Search Results for "cases-materials-and-commentary-on-the-european-convention-on-human-rights"

Cases, Materials, and Commentary on the European Convention on Human Rights

Cases, Materials, and Commentary on the European Convention on Human Rights

  • Author: Alastair Mowbray
  • Publisher: Oxford University Press
  • ISBN: 0199577366
  • Category: Law
  • Page: 895
  • View: 5319
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This edition provides students with an invaluable guide to the key jurisprudence of the European Court, as well as essential background on the creation of the Convention.

Cases and Materials on the European Convention on Human Rights

Cases and Materials on the European Convention on Human Rights

  • Author: Alastair R. Mowbray
  • Publisher: Oxford University Press, USA
  • ISBN: 9780199206742
  • Category: Law
  • Page: 1058
  • View: 5991
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This second edition provides students with a selection of the leading jurisprudence, together with commentary, on the major rights enshrined in the European Convention of Human Rights. It also examines the creation of the Convention, and the role of the institutions and remedies available at the European level.

Cases, Materials and Commentary on Administrative Law

Cases, Materials and Commentary on Administrative Law

  • Author: S. H. Bailey
  • Publisher: Sweet & Maxwell
  • ISBN: 9780421900707
  • Category: Administrative law
  • Page: 1125
  • View: 5462
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* New edition of the leading casebook on administrative law * Features substantial extracts from leading cases, as well as extracts from relevant statutes, rules, government reports, White Papers, and inquiries * Incorporates developments brought about by the Human Rights Act 1998

Criminal Fair Trial Rights

Criminal Fair Trial Rights

Article 6 of the European Convention on Human Rights

  • Author: Ryan Goss
  • Publisher: Bloomsbury Publishing
  • ISBN: 178225496X
  • Category: Law
  • Page: 248
  • View: 5104
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The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.

The Foundations of International Investment Law

The Foundations of International Investment Law

Bringing Theory into Practice

  • Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
  • Publisher: OUP Oxford
  • ISBN: 0191508586
  • Category: Law
  • Page: 586
  • View: 8402
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

A Practitioner's Guide to the European Convention on Human Rights

A Practitioner's Guide to the European Convention on Human Rights

  • Author: Karen Reid
  • Publisher: Sweet & Maxwell
  • ISBN: 0414042425
  • Category: Convention for the Protection of Human Rights and Fundamental Freedoms
  • Page: 915
  • View: 1498
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This is a practical and detailed reference guide to the procedure for taking a case to the European Court of Human Rights (ECHR). As well as explaining the principles of the European Convention on Human Rights (and its role in UK law), the book provides step-by-step guidance on the practices and procedures involved in bringing a case before the ECHR, ensuring that practitioners have a comprehensive guide to practising in the Court.The new edition will provide an update on the relevant procedures, case law and problem areas, as well as including a clear explanation of the organisation and structure of the ECHR, the latest trends in case sources and topics, and coverage of key provisions and general principles organised by subject area.

The Public International Law Study Guide for Students

The Public International Law Study Guide for Students

Exercises and Answers

  • Author: Cristina Verones,Sébastien Rosselet
  • Publisher: A&C Black
  • ISBN: 1782252142
  • Category: Law
  • Page: 474
  • View: 4776
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A sound understanding of public international law is indispensable for any lawyer, whether working in an international or domestic context. It is therefore important that students have a thorough theoretical understanding of international law issues, and are able to apply the relevant international legal rules to a given set of facts, so as to arrive at a legally coherent conclusion. This practical aspect of learning international law is often neglected in favour of more theoretical aspects - which is where this book comes in. The book offers a series of hypothetical practical cases in public international law, including some of its specialised branches, such as international human rights law and international criminal law. It challenges students to practise and familiarise themselves with the methodology and to write solutions to practical international legal questions. The book is in two parts: part one contains practical (exam-like) questions, while part two contains the solutions. The practical questions in part one are organised by subject, such as treaty law or state responsibility. One chapter is dedicated to more complex 'interconnected' cases, where students are asked to tackle problems which span multiple potential cases and topics. ENDORSEMENT 'An extremely interesting and innovative text that students studying Public International Law should find invaluable.' Associate Professor Joanne Sellick Associate Dean for Teaching and Learning, University of Plymouth

The EU Accession to the ECHR

The EU Accession to the ECHR

  • Author: Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782254471
  • Category: Law
  • Page: 363
  • View: 7955
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Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.

The European Convention on Human Rights and the Employment Relation

The European Convention on Human Rights and the Employment Relation

  • Author: Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
  • Publisher: Bloomsbury Publishing
  • ISBN: 178225210X
  • Category: Law
  • Page: 482
  • View: 8387
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The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

International Human Rights Law

International Human Rights Law

Cases, Materials, Commentary

  • Author: Olivier De Schutter
  • Publisher: Cambridge University Press
  • ISBN: 1107063752
  • Category: Law
  • Page: 1124
  • View: 1643
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Fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.