1. Introduction.- 2. Historical and Comparative Perspectives.- 3. Methodological Issues.- 4. The Various Components of ECHR Article 6(1).- 5. Fundamental Aspects of the 'Fair Hearing' Right.- 6. The 'Response' Issue.- 7. The 'Oral Hearing' Issue.- 8. The 'Personal Participation' Issue.- 9. The 'Evidence' Issue.- 10. The 'Legal Aid' Issue.- 11. Conclusion.
This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. Concretising these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is and ought to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture, to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.
Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character.
Описание: The Article 6 fair trial rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. This book provides an innovative and critical analysis of Strasbourg`s Article 6 case law.
Автор: Asian Development Bank Название: Decoding article 6 of the paris agreement ISBN: 9292611607 ISBN-13(EAN): 9789292611606 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3135.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The new framework for cooperative approaches and mechanisms under Article 6 of the Paris Agreement charts a path for the resurgence of carbon markets. However, the modalities, rules, and guidance are yet to be fully elaborated.Article 6 is a key part of the Paris Agreement. It allows Parties to voluntarily cooperate to meet their Nationally Determined Contributions, providing for international transfers of mitigation outcomes, a new mechanism for mitigation and sustainable development, and non-market approaches. Article 6 establishes the foundation for a post 2020 carbon market, but there are still many complex issues to be discussed and decided among Parties to finalize the Paris Agreement rulebook by the end of 2018. This publication examines the options for establishing guidance, rules, and modalities for the key elements of Article 6, decoding issues such as internationally transferred mitigation outcomes, environmental integrity, double counting and corresponding adjustments.
Автор: Ruys Название: `Armed Attack` and Article 51 of the UN Charter ISBN: 1107685338 ISBN-13(EAN): 9781107685338 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Tom Ruys examines to what extent the right of self-defence permits States to engage in military operations against State and non-State actors in light of the developments since 9/11 and the interventions in Afghanistan and Iraq. The occurrence of an `armed attack` is a particular focus.
Описание: This book analyses Article 3 of the UN Convention on the Rights of the Child, recognising the child`s best interests as a primary consideration, and its implementation around the world. It will appeal to policymakers, legislators, lawyers, children`s services personnel, and academics and students of law, humanities and the social sciences.
Описание: The Article 6 fair trial rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. This book provides an innovative and critical analysis of Strasbourg`s Article 6 case law.
Автор: Buyse Название: Transitional Jurisprudence and the ECHR ISBN: 1107635985 ISBN-13(EAN): 9781107635982 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Through expert analysis of human rights cases concerning societies in transition (addressing, for example, issues of property restitution, political freedoms and equality guarantees), this study of regional human rights courts in Europe, the Americas and Africa offers new insights into transitional justice and the interplay of law and politics.
Описание: Founded by the late Otto Triffterer this leading commentary contains a detailed article-by-article analysis of the Rome Statute of the International Criminal Court (ICC) by eminent legal practitioners and scholars in the field of international criminal law. The commentary explains the content of the various articles in a broader sense, including their drafting history, their impact on International Criminal Law, and their relation to other sources of the ICC such as the Rules of Procedure and Evidence, and the Regulations of the Court and the Prosecution.
The fourth edition has been thoroughly revised, updated and complemented with further resources. It contains up-to-date case law (including a Table of Cases), literature and legislative developments at the ICC in a clearly structured manner, and will continue to provide a useful guide for both practitioners and academics in various capacities.
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