Download or read book The Execution of Strasbourg and Geneva Human Rights Decisions in the National Legal Order written by M.L. van Emmerik and published by BRILL. This book was released on 2021-09-27 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In practice and legal doctrine, little attention has so far been paid to the position of the applicant who has taken the long road to the European Court of Human Rights (Strasbourg) or a UN Human Rights Committee (Geneva) and finally won his/her case there. Does he or she see any improvement in his/her position? Does the applicant obtain real reparation? The purpose of this book is to demonstrate how individual case decisions from Strasbourg and Geneva are implemented in the national legal order. Is there a need for improving this implementation, and if so, how can such an improvement be achieved? In this volume several legal practitioners and scholars deal with the issue of the execution of human rights decisions in the national legal order from different perspectives. Emphasis is laid on the execution of Strasbourg decisions in the Dutch legal order, but solutions in other Council of Europe member states are also discussed. The book is intended for lawyers having a special interest in human rights, both at the national and international level.
Download or read book A Europe of Rights written by Helen Keller and published by . This book was released on 2008 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy."--BOOK JACKET.
Download or read book UN Human Rights Treaty Bodies written by Leena Grover and published by Cambridge University Press. This book was released on 2012-04-16 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.
Download or read book The Legal Culture of the European Court of Human Rights written by Nina-Louisa Arold and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Without understanding the legal culture of the judges a full understanding of Strasbourg's rulings seems hardly possible. Through interviews, field observations and case law analysis, this book fills this need and offers a fresh approach towards convergence in Europe.
Download or read book Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case law written by Janneke Gerards and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.
Download or read book The Ombudsman Good Governance and the International Human Rights System written by Linda C. Reif and published by Springer. This book was released on 2013-12-19 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children's rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women's rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.
Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals 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 This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Download or read book Making Peoples Heard written by Asbjørn Eide and published by BRILL. This book was released on 2011-06-22 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels. The book begins with the examination by several authors from their different perspectives (general international law, international human rights law and humanitarian law) of the existence and meaning of the right to peace. Subsequent chapters examine in detail the standard setting, monitoring and other ways of ensuring compliance by States and international organizations with the applicable human rights rules. A special chapter is devoted to the rights of indigenous peoples and minorities, an issue of particular interest and concern to Gudmundur Alfredsson. The contributors are academics or practitioners in the field of international law and human rights, nearly all of whom having in their own work been closely associated with Professor Alfredsson's various projects aimed at the promotion and protection of human rights. "This is a remarkable book, written by insiders for one of the most prominent players in the international human rights system, particularly at the UN level. It can serve as a genuine commentary on many of the most burning issues within that system, ranging from the performance of the UN Human Rights Council and the situation of "UNmikistan" (Kosovo) to the latest developments of the law on minorities and indigenous peoples, both at the global and regional level." H.E. Judge Bruno Simma, International Court of Justice.
Download or read book UNMIK as an International Governance in Post war Kosova written by Blerim Reka and published by Logos-A. This book was released on 2003 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Principle of Equality written by Johan vande Lanotte and published by Maklu. This book was released on 2001 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.
Download or read book The Limits of Leviathan written by Robert E. Scott and published by Cambridge University Press. This book was released on 2006-08-14 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.
Download or read book Justice and Global Politics Volume 23 Part 1 written by Ellen Frankel Paul and published by Cambridge University Press. This book was released on 2006-03-06 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the end of the Cold War, there has been increasing interest in the global dimensions of a host of public policy issues - issues involving war and peace, terrorism, international law, regulation of commerce, environmental protection, and disparities of wealth, income, and access to medical care. Especially pressing is the question of whether it is possible to formulate principles of justice that are valid not merely within a single society but across national borders. The thirteen essays in this volume explore a range of issues that are central to contemporary discussions of global politics. Written by prominent philosophers, political scientists, economists, and legal theorists, they offer valuable contributions to current debates over the nature of justice and its implications for the development of international law and international institutions.
Download or read book The African Human Rights System written by Vincent Obisienunwo Orlu Nmehielle and published by Martinus Nijhoff Publishers. This book was released on 2001-12-11 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4. Right to Peace.
Download or read book Legal Interaction Between Decisions of International Organizations and European Law written by Nikolaos Lavranos and published by Europa Law Publishing. This book was released on 2004 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text contains chapters on domestic legal status of international treaties, domestic legal status of decisions of international organizations, judicial and quasi-judicial binding decisions, and decisions adopted by the EU within the II. and III. pillars.
Download or read book Towards Implementing Universal Human Rights written by Nisuke Andō and published by Martinus Nijhoff Publishers. This book was released on 2004 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique collection has been compiled to mark the occasion of the 25th anniversary of the activities of the Human Rights Committee established under the International Covenant on Civil and Political Rights. It reflects various aspects of the Committee and its activities and is comprised of articles contributed exclusively by its members, past and present. The Festschrift is divided into five chapters. Chapter I comprises four articles dealing with the UN system of human rights protection in general and the role and work of the Human Rights Committee in particular. Chapter II contains two articles on the historical aspects of the Committee, both in retrospect and prospect. Chapter III covers three articles, each dealing with the Committee's different activities of a general nature, whereas Chapter IV includes six articles, each analyzing Committee activities of a specific nature. Chapter V is composed of only one article, a case study of domestic implementation of the Covenant. This is a must-have collection for government officials, academics, NGO personnel and students interested in studying human rights in a worldwide perspective.
Download or read book Documents written by Council of Europe: Parliamentary Assembly and published by Council of Europe. This book was released on 2005-01-06 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Perspectives on Housing Rights written by Scott Leckie and published by BRILL. This book was released on 2021-10-18 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than one billion people around the world do not have adequate housing. How far does human rights law help to remedy this problem? What measures must governments take to protect people against housing rights violations? What are the strengths and weaknesses of human rights law in the housing area? Is the current law enough, or are new laws necessary? These and many other questions are addressed in the various chapters contained in National Perspectives on Housing Rights. While most coverage of economic, social and cultural rights has tended to focus on international standards and principles, this book examines the more challenging question of how housing rights are implemented at the national and local level. Chapters from recognised housing rights practitioners from Brazil, Canada, India, Kenya, Mexico, Nigeria, Philppines, South Africa, the US and elsewhere provide some of the first national-level legal analyses of the implementation of housing rights standards recognised under international law. A foreword by Nelson Mandela and a preface by international legal scholar Professor Philip Alston provide interesting perspectives on the fundamental role of housing rights within the broader human rights field.
