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: 6629

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.
Posted in Law

Cases, Materials and Commentary on Administrative Law

Author: S. H. Bailey

Publisher: Sweet & Maxwell

ISBN: 9780421900707

Category: Administrative law

Page: 1125

View: 9243

* 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
Posted in Administrative law

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: 4012

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.
Posted in Convention for the Protection of Human Rights and Fundamental Freedoms

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: 7568

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.
Posted in 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: 8505

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.
Posted in Law

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: 4660

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
Posted in Law

The EU Accession to the ECHR

Author: Vasiliki Kosta,Nikos Skoutaris,Vassilis Tzevelekos

Publisher: Bloomsbury Publishing

ISBN: 1782254471

Category: Law

Page: 363

View: 7689

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.
Posted in Law

European Human Rights Law

Text and Materials

Author: Mark W. Janis,Richard S. Kay,Anthony Wilfred Bradley

Publisher: Oxford University Press, USA

ISBN: 9780199277469

Category: Law

Page: 957

View: 1347

The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.
Posted in Law

The International Covenant on Economic, Social and Cultural Rights

Cases, Materials, and Commentary

Author: Ben Saul,David Kinley,Jaqueline Mowbray

Publisher: Oxford University Press

ISBN: 0199640300

Category: Law

Page: 1092

View: 1999

Economic, social and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework.There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.
Posted in Law

The Law of EU External Relations

Cases, Materials, and Commentary on the EU as an International Legal Actor

Author: Pieter Jan Kuijper,Jan Wouters,Frank Hoffmeister,Geert de Baere,Thomas Ramopoulos

Publisher: Oxford University Press

ISBN: 0199682488

Category: Law

Page: 1092

View: 1960

The EU has established itself as a significant international legal actor. This volume brings together the key primary legal materials relating to the foreign relations powers of the EU and its practices, with editorial commentary. It is an ideal resource for students, scholars, and practitioners in the field.
Posted in Law

International Human Rights Law

Cases, Materials, Commentary

Author: Olivier De Schutter

Publisher: Cambridge University Press

ISBN: 1107063752

Category: Law

Page: 1124

View: 9365

Fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.
Posted in Law

Internationales Strafrecht in der Praxis

Author: Heiko Ahlbrecht

Publisher: C.F. Müller GmbH

ISBN: 9783811443525

Category: Criminal jurisdiction

Page: 565

View: 3266

Posted in Criminal jurisdiction

Cases and Materials on the English Legal System

Author: Michael Zander

Publisher: Cambridge University Press

ISBN: 1139463349

Category: Law

Page: N.A

View: 4951

This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.
Posted in Law

Counter-terrorism and the Detention of Suspected Terrorists

Preventive Detention and International Human Rights Law

Author: Claire Macken

Publisher: Routledge

ISBN: 1136741860

Category: Law

Page: 232

View: 5564

In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of ‘suspected terrorists’ is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the ‘principle of proportionality’; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR.
Posted in Law

Cases and Materials on International Law

Author: Martin Dixon,Professor Robert McCorquodale,Robert McCorquodale,Sarah Williams

Publisher: Oxford University Press

ISBN: 019872764X

Category:

Page: 832

View: 7904

Cases & Materials on International Law is a topical and engaging companion for study, offering broad coverage on public international law and placing disputes directly within the context of contemporary debate. The book contains the essential cases and materials that students need in order to fully understand and analyse the international legal system, drawing on a truly global range of jurisdictions and sources. Expert author commentary and notes place selected extracts within the wider legal framework and explain the complexities of the principles of law to students. The sixth edition includes expanded discussion of developing areas, including UN resolutions on climate change and international environmental law, new material from the International Law Commission, and coverage of major events, such as the annexation of Crimea, the legal context for Scottish independence and the UK's exit from the European Union, and the United Nations Security Council's Resolution on Malaysia Airlines MH17.
Posted in

The Rio Declaration on Environment and Development

A Commentary

Author: Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191510424

Category: Law

Page: 530

View: 9381

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Posted in Law

International Economic Actors and Human Rights

Author: Adam McBeth

Publisher: Routledge

ISBN: 1135245223

Category: Business & Economics

Page: 384

View: 2579

In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor – the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises – and analyses the interaction of each category with human rights, in each case analysing the interaction of the different fields of law and seeking to identify a role for international human rights law. Adam McBeth concludes that each of the selected international economic actors can and should be considered to operate within a holistic system of international law, including human rights obligations, but that changes in the operations and the accountability mechanisms for each actor are necessary for the practical implementation of that approach. While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. International Economic Actors and Human Rights will be of great interest to those studying or working in any field of international economic law, as well as human rights scholars and practitioners.
Posted in Business & Economics