Damages And Human Rights

Author : Ewa Bagińska
Publisher : Springer
Page : 486 pages
File Size : 52,6 Mb
Release : 2015-10-20
Category : Law
ISBN : 9783319189505

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Damages for Violations of Human Rights by Ewa Bagińska Pdf

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 : Jason NE Varuhas
Publisher : Bloomsbury Publishing
Page : 547 pages
File Size : 43,7 Mb
Release : 2016-05-19
Category : Law
ISBN : 9781782252818

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Damages and Human Rights by Jason NE Varuhas Pdf

Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

Author : Jason Varuhas
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2016
Category : Liability for human rights violations
ISBN : 1474201385

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Damages and Human Rights by Jason Varuhas Pdf

Author : Kenneth D. Cooper-Stephenson
Publisher : Thomson Carswell
Page : 295 pages
File Size : 52,5 Mb
Release : 2013
Category : Constitutional torts
ISBN : 0779855078

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Constitutional Damages Worldwide by Kenneth D. Cooper-Stephenson Pdf

"Constitutional Damages Worldwide examines claims for damages for the breach of human rights provisions under constitutions around the globe, including claims for constitutional torts in the United States, claims under the English Human Rights Act, and claims under the New Zealand Bill of Rights. It covers case law from more than 30 jurisdictions, including Canada, the Asia-Pacific region, Africa, and the Caribbean, and also claims for just satisfaction under the European Convention on Human Rights.

Author : Jason NE Varuhas
Publisher : Bloomsbury Publishing
Page : 547 pages
File Size : 54,8 Mb
Release : 2016-05-19
Category : Law
ISBN : 9781782252818

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Damages and Human Rights by Jason NE Varuhas Pdf

Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 50,6 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781839108341

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The European Court of Human Rights by Helmut P. Aust,Esra Demir-Gürsel Pdf

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

Author : Dinah Shelton
Publisher : Oxford University Press, USA
Page : 458 pages
File Size : 54,7 Mb
Release : 2000
Category : Law
ISBN : 0199243026

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Remedies in International Human Rights Law by Dinah Shelton Pdf

This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.

Author : Dinah Shelton
Publisher : Oxford University Press, USA
Page : 513 pages
File Size : 51,6 Mb
Release : 2015
Category : Law
ISBN : 9780199588824

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Remedies in International Human Rights Law by Dinah Shelton Pdf

Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.

Author : Vanessa Wilcox
Publisher : Cambridge University Press
Page : 227 pages
File Size : 44,9 Mb
Release : 2016-09
Category : Law
ISBN : 9781107139275

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A Company's Right to Damages for Non-Pecuniary Loss by Vanessa Wilcox Pdf

This detailed examination explores the extent to which non-pecuniary damages can properly be awarded to companies.

Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Publisher : Walter de Gruyter
Page : 933 pages
File Size : 42,5 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110260007

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Tort Law in the Jurisprudence of the European Court of Human Rights by Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner Pdf

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

Author : Emmanuel K. Nartey
Publisher : Cambridge Scholars Publishing
Page : 480 pages
File Size : 53,9 Mb
Release : 2021-10-04
Category : Law
ISBN : 9781527575752

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Accountability and Corporate Human Rights Violations in Tort and International Law by Emmanuel K. Nartey Pdf

This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.

Author : Kent Roach
Publisher : Cambridge University Press
Page : 633 pages
File Size : 40,7 Mb
Release : 2021-04-08
Category : Law
ISBN : 9781108417877

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Remedies for Human Rights Violations by Kent Roach Pdf

Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.

Author : Lisa Tortell
Publisher : Bloomsbury Publishing
Page : 236 pages
File Size : 54,7 Mb
Release : 2006-11-13
Category : Law
ISBN : 9781847312891

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Monetary Remedies for Breach of Human Rights by Lisa Tortell Pdf

This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy. The first part describes the cause of action in three jurisdictions: the United States of America, India and New Zealand. The second part discusses two insights resulting from a comparative analysis of these three jurisdictions. The first is a list of four common questions that, when answered, structure the cause of action. These questions address what the cause of action protects, who the cause of action protects, against whom the cause of action is directed, and what the court orders. The second is a list of four overarching influences that affected the answers given to those questions in the three jurisdictions, so completing the structure of the causes of action. These influences are the cause of action's source, age, wider context and internal context. Putting these two chapters together provides a generalised outline of the causes of action. In the third part of the book the analysis is turned around. The generalised framework is assessed as a way in which to categorise the development and shape of the cause of action in England under the Human Rights Act 1998. The book concludes that a generic structure of the cause of action is common to the three jurisdictions studied and that the differences between the jurisdictions can be explained by influences that affect the causes of action in different ways. Further, this generalised framework is of relevance beyond the three jurisdictions from which it was drawn; it can be used as a guide by other jurisdictions in which such a cause of action either exists or will develop in the future.

Author : Albrecht Randelzhofer,Christian Tomuschat
Publisher : BRILL
Page : 310 pages
File Size : 50,5 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004632899

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State Responsibility and the Individual by Albrecht Randelzhofer,Christian Tomuschat Pdf

Author : Tarcísio Hardman Reis
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 55,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134370

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Compensation for Environmental Damages Under International Law by Tarcísio Hardman Reis Pdf

At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.