD
ISBN: 9087221118
Category : Human rights
Languages : en
Pages : 581
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Book Description
Resumen del editor: "The increasing globalization and the restructuring of the European legal framework by the Treaty of Lisbon are important factors to suggest that the traditional separation of spheres between taxation and human rights should be revisited. This book examines the issues surrounding the impact of the Lisbon Treaty on the guarantee and enforcement of human rights in the area of EU (tax) law and explores the possible development and potential impact of human rights in the field of taxation in this age of global law."
Author: Kanstantsin Dzehtsiarou
Publisher: Cambridge University Press
ISBN: 1107041031
Category : Law
Languages : en
Pages : 255
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Book Description
The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.
