The Reception Of International Law In The European Court Of Human Rights

Author : Magdalena Forowicz
Publisher : Unknown
Page : 457 pages
File Size : 51,6 Mb
Release : 2010
Category : Law
ISBN : 9780199592678

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The Reception of International Law in the European Court of Human Rights by Magdalena Forowicz Pdf

The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.

Author : J. G. Merrills
Publisher : Manchester University Press
Page : 354 pages
File Size : 51,8 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 : Anne van Aaken,Iulia Motoc
Publisher : Oxford University Press
Page : 300 pages
File Size : 40,6 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 : Norman Weiß,Jean-Marc Thouvenin
Publisher : Springer
Page : 246 pages
File Size : 46,6 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 : Helen Keller,Alec Stone Sweet
Publisher : OUP Oxford
Page : 896 pages
File Size : 48,7 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.

Author : Louwrens R. Kiestra
Publisher : Springer
Page : 335 pages
File Size : 52,5 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.

Author : Riccardo Pisillo Mazzeschi
Publisher : Springer Nature
Page : 557 pages
File Size : 52,7 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 : Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley
Publisher : Unknown
Page : 1015 pages
File Size : 52,8 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 : Mads Tønnesson Andenæs,Eirik Bjorge
Publisher : Cambridge University Press
Page : 605 pages
File Size : 43,5 Mb
Release : 2015-10-09
Category : Law
ISBN : 9781107082090

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A Farewell to Fragmentation by Mads Tønnesson Andenæs,Eirik Bjorge Pdf

Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.

Author : Francisco Forrest Martin,Stephen J. Schnably,Richard Wilson,Jonathan Simon,Mark Tushnet
Publisher : Cambridge University Press
Page : 1028 pages
File Size : 55,5 Mb
Release : 2006-01-16
Category : Political Science
ISBN : 1139448935

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International Human Rights and Humanitarian Law by Francisco Forrest Martin,Stephen J. Schnably,Richard Wilson,Jonathan Simon,Mark Tushnet Pdf

International Human Rights and Humanitarian Law: Treaties, Cases, and Analysis introduces the reader to the international legal instruments and case law governing the substantive and procedural dimensions of international human rights and humanitarian law, including economic, social, and cultural rights. The book, which was originally published in 2006, also discusses the history and organisational structure of human rights and humanitarian law enforcement mechanisms. A chapter is devoted a chapter to the issues surrounding the incorporation of international law into U.S. law, including principles of constitutional and statutory interpretation, conflict rules, and the self-execution doctrine. Questions and comments sections provide critical analyses of issues raised in the materials. The last chapter addresses theoretical issues facing contemporary international human rights and humanitarian law and its enforcement.

Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 50,5 Mb
Release : 2015-11-27
Category : Law
ISBN : 9781785361876

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The Intersection of International Law and Domestic Law by Davíd Thór Björgvinsson Pdf

What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Author : Kanstantsin Dzehtsiarou,Theodore Konstadinides,Tobias Lock,Noreen O'Meara
Publisher : Routledge
Page : 398 pages
File Size : 42,9 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 : Council of Europe
Publisher : Council of Europe
Page : 184 pages
File Size : 45,8 Mb
Release : 1998-01-01
Category : Political Science
ISBN : 9287134626

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The Judge and International Law by Council of Europe Pdf

Author : Francesco Francioni
Publisher : OUP Oxford
Page : 272 pages
File Size : 52,6 Mb
Release : 2007-10-25
Category : Law
ISBN : 9780191018657

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Access to Justice as a Human Right by Francesco Francioni Pdf

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

Author : Helmut P. Aust,Esra Demir-Gürsel
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 49,9 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.