The European Convention of Human Rights Regime

The European Convention of Human Rights Regime
Author: Dia Anagnostou
Publisher: Taylor & Francis
Total Pages: 241
Release: 2022-10-27
Genre: Law
ISBN: 1000688682

Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.

The Right of an Alien to be Protected against Arbitrary Expulsion in International Law

The Right of an Alien to be Protected against Arbitrary Expulsion in International Law
Author: Julia Wojnowska-Radzińska
Publisher: Hotei Publishing
Total Pages: 244
Release: 2015-03-20
Genre: Law
ISBN: 9004265449

In The Right of an Alien to be Protected against Arbitrary Expulsion in International Law Julia Wojnowska-Radzińska offers a comprehensive legal study of international legal obligations of States for the protection of aliens lawfully residing against arbitrary expulsion. It also provides practical information on administrative proceedings, legal remedies and procedural rights aliens exercise. The book aims at answering a fundamental question how to strike a balance between the inherent right of a State to expel an alien and the rights the latter is entitled to. The reader will therefore be given a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.

Human Rights Protection for Refugees, Asylum-Seekers, and Internally Displaced Persons: A Guide to International Mechanisms and Procedures

Human Rights Protection for Refugees, Asylum-Seekers, and Internally Displaced Persons: A Guide to International Mechanisms and Procedures
Author: Joan Fitzpatrick
Publisher: BRILL
Total Pages: 700
Release: 2021-11-22
Genre: Law
ISBN: 9004480579

This volume provides a detailed and concrete analysis of how human rights complaints mechanisms can be accessed by refugees, asylum-seekers, and internally displaced persons. The guide offers a thorough explanation of the United Nations human rights treaty bodies, with a focus upon the four committees authorized to receive communications from individuals. Detailed information is provided concerning procedural requirements, while the treaties are analyzed for their relevance to the forcibly displaced. United Nations mechanisms are also examined, with an emphasis on the thematic and country special procedures of the Commission on Human Rights. Published under the auspices of the Procedual Aspects of International Law Institute (PAIL). For more information about PAIL please go to pail-institute.org . Published under the Transnational Publishers imprint.

The Global Reach of European Refugee Law

The Global Reach of European Refugee Law
Author: Hélène Lambert
Publisher: Cambridge University Press
Total Pages: 341
Release: 2013-09-05
Genre: Law
ISBN: 1107435714

Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.

International Humanitarian Law and Human Rights Law

International Humanitarian Law and Human Rights Law
Author: Roberta Arnold
Publisher: BRILL
Total Pages: 608
Release: 2008
Genre: Political Science
ISBN: 9004163174

Drawing upon previous theories on the relationship between human rights law and international humanitarian law, this book examines on the basis of a series of individual case-studies the new theoretical trend arguing for a merge of these two sets of norms.

The Position of Aliens in Relation to the European Convention on Human Rights

The Position of Aliens in Relation to the European Convention on Human Rights
Author: Hélène Lambert
Publisher: Council of Europe
Total Pages: 72
Release: 2001-01-01
Genre: Political Science
ISBN: 9287146187

This study examines the standards of treatment afforded to aliens under the European Convention on Human Rights and examines the concept of alienage under specific provisions of the Convention as well as in Strasbourg's case-law.

International Law and International Relations

International Law and International Relations
Author: David Armstrong
Publisher: Cambridge University Press
Total Pages: 365
Release: 2012-03-08
Genre: Law
ISBN: 110701106X

This fully updated and revised edition explores the evolution, nature and function of international law in world politics.

European Social Charter

European Social Charter
Author: European Committee of Social Rights
Publisher: Council of Europe
Total Pages: 336
Release: 2001-01-01
Genre: Political Science
ISBN: 9789287145543