Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Download or read book Damages and Human Rights written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2016-05-19 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2000 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatment of the topic of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. It also provides a theoretical framework and a practical guide.
Download or read book State Responsibility and the Individual written by Albrecht Randelzhofer and published by BRILL. This book was released on 2023-11-27 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Accountability and Corporate Human Rights Violations in Tort and International Law written by Emmanuel K. Nartey and published by Cambridge Scholars Publishing. This book was released on 2021-10-04 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume identifies a coherent legal principle in order to establish a novel duty of care for corporate human rights violations and environmental damages. It examines whether tort and civil law offer better accountability and remedies for victims of corporate human rights abuses, and carries out an in-depth and critical analysis of the concept of corporate accountability. Moreover, a fundamental part of this book is devoted to examining the extent to which international criminal law influences international human rights law in its use of tort law and civil law remedies. Finally, the book sets out a theoretical mechanism for duty of care, as well as a proposal for the establishment of a ‘Hybrid International Transnational Corporation Court’ that would have the potential to effectively interpret the concept of the corporate duty of care under tort law.
Download or read book Human Rights Damages written by David Scorey and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The right to a remedy and to reparation for gross human rights violations a practitioners guide written by Cordula Dröge and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Responsibility and the Individual written by Albrecht Randelzhofer and published by Martinus Nijhoff Publishers. This book was released on 1999-03-11 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reviews the modern tendency to recognize individuals aggrieved by a (grave) violation of their rights as holders of claims to reparation directly under international law. Indeed, the European as well as the American Convention on Human Rights empower the relevant Courts to grant appropriate compensation to any person whose complaint is successful. Under general international law, however, this tendency still lacks solid foundations, although a draft declaration currently pending before the UN Human Rights Commission ('van Boven Principles') would confirm the individual's entitlement to reparation as a matter of international law. Likewise, some US Courts have already tried to entertain suits against foreign States in instances of egregious human rights violations. At first glance, to accept persons victims of grave violations as actors at the level of international law seems to be a big step forward, strengthening significantly the regime of human rights. Yet care must be taken not to lose sight of the advantages of the traditional configuration according to which the State alone is entitled to assert reparation claims in cases where its nationals have suffered injury at the hands of another State. In particular, the consequences of developments of catastrophic dimensions like wars cannot be sensibly settled in the same way as any other tort claim. At the inter-State level, in particular, globalization of reparation is indispensable. To apply the simple maxim that all the consequences of an internationally wrongful act must be wiped out would in many instances be tantamount to negating the possibility ever to make a fresh start after a devastating international conflict.
Download or read book Damages for Violations of Human Rights Law in the United Kingdom written by Merris Amos and published by . This book was released on 2015 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom (UK) damages violations of human rights law are available through the unique standalone mechanism provided by the Human Rights Act 1998 (HRA). The HRA has been designed to replicate at the national level the treatment a claimant would receive before the European Court of Human Rights (ECtHR). Courts contemplating an award of damages under the HRA must therefore consider the principles set out in the HRA itself, including other remedies granted and the consequences of the award, as well as the principles applied by the ECtHR. However, despite the numerous principles applied to the award of damages under the HRA, there remain very few reported cases where damages have been awarded. There is also very little academic discussion of this body of jurisprudence. It has been suggested that it would be more appropriate for a tort model for damages to be adopted, but it is not clear that this would constitute a more effective remedy. Real justice for victims could be better achieved were national courts to contemplate in more detail the rationale for damages awards in this context, and pay closer attention to developments at the ECtHR level.
Download or read book Tort Law in the Jurisprudence of the European Court of Human Rights written by Attila Fenyves and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.
Download or read book Remedies in International Human Rights Law written by Dinah Shelton and published by Oxford University Press, USA. This book was released on 2015 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dinah Shelton provides a comprehensive treatment of remedies for human rights violations reviews the jurisprudence of international tribunals on these violations. The text provides a theoretical framework and a practical guide for lawyers, judges, and academics interested in human rights law.
Download or read book Philippine Materials in International Law written by Raul C Pangalangan and published by BRILL. This book was released on 2021-11-15 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.
Download or read book Civil Responsibility for Gross Human Rights Violations written by Sascha-Dominik Bachmann and published by PULP. This book was released on 2007 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the development under international human rights law with regards to human rights protection with the overall objective to develop an argument for a future international regime of civil liability for individual and corporate perpetrator of gross human violations.
Download or read book Damages and Human Rights written by Jason Varuhas and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
