Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law

Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law
Author :
Publisher : BRILL
Total Pages : 966
Release :
ISBN-10 : 9789004434660
ISBN-13 : 9004434666
Rating : 4/5 (60 Downloads)

Synopsis Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law by : Triestino Mariniello

For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).

Handbook on the European Convention on Human Rights

Handbook on the European Convention on Human Rights
Author :
Publisher : BRILL
Total Pages : 771
Release :
ISBN-10 : 9789004443839
ISBN-13 : 9004443835
Rating : 4/5 (39 Downloads)

Synopsis Handbook on the European Convention on Human Rights by : Mark Eugen Villiger

In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.

The Changing Nature of Customary International Law

The Changing Nature of Customary International Law
Author :
Publisher : Routledge
Total Pages : 215
Release :
ISBN-10 : 9781134067275
ISBN-13 : 1134067275
Rating : 4/5 (75 Downloads)

Synopsis The Changing Nature of Customary International Law by : Noora Arajärvi

This book examines the evolution of customary international law (CIL) as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of CIL in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.

Blasphemy and Freedom of Expression

Blasphemy and Freedom of Expression
Author :
Publisher : Cambridge University Press
Total Pages : 771
Release :
ISBN-10 : 9781108416917
ISBN-13 : 1108416918
Rating : 4/5 (17 Downloads)

Synopsis Blasphemy and Freedom of Expression by : Jeroen Temperman

This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Admissibility of Evidence in EU Cross-Border Criminal Proceedings

Admissibility of Evidence in EU Cross-Border Criminal Proceedings
Author :
Publisher : Bloomsbury Publishing
Total Pages : 217
Release :
ISBN-10 : 9781509972012
ISBN-13 : 1509972013
Rating : 4/5 (12 Downloads)

Synopsis Admissibility of Evidence in EU Cross-Border Criminal Proceedings by : Lorena Bachmaier Winter

This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.

Regional Approaches to the Protection of Asylum Seekers

Regional Approaches to the Protection of Asylum Seekers
Author :
Publisher : Routledge
Total Pages : 408
Release :
ISBN-10 : 9781317069164
ISBN-13 : 1317069161
Rating : 4/5 (64 Downloads)

Synopsis Regional Approaches to the Protection of Asylum Seekers by : Ademola Abass

This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.

The Evolving Protection of Prisoners’ Rights in Europe

The Evolving Protection of Prisoners’ Rights in Europe
Author :
Publisher : Taylor & Francis
Total Pages : 232
Release :
ISBN-10 : 9781000824179
ISBN-13 : 1000824179
Rating : 4/5 (79 Downloads)

Synopsis The Evolving Protection of Prisoners’ Rights in Europe by : Gaëtan Cliquennois

The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

Women, Business and the Law 2020

Women, Business and the Law 2020
Author :
Publisher : World Bank Publications
Total Pages : 215
Release :
ISBN-10 : 9781464815331
ISBN-13 : 146481533X
Rating : 4/5 (31 Downloads)

Synopsis Women, Business and the Law 2020 by : World Bank Group

The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.

The European Court of Human Rights

The European Court of Human Rights
Author :
Publisher : Elements of International Law
Total Pages : 257
Release :
ISBN-10 : 9780198849643
ISBN-13 : 0198849648
Rating : 4/5 (43 Downloads)

Synopsis The European Court of Human Rights by : Angelika Nussberger

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.

Exclusion from Protection as a Refugee

Exclusion from Protection as a Refugee
Author :
Publisher : BRILL
Total Pages : 395
Release :
ISBN-10 : 9789004349742
ISBN-13 : 900434974X
Rating : 4/5 (42 Downloads)

Synopsis Exclusion from Protection as a Refugee by : Yao Li

In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.