Achievements, Problems and Prospects

Author: Steven Greer

Publisher: Cambridge University Press

ISBN: 1139461966

Category: Law

Page: N.A

View: 661

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.
Read More

Author: Jonas Christoffersen,Mikael Rask Madsen

Publisher: Oxford University Press

ISBN: 0199694494

Category: Law

Page: 236

View: 6824

Papers from the Copenhagen Conference on the European Court of Human Rights, held at the University of Copenhagen on March 21-22, 2009.
Read More

The Quest for Substance in the Jurisprudence of the European Courts

Author: Charilaos Nikolaidis

Publisher: Routledge

ISBN: 1317701372

Category: Law

Page: 238

View: 9995

A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Read More

Penology and Human Rights

Author: Dirk van Zyl Smit,Sonja Snacken

Publisher: OUP Oxford

ISBN: 0191018821

Category: Law

Page: 488

View: 397

In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.
Read More

Author: Catherine Barnard,Markus W Gehring

Publisher: Bloomsbury Publishing

ISBN: 1782250522

Category: Law

Page: 812

View: 9968

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 14 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward
Read More

Annuaire de la Convention Europeenne des Droits de l'Homme

Author: Council of Europe

Publisher: Martinus Nijhoff

ISBN: 9789004155565

Category: Civil rights

Page: 1380

View: 6702

The Yearbook of the European Convention on Human Rights, edited by staff of the Council of Europe, is an indispensable record of the development and impact of the world's oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and in national legislation and practice. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken down by subject-matter; and extensive summaries of key judgments handed down by the Court during the year. Selected human rights (DH) resolutions adopted as part of the Committee of Ministers' work supervising the execution of the Court's judgments. Enquiries by the Secretary General carried out under Article 52 of the Convention. Other work of the Council of Europe connected with the European Convention on Human Rights, carried out by the Committee of Ministers, the Parliamentary Assembly, and the Directorate General of Human Rights. A summary survey of the implementation in certain member states of the Convention in the form of both legislation and case-law. Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.
Read More

Author: Conor Gearty

Publisher: Cambridge University Press

ISBN: 131645052X

Category: Political Science

Page: N.A

View: 5845

In this set of three essays, originally presented as the 2005 Hamlyn Lectures, Conor Gearty considers whether human rights can survive the challenges of the war on terror, the revival of political religion, and the steady erosion of the world's natural resources. He also looks deeper than this to consider the fundamental question: How can we tell what human rights are? In his first essay, Gearty asks how the idea of human rights needs to be made to work in our age of relativism, uncertainty and anxiety. In the second, he assesses how the idea of human rights has coped with its incorporation in legal form in the UK Human Rights Act, arguing that the record is much better and more democratic than many human rights enthusiasts allow. In his final essay, Gearty confronts the challenges that may destroy the language of human rights for the generations that follow us.
Read More

Author: Ingrid Leijten

Publisher: Cambridge University Press

ISBN: 1108187552

Category: Political Science

Page: N.A

View: 2848

Core Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.
Read More

Author: W. Cole Durham,Tore Lindholm

Publisher: Routledge

ISBN: 1317112601

Category: Religion

Page: 304

View: 5928

Islam and Political-Cultural Europe identifies the sometimes confusing and often contentious new challenges that arise in daily life and institutions as Islam settles deeper into Europe. Critiquing past and recent assimilation efforts in the fields of education, finance, and security, the contributors offer prospective solutions to diverse contemporary problems. Exploring the interactions of Muslim, Christian and secular cultures in the context of highly pluralized contemporary European societies, this book offers a valuable tool for those within and outside Europe seeking to understand the far-reaching implications of combining cultures, the struggles of the Muslim-Christian-secular transition, and the progress which the future promises.
Read More

Author: W. Cole Durham,Rik Torfs

Publisher: Routledge

ISBN: 1317112350

Category: Religion

Page: 354

View: 7354

Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Read More

BPR

Author: N.A

Publisher: N.A

ISBN: N.A

Category: American literature

Page: N.A

View: 2122

Read More

A Comparative Analysis with a Special Focus on the ECtHR, WTO and ICJ

Author: Liliana E. Popa

Publisher: Springer

ISBN: 3319654888

Category: Law

Page: 379

View: 5467

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
Read More

Conceptual Limits and States' Positive Obligations in European Law

Author: Vladislava Stoyanova

Publisher: Cambridge University Press

ISBN: 1107162289

Category: Law

Page: 496

View: 3931

An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.
Read More

Internal Legislation and Climate Diplomacy

Author: Marc Pallemaerts

Publisher: ASP / VUBPRESS / UPA

ISBN: 9054876077

Category: Political Science

Page: 339

View: 6056

Climate change has taken centre stage in Eurpean and international politics. The fourth assessment report of the Intergovernmental Panel on Climate Change (IPCC), released in 2007, confirmedthat climate change is on eof the most serious threats to international security and the well-being of human kind. At the European level, climate change has become a major agenda item regularly discussed by the European Council. Internationally, the issue has become one of "high politics". Since 2005, it has been a top priority of the G-8 Summits, and both the UN Security Council and the UN General Assembly have placed it high on their agendas. World leaders are rallying to achieve a new global deal to combat global warming under the UN Framework Convention on Climate Change. Overall, there is hardly any high-level political encounter in which the issue is not discussed. The European Union as established itself as the most ptrominent international leader on the issue. It has been one of the most fervent supporters of the UN Framework Convention on Climate Change and its Kyoto Protocol, striving to sustain its leadership in the efforts to reach a new global agreement post-2012. The EU has also increasingly underpinned its international leadership position with domestic action. Most prominently, it introduced a greenhouse gas emissions trading scheme in 2005. The Period 2007-2008 saw a major overhaul and leap forward in the development of a renewed EU framework of policy and legislation to address climate change. Most importantly, the new EU climate policies include a set of legislative acts adopted in early 2009 and known as the "climate and energy package" that is designed to acheve the EU's target of reducing greenhouse gas emissions by 20% and increasing the share of renewable energies to 20% by 2020. This volume provides a timely overview and assessment of the development of the new EU climate policies with a focus on the new climate and energy package. Are EU climate policies sufficient to meet the environmental, economic and political challenge posed by global climate change? How do international and domestic climate poliies of the EU intereact and are they mutually supportive? What are the prospects for the EU keeping its international leadership in the face of a more engaged US and increasingly assertive emerging economies? In addressing these questions, the volume aims to enhance understanding and contribute to further discussions on the current and potential reole of the EU in the fight against climate change.
Read More