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Author: Julia Schmidt
Publisher: BRILL
Published: 2020-09-07
Total Pages: 358
ISBN-13: 900435607X
DOWNLOAD EBOOKIn The European Union and the Use of Force Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the legal framework for the EU’s military crisis management operations.
Author: Karen da Costa
Publisher: Martinus Nijhoff Publishers
Published: 2012-10-12
Total Pages: 334
ISBN-13: 9004227180
DOWNLOAD EBOOKIn recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.
Author: Stuart Wallace
Publisher: Cambridge University Press
Published: 2019-04-11
Total Pages: 277
ISBN-13: 1108475183
DOWNLOAD EBOOKAn analysis of how the European Convention on Human Rights applies to military operations.
Author: Steven Greer
Publisher: Cambridge University Press
Published: 2006-11-30
Total Pages: 33
ISBN-13: 1139461966
DOWNLOAD EBOOKThis 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.
Author: William A. Schabas
Publisher: Oxford University Press
Published: 2015-09-24
Total Pages: 1433
ISBN-13: 019106677X
DOWNLOAD EBOOKThe European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Author: Marko Milanovic
Publisher: Oxford University Press
Published: 2011-07-14
Total Pages: 301
ISBN-13: 0199696209
DOWNLOAD EBOOKExpanded version of author's thesis (doctoral)--University of Cambridge, 2010.
Author: Peter Kempees
Publisher: International Studies in Human
Published: 2020-11-19
Total Pages: 415
ISBN-13: 9789004425637
DOWNLOAD EBOOKThe European Convention on Human Rights is now crucial to decisions to be taken by the military and their political leaders in 'hard power' situations - that is, classical international and non-international armed conflict, belligerent occupation, peacekeeping and peace-enforcing and anti-terrorism and anti-piracy operations, but also hybrid warfare, cyber-attack and targeted assassination. Guidance is needed, therefore, on how Convention law relates to these decisions.0That guidance is precisely what this book aims to offer. It focuses primarily on States' accountability under the Convention, but also shows that human rights law, used creatively, can actually help States achieve their objectives.
Author: Stuart Wallace
Publisher:
Published: 2015
Total Pages: 440
ISBN-13:
DOWNLOAD EBOOKAuthor: Lisa McIntosh Sundstrom
Publisher: Oxford University Press
Published: 2019-02-01
Total Pages: 424
ISBN-13: 0190932856
DOWNLOAD EBOOKWomen and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Author: Jeremy McBride
Publisher: Council of Europe
Published: 2018-06-18
Total Pages: 529
ISBN-13: 928718741X
DOWNLOAD EBOOKA practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
