Protocol No. 14 and the Reform of the European Court of Human Rights
Author: Wouter Vandenhole
Publisher: Intersentia nv
Published: 2005
Total Pages: 166
ISBN-13: 9050954618
DOWNLOAD EBOOKChapter V. Execution of judgments.
Posts
Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby
Author: Council of Europe
Publisher: Council of Europe
Published: 1994-01-01
Total Pages: 32
ISBN-13: 9789287125132
DOWNLOAD EBOOKEssential Cases on Human Rights for the Police
Author: Ralph Crawshaw
Publisher: BRILL
Published: 2006-09-01
Total Pages: 687
ISBN-13: 9047418522
DOWNLOAD EBOOKThe purpose of this book is to review and summarize international cases identified as being essential for the police. The cases embody the jurisprudence of courts and bodies established under international law to secure compliance with international human rights and humanitarian standards, and they are essential for the police, and anyone seeking to understand the theory and practice of policing, because they have a direct bearing on the exercise of police powers and the performance of police functions. Part I provides a general introduction; Parts II and III concern police powers and respect for human rights, and police functions and protection of human rights. Part IV deals with police behaviour in times of armed conflict, disturbance and tension. Introductions to the parts and their respective chapters outline scope and contents.
The Raoul Wallenberg Institute Compilation of Human Rights Instruments
Author: Göran Melander
Publisher: Martinus Nijhoff Publishers
Published: 2012-05-07
Total Pages: 860
ISBN-13: 9004226060
DOWNLOAD EBOOKIn 1997, this title was published by Martinus Nijhoff Publishers as the first volume in the series ' The Raoul Wallenbrg Institute Human Rights Library'. In 2004, the second edition of the compilation was published, and the present publication is the third, revised edition of the book.
Proportionality in EU Digital Law
Author: Jan Czarnocki
Publisher: Bloomsbury Publishing
Published: 2024-10-03
Total Pages: 351
ISBN-13: 1509974520
DOWNLOAD EBOOKThis book addresses the interplay between the proportionality principle and EU digital law. Does EU digital law provide a fair balance of rights and interests? How does proportionality limit legislation in the digital economy? How can it be used to balance competing rights and interests? Diving into the dialectics of law and technology, the book analyses the relevance of the proportionality principle in regulating the digital world and as a vital tool for balancing competing rights and interests. The chapters analyse how conflicting rights and interests are resolved in EU digital law through the proportionality principle and critically reflect on its application. They scrutinise recent EU regulatory initiatives such as the GDPR, AI Act, Copyright Directive, DSA, and more. They reflect on the unique context of AI systems regulation, digital marketing, and data protection, illuminating the application and impact of proportionality in these arenas. Providing an in-depth examination of legal actors and real-life conflicts resolved by applying EU digital law, the book explains the pivotal role of the principle of proportionality in achieving an optimal balance of rights in our digital era.
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
Author: Hao Duy Phan
Publisher: Martinus Nijhoff Publishers
Published: 2012-02-03
Total Pages: 288
ISBN-13: 9004222170
DOWNLOAD EBOOKThis book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection. This book suggests a selective approach to establish a human rights court for Southeast Asia. It posits that a group of nations within Southeast Asia may be more willing to consider the possibility of a stronger human rights mechanism. It investigates the challenges to and the feasibility of such a proposal. Furthermore, it examines the design of the three existing regional human rights courts in Europe, the Americas, and Africa, and compares the rationales for those institutional designs with the specific context of Southeast Asia. A human rights court for all ASEAN members may not be possible at this time, but a court for some nations in the region is feasible and worth exploring. The path towards this goal is never an easy one; however, the region possesses the necessary conditions to gradually translate that goal into reality.
Harold in Italien
Author: Jörg Polakiewicz
Publisher: Council of Europe
Published: 1999-01-01
Total Pages: 224
ISBN-13: 9789287138996
DOWNLOAD EBOOKAnalyzes procedures for treaty-making & treaty application in the Council of Europe
Saving the International Justice Regime
Author: Courtney Hillebrecht
Publisher: Cambridge University Press
Published: 2021-09-30
Total Pages: 255
ISBN-13: 1009059556
DOWNLOAD EBOOKWhile resistance to international courts is not new, what is new, or at least newly conceptualized, is the politics of backlash against these institutions. Saving the International Justice Regime: Beyond Backlash against International Courts is at the forefront of this new conceptualization of backlash politics. It brings together theories, concepts and methods from the fields of international law, international relations, human rights and political science and case studies from around the globe to pose - and answer - three questions related to backlash against international courts: What is backlash and what forms does it take? Why do states and elites engage in backlash against international human rights and criminal courts? What can stakeholders and supporters of international justice do to meet these contemporary challenges?
Negotiating Asylum
Author: Gregor Noll
Publisher: BRILL
Published: 2021-03-22
Total Pages: 667
ISBN-13: 900446154X
DOWNLOAD EBOOKHow is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.
Making Treaties Work
Author: Geir Ulfstein
Publisher: Cambridge University Press
Published: 2007-04-12
Total Pages: 36
ISBN-13: 1139464817
DOWNLOAD EBOOKThere is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.
