The Impact Of The European Convention On Human Rights On Private International Law

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The Impact of the European Convention on Human Rights on Private International Law

Louwrens R. Kiestra
The Impact of the European Convention on Human Rights on Private International Law Book PDF

Author : Louwrens R. Kiestra
Publisher : Springer
Page : 329 pages
File Size : 48,8 Mb
Release : 2014-09-11
Category : Law
ISBN : 9789462650329

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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.

The Impact of the European Convention on Human Rights on Private International Law

Louwrens Rienk Kiestra
The Impact of the European Convention on Human Rights on Private International Law Book PDF

Author : Louwrens Rienk Kiestra
Publisher : T.M.C. Asser Press
Page : 329 pages
File Size : 45,5 Mb
Release : 2014-10-09
Category : Law
ISBN : 9462650330

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The Impact of the European Convention on Human Rights on Private International Law by Louwrens Rienk 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.

The Influence of Human Rights on International Law

Norman Weiß,Jean-Marc Thouvenin
The Influence of Human Rights on International Law Book PDF

Author : Norman Weiß,Jean-Marc Thouvenin
Publisher : Springer
Page : 248 pages
File Size : 42,9 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.

A Europe of Rights

Helen Keller,Alec Stone Sweet
A Europe of Rights Book PDF

Author : Helen Keller,Alec Stone Sweet
Publisher : OUP Oxford
Page : 896 pages
File Size : 41,5 Mb
Release : 2008-07-31
Category : Political Science
ISBN : 9780191560200

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A Europe of Rights by Helen Keller,Alec Stone Sweet Pdf

The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy.

The Interpretation and Application of the European Convention of Human Rights

Malgosia Fitzmaurice,Panos Merkouris
The Interpretation and Application of the European Convention of Human Rights Book PDF

Author : Malgosia Fitzmaurice,Panos Merkouris
Publisher : Martinus Nijhoff Publishers
Page : 303 pages
File Size : 49,9 Mb
Release : 2012-12-07
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

The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law

Impact of the European Convention on Human Rights in states parties

Council of Europe
Impact of the European Convention on Human Rights in states parties Book PDF

Author : Council of Europe
Publisher : Council of Europe
Page : 108 pages
File Size : 55,7 Mb
Release : 2016-11-01
Category : Political Science
ISBN : 9789287183866

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Impact of the European Convention on Human Rights in states parties by Council of Europe Pdf

What positive impact has the European Convention on Human Rights had upon states parties to the Convention? The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals’ access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law.

The European Convention on Human Rights and General International Law

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

Author : Anne van Aaken,Iulia Motoc
Publisher : Oxford University Press
Page : 300 pages
File Size : 49,8 Mb
Release : 2018-09-20
Category : Law
ISBN : 9780192565532

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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.

The European Convention on Human Rights and Its Impact on National Private Law

Matteo Fornasier,Maria Gabriella Stanzione
The European Convention on Human Rights and Its Impact on National Private Law Book PDF

Author : Matteo Fornasier,Maria Gabriella Stanzione
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2023-06-15
Category : Electronic
ISBN : 1839703423

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The European Convention on Human Rights and Its Impact on National Private Law by Matteo Fornasier,Maria Gabriella Stanzione Pdf

The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.

International Law of Human Rights

MichaelK. Addo
International Law of Human Rights Book PDF

Author : MichaelK. Addo
Publisher : Routledge
Page : 733 pages
File Size : 50,6 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562263

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International Law of Human Rights by MichaelK. Addo Pdf

International law is a social construct crafted by human endeavour to achieve or at least contribute to the achievement of goals perceived to be valuable or necessary to effective social relations. In effect, international law is no more than a facilitative process and so cannot have answers and conclusions of its own other than what lies within the ambitions of those who define the limits of the process. The essays collected together here reveal how international law facilitates the achievement of the long standing ambition of turning human rights ideals and rhetoric into reality.

The Implications of the European Convention on Human Rights for the Development of Public International Law

Theodor Meron,Ad Hoc Committee of Legal Advisers on Public International Law
The Implications of the European Convention on Human Rights for the Development of Public International Law Book PDF

Author : Theodor Meron,Ad Hoc Committee of Legal Advisers on Public International Law
Publisher : Unknown
Page : 30 pages
File Size : 41,8 Mb
Release : 2000
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : UOM:39015050505356

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The Implications of the European Convention on Human Rights for the Development of Public International Law by Theodor Meron,Ad Hoc Committee of Legal Advisers on Public International Law Pdf

This document was prepared as a discussion paper for a meeting of the Ad Hoc Committee of Legal Advisers on Public International Law held in Berlin 13-14 March 2000. The paper concludes that although it is still early to reach definitive conclusions about the impact of the European Convention on Human Rights (ECHR) on general international law, it is already clear that the impact is significant, not just on human rights systems but also in other areas.

Human Rights in National and International Law

Universität Wien. Rechts- und Staatswissenschaftliche Fakultät
Human Rights in National and International Law Book PDF

Author : Universität Wien. Rechts- und Staatswissenschaftliche Fakultät
Publisher : Manchester University Press
Page : 420 pages
File Size : 54,5 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."

European Human Rights Law

Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
European Human Rights Law Book PDF

Author : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 48,9 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.

The European Convention for the Protection of Human Rights

Mireille Delmas-Marty
The European Convention for the Protection of Human Rights Book PDF

Author : Mireille Delmas-Marty
Publisher : Martinus Nijhoff Publishers
Page : 372 pages
File Size : 45,6 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:.

Law of the European Convention on Human Rights

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

Author : David John Harris,Michael O'Boyle,Colin Warbrick
Publisher : Lexis Law Publishing (Va)
Page : 828 pages
File Size : 44,9 Mb
Release : 1995
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
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