Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.
Описание: This seminal text offers a comprehensive account of the case law of the ECHR and its underlying principles. It provides an accessible guide to decisions under the Convention and its protocols, article by article, as well as explaining the history and likely development of the law.
Описание: Offers scholars and practitioners the most comprehensive account on the question of reparation before a human rights court and provides a knowledgeable insight and interpretation into the decision-making practices.
Автор: Harris, David; O`Boyle, Michael; Bates, Edward; Bu Название: Law of the European Convention on Human Rights ISBN: 0406905940 ISBN-13(EAN): 9780406905949 Издательство: Oxford Academ Рейтинг: Цена: 6176.00 р. Наличие на складе: Поставка под заказ.
Описание: This seminal text offers a comprehensive account of the Strasbourg case law and its underlying principles. It provides an accessible guide to decisions under the Convention and its protocols, article by article, as well as explaining the history and likely development of the law.
Автор: Steven Greer Название: The European Convention on Human Rights ISBN: 0521608597 ISBN-13(EAN): 9780521608596 Издательство: Cambridge Academ Рейтинг: Цена: 7286.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book critically appraises the European Convention on Human Rights at a time of considerable change. It argues that the Convention`s core functions have subtly changed, particularly since the ending of the Cold War. The implications of this are fully explored and a coherent set of policy proposals offered.
Описание: In the practice of modern international law, disputes as to the meaning of specific treaty provisions are a frequent occurrence. It is the assumption underlying any such dispute that in a process of interpretation a distinction has to be made between the legally correct and incorrect interpretation result. The legal correctness of an interpretation result is determined by reference to the relevant international law, as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT), Articles 31-33. The result of an interpretation process is correct when it can be successfully defended as being in accordance with the provisions of VCLT Articles 31-33. The result is incorrect when it cannot be so defended.Traditionally, the substance of Articles 31-33 has been described by reference to the various means of interpretation enumerated in said provisions, and little more than that. As argued in this book, more detail is required. On closer inspection, not only does the Vienna Convention provide information on the interpretation data (or means of interpretation) to be used by appliers when interpreting a treaty provision. It also instructs the appliers how, by using each datum, they shall argue to arrive at a conclusion about the meaning of the interpreted provision; and, to some extent, it determines the weight that different data of interpretation shall be afforded when appliers discover that, depending on the specific datum they bring to bear on the interpretation process, the conclusion arrived at will be different. Hence, the regime laid down in VCLT Articles 31-33 will have to be described as a system of rules.
Автор: Costello Cathryn Название: Human Rights of Migrants and Refugees in European Law ISBN: 0199644748 ISBN-13(EAN): 9780199644742 Издательство: Oxford Academ Рейтинг: Цена: 16236.00 р. Наличие на складе: Поставка под заказ.
Описание: A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Автор: Ovey, Clare; White, Robin Название: Jacobs and White: The European Convention on Human Rights ISBN: 0199288100 ISBN-13(EAN): 9780199288106 Издательство: Oxford Academ Рейтинг: Цена: 5542.00 р. Наличие на складе: Поставка под заказ.
Описание: The European Convention on Human Rights protects human rights in nearly fifty European countries. If States fail to meet the standards required by the Convention, victims of violations can complain to the Strasbourg Court of Human Rights. This book examines both the substance and procedure under the Convention.
Описание: How does the ECtHR in Strasbourg interpret the European Convention on Human Rights? This book analyses one of the tools of interpretation: European consensus. It explores whether the Court has legitimacy when it broadens the scope of human rights and uses interviews from judges to reveal unique insights and information.
Описание: A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Автор: Brems Название: Diversity and European Human Rights ISBN: 1107538041 ISBN-13(EAN): 9781107538047 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Through redrafting the judgments of the European Court of Human Rights, international scholars demonstrate how these judgments could improve the mainstreaming of diversity. Considering six groups - women, children, LGB persons, ethnic and religious minorities, and persons with disabilities - this book demonstrates how academic analysis can translate into judicial practice.
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