Download or read book Immunities and the Right of Access to Court Under Article 6 of the European Convention on Human Rights written by Matthias Kloth and published by BRILL. This book was released on 2010 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining immunities under public international law and privileges afforded to certain bodies and persons by domestic law, this book discusses the case-law of the European Court of Human Rights on the conflict between immunities and Article 6 of the European Convention on Human Rights.
Download or read book The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights written by Stephanos Stavros and published by BRILL. This book was released on 2021-09-27 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times Article 6 of the European Convention on Human Rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused persons is beginning to emerge. This book is the first to make an in-depth analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's careful, meticulous research reveals that Article 6 has been interpreted in such a way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings. The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature. Dr Stavros has been a member of the Athens Bar since 1987. He is currently employed as a legal expert by the Directorate of European Communities Affairs of the Greek Ministry of Foreign Affairs.
Download or read book Due Process and Fair Trial in EU Competition Law written by Cristina Teleki and published by BRILL. This book was released on 2021-05-17 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.
Download or read book Access to Justice as a Human Right written by Francesco Francioni and published by OUP Oxford. This book was released on 2007-10-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Immunity of International Organizations written by and published by BRILL. This book was released on 2015-08-31 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public opinion and legal writings frequently criticize international organizations for invoking their immunity and for the lack of adequate means of redress for claimants. It is against this background that an international conference was organized at Leiden University in June 2013. A number of highly qualified academics and practitioners gave presentations and prepared written contributions that are collected in this book. This book is published to celebrate the 10th anniversary of the International Organizations Law Review, in which these contributions have also been published (Vol. 10, issue 2, 2014).
Download or read book The Concept of Equality of Arms in Criminal Proceedings Under Article 6 of the European Convention on Human Rights written by Omkar Sidhu and published by . This book was released on 2017 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background to Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight into equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and in international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3). The book argues that the most important of these constituent elements--the requirement of 'disadvantage'--is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the book's survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance. The end result is a book for both scholars and practitioners that will not only forge an enhanced general understanding of procedural fairness safeguards and standards, including from a historical perspective, but also provoke, more specifically, new reflection on the concept of equality of arms.
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Role of International Administrative Law at International Organizations written by and published by BRILL. This book was released on 2020-11-04 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of International Administrative Law at International Organizations, edited by Peter Quayle, is centred on the law of employment relations at international organizations, and divided into four parts. It examines the interplay between international administrative law and the jurisdictional immunities of international organizations. It explores the principles and practice of resolving employment related disputes at intergovernmental institutions. It considers the dynamic development of international administrative tribunals. It examines international administrative law as the basis for the effectiveness and integrity of international organizations. Together academics, jurists and practitioners portray the employment law that governs the international civil service and the resulting accountability of the United Nations, UN Specialized Agencies, and international financial institutions, like the World Bank and IMF.
Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
Download or read book Immunity V Human Rights Or Harmonious Interpretation Incompatibility of the State Immunity Act with the Human Rights Act and the Right to a Remedy Under International and European Law After Benkharbouche written by Katja S. Ziegler and published by . This book was released on 2017 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: The article critically analyses the judgment in the case of Benkharbouche in which the Court of Appeal declared Sections 16(1)(a) and 4(2)(b) of the State Immunity Act 1978 to be incompatible with Article 6 ECHR because they disproportionately restricted access to justice of service staff of embassies in relation to their employment contracts. At the same time it disapplied these provisions because they breached the right to an effective remedy under Article 47 of the EU Charter of Fundamental Rights. The judgment is welcomed for highlighting the overly restrictive scope of the SIA in relation to certain employment relationships with diplomatic missions in the UK, for contributing to the international law of state immunity and for clarifying the national application of the EU Charter. However, the very cautious approach to the interpretation of a UK statute in the light of international law is criticised. Interpreting the SIA in conformity with international law and legislative intent would not have crossed the boundaries of interpretation but would have avoided divergence between remedies available to individuals under the HRA and those available under EU law.
Download or read book The European Convention on Human Rights and General International Law written by Anne van Aaken and published by Oxford University Press. This book was released on 2018-09-20 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2003-01-30 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner.
Download or read book The Commercial Activity Exception to State Immunity written by Katherine Reece Thomas and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.
Download or read book Research Handbook on Jurisdiction and Immunities in International Law written by Alexander Orakhelashvili and published by Edward Elgar Publishing. This book was released on 2015-10-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook provides a comprehensive and up-to-date analysis of the international law of jurisdiction and immunities, illustrating those aspects in which the law of jurisdiction and law of immunities are mutually interdependent, as well as shedding light on the implications of that interdependence. With authoritative contributions from recognized experts, it offers an impartial perspective on the applicable international law, independent from any positions held in governmental or other institutional circles. Authoritative and well-structured, the book covers all major topics in relation to jurisdiction and immunities, such as conceptual justifications for jurisdiction and immunities, extra-territorial jurisdiction, types of available immunities, normative basis for jurisdiction and immunity claims in various types of judicial proceedings. It explores the complex questions arising when a state asserts its jurisdiction over persons that are based abroad, or are not that state’s citizens, or otherwise have no connection with that state, as well as how tensions are further heightened when one state tries to assert jurisdiction, in its own courts, over another state or an international organization such as the UN. This much-needed Handbook will appeal strongly to academic researchers and postgraduate students. Civil servants and employees of international organizations and NGOs will also find it an invaluable resource.
Download or read book The European Convention on Human Rights and the Conflict in Northern Ireland written by Brice Dickson and published by OUP Oxford. This book was released on 2012-03-15 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. Brice Dickson studies the effectiveness of the Convention in protecting human rights in a society wracked by terrorism and deep political conflict, detailing the numerous applications lodged at Strasbourg relating to the conflict and considering how they were dealt with by the enforcement bodies. The book illustrates the limitations inherent in the Convention system but also demonstrates how the European Commission and Court of Human Rights gradually developed a more interventionist approach to the applications emanating from Northern Ireland. In turn this allowed the Convention to become a more secure guarantor of basic rights and freedoms during times of extreme civil unrest and political turmoil elsewhere in Europe. The topics examined include the right to life, the right not to be ill-treated, the right to liberty, the right to a fair trial, the right to a private life, the right to freedom of belief, the right to freedom of expression, the right to freedom of assembly, and the right not to be discriminated against. The book argues that, while eventually the European Court did use the applications from Northern Ireland to establish important human rights principles, their development was slow and arduous and some gaps in protection still remain. The book illustrates the limits of the European Convention as a tool for protecting human rights in times of crisis.
Download or read book Remedies against Immunity written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.
Download or read book Cases and Materials on the European Convention on Human Rights written by Alastair R. Mowbray and published by Oxford University Press, USA. This book was released on 2007 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition provides students with a selection of the leading jurisprudence, together with commentary, on the major rights enshrined in the European Convention of Human Rights. It also examines the creation of the Convention, and the role of the institutions and remedies available at the European level.
