Download or read book Proof Evidentiary Assessment and Credibility in Asylum Procedures written by Gregor Noll and published by . This book was released on 2005 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proof Evidentiary Assessment and Credibility in Asylum Procedures The Raoul Wallenberg Institute Human Rights Library written by Gregor Noll and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess. Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment. Drawing on the results of a 12-month research project within the framework of the Refugee Research Programme and of three interdisciplinary expert conferences held at the Danish Centre for Human Rights, Copenhagen, the Institute for International Integration Studies, Dublin, and the Faculty of Law, Lund, this volume sets new parameters for an informed debate on evidence in asylum cases.
Download or read book Gregor Noll Hrsg Proof Evidentiary Assessment and Credibility in Asylum Procedures The Raoul Wallenberg Institute Human Rights Library Vol 16 written by Stefan Keßler and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reservations to Human Rights Treaties and the Vienna Convention Regime written by Ineta Ziemele and published by BRILL. This book was released on 2004-10-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has always been some discomfort about reservations in relation to international obligations of States applicable to individuals. This apprehension was once again brought to the forefront of the international normative process with General Comment No. 24 of the Human Rights Committee and the work of the International Law Commission on reservations to treaties. This book is a contribution to the debate on reservations to human rights treaties. Several key questions are addressed. Can the reservations' regime, as codified in the 1969 Vienna Convention on the Law of Treaties, adequately address human rights relationships? Is there a danger of further fragmentation of international law if human rights treaties were to be treated differently as concerns the reservations'regime applicable to these treaties? Should the distinction be made between the validity of a reservation and the effects of a reservation found to be invalid? These and other questions continue to generate a variety of answers.
Download or read book The Relationship Between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-vis" national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, "inter alia," whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
Download or read book The New International Law written by Christoffer C. Eriksen and published by BRILL. This book was released on 2010-10-25 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains revised versions of a select number of research papers presented at a conference in Oslo, Norway, entitled “The New International Law”. The conference was subtitled “Polycentric Decision-making Structures and Fragmented Spheres of Law: What Implications for the New Generation of International Legal Discourse?” This subtitle signals the most important elements of the conference’s main purpose which was to be a project in line with certain strands of contemporary scholarship on international law; scholarship that bases itself on certain assumptions regarding what are important and changing preconditions for the field of international law research.
Download or read book Human Rights Law From Dissemination to Application written by Jonas Grimheden and published by BRILL. This book was released on 2006-06-09 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume illustrates the complex relationship between dissemination of human rights standards and their application in human rights law, and thus serves as a tribute to Melander’s belief in and commitment to the dynamics of education in human rights law.
Download or read book The Responsibility to Protect written by Dan Kuwali and published by Martinus Nijhoff Publishers. This book was released on 2011 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Explores the scope and limits of Article 4(h) of the African Union Constitutive Act"--Introd.
Download or read book The Legal Culture of the European Court of Human Rights written by Nina-Louisa Arold and published by BRILL. This book was released on 2007-10-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.
Download or read book The Influence of American Theories on Judicial Review in Nordic Constitutional Law written by Ragnhildur Helgadóttir and published by BRILL. This book was released on 2006-02-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts of some Nordic countries started reviewing the constitutionality of legislation long before judicial review was established elsewhere in Europe. This study examines the influence of American law and theories of judicial review on the development, practice and theorization of judicial review in Norway, Denmark, and Iceland from the 19th century to the present. The study describes how Nordic scholars in the late 19th century rationalized judicial review based on American theory and how American law influenced both their views of the institution and their way of thinking about substantive constitutional rights. These views in turn influenced Nordic jurisprudence for decades. The author then shows how the changes that took place in American constitutional jurisprudence in the 1930s and 1940s influenced Nordic constitutional theory and constitutional jurisprudence. These changes received significant attention in Nordic legal circles and the study examines how these changes, as well as the American and Nordic theory that built on them, influenced Nordic jurisprudence. Finally, it is argued that American influence in this area of law changed after 1965. Direct references to and discussions of American law almost disappeared from Nordic jurisprudence. American constitutional law was, however, an important influence on the case-law of the European Court of Human Rights, which importance increased in this period. The European Convention of Human Rights and the Court’s decisions have in turn immensely influenced Nordic constitutional law.
Download or read book Journalism Worthy of the Name written by Herdís Thorgeirsdóttir and published by BRILL. This book was released on 2005-06-01 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this study is ‘freedom within the press’, the nature and limits of the protection afforded to the journalistic imparting process, which has been a neglected area of research. The analysis draws on the classical defenders of freedom of speech, Milton and Mill, to show that at the dawn of the 21st century the intertwined alliance between big business and public authorities resulting in the widespread phenomena of self-censorship within the media constitutes an almost insurmountable obstacle. Instead of enlightening the public and inspiring the individual the press may be contributing to an inert public and individual cowardice antithetical to the objectives of human dignity and democracy. The core of the problem is that prima facie the infringement of freedom within the media is not exercised on legal premises and cannot therefore be solved within the legal framework. The operation of the press in society is conditioned by three types of regulation, legal regulation, market regulation and self-regulation. Legal regulation does not adequately presuppose the impact of the latter as it is based on the assumption that press freedom is mainly a negative liberty. The book explores the affirmative side of Article 10 of the European Convention on Human Rights to guarantee press freedom that is not merely illusory but practical and effective. Convention jurisprudence has not only influenced the domestic courts of the Contracting Parties but also the legislators of the Member States. In an era of globalization dominant media operators wield power in their own domestic markets to impede national regulators in adopting interventionist media policies to secure journalistic freedoms. The Convention jurisprudence represents a kind of European ius commune, which is here set in the context of an analysis reflecting the problems and values at issue and offering recommendations to alleviate a situation which threatens democratic ideals and public-spirited journalism.
Download or read book National Human Rights Institutions in the Asia Pacific Region written by Brian Burdekin and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to provide a consolidated collection of materials to facilitate comparison of the various national human rights institutions (NHRIs) already established in the Asia-Pacific region, against a background of selected international materials and with the assistance of several comparative tables. The latter are not intended to be exhaustive, but are designed to assist in identifying and considering the strengths and weaknesses inherent in the legislative mandates of each national institution. While the collection is primarily intended for teaching purposes, it should also be useful to countries considering establishing a national human rights commission or, for those which have already done so, strengthening its mandate. For this reason several sections have been included outlining the relationship which should exist between NHRIs, the Executive, the Legislature, the Judiciary and other related institutions and a short section on the importance of the process which should precede their establishment.
Download or read book The Dynamics of Corporate Social Responsibilities written by Radu Mareș and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes that the responsible business practices of leading companies are significant not only as isolated instances of self-regulation, but that they also contribute to a broader rule-making process which has been underway in the last decade and is aimed at making business more responsive to human rights and environmental concerns. The flexibility of existing laws as well as the emergence of new regulations relevant to corporate social responsibility (CSR) are highlighted. As CSR increasingly interacts with public policy, some insufficiently understood effects of CSR appear that can help us advance toward more systemic solutions in the business and human rights area. This study identifies variables that states can stimulate through a wide range of interventions ranging from capacity-building measures to policy to hard law so that responsible practices get diffused more broadly and deeply in the business community. The intended audiences are legal experts with an interest in enhancing the protection of human rights in developing countries, and CSR theorists and practitioners mindful of the broader social dynamics that surround the implementation of CSR commitments.
Download or read book Judicial Protection of Economic Social and Cultural Rights written by Bertie G. Ramcharan and published by BRILL. This book was released on 2005-08-01 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to bring together, for the first time, a collection of documents and case-law from different parts of the world, which shows the Courts at work in providing judicial protection of economic, social and cultural rights.
Download or read book Constitutionalism written by Joakim Nergelius and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has its roots in a conference on recent developments in Nordic and German constitutional law that took place in Berlin in 2002 at the Nordic Cultural Centre.That conference was organised within the project "Konstitutionalism, demokrati och den nordiska valfardsstaten" (Constitutionalism, Democracy and the Nordic Welfare State), financed by the Joint Committee for Nordic Research Councils for the Humanities and the Social Sciences (NOS-HS). The volume contains the edited and updated papers which emerged from this meeting of minds. They offer insight into some of the new, exciting strands of constitutional thought that are currently present in the Nordic doctrine, where many new paths have been opened in recent years. The contrast with the situation two decades ago is indeed striking. As far as German and European law are concerned, some of the most important theoretical issues in the doctrine are analysed in a number of particularly rewarding and inspiring contributions.
Download or read book International Law and Indigenous Peoples written by Joshua Castellino and published by BRILL. This book was released on 2005-03-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters.
Download or read book American Book Publishing Record written by and published by . This book was released on 2003 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt:
