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The Impact of the European Convention on Human Rights on Private International Law

The Impact of the European Convention on Human Rights on Private International Law
Author: Louwrens R. Kiestra
Publisher: Springer
Total Pages: 335
Release: 2014-09-11
Genre: Law
ISBN: 9462650322

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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.


The Impact of the European Convention on Human Rights on Private International Law

The Impact of the European Convention on Human Rights on Private International Law
Author: Louwrens Rienk Kiestra
Publisher: T.M.C. Asser Press
Total Pages: 329
Release: 2014-10-09
Genre: Law
ISBN: 9789462650336

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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.


The European Union and Human Rights

The European Union and Human Rights
Author: Nanette A. Neuwahl
Publisher: BRILL
Total Pages: 351
Release: 2021-09-27
Genre: Law
ISBN: 9004482423

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The Interpretation and Application of the European Convention of Human Rights

The Interpretation and Application of the European Convention of Human Rights
Author: Malgosia Fitzmaurice
Publisher: Martinus Nijhoff Publishers
Total Pages: 303
Release: 2012-11-30
Genre: Law
ISBN: 900424283X

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In The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, the aim is to offer a two-pronged approach on the effect that the ECHR has in the field of human rights as well as in other areas of international law. The first part explores general and theoretical aspects of the application of the ECHR, such as provisional apllication, norm-conflict resolution, the interplay between human rights and occupation law. The second Part, building on the research and conclusions of the first Part, examines the amphidromous relationship of the ECHR with other areas of law. Since no branch of international law exists in "clinical isolation", this Part analyses the effects that the ECHR has on and is recipient of, from a variety of diverse areas of law such as law of the sea, investment law and rights of indigenous peoples.


Impact of the European Convention on Human Rights in states parties

Impact of the European Convention on Human Rights in states parties
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 108
Release: 2016-11-01
Genre: Political Science
ISBN: 9287183848

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What positive impact has the European Convention on Human Rights had upon states parties to the Convention? The examples presented in this publication show that the effects of the Convention and its case law extend to all areas of life. They include, but are not limited to, individuals’ access to justice, the prohibition of discrimination, property rights, family law issues such as custody rights, the prevention and punishment of acts of torture, the protection of victims of domestic violence, the privacy of individuals in their correspondence and sexual relations, and the protection of religious freedoms and freedoms of expression and association. This publication contains selected examples from all 47 states parties to the Convention that illustrate how the protection of human rights and fundamental freedoms has been strengthened at the domestic level thanks to the Convention and the Strasbourg Court’s case law.


The European Convention on Human Rights and Its Impact on National Private Law

The European Convention on Human Rights and Its Impact on National Private Law
Author: Matteo Fornasier
Publisher:
Total Pages: 0
Release: 2023-06-15
Genre:
ISBN: 9781839703423

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The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.


The Implications of the European Convention on Human Rights for the Development of Public International Law

The Implications of the European Convention on Human Rights for the Development of Public International Law
Author: Theodor Meron
Publisher:
Total Pages: 30
Release: 2000
Genre: Law
ISBN:

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This document was prepared as a discussion paper for a meeting of the Ad Hoc Committee of Legal Advisers on Public International Law held in Berlin 13-14 March 2000. The paper concludes that although it is still early to reach definitive conclusions about the impact of the European Convention on Human Rights (ECHR) on general international law, it is already clear that the impact is significant, not just on human rights systems but also in other areas.


Human Rights in the Private Sphere

Human Rights in the Private Sphere
Author: Andrew Clapham
Publisher: Oxford University Press on Demand
Total Pages: 385
Release: 1996
Genre: Political Science
ISBN: 9780198764311

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This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.


The European Convention on Human Rights and General International Law

The European Convention on Human Rights and General International Law
Author: Anne van Aaken
Publisher: Oxford University Press
Total Pages: 388
Release: 2018-10-03
Genre: Law
ISBN: 0192565540

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The European Court of Human Rights is one of the main players in interpreting international human rights law where issues of general international law arise. While developing its own jurisprudence for the protection of human rights in the European context, it remains embedded in the developments of general international law. However, because the Court does not always follow general international law closely and develops its own doctrines, which are, in turn, influential for national courts as well as other international courts and tribunals, a feedback loop of influence occurs. This book explores the interaction, including the problems arising in the context of human rights, between the European Convention on Human Rights and general international law. It contributes to ongoing debates on the fragmentation and convergence of international law from the perspective of international judges as well as academics. Some of the chapters suggest reconciling methods and convergence while others stress the danger of fragmentation. The focus is on specific topics which have posed special problems, namely sources, interpretation, jurisdiction, state responsibility and immunity.