Damages For Violations Of Human Rights

Author : Ewa Bagińska
Publisher : Springer
Page : 486 pages
File Size : 44,5 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 : Dinah Shelton
Publisher : Oxford University Press, USA
Page : 458 pages
File Size : 50,7 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 : Kent Roach
Publisher : Cambridge University Press
Page : 633 pages
File Size : 44,6 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 : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 45,8 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 : Albrecht Randelzhofer,Christian Tomuschat
Publisher : BRILL
Page : 310 pages
File Size : 47,5 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 : Emmanuel K. Nartey
Publisher : Cambridge Scholars Publishing
Page : 480 pages
File Size : 52,7 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 : Dinah Shelton
Publisher : Oxford University Press, USA
Page : 513 pages
File Size : 48,8 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 : Canada
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Raul C Pangalangan
Publisher : BRILL
Page : 509 pages
File Size : 46,7 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004469723

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Philippine Materials in International Law by Raul C Pangalangan Pdf

The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.

Author : Cordula Dröge
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2006
Category : Government liability (International law)
ISBN : 9290371064

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The right to a remedy and to reparation for gross human rights violations : a practitioners' guide by Cordula Dröge Pdf

Author : Jason NE Varuhas
Publisher : Hart Publishing
Page : 0 pages
File Size : 50,5 Mb
Release : 2018-11-01
Category : Law
ISBN : 1509924442

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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 : Albrecht Randelzhofer,Christian Tomuschat
Publisher : Springer
Page : 322 pages
File Size : 49,7 Mb
Release : 1999-03-11
Category : Law
ISBN : UOM:39015047557692

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State Responsibility and the Individual:Reparation in Instances of Grave Violation of Human Rights by Albrecht Randelzhofer,Christian Tomuschat Pdf

South Africa - Lovell Fernandez.

Author : Anne Peters
Publisher : Cambridge University Press
Page : 645 pages
File Size : 51,8 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781107164307

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Beyond Human Rights by Anne Peters Pdf

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Author : Octavian Ichim
Publisher : Cambridge University Press
Page : 411 pages
File Size : 43,6 Mb
Release : 2015
Category : Law
ISBN : 9781107072367

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Just Satisfaction under the European Convention on Human Rights by Octavian Ichim Pdf

The most comprehensive account on the question of reparation before a human rights court.

Author : Richard Meeran,Jahan Meeran
Publisher : Oxford University Press
Page : 385 pages
File Size : 49,7 Mb
Release : 2021
Category : Law
ISBN : 9780198866220

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Human Rights Litigation Against Multinationals in Practice by Richard Meeran,Jahan Meeran Pdf

This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.