Resolving Conflicts Between Human Rights

Author : Stijn Smet
Publisher : Taylor & Francis
Page : 236 pages
File Size : 44,7 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781317218685

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Resolving Conflicts between Human Rights by Stijn Smet Pdf

Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

Author : Stijn Smet
Publisher : Unknown
Page : 373 pages
File Size : 52,5 Mb
Release : 2014
Category : Electronic
ISBN : OCLC:901407718

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Resolving Conflicts Between Human Rights by Stijn Smet Pdf

Author : Seyed-Ali Sadat-Akhavi
Publisher : BRILL
Page : 285 pages
File Size : 47,7 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004482081

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Methods of Resolving Conflicts between Treaties by Seyed-Ali Sadat-Akhavi Pdf

Despite the theoretical and practical importance of the question of conflict between treaties, little has been written on the subject. This monograph fills this gap by providing a detailed analysis of the main issues. The book is divided into three parts. The first deals with the definition of conflict, causes of conflict, and different types of conflict. The second part examines different sources of international law in order to identify rules of international law relating to the resolution of conflicts. The third part addresses the actual process of resolving conflicts between treaties. After describing different stages of treaty conflict-resolution, it discusses some special principles advanced for resolving conflicts between certain types of treaties, namely, those relating to the protection of human rights, those concerning dispute settlement, and treaties dealing with private law issues.

Author : Mark James Leeming
Publisher : Unknown
Page : 258 pages
File Size : 42,5 Mb
Release : 2011
Category : Law
ISBN : 1862878250

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Resolving Conflicts of Laws by Mark James Leeming Pdf

Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories

Author : Julie Mertus,Jeffrey W. Helsing
Publisher : US Institute of Peace Press
Page : 586 pages
File Size : 53,6 Mb
Release : 2006
Category : Political Science
ISBN : 1929223773

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Human Rights and Conflict by Julie Mertus,Jeffrey W. Helsing Pdf

'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

Author : Claudia Fuentes Julio,Paula Drumond
Publisher : Routledge
Page : 282 pages
File Size : 54,9 Mb
Release : 2017-11-22
Category : Political Science
ISBN : 9781315409351

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Human Rights and Conflict Resolution by Claudia Fuentes Julio,Paula Drumond Pdf

Human rights and conflict resolution have been traditionally perceived as two separate fields, sometimes in competition or in tension and occasionally with contradictory approaches towards achieving a lasting peace. Although human rights norms have been incorporated and institutionalized by various national, regional, and international organizations that deal with conflict resolution, negotiators and mediators are often pressured in practice to overlook international human rights principles in favor of compliance and more immediate outcomes. The chapters in this volume navigate the relationship between human rights and conflict resolution by fleshing out practical, conceptual, and institutional encounters of the two agendas and engaging with lessons learned and windows of opportunities for mutual learning. Recognizing the increasing relevance of this debate and important gaps in the current research on the topic, this book addresses the following questions: How can we improve our practical and theoretical understanding of the complementarity between human rights and conflict resolution? How would a human rights-based approach to conflict resolution look like? How are international, regional, and national organizations promoting, implementing, and/or adapting to better coordinate between human rights and conflict resolution? Building on empirical evidence from contemporary conflict resolution processes, how have human rights been integrated in different efforts on the ground? What are the main lessons learned in this regard? Examining a wide range of countries and issues, this work is essential reading for human rights, conflict resolution, and security experts including scholars, diplomats, policy-makers, civil society representatives, and students of international politics.

Author : Howard Whitton
Publisher : Org. for Economic Cooperation & Development
Page : 120 pages
File Size : 45,9 Mb
Release : 2005
Category : Business & Economics
ISBN : UOM:39015062439727

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Managing Conflict of Interest in the Public Sector by Howard Whitton Pdf

Conflicts of interest in both the public and private sectors have become a major matter of public concern world-wide. The OECD Guidelines define a conflict of interest as occurring when a public official has private-capacity interests which could improperly influence the performance of their official duties and responsibilities. However, identifying a specific conflict of interest in practice can be difficult. And resolving the conflicting interests appropriately in a particular case is something that most people find even more challenging. The Toolkit focuses on specific techniques, resources and strategies for: Identifying, managing and preventing conflict-of-interest situations more effectively; and Increasing integrity in official decision-making, which might be compromised by a conflict of interest. This Toolkit provides non-technical, practical help to enable officials to recognise problematic situations and help them to ensure that integrity and reputation are not compromised. The tools themselves are provided in generic form. They are based on examples of sound conflict-of-interest policy and practice drawn from various OECD member and non-member countries. They have been designed for adaptation to suit countries with different legal and administrative systems. FURTHER READING: Managing Conflict of Interest in the Public Service: OECD Guidelines and Country Experiences

Author : Eileen F. Babbitt,Ellen L. Lutz
Publisher : Syracuse University Press
Page : 0 pages
File Size : 45,5 Mb
Release : 2009-09-09
Category : Political Science
ISBN : 0815632053

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Human Rights and Conflict Resolution in Context by Eileen F. Babbitt,Ellen L. Lutz Pdf

Preventing sweeping human rights violations or wars and rebuilding societies in their aftermath require an approach encompassing the perspectives of both human rights advocates and practitioners of conflict resolution. While these two groups work to achieve many of the same goals—notably to end violence and loss of life—they often make different assumptions, apply different methods, and operate under different values and institutional constraints. As a result, they may adopt conflicting or even mutually exclusive approaches to the same problem. Eileen F. Babbitt and Ellen L. Lutz have collected groundbreaking essays exploring the relationship between human rights and conflict resolution. Employing a case study approach, the contributing authors examine three areas of conflict—Sierra Leone, Colombia, and Northern Ireland—from the perspectives of participants in both the peace-making and human rights efforts in each country. By spotlighting the role of activists and reflecting on what was learned in these cases, this volume seeks to push scholars and practitioners of both conflict resolution and human rights to think more creatively about the intersection of these two fields.

Author : Gerd Oberleitner
Publisher : Cambridge University Press
Page : 433 pages
File Size : 47,9 Mb
Release : 2015-03-05
Category : Law
ISBN : 9781107087545

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Human Rights in Armed Conflict by Gerd Oberleitner Pdf

A comprehensive analysis of the legal challenges and practical consequences of applying international human rights law in armed conflict situations.

Author : Stijn Smet,Eva Brems
Publisher : Oxford University Press
Page : 289 pages
File Size : 46,8 Mb
Release : 2017
Category : Law
ISBN : 9780198795957

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When Human Rights Clash at the European Court of Human Rights by Stijn Smet,Eva Brems Pdf

"The origins of this book are in the symposium '(How) Should the European Court of Human Rights Resolve Conflicts between Human Rights?', organized by the Human Rights Centre of Ghent University on 16 October 2014."--Page v.

Author : Chiara Giorgetti,Natalie Klein
Publisher : BRILL
Page : 435 pages
File Size : 51,5 Mb
Release : 2019-01-03
Category : Law
ISBN : 9789004316539

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Resolving Conflicts in the Law by Chiara Giorgetti,Natalie Klein Pdf

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.

Author : Christian P. Scherrer
Publisher : Routledge
Page : 458 pages
File Size : 50,9 Mb
Release : 2017-11-22
Category : Political Science
ISBN : 9781351759175

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Ethnicity, Nationalism and Violence by Christian P. Scherrer Pdf

This title was first published in 2003. Meticulously documenting Intra-state violence and the responses to it from a global perspective, this volume deals with a core element of future global governance within its historical and sociological context. It provides a striking analysis of the prevention of violence and resolving conflict, elaborating on the role that key regional and international organizations (e.g. UN, OSCE, COE, OAU-AU and OSA) have or should have in the prevention of violence and terrorism, as well as in the protection of human and minority rights. The work is an invaluable addition to the collections of scholars and students in the fields of peace and conflict research, international relations, sociology, ethnic studies, international law and development research.

Author : National Research Council,Commission on Behavioral and Social Sciences and Education,Committee on International Conflict Resolution
Publisher : National Academies Press
Page : 640 pages
File Size : 51,5 Mb
Release : 2000-11-07
Category : Political Science
ISBN : 9780309171731

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International Conflict Resolution After the Cold War by National Research Council,Commission on Behavioral and Social Sciences and Education,Committee on International Conflict Resolution Pdf

The end of the Cold War has changed the shape of organized violence in the world and the ways in which governments and others try to set its limits. Even the concept of international conflict is broadening to include ethnic conflicts and other kinds of violence within national borders that may affect international peace and security. What is not yet clear is whether or how these changes alter the way actors on the world scene should deal with conflict: Do the old methods still work? Are there new tools that could work better? How do old and new methods relate to each other? International Conflict Resolution After the Cold War critically examines evidence on the effectiveness of a dozen approaches to managing or resolving conflict in the world to develop insights for conflict resolution practitioners. It considers recent applications of familiar conflict management strategies, such as the use of threats of force, economic sanctions, and negotiation. It presents the first systematic assessments of the usefulness of some less familiar approaches to conflict resolution, including truth commissions, "engineered" electoral systems, autonomy arrangements, and regional organizations. It also opens up analysis of emerging issues, such as the dilemmas facing humanitarian organizations in complex emergencies. This book offers numerous practical insights and raises key questions for research on conflict resolution in a transforming world system.

Author : Stijn Smet,Eva Brems
Publisher : Oxford University Press
Page : 280 pages
File Size : 45,9 Mb
Release : 2017-07-21
Category : Law
ISBN : 9780192515698

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When Human Rights Clash at the European Court of Human Rights by Stijn Smet,Eva Brems Pdf

The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.

Author : Chiara Giorgetti,Natalie Klein,Natalie S. Klein
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 43,5 Mb
Release : 2019
Category : Conflict of laws
ISBN : 9004316523

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Resolving Conflicts in the Law by Chiara Giorgetti,Natalie Klein,Natalie S. Klein Pdf

Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.