Download or read book The Impact of the European Convention on Human Rights on Private International Law written by Louwrens R. Kiestra and published by Springer. This book was released on 2014-09-11 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Download or read book The Impact of the European Convention on Human Rights on Private International Law written by Louwrens Rienk Kiestra and published by T.M.C. Asser Press. This book was released on 2014-10-09 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
Download or read book The Influence of Human Rights on International Law written by Norman Weiß and published by Springer. This book was released on 2015-02-25 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
Download or read book A Europe of Rights written by Helen Keller and published by OUP Oxford. This book was released on 2008-07-31 with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights has evolved into a sophisticated legal system, whose formal reach into the domestic law and politics of the Contracting States is limited only by the ever-widening scope of the Convention itself, as determined by a transnational court. 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.
Download or read book The Development of International Law by the European Court of Human Rights written by J. G. Merrills and published by Manchester University Press. This book was released on 1993 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law.
Download or read book The Interpretation and Application of the European Convention of Human Rights written by Malgosia Fitzmaurice and published by Martinus Nijhoff Publishers. This book was released on 2012-12-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law
Download or read book The Implications of the European Convention on Human Rights for the Development of Public International Law written by Theodor Meron and published by . This book was released on 2000 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This document was prepared as a discussion paper for a meeting of the Ad Hoc Committee of Legal Advisers on Public International Law held in Berlin 13-14 March 2000. The paper concludes that although it is still early to reach definitive conclusions about the impact of the European Convention on Human Rights (ECHR) on general international law, it is already clear that the impact is significant, not just on human rights systems but also in other areas.
Download or read book Impact of the European Convention on Human Rights in states parties written by Council of Europe and published by Council of Europe. This book was released on 2016-11-01 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: What positive impact has the European Convention on Human Rights had upon states parties to the Convention? The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals’ access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law.
Download or read book The European Convention on Human Rights and Its Impact on National Private Law written by Matteo Fornasier and published by . This book was released on 2023-06-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.
Download or read book Human Rights in National and International Law written by Universität Wien. Rechts- und Staatswissenschaftliche Fakultät and published by Manchester University Press. This book was released on 1968 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Organized jointly by the Law Faculty of the University of Vienna and the Council of Europe."
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 2018-10-04 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 European Human Rights Law written by Mark W. Janis and published by . This book was released on 2008 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.
Download or read book Law of the European Convention on Human Rights written by David John Harris and published by Lexis Law Publishing (Va). This book was released on 1995 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. The right to marry
Download or read book Human Rights in the Private Sphere written by Andrew Clapham and published by Oxford University Press on Demand. This book was released on 1996 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.
Download or read book Human rights in Europe written by J. G. Merrills and published by Manchester University Press. This book was released on 2022-12-20 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an ebook for the first time, the fourth edition of this book provides a comprehensive introduction to the most advanced international human rights system in the world – the European Convention on Human Rights. Full account is taken of developments to the Convention case law and the supervisory arrangements in the form of Protocol No. 11, together with relevant developments outside Strasbourg, including the human rights aspects of the EU and the Organisation for Cooperation and Security in Europe (OSCE). Reviews the new European Court of Human Rights, set up in 1998, and contrasts it with the original arrangements for supervising the Convention. Examines the relations between the Convention and other human rights arrangements, such as the OSCE and the European Social Charter. A valuable title in the Melland Schill Studies in International Law series.
Download or read book Just Satisfaction under the European Convention on Human Rights written by Octavian Ichim and published by Cambridge University Press. This book was released on 2014-12-04 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: How effective is the European Court of Human Rights in dispensing justice? With over 17,000 judgments handed down, it is undoubtedly the most prolific international court but is it the most efficient when compensating the victims of a violation? This crucial but often overlooked question is the focus of this important new monograph which gives a clear, comprehensive and convincing demonstration of the negative impact, in terms of unpredictability and legal uncertainty, of the discretion used by the Court when it comes to the regime of reparation. It reveals the adverse influence of such a high discretion on the quality of its rulings - ultimately on the coherence of the system and on the Court's authority, and makes suggestions for improvement.
Download or read book European Convention on Human Rights written by Christoph Grabenwarter and published by Bloomsbury Publishing. This book was released on 2014-02-12 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature.
