The Development of International Law by the European Court of Human Rights
Author | : J. G. Merrills |
Publisher | : Manchester University Press |
Total Pages | : 354 |
Release | : 1993 |
Genre | : Law |
ISBN | : 9780719045608 |
The rule of law.
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Author | : J. G. Merrills |
Publisher | : Manchester University Press |
Total Pages | : 354 |
Release | : 1993 |
Genre | : Law |
ISBN | : 9780719045608 |
The rule of law.
Author | : J. G. Merrills |
Publisher | : Manchester University Press |
Total Pages | : 294 |
Release | : 1988 |
Genre | : Political Science |
ISBN | : 9780719026652 |
Author | : Angelika Nussberger |
Publisher | : Elements of International Law |
Total Pages | : 257 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198849648 |
Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.
Author | : Anne van Aaken |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2018-09-20 |
Genre | : Law |
ISBN | : 0192565532 |
The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.
Author | : Helmut P. Aust |
Publisher | : Edward Elgar Publishing |
Total Pages | : 296 |
Release | : 2021-04-30 |
Genre | : Law |
ISBN | : 1839108347 |
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Author | : Ed Bates |
Publisher | : Oxford University Press |
Total Pages | : 609 |
Release | : 2010-12-23 |
Genre | : Law |
ISBN | : 0199207992 |
The European Convention on Human Rights is probably the most effective system of international human rights control created. This book examines the story of the evolution of the Convention over its first 50 years. It explains how the Convention system grew up and how it came to exert such an important influence on the States which subscribe to it.
Author | : Alastair Mowbray |
Publisher | : Bloomsbury Publishing |
Total Pages | : 256 |
Release | : 2004-01-30 |
Genre | : Law |
ISBN | : 1847311938 |
During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
Author | : Nanette A. Neuwahl |
Publisher | : BRILL |
Total Pages | : 351 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482423 |
Author | : Martti Koskenniemi |
Publisher | : Routledge |
Total Pages | : 575 |
Release | : 2017-07-05 |
Genre | : Law |
ISBN | : 1351548166 |
A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.