The European Convention On Human Rights And General International Law

Author : Anne van Aaken,Iulia Motoc
Publisher : Oxford University Press
Page : 300 pages
File Size : 42,9 Mb
Release : 2018-10-04
Category : Law
ISBN : 9780192565549

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The European Convention on Human Rights and General International Law by Anne van Aaken,Iulia Motoc Pdf

The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.

Author : J. G. Merrills
Publisher : Manchester University Press
Page : 354 pages
File Size : 51,5 Mb
Release : 1993
Category : Civil rights
ISBN : 0719045606

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The Development of International Law by the European Court of Human Rights by J. G. Merrills Pdf

The rule of law.

Author : Norman Weiß,Jean-Marc Thouvenin
Publisher : Springer
Page : 248 pages
File Size : 40,7 Mb
Release : 2015-02-25
Category : Law
ISBN : 9783319120218

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The Influence of Human Rights on International Law by Norman Weiß,Jean-Marc Thouvenin Pdf

This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Martinus Nijhoff Publishers
Page : 303 pages
File Size : 40,7 Mb
Release : 2012-11-30
Category : Law
ISBN : 9789004242838

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The Interpretation and Application of the European Convention of Human Rights by Malgosia Fitzmaurice,Panos Merkouris Pdf

In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law. The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.

Author : Janneke Gerards
Publisher : Cambridge University Press
Page : 406 pages
File Size : 50,8 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.

Author : Bertie G. Ramcharan
Publisher : BRILL
Page : 383 pages
File Size : 42,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004482296

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The Right to Life in International Law by Bertie G. Ramcharan Pdf

Author : David John Harris,Michael O'Boyle,Colin Warbrick
Publisher : Lexis Law Publishing (Va)
Page : 828 pages
File Size : 50,8 Mb
Release : 1995
Category : Law
ISBN : UOM:39015037779694

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Law of the European Convention on Human Rights by David John Harris,Michael O'Boyle,Colin Warbrick Pdf

2. The right to marry

Author : Angelika Nussberger
Publisher : Elements of International Law
Page : 257 pages
File Size : 55,9 Mb
Release : 2020
Category : Law
ISBN : 9780198849643

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The European Court of Human Rights by Angelika Nussberger Pdf

Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 53,6 Mb
Release : 2008
Category : Law
ISBN : 9780199277469

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European Human Rights Law by Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley Pdf

The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.

Author : William A. Schabas
Publisher : Oxford University Press
Page : 1414 pages
File Size : 54,9 Mb
Release : 2015-09-24
Category : Law
ISBN : 9780191066764

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The European Convention on Human Rights by William A. Schabas Pdf

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 : Riccardo Pisillo Mazzeschi
Publisher : Springer Nature
Page : 557 pages
File Size : 45,6 Mb
Release : 2021-09-29
Category : Law
ISBN : 9783030770327

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International Human Rights Law by Riccardo Pisillo Mazzeschi Pdf

This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI).

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 398 pages
File Size : 43,9 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781135971939

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Human Rights Law in Europe by Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara Pdf

This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Author : Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
Publisher : A&C Black
Page : 493 pages
File Size : 51,6 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252115

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The European Convention on Human Rights and the Employment Relation by Filip Dorssemont,Klaus Lörcher,Isabelle Schömann Pdf

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Author : Mireille Delmas-Marty
Publisher : Martinus Nijhoff Publishers
Page : 372 pages
File Size : 41,8 Mb
Release : 1992
Category : Political Science
ISBN : 079231283X

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The European Convention for the Protection of Human Rights by Mireille Delmas-Marty Pdf

Court of Human Rights:.

Author : Universität Wien. Rechts- und Staatswissenschaftliche Fakultät
Publisher : Manchester University Press
Page : 420 pages
File Size : 51,9 Mb
Release : 1968
Category : Civil rights
ISBN : 0719002966

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Human Rights in National and International Law by Universität Wien. Rechts- und Staatswissenschaftliche Fakultät Pdf

"Organized jointly by the Law Faculty of the University of Vienna and the Council of Europe."