Consensus Based Interpretation Of Regional Human Rights Treaties
Download Consensus Based Interpretation Of Regional Human Rights Treaties full books in PDF, epub, and Kindle. Read online free Consensus Based Interpretation Of Regional Human Rights Treaties ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Francisco Pascual-Vives |
Publisher | : BRILL |
Total Pages | : 308 |
Release | : 2019-07-22 |
Genre | : Law |
ISBN | : 9004375511 |
In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.
Author | : Duncan B. Hollis |
Publisher | : |
Total Pages | : 897 |
Release | : 2020 |
Genre | : Law |
ISBN | : 019884834X |
This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take.
Author | : Mark Eugen Villiger |
Publisher | : BRILL |
Total Pages | : 771 |
Release | : 2022-12-05 |
Genre | : Law |
ISBN | : 9004443835 |
In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.
Author | : Leena Grover |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2012-04-16 |
Genre | : Law |
ISBN | : 1107006546 |
An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.
Author | : Maria Sjöholm |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 775 |
Release | : 2017-09-25 |
Genre | : Law |
ISBN | : 9004343571 |
In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.
Author | : Fanny Pulver |
Publisher | : buch & netz |
Total Pages | : 320 |
Release | : 2022-08-11 |
Genre | : Law |
ISBN | : 303805500X |
Corporations have become powerful actors exerting increasing influence on society and the living conditions of individuals worldwide, including indigenous peoples. While it is recognized that corporations have a responsibility to respect indigenous peoples’ rights and the important safeguard concept of free, prior and informed consent (FPIC), it is rather unclear what such a corporate responsibility entails from a legal perspective. This doctoral thesis thoroughly analyses the regulatory framework pertaining to indigenous peoples and corporations as well as the ‘case law’ of the OECD National Contact Points (NCPs). Based on this analysis, the thesis identifies currently applied features of indigenous peoples’ rights and FPIC in relation to corporate actors, determines shortcomings in the regulatory framework and the ‘jurisprudence’ of the NCPs, and makes suggestions for possible improvements.
Author | : Fernando Lusa Bordin |
Publisher | : Cambridge University Press |
Total Pages | : 337 |
Release | : 2022-11-03 |
Genre | : Law |
ISBN | : 1108832970 |
The book offers a systematic discussion of the facets of the relationship between the European Union and customary international law.
Author | : Panos Merkouris |
Publisher | : Cambridge University Press |
Total Pages | : 647 |
Release | : 2022-05-26 |
Genre | : Law |
ISBN | : 131651689X |
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author | : Catharine Titi |
Publisher | : Oxford University Press |
Total Pages | : 224 |
Release | : 2021-06-11 |
Genre | : Law |
ISBN | : 0192638270 |
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Author | : Eirik Bjørge |
Publisher | : |
Total Pages | : 241 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198716141 |
If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.