The Law of International Human Rights Protection
The Law of International Human Rights Protection

Author: Walter Kälin

Publisher: OUP Oxford

Published: 2009-06-18

Total Pages: 589

ISBN-13: 0191018686

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Human rights are invoked on many occasions. But are they more than lofty values and abstract principles? In providing a concise but comprehensive overview of international human rights protection at the global and regional levels, this book offers an introduction to the ideas, conceptual underpinnings, and doctrine of international human rights law including the sources, legal nature, and scope of application of human rights obligations. The issues of implementation and enforceability at the domestic, regional, and universal level are explored, and the impact of the recently established Human Rights Council is assessed. The substantive guarantees covering economic, social, and cultural as well as civil and political rights based on the case law of UN treaty bodies and relevant regional courts are evaluated. This book shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. It explores the various mechanisms set up by the international community to monitor the implementation of human rights guarantees and to decide individual cases brought to the attention of human rights courts and quasi-judicial bodies at the international level. Its last part contains a detailed exploration of the meanings of human rights guarantees, such as the right to life, the prohibition of torture, non-discrimination, economic rights, and many others.

The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence
The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence

Author: Howard Charles Yourow

Publisher: BRILL

Published: 2021-09-27

Total Pages: 241

ISBN-13: 9004482261

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The Margin of Appreciation Doctrine in the Dynamics of European Human Rights Jurisprudence is the first full-length monograph to treat this subject, which is of central importance to the interpretation and application of the European Convention on Human Rights. It will enrich the understanding and appreciation of judges, advocates, civil servants, scholars, researchers, students, and indeed of anyone whose life and work is affected by national and international human rights adjudication. This thorough and learned analysis synthesizes the work of the Strasbourg judicial organs, proceeding in the light of the ongoing debates on the appropriate place of the margin doctrine in the Strasbourg jurisprudence. The author's rich conclusions add texture and perspective to the future judicial and scholarly dialogues which will no doubt continue to surround this subject matter. The text is eminently readable, written in a clear and precise style to be appreciated by the novice and specialist alike. The newcomer to human rights and to the Convention will find it an inviting introduction to complex material; the expert will gain new and expanded insights into the development of the case law rarely to be found in this breadth and depth.

European Convention Human
European Convention Human

Author: Council of Europe Staff

Publisher: Martinus Nijhoff Publishers

Published: 1995-01-01

Total Pages: 964

ISBN-13: 9780792333869

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This volume of the "Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe, relates to 2003. Part one contains information on the Convention. Part two deals with the control mechanism of the European Convention on Human Rights: selected judgments of the European Court of Human Rights and human rights (DH) resolutions of the Committee of Ministers; part three groups together the other work of the Council of Europe in the field of human rights, and includes the work of the Committee of Ministers, the Parliamentary Assembly and the Directorate General of Human Rights; part four is devoted to information on national legislation and extracts from national judicial decisions concerning rights protected by the Convention. Appendix A contains a bibliography on the Convention, and Appendix B the biographies of the new judges elected to the European Court of Human Rights.

Temporary
Temporary

Author: Council of Europe Staff

Publisher: Martinus Nijhoff Publishers

Published: 1962-06-01

Total Pages: 700

ISBN-13: 9789024709489

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The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, 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 by the Council of Europe's Committee of Ministers, responsible for supervising the application of the Court's judgments in the member states. 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 and Legal Affairs. Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.

The European Convention for the Protection of Human Rights
The European Convention for the Protection of Human Rights

Author: Mireille Delmas-Marty

Publisher: BRILL

Published: 2021-10-25

Total Pages: 364

ISBN-13: 9004478906

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The reason of State plays an important role under the European Convention for the Protection of Human Rights and Fundamental Freedoms. Not only does Article 15 authorize States to take measures derogating from their obligations under the Convention `in time of war or other public emergency, threatening the life of the nation'; most of the rights and liberties defined in the Convention are subject to escape clauses as well. This book demonstrates first that the `system' of the Convention is much more ambiguous than could have been expected. Secondly, it shows, on the basis of study carried out in most of the Member States of the Council of Europe, that a certain resistance exists to the Convention. Neither the ambiguity of the European system, nor the resistance of States to the system must be overlooked. These should not, however, conceal the dynamics of the Europe/States relationship which could well lead to a more `reasoned' conception of the reason of State. Has a `Europe of human rights' begun to develop through the complex interplay of national and European norms? This is the question raised in this fascinating book. Mireille Delmas-Marty is professor of Law at the Université de Paris 1 (Panthéon -- Sorbonne) and Director of the Section de Sciences Criminelles of the Institute of Comparative Law in Paris.

The Dynamics of the Protection of Human Rights in Europe
The Dynamics of the Protection of Human Rights in Europe

Author: Lawson

Publisher: Martinus Nijhoff Publishers

Published: 2023-10-09

Total Pages: 440

ISBN-13: 9004632751

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Over the years the protection of human rights, both at the regional level in Europe and at other levels, has been marked by profound change. This is certainly true of the way in which fundamental rights, such as the right to a fair trial, are interpreted and applied by international and domestic courts. New issues such as minority rights and the protection of economic, social and cultural rights have emerged. At the same time, a number of institutional questions have arisen amongst which the possibility of responding to urgent human rights abuses, the need to reform the monitoring mechanism of the European Convention on Human Rights, and the relationship between the Convention and the European Communities. This volume provides the reader with a comprehensive and challenging overview of the most topical aspects of the international protection of human rights.

The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective
The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective

Author: Hélène Ragheboom

Publisher: BRILL

Published: 2017-07-03

Total Pages: 698

ISBN-13: 9004317422

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In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.

Good Administration and the Council of Europe
Good Administration and the Council of Europe

Author: Ulrich Stelkens

Publisher: Oxford University Press

Published: 2020-09-11

Total Pages: 1183

ISBN-13: 0192605941

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Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.

International Approaches to Governing Ethnic Diversity
International Approaches to Governing Ethnic Diversity

Author: Jane Boulden

Publisher: OUP Oxford

Published: 2015-02-12

Total Pages: 337

ISBN-13: 0191664294

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One of the most remarkable features of the post-Cold War period has been the upsurge of international involvement in questions of ethnic diversity. From the United Nations and the European Court of Human Rights to diverse international philanthropic and advocacy organizations, a wide range of international actors have adopted policies and principles for addressing questions of ethnic rights, identity, and conflict. International Approaches to Governing Ethnic Diversity explores whether and how these international actors contribute to the peaceful and democratic governance of ethnic diversity. It focuses on two broad areas of international work: the evolution of international legal norms regarding the rights of minorities and indigenous peoples, and international approaches to conflict and post-conflict development. The book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity, and exploring their often contradictory roles and impacts. Most international actors come to questions of ethnic diversity indirectly and reluctantly, on the basis of widely varying mandates many of which were established to fulfill other objectives.They naturally therefore have different priorities and perspectives. And yet, the book identifies a striking convergence amongst international actors around discourses of diversity and equality, demonstrating the existence of an epistemic community where actors work within common vocabularies, discourses and principles that attempt to link human rights, pluralism, development and peace.