Un Law Fundamental Rights

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Un Law, Fundamental Rights

Antonio Cassese
Un Law Fundamental Rights Book PDF

Author : Antonio Cassese
Publisher : Martinus Nijhoff Publishers
Page : 276 pages
File Size : 49,5 Mb
Release : 1979-02-10
Category : Law
ISBN : 9028608281

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Un Law, Fundamental Rights by Antonio Cassese Pdf

In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law . One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of & respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission & the Non-Aligned Movement to human rights & space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement & supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).

Abuse

András Sajó
Abuse Book PDF

Author : András Sajó
Publisher : Eleven International Publishing
Page : 338 pages
File Size : 44,6 Mb
Release : 2006
Category : Abuse of rights
ISBN : 9789077596166

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Abuse by András Sajó Pdf

This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.

The Constitution Act, 1982

Canada
The Constitution Act 1982 Book PDF

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

The Convergence of the Fundamental Rights Protection in Europe

Rainer Arnold
The Convergence of the Fundamental Rights Protection in Europe Book PDF

Author : Rainer Arnold
Publisher : Springer
Page : 235 pages
File Size : 41,6 Mb
Release : 2016-04-05
Category : Law
ISBN : 9789401774659

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The Convergence of the Fundamental Rights Protection in Europe by Rainer Arnold Pdf

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

An Introduction to Fundamental Rights in Europe

Facchi, Alessandra,Falcetta, Silvia,Riva, Nicola
An Introduction to Fundamental Rights in Europe Book PDF

Author : Facchi, Alessandra,Falcetta, Silvia,Riva, Nicola
Publisher : Edward Elgar Publishing
Page : 160 pages
File Size : 53,9 Mb
Release : 2022-03-22
Category : Political Science
ISBN : 9781788117036

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An Introduction to Fundamental Rights in Europe by Facchi, Alessandra,Falcetta, Silvia,Riva, Nicola Pdf

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity

The Influence of Human Rights and Basic Rights in Private Law

Verica Trstenjak,Petra Weingerl
The Influence of Human Rights and Basic Rights in Private Law Book PDF

Author : Verica Trstenjak,Petra Weingerl
Publisher : Springer
Page : 593 pages
File Size : 49,9 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319253374

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The Influence of Human Rights and Basic Rights in Private Law by Verica Trstenjak,Petra Weingerl Pdf

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Fundamental Rights in EU Internal Market Legislation

Vasiliki Kosta
Fundamental Rights in EU Internal Market Legislation Book PDF

Author : Vasiliki Kosta
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 55,9 Mb
Release : 2015-11-05
Category : Law
ISBN : 9781782258988

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Fundamental Rights in EU Internal Market Legislation by Vasiliki Kosta Pdf

This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.

Fundamental Rights in Europe

Federico Fabbrini
Fundamental Rights in Europe Book PDF

Author : Federico Fabbrini
Publisher : Oxford University Press
Page : 340 pages
File Size : 50,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780198702047

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Fundamental Rights in Europe by Federico Fabbrini Pdf

This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.

Reinforcing Rule of Law Oversight in the European Union

Carlos Closa,Dimitry Kochenov
Reinforcing Rule of Law Oversight in the European Union Book PDF

Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 54,7 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882

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Reinforcing Rule of Law Oversight in the European Union by Carlos Closa,Dimitry Kochenov Pdf

This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.

Fundamental Rights and the Legal Obligations of Business

David Bilchitz
Fundamental Rights and the Legal Obligations of Business Book PDF

Author : David Bilchitz
Publisher : Cambridge University Press
Page : 523 pages
File Size : 47,5 Mb
Release : 2021-11-11
Category : Business & Economics
ISBN : 9781108841948

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Fundamental Rights and the Legal Obligations of Business by David Bilchitz Pdf

This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 55,5 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.