Collected Edition Of The Travaux Preparatoires
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Author | : Council of Europe |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 318 |
Release | : 1985-12-01 |
Genre | : Political Science |
ISBN | : 9024722306 |
Author | : Council of Europe |
Publisher | : |
Total Pages | : 366 |
Release | : 1975 |
Genre | : Civil rights |
ISBN | : |
Author | : Council of Europe |
Publisher | : |
Total Pages | : 366 |
Release | : 1975 |
Genre | : Civil rights |
ISBN | : |
Author | : Council of Europe |
Publisher | : |
Total Pages | : 394 |
Release | : 1975 |
Genre | : Civil rights |
ISBN | : |
Author | : Ryan Goss |
Publisher | : Bloomsbury Publishing |
Total Pages | : 395 |
Release | : 2014-09-11 |
Genre | : Law |
ISBN | : 178225496X |
The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.
Author | : Council of Europe |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 358 |
Release | : 1976-08 |
Genre | : Political Science |
ISBN | : 9024718198 |
Author | : Arman Sarvarian |
Publisher | : OUP Oxford |
Total Pages | : 333 |
Release | : 2013-09-26 |
Genre | : Law |
ISBN | : 0191668826 |
Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.
Author | : William Schabas |
Publisher | : Cambridge University Press |
Total Pages | : 512 |
Release | : 2002-09-05 |
Genre | : Law |
ISBN | : 9780521893442 |
This is the 2002 third edition of William A. Schabas's highly praised study of the abolition of the death penalty in international law. Extensively revised to take account of developments in the field since publication of the second edition in 1997, the book details the progress of the international community away from the use of capital punishment, discussing in detail the abolition of the death penalty within the United Nations human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters in the third edition address capital punishment in African human rights law and in international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. The Abolition of the Death Penalty in International Law is introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.
Author | : Michelle Coleman |
Publisher | : Routledge |
Total Pages | : 148 |
Release | : 2021-03-03 |
Genre | : Law |
ISBN | : 1000352331 |
This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Author | : Oddný Mjöll Arnadóttir |
Publisher | : BRILL |
Total Pages | : 283 |
Release | : 2021-10-18 |
Genre | : Law |
ISBN | : 9004481532 |
The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.