European Consensus Between Strategy And Principle

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European Consensus Between Strategy and Principle

Jens T. Theilen
European Consensus Between Strategy and Principle Book PDF

Author : Jens T. Theilen
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 50,8 Mb
Release : 2021
Category : Human rights
ISBN : 3848780917

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European Consensus Between Strategy and Principle by Jens T. Theilen Pdf

This study offers a critical account of the reasoning employed by the European Court of Human Rights, particularly its references to European consensus. Based on an in-depth analysis of the Court's case-law against the backdrop of human rights theory, it will be of interest to both practitioners and theorists. While European consensus is often understood as providing an objective benchmark within the Court's reasoning, this study argues to the contrary that it forms part of the very structures of argument that render human rights law indeterminate. It suggests that foregrounding consensus and the Court's legitimacy serves to entrench the status quo and puts forward novel ways of approaching human rights to enable social transformation.

General Principles of the European Convention on Human Rights

Janneke Gerards
General Principles of the European Convention on Human Rights Book PDF

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 406 pages
File Size : 53,6 Mb
Release : 2023-06-30
Category : Political Science
ISBN : 9781009050937

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General Principles of the European Convention on Human Rights by Janneke Gerards Pdf

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

International Law of Human Rights

Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights),Damian A. (Associate Professor of Law Gonzalez-Salzberg, University of Birmingham Associate Professor of Law University of Birmingham and Professor of Law Universidad de Buenos Aires)
International Law of Human Rights Book PDF

Author : Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights),Damian A. (Associate Professor of Law Gonzalez-Salzberg, University of Birmingham Associate Professor of Law University of Birmingham and Professor of Law Universidad de Buenos Aires)
Publisher : Oxford University Press
Page : 691 pages
File Size : 41,9 Mb
Release : 2024-02
Category : Electronic
ISBN : 9780192893499

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International Law of Human Rights by Judge Antonio Augusto (former Judge of the International Court of Justice Cancado Trindade, former Judge of the Internationational Court of Justice and former Judge and President of the Inter-American Court of Human Rights),Damian A. (Associate Professor of Law Gonzalez-Salzberg, University of Birmingham Associate Professor of Law University of Birmingham and Professor of Law Universidad de Buenos Aires) Pdf

The only textbook in the area to take a Global South perspective, drawing on the expertise of the authors and bringing in perspectives from a leading judge in the field. International Law of Human Rights takes students through a rigorous exploration of the theoretical foundations and principles of the subject, alongside current practice and procedures.- Provides a unique Global South perspective, offering a broad view of the subject area.- Focuses on the historical and philosophical foundations of human rights before exploring global and regional systems for their protection, and key substantive rights.- Presents a clear and accurate account of current human rights law practice.- Deep discussion and thorough analysis supported by 'further reflections' and 'critical debate' sections, and summaries of key cases.- Insightful testimonial from the distinguished Judge Cançado Trindade helps to bring a complex discipline to life.- Also available as an e-book with features and links that offer extra learning support.

Handbook on the European Convention on Human Rights

Mark Eugen Villiger
Handbook on the European Convention on Human Rights Book PDF

Author : Mark Eugen Villiger
Publisher : BRILL
Page : 771 pages
File Size : 52,6 Mb
Release : 2022-12-05
Category : Law
ISBN : 9789004443839

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Handbook on the European Convention on Human Rights by Mark Eugen Villiger Pdf

In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

Research Handbook on General Principles in EU Law

Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Research Handbook on General Principles in EU Law Book PDF

Author : Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 52,8 Mb
Release : 2022-04-22
Category : Political Science
ISBN : 9781784712389

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Research Handbook on General Principles in EU Law by Ziegler, Katja S.,Neuvonen, Päivi J.,Moreno-Lax, Violeta Pdf

This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

EU Values Before the Court of Justice

Luke Dimitrios Spieker
EU Values Before the Court of Justice Book PDF

Author : Luke Dimitrios Spieker
Publisher : Oxford University Press
Page : 385 pages
File Size : 54,8 Mb
Release : 2023-07-20
Category : Law
ISBN : 9780198876717

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EU Values Before the Court of Justice by Luke Dimitrios Spieker Pdf

The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.

Judicial Covergence and Fragmentation in International Human Rights Law

Elena Abrusci
Judicial Covergence and Fragmentation in International Human Rights Law Book PDF

Author : Elena Abrusci
Publisher : Cambridge University Press
Page : 307 pages
File Size : 55,6 Mb
Release : 2022-12-31
Category : Law
ISBN : 9781316514818

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Judicial Covergence and Fragmentation in International Human Rights Law by Elena Abrusci Pdf

An assessment of judicial convergence and fragmentation in international human rights law and their legal and non-legal triggering factors.

Research Methods in Human Rights

Bård A. Andreassen,Claire Methven O’Brien,Hans-Otto Sano
Research Methods in Human Rights Book PDF

Author : Bård A. Andreassen,Claire Methven O’Brien,Hans-Otto Sano
Publisher : Edward Elgar Publishing
Page : 413 pages
File Size : 53,8 Mb
Release : 2024-05-02
Category : Political Science
ISBN : 9781803922614

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Research Methods in Human Rights by Bård A. Andreassen,Claire Methven O’Brien,Hans-Otto Sano Pdf

In this thoroughly revised second edition editors Bård A. Andreassen, Claire Methven O’Brien and Hans-Otto Sano advance contemporary discussions on human rights methodology, bringing together an array of leading scholars to offer instruction and guidance on the methodological approaches to human rights research.

Between Forbearance and Audacity

Ezgi Yildiz
Between Forbearance and Audacity Book PDF

Author : Ezgi Yildiz
Publisher : Cambridge University Press
Page : 275 pages
File Size : 46,7 Mb
Release : 2023-10-31
Category : Law
ISBN : 9781009100045

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Between Forbearance and Audacity by Ezgi Yildiz Pdf

Explains why international courts underutilize their power and traces how this impacts international norms through legal and social science-based analyses.

Sustainable Trade, Investment and Finance

Clair Gammage,Tonia Novitz
Sustainable Trade Investment and Finance Book PDF

Author : Clair Gammage,Tonia Novitz
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 44,6 Mb
Release : 2019
Category : Law
ISBN : 9781788971041

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Sustainable Trade, Investment and Finance by Clair Gammage,Tonia Novitz Pdf

Sustainable development remains a high priority in international politics, as governments seek new methods of managing the consumption of resources while maintaining national economic growth. This timely book explores how the contours and facets of sustainability shape international laws and regulations that govern trade, investment and finance.'

Oxford Principles of European Union Law

Robert Schütze,Takis Tridimas
Oxford Principles of European Union Law Book PDF

Author : Robert Schütze,Takis Tridimas
Publisher : Oxford University Press
Page : 1441 pages
File Size : 52,5 Mb
Release : 2018
Category : Law
ISBN : 9780199533770

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Oxford Principles of European Union Law by Robert Schütze,Takis Tridimas Pdf

"Provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations"--Publisher's website

Europe, Strategy and Armed Forces

Sven Biscop,Jo Coelmont
Europe Strategy and Armed Forces Book PDF

Author : Sven Biscop,Jo Coelmont
Publisher : Routledge
Page : 159 pages
File Size : 40,5 Mb
Release : 2013-03-01
Category : History
ISBN : 9781136639197

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Europe, Strategy and Armed Forces by Sven Biscop,Jo Coelmont Pdf

This book examines how the European Union can pursue a grand strategy and become a distinct global actor in a world of emerging great powers. At the grand strategic level, its sheer economic size makes the EU a global power. However, the EU needs to take into account that many international actors continue to measure power mostly by assessing military capability. To preserve its status as an economic power, therefore, the EU has to become a power across the board, which requires a grand strategy, and the means and the will to proactively pursue one. The authors of this book aim to demonstrate that the EU can develop a purposive yet distinctive grand strategy that preserves the value-based nature of EU external action while also safeguarding its vital economic interests. The book analyses the existing military capability of the European Union and its bottom-up nature, which results in a national-based focus in the member-states, impeding deployment capability. A systematic realignment of national defence planning at the strategic level will enable each member-states to focus its defence effort on the right capabilities, make maximal use of pooling and specialization, and contribute to multinational projects in order to address Europe’s strategic capability shortfalls. A stronger Europe will therefore result, it is argued, a real global actor, which can then become an equal strategic partner to the United States, leading to a revitalized Transatlantic partnership in turn. This book will be of interest to students of military studies, European Union policy, strategic studies and International Relations generally.

The European Court of Human Rights

Helmut P. Aust,Esra Demir-Gürsel
The European Court of Human Rights Book PDF

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 46,5 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.

Principles, Definitions and Model Rules of European Private Law

Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Principles Definitions and Model Rules of European Private Law Book PDF

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 44,6 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

European Union Contested

Elisabeth Johansson-Nogués,Martijn C. Vlaskamp,Esther Barbé
European Union Contested Book PDF

Author : Elisabeth Johansson-Nogués,Martijn C. Vlaskamp,Esther Barbé
Publisher : Springer Nature
Page : 219 pages
File Size : 43,9 Mb
Release : 2019-11-01
Category : Political Science
ISBN : 9783030332389

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European Union Contested by Elisabeth Johansson-Nogués,Martijn C. Vlaskamp,Esther Barbé Pdf

The European Union's foreign policy and its international role are increasingly being contested both globally and at home. At the global level, a growing number of states are now challenging the Western-led liberal order defended by the EU. Large as well as smaller states are vying for more leeway to act out their own communitarian principles on and approaches to sovereignty, security and economic development. At the European level, a similar battle has begun over principles, values and institutions. The most vocal critics have been anti-globalization movements, developmental NGOs, and populist political parties at both extremes of the left-right political spectrum. This book, based on ten case studies, explores some of the most important current challenges to EU foreign policy norms, whether at the global, glocal or intra-EU level. The case studies cover contestation of the EU's fundamental norms, organizing principles and standardized procedures in relation to the abolition of the death penalty, climate, Responsibility to Protect, peacebuilding, natural resource governance, the International Criminal Court, lethal autonomous weapons systems, trade, the security-development nexus and the use of consensus on foreign policy matters in the European Parliament. The book also theorizes the current norm contestation in terms of the extent to, and conditions under which, the EU foreign policy is being put to the test.