The European Convention On Human Rights As An Instrument Of Tort Law
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Author : Stefan Somers Publisher : Unknown Page : 0 pages File Size : 41,5 Mb Release : 2018 Category : Convention for the Protection of Human Rights and Fundamental Freedoms ISBN : 1780686838
The European Convention on Human Rights as an Instrument of Tort Law by Stefan Somers Pdf
This book provides a detailed examination of the European Court of Human Rights' practice to award compensation under Article 41 of the European Convention on Human Rights and its consequences.
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.
Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner
Author : Attila Fenyves,Ernst Karner,Helmut Koziol,Elisabeth Steiner Publisher : Walter de Gruyter Page : 0 pages File Size : 43,6 Mb Release : 2011 Category : Convention for the Protection of Human Rights and Fundamental Freedoms ISBN : 3119165972
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.
Civil Responsibility for Gross Human Rights Violations by Sascha-Dominik Bachmann Pdf
The book investigates the development under international human rights law with regards to human rights protection with the overall objective to develop an argument for a future international regime of civil liability for individual and corporate perpetrator of gross human violations.
The Impact of the European Convention on Human Rights on Private International Law by Louwrens R. Kiestra Pdf
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Author : Theodor Meron Publisher : Oxford University Press, USA Page : 304 pages File Size : 53,9 Mb Release : 1984 Category : Human rights ISBN : UCSD:31822000273011
Positive Obligations Under the European Convention on Human Rights by Vladislava Stoyanova Pdf
It is beyond question that States have positive obligations under the European Convention on Human Rights (ECHR) to prevent harm. A State can be found in breach of the ECHR when it should have protected persons from harm or risk. However, given the difficulties of determining and delimiting the role of the State, the conditions under which positive obligations may apply have been unclear. The search for balance between intrusion and restraint by the State - between protection and freedom from interference - further complicates questions of state responsibility. Vladislava Stoyanova directly addresses these challenges in Positive Obligations under the European Convention on Human Rights. By systematising the case law of the European Court of Human Rights, the book provides key insights into the elements crucial for ascertaining state responsibility for omissions - state knowledge, causation, and reasonableness. It outlines different kinds of positive human rights obligations and identifies the circumstances under which they can be breached. Stoyanova reflects upon what is at stake for political communities when the triggering, content, and scope of positive obligations has been determined. She offers serious evaluation of the dangers of ECHR obligations whose scope might be too expansive or intrusive, as well as the conceptual hurdles of applying positive human rights obligations extraterritorially. The definitive resource on ECHR positive obligations, this book is essential reading for academics, legal practitioners, and policymakers working across the diverse fields in which positive human rights obligations may apply. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
The Fundamentals of Swedish Law by Laura Carlson Pdf
This book offers a foreign reader an overview and understanding of the most important aspects of the law and legal system in Sweden, from the legal institutions to more specific topics such as contract law, tort law and family law. These presentations are not exhaustive but rather meant to give the reader a sufficient enough understanding to be somewhat orientated in the Swedish legal system. The book is written for non-Swedish practitioners faced with a specific legal issue involving Swedish law. It is also addressed to foreign law students in need of an overview of the Swedish legal system in order to help them in their further studies at Swedish universities.
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.
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author : Angelika Nussberger Publisher : Elements of International Law Page : 257 pages File Size : 55,5 Mb Release : 2020 Category : Law ISBN : 9780198849643
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.
General Principles for Business and Human Rights in International Law by Ludovica Chiussi Curzi Pdf
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
