Download or read book Judge Loukis Loucaides An Alternative View on the Jurisprudence of the European Court of Human Rights written by Leto Cariolou and published by BRILL. This book was released on 2008-05-31 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains the most important separate opinions of Judge Loukis Loucaides, member of the European Court of Human Rights from 1998 until 2008. It collates a decade of disagreement with the Court's judgments by a judge with strong moral convictions about the interpretation of the Convention. His opinions were largely inspired by the legal principles he was dedicated to serving. Separate opinions offer valuable insight into different trends and schools of thought that inevitably influence the development of the Court’s case-law. Always eager, as he liked to say, “to call a spade a spade”. Judge Loucaides' opinions reflect his unfettered commitment to human rights and make for interesting reading.
Download or read book Evidence Standards in EU Competition Enforcement written by Andriani Kalintiri and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules or principles govern the assessment of evidence in EU competition enforcement? This book offers, for the first time, a comprehensive academic study on the topic. Its aim is twofold. Firstly, it produces a typology of evidence standards in competition proceedings at the EU level, thereby systemising the guidance that is currently dispersed in the case-law of the EU Courts. Secondly, it examines the applicable evidence rules and principles with a view to better understanding their role in EU competition enforcement. In so doing, the book illustrates that evidence standards are not mere technicalities and their significance should not be underestimated. Rigorous and engaging, this work provides a much-needed analysis of a key question of EU competition enforcement.
Download or read book Current Publications in Legal and Related Fields written by and published by . This book was released on 2009 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Book Review Index 2009 Cumulation written by Dana Ferguson and published by Book Review Index Cumulation. This book was released on 2009-08 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Book Review Index provides quick access to reviews of books, periodicals, books on tape and electronic media representing a wide range of popular, academic and professional interests. The up-to-date coverage, wide scope and inclusion of citations for both newly published and older materials make Book Review Index an exceptionally useful reference tool. More than 600 publications are indexed, including journals and national general interest publications and newspapers. Book Review Index is available in a three-issue subscription covering the current year or as an annual cumulation covering the past year.
Download or read book The European Convention on Human Rights written by Loukis Loucaides and published by BRILL. This book was released on 2007-09-30 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises thirteen articles each written to provide an exposition and analysis of a specific topic drawn from the European Convention on Human Rights. Many of these topics are either explored for the first time or from a novel perspective. All the topics are examined and presented from a critical standpoint and some important judgments of the European Court of Human Rights are taken to task. Some of the essays have been previously published in a variety of legal periodicals, and have been reproduced in this volume in order to make them more widely accessible.
Download or read book Exclusive Jurisdiction in Intellectual Property written by Benedetta Ubertazzi and published by Mohr Siebeck. This book was released on 2012 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exclusive jurisdiction rules related to intellectual property rights cases are insufficiently supported by the arguments usually invoked in their favor. Benedetta Ubertazzi argues that such rules are even contrary to the public international law provisions on the avoidance of a denial of justice and should therefore be abandoned.--
Download or read book Equality and Non Discrimination under the European Convention on Human Rights written by Oddný Mjöll Arnadóttir and published by BRILL. This book was released on 2021-10-18 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.
Download or read book Essays on the Developing Law of Human Rights written by Loukis Loucaides and published by BRILL. This book was released on 2021-09-27 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers the reader an exposition and critical analysis of certain human rights, such as the right to information and to personality. Some human rights issues of legal and also of political significance, including the protection of human rights pending the settlement of related political issues, are also examined. There is an emphasis on novel or debatable aspects which have hitherto been insufficiently explored, such as the scope of civil servants' freedom of speech, the expulsion of settlers from occupied territories, and whether the test of state responsibility for violations of human rights is objective or subjective. Most of the topics are examined in the context of the European Convention on Human Rights and, where relevant, reference is made to U.S. Supreme Court case law and international law. The book is intended for lawyers having a special interest in human rights.
Download or read book Human Rights and the Unborn Child written by Rita Joseph and published by BRILL. This book was released on 2009 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging volume gathers a selection of the mass of material available from the major human rights instruments, from first drafts, legislative histories, and contemporary commentaries, from more recent scholarship as well as from the General Comments and Concluding Observations and Recommendations of the various treaty monitoring bodies relating to the topic of the unborn child. Contemporary reinterpretations of these documents are held up to the searchlight of historical context, including a reminder of the original purpose and meaning and the philosophical foundation of modern international human rights law.
Download or read book Manual on Human Rights and the Environment written by Council of Europe and published by Council of Europe. This book was released on 2006-01-01 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepared by government experts from all 46 member states of the Council of Europe, this publication seeks to help promote a better understanding of the relationship between human fights and environmental issues by setting out details of relevant case-law of the European Court of Human Rights and the principles upon which these judgements are based. These include: the right to life (Article 2), the right to respect for family life (Article 8), the right to a fair trial and access to a court (Article 6) and the right to receive and impart information and ideas (Article 10) of the European Convention on Human Rights.
Download or read book From Judgment to Justice written by David C. Baluarte and published by . This book was released on 2010 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite unquestionable achievements over the past 25 years, the Inter-American, European, African, and UN systems all face tremendous obstacles in translating their verdicts into change on the ground. In many cases, landmark decisions have not yielded meaningful reform. This report by the Open Society Justice Initiative reviews the implementation of judgments across the world's four human rights systems. Working from empirical data as well as interviews conducted with court personnel, human rights advocates, and academics, authors David C. Baluarte and Christian M. De Vos provide a comprehensive review of the dynamics involved in putting international commitments into practice. The report provides recommendations tailored to each system, while also pulling together common points of concern in its final chapter.--Publisher description.
Download or read book Corporate Responsibility Under the Alien Tort Statute written by Michael Koebele and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
Download or read book Proving Discriminatory Violence at the European Court of Human Rights written by Jasmina Mačkić and published by BRILL. This book was released on 2018-07-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkić unveils the evidentiary issues faced by the European Court of Human Rights when dealing with cases of discriminatory violence. In that context, she evaluates the Court’s application of the standard of proof ‘beyond reasonable doubt’ and aims to answer the question whether that standard forms an obstacle in establishing the occurrence of discriminatory violence. In addition, she offers an assessment into the circumstances in which the burden of proof may shift from the applicant to the respondent state. The author also looks at the types of evidentiary materials that may be used by the Court in order to establish discriminatory violence.
Download or read book Sovereignty in the Exercise of the Right to Self Determination written by Jane A. Hofbauer and published by BRILL. This book was released on 2016-09-12 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty in the Exercise of the Right to Self-Determination detangles the relationship between a number of principles of international law and the exercise of sovereign power. Jane Hofbauer’s assessment is conducted through an analysis of the different tiers of self-determination, ranging from the right to exercise external self-determination, the right to exercise forms of autonomy as a form of de facto independence, and the right to a type of ‘spatial’ independence, exemplified through the principles of permanent sovereignty over natural resources (PSNR), and free, prior and informed consent (FPIC). The book not only highlights the (intentional) uncertainties within each of these principles, but identifies the (non-discretionary) limits to their normative evolution. It thereby explores to what extent (indigenous) peoples can be designated as sovereign entities.
Download or read book Coexistence Cooperation and Solidarity 2 vols written by and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 2258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Liber Amicorum, dedicated to Judge Rüdiger Wolfrum of the International Tribunal for the Law of the Sea, highlights paradigmatic changes in international law, a body of law which moved during the 20th century from a law of coexistence to one of cooperation and which is now about to reflect notions of solidarity going even beyond cooperative undertakings. This leitmotif of Rüdiger Wolfrum’s academic research and judgeship is represented in a comprehensive collection of essays by eminent scholars and practitioners of international law covering specific aspects of international law, including law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and domestic law. With its multifaceted and comprehensive overview of the evolution of international law in recent years and detailed study of current challenges this collection is a unique source of insight for all those interested in this fascinating field of law.
Download or read book A theory of international terrorism electronic resource written by L. Ali Khan and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a study of Islamic militancy in the geopolitical contexts of Chechnya, Kashmir, Palestine, and the September 11 attacks on the United States. This book argues that the policy of no negotiations with Muslim militants is contrary to the UN Charter, and that terrorism cannot be eradicated unless the nation-state evolves into the Free State.
Download or read book Statehood and the Law of Self Determination written by David Raic and published by BRILL. This book was released on 2002-09-01 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehood, even if the territorial entity satisfied the traditional criteria for statehood. On the other hand, in other cases, including some of those mentioned above, the international community acknowledged the statehood of entities which clearly failed to meet these criteria. In the light of the above-mentioned developments, this book examines the modern law of statehood, and in particular the role of the law of self-determination in the process of the formation of States in international law. The study shows that the law of statehood has changed considerably since the establishment of the United Nations. It is argued that the law of self-determination is particularly relevant for explaining the international community's position regarding the general recognition, or the general denial, of statehood of different territorial entities under contemporary international law.
