The European Convention On Human Rights As An Instrument Of Tort Law
Download The European Convention On Human Rights As An Instrument Of Tort Law full books in PDF, epub, and Kindle. Read online free The European Convention On Human Rights As An Instrument Of Tort Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Stefan Somers |
Publisher | : |
Total Pages | : 0 |
Release | : 2018 |
Genre | : Convention for the Protection of Human Rights and Fundamental Freedoms |
ISBN | : 9781780686837 |
This book provides a detailed examination of the European Court of Human Rights' practice to award compensation under Article 41 of the European Convention on Human Rights and its consequences.
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 | : Jeremy McBride |
Publisher | : Council of Europe |
Total Pages | : 529 |
Release | : 2018-06-18 |
Genre | : Political Science |
ISBN | : 928718741X |
A 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.
Author | : Başak Çalı |
Publisher | : Oxford University Press |
Total Pages | : 272 |
Release | : 2021-02-25 |
Genre | : Law |
ISBN | : 0192648268 |
This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
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 | : Geranne Lautenbach |
Publisher | : Oxford University Press, USA |
Total Pages | : 273 |
Release | : 2013-11 |
Genre | : Law |
ISBN | : 0199671192 |
1: Introduction 2: The Rule of Law Concept 3: Legality as a Concept in the Case Law 4: Judicial Safeguards 5: The Substantive Contents of Law 6: Democracy 7: Conclusion.
Author | : Evelyn A. Ankumah |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Criminal courts |
ISBN | : 9781780684178 |
While the ICC can be said to contribute to criminal justice in Africa, it cannot be denied that the relationship between the Court and the continent has been troublesome. The ICC has been accused of targeting Africa, and many African states do not seem willing to cooperate with the Court. Debates on Africa and international criminal justice are increasingly politicised.
Author | : Vladislava Stoyanova |
Publisher | : Oxford University Press |
Total Pages | : 353 |
Release | : 2023-09-05 |
Genre | : Political Science |
ISBN | : 0192888048 |
It is beyond question that States have positive obligations under the European Convention on Human Rights (ECHR) to prevent harm. A State can be found in breach of the ECHR when it should have protected persons from harm or risk. However, given the difficulties of determining and delimiting the role of the State, the conditions under which positive obligations may apply have been unclear. The search for balance between intrusion and restraint by the State - between protection and freedom from interference - further complicates questions of state responsibility. Vladislava Stoyanova directly addresses these challenges in Positive Obligations under the European Convention on Human Rights. By systematising the case law of the European Court of Human Rights, the book provides key insights into the elements crucial for ascertaining state responsibility for omissions - state knowledge, causation, and reasonableness. It outlines different kinds of positive human rights obligations and identifies the circumstances under which they can be breached. Stoyanova reflects upon what is at stake for political communities when the triggering, content, and scope of positive obligations has been determined. She offers serious evaluation of the dangers of ECHR obligations whose scope might be too expansive or intrusive, as well as the conceptual hurdles of applying positive human rights obligations extraterritorially. The definitive resource on ECHR positive obligations, this book is essential reading for academics, legal practitioners, and policymakers working across the diverse fields in which positive human rights obligations may apply. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Author | : Council of Europe |
Publisher | : Council of Europe |
Total Pages | : 26 |
Release | : 1985-01-01 |
Genre | : Political Science |
ISBN | : 9789287107596 |
Author | : Attila Fenyves |
Publisher | : Walter de Gruyter |
Total Pages | : 933 |
Release | : 2011-11-30 |
Genre | : Law |
ISBN | : 311026000X |
The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court’s judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real ‘just’ satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.