Download or read book The European Court of Human Rights in the Post Cold War Era written by James A. Sweeney and published by Routledge. This book was released on 2013-01-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights in the Post-Cold War Era: Universality in Transition examines transitional justice from the perspective of its impact on the universality of human rights, taking the jurisprudence of the European Court of Human Rights as its detailed case study. The problem is twofold: there are questions about differences in human rights standards between transitional and non-transitional situations, and about differences between transitions. The European Court has been a vital part of European democratic consolidation and integration for over half a century, setting meaningful standards and offering legal remedies to the individually repressed, the politically vulnerable, and the socially excluded. After their emancipation from Soviet influence in the 1990s, and with membership of the European Union in mind for many, the new democracies of Central and Eastern Europe flocked to the Convention system. The voluminous jurisprudence of the European Court of Human Rights can now give us some clear information about how an international human rights law regime can interact with transitional justice. The jurisprudence is divided between those cases concerning the human rights implications of explicitly transitional policies (such as lustration), and those that involve impacts upon specific democratic rights during the transition. The book presents a close examination of claims by states that transitional policies and priorities require a level of deference from the Strasbourg institutions. The book proposes that states’ claims for leeway from international human rights supervisory mechanisms during times of transition can be characterised not as arguments for cultural relativism, but for ‘transitional relativism’.
Download or read book Human Rights in Europe during the Cold War written by Rasmus Mariager and published by Routledge. This book was released on 2014-06-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the establishment, dispersion and effects of human rights in Europe during the Cold War. The struggle for human rights did not begin at the end of the Second World War. For centuries, political associations, religious societies and individuals had been fighting for political freedom, religious tolerance, freedom of expression, freedom of thought and the right to participate in politics. However, the world was awakened by the atrocities of the Second World War and the idea that every person should have certain perpetual and inalienable rights was set out in The Universal Declaration of Human Rights (UDHR) from 1948, which contained an enumeration of international human rights standards. Adopting an interpretative framework which pulls together universal ideas, values and principles of human rights, Human Rights in Europe during the Cold War demonstrates how conflicting interests collided when the exact meaning of human rights was established. It also discusses various approaches to the idea of imposing respect for human rights in countries where they were systematically violated and assesses the outcome of international accords on human rights, in particular the 1975 Helsinki Final Act. In conclusion, this volume proposes that human rights functioned as moral support to the opposition in repressive regimes and that this was subsequently used as a tool to further system changes. Based on new archival research, this book will be of much interest to students of Cold War studies, human rights, European history, international law and IR in general.
Download or read book The European Court of Human Rights between Law and Politics written by Jonas Christoffersen and published by OUP Oxford. This book was released on 2011-06-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.
Download or read book Human rights in Europe since 1945 written by Antoine Fleury and published by Peter Lang Publishing. This book was released on 2003 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bern, Berlin, Bruxelles, Frankfurt/M., New York, Oxford, Wien. Collection de l'Association internationale d'histoire contemporaine de l'Europe publiee sous la direction de Jean-Claude Favez. This book deals with a remarkable period of human history from the end of Second World War to the end of the Cold War, when Europe established the world's most advanced human-rights regime. During this half century a continent, divided by arms and ideology, divested of its colonial empires, and faced with a huge influx of foreigners, drew on old ideas and on post-First World War experiments, to expand the political, judicial, and diplomatic practices of human-rights advocacy and protection. The book contains the major part of the contributions of the colloquium of the 19th International Congress of Historical Sciences held in Oslo in August 2000. It represents one of the first collaborative, historical inquiries into the field of human rights. Cet ouvrage traite d'une periode importante de l'histoire europeenne, qui s'etend de la fin de la Seconde Guerre mondiale jusqu'a la fin de la guerre froide. Elle a ete marquee par l'instauration en Europe du regime des droits de l'homme le plus avance du monde. Durant ce demi-siecle, le continent europeen, divise sur le plan strategique et ideologique, depouille de ses possessions coloniales, confronte a un vaste afflux d'immigres, s'est engage a developper des instruments politiques, judiciaires et diplomatiques de protection et de defense des droits de l'homme. Ce livre reunit la majeure partie des contributions du colloque tenu a Oslo en aout 2000 dans le cadre du XIX(e) Congres international des sciences historiques. Il s'agit d'une des premieres enqueteshistoriques dans le domaine des droits de l'homme, entreprise avec la collaboration d'historiens de divers horizons. Contents/Contenu: Antoine Fleury: Introduction - Albert P. van Goudoever: The Problem of the International Protection of Human Rights since 1945: from International Legal Declarations to Commitment in Global Politics - Michael Biddiss: Human Rights and "Crimes against Humanity": the Development of a Supranational Concept at the Nuremberg Trials - Carole Fink: The European Court of Human Rights: Protecting Freedom of Expression - Bernard A. Cook: The Rights of Linguistic and Cultural Minorities in post-1945 Europe - Gerard Bossuat: La France, terre d'asile: l'avenir brouille d'un grand destin - Jozef Laptos: Les aspects politiques de l'action humanitaire de l'UNRRA envers les personnes deplacees en 1943-1947 - Tatiana A. Pavlova: The Human Rights Movement in the Soviet Union, 1945-1975 - C. Serban Radulescu-Zoner: Les violations des droits de l'homme en Roumanie (1945-1975): reactions contradictoires des milieux politiques franais - Josefina Cuesta Bustillo: Histoire comparee des droits sociaux dans les pays d'Europe occidentale de 1945 a 1950 - Peter Malcontent: Myth or Reality? The Dutch Crusade against the Human Rights Violations in the Third World, 1973-1981 - Giovanni Barberini: La politique du Saint-Siege dans le domaine des droits de l'homme - Antoine Fleury: Les autorites suisses et la question des droits de l'homme - Jaques Bariety: La France, les droits de l'homme et la genese de la conference d'Helsinki de 1975 - Mikhail M. Narinski: L'Union sovietique et le probleme des droits de l'homme dans la premiere moitie des annees soixantedix - Floribert H. Baudet: TheNetherlands and the Rank of Denmark: Prestige as Stimulus for Human Rights Policies - Carole Fink: Afterword.
Download or read book From Coexistence to Cooperation written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 1991-08-15 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: In four short years the international landscape has been completely reorganized. The major political fault line of the Cold War has been for the most part erased, and the foundations have been laid for an entirely new era in international relations. Serious focused analysis is urgently needed to help facilitate the process of ending the Cold War'. This volume, the product of a Canada-Soviet bilateral conference of jurists and other scholars, specialized in International Law and International Organizatin, and International Conflicts-Resolution, held at Simon Fraser University, Vancouver in June 1990, attempts to provide such analysis. Written by a professionally and scientifically distinguished team of Canadian and Soviet experts, it deals with such issues as the winding up of the Nuclear and General Disarment process, the current main proposals on strengtening the United Nations and on reforming and modernizing its main arenas and institutions, new approaches to International Trade and Commerce on a multilateral basis, developing new norms of International Environmental Protection Law, and the Intrnational protection of Human Rights. It is characterized above all by a common emphasis, Soviet and Canadian, on pragmatism, and on a rigorously empirical, problem-oriented approach and offers not merely a description of international Law as it might now happen to exist. The result is a suprisingly far-ranging consensus, not merely on the major World Community problems that should be deemed ripe for present study, but also on their most desirable, practical and realizable solutions.
Download or read book Human Rights in European Politics written by Christopher Selbach and published by GRIN Verlag. This book was released on 2007-08-24 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2001 in the subject Politics - International Politics - Topic: International Organisations, grade: 1.3 (A), University of Leeds (POLIS), 30 entries in the bibliography, language: English, abstract: Europe has got a long tradition of human rights. Actually, the idea of "the inherent dignity and of the equal and inalienable rights of all members of the human family" as laid down in the Universal Declaration of Human Rights of the United Nations is said to have its historic origins in ancient Greek philosophy and Roman law. The first official declarations of human rights, starting with the English Bill of Rights of 1688, all stand in this tradition. Hence, it is not far-fetched when Europeans see themselves as defenders of human rights principles on the international scene. Especially the European Union′s self-perception has moved in this direction. With the end of the Cold War, the right time seems to have come for politics that increasingly take into account, defend and even fight for such values: the war of the North Atlantic Treaty Organisation with Yugoslavia is only one example of this tendency. But it is a good example, because the "humanitarian catastrophe" that was triggered by Western air-strikes also highlights the fact that the "new Europe" is far from being an examplary place where human rights are widely respected. The essay examines in a critical way the extent to which politics in the pre-9/11 "new Europe" were actually characterised by human rights principles. The foundations of these principles in the "old Europe" will be considered, as well as the double challenge to politics brought about by the fall of the Berlin wall and how this challenge has been met in the 1990s by political institutions (EU's internal and external human rights policies, NATO). The essay concludes with a discussion of the universality claim of human rights in an Western-dominated and internationalised world. The essay critically reviews facts and fiction
Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Download or read book International Intervention in the Post Cold War World written by Michael C. Davis and published by Routledge. This book was released on 2017-07-28 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: International intervention on humanitarian grounds has been a contentious issue for decades. First, it pits the principle of state sovereignty against claims of universal human rights. Second, the motivations of intervening states may be open to question when avowals of moral action are arguably the fig leaf covering an assertion of power for political advantage. These questions have been salient in the context of the Balkan and African wars and U.S. policy in the Middle East. This volume undertakes a serious, systematic, and broadly international review of the issues.
Download or read book The Conservative Human Rights Revolution written by Marco Duranti and published by Oxford University Press. This book was released on 2017 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconsiders the origins of the European human rights system, arguing that its conservative inventors, foremost among them Winston Churchill, conceived of the European Convention on Human Rights (ECHR) as a means of realizing a controversial political agenda and advancing a Christian vision of European identity.
Download or read book Mirrors of Justice written by Kamari Maxine Clarke and published by . This book was released on 2010 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literatures on human rights, legal pluralism, and international law"--Provided by publisher.
Download or read book The Conservative Human Rights Revolution written by Marco Duranti and published by Oxford University Press. This book was released on 2016-12-20 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II. In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and French conservatives believed violated their basic liberties. Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples. Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today.
Download or read book International Law in the Post Cold War World written by Haopei Li and published by Psychology Press. This book was released on 2001-01 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centering on the theme of 'progressiveness', this powerful volume offers important new perspectives on the history, theory and practice of international law. Covering topics of great contemporary relevance such as the use of force, human rights and sovereignty, this book is of essential interest to lawyers, historians and political scientists.
Download or read book Introduction to the International Human Rights Regime written by Manfred Nowak and published by BRILL. This book was released on 2021-10-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are the only universally recognized system of contemporary values which, during the last 50 years, has been gradually developed and defined by all States in a comprehensive international legal framework. The international human rights regime is closely related to international peace and security, development and a global trend towards pluralist democracy, good governance and the rule of law. International humanitarian and criminal law can today be considered as specific aspects of international human rights law, which after the end of the Cold War has become increasingly complex and difficult to oversee. The present textbook attempts to provide a first and at the same time comprehensive introduction into the idea and significance of human rights, its philosophical and theoretical foundations, historical development, the main structures and procedures of international human rights protection by the United Nations and regional organizations (Council of Europe, Organization of American States, African Union, OSCE and others), and modern trends, such as preventive mechanisms, international criminal law, human rights as essential elements of peace-keeping and peace-building operations, humanitarian intervention or the relationship between human rights and terrorism. The book perceives human rights as an inter-disciplinary topic and illustrates the theory of human rights with a considerable number of practical case-studies, graphics, statistics, procedural charts and textboxes. It serves as a textbook for students of law, political science, international relations and other academic fields related to human rights, but may as well be used as a first introduction for those working in the field, for NGO activists, legal practitioners and others interested in the fascinating world of universal human rights.
Download or read book Human Rights in Turmoil written by Stéphanie Lagoutte and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are human rights gaining or losing ground? This question has become relevant after two decades of unprecedented progress in developing human rights standards and institutions. The political climate during the Cold War created many obstacles, but the fall of the Berlin Wall in 1989 and its aftermath during the following decade created a sense of promise and progress among human rights scholars and actors. Yet, today, actions, statements and initiatives questioning the legitimacy and validity of human rights, or even threatening their very existence, have become a regular part of current political realities, even in states traditionally dedicated to the rule of law. This would have been inconceivable ten or twenty years ago. At the political level human rights are gaining as well as losing ground. The question of the adequacy, legitimacy and scope of human rights is still a live one. And weaknesses in supra-national human rights protection systems have emerged over the last twenty years. It is now clear that human rights mechanisms are not well adapted to the handling of the ever-increasing number of complaints or to the effective implementation of human rights. This thought-provoking collection of essays by leading scholars and practitioners in the field of human rights explores the ways in which human rights are currently being challenged and weakened, but also strengthened in important and groundbreaking ways in different areas and settings. They explore the many current debates which centre on human rights concerns: debates about secularism and religious norms, about minimum social standards and social security, about the future regulation of citizenship, about prison reform and theuse of less inhumane methods of detention; as well as the reform of the UN system and the challenges facing the now overburdened European Court of Human Rights.
Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Download or read book The European Convention on Human Rights written by Steven Greer and published by Cambridge University Press. This book was released on 2006-11-30 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.
Download or read book Mirrors of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2010 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literature on human rights, legal pluralism, and international law.
