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| Author | : J. G. Merrills |
| Publisher | : Manchester University Press |
| Total Pages | : 354 |
| Release | : 1993 |
| Genre | : Civil rights |
| ISBN | : 9780719045608 |
The rule of law.
| Author | : Theodor Meron |
| Publisher | : |
| Total Pages | : 30 |
| Release | : 2000 |
| Genre | : Law |
| ISBN | : |
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.
| Author | : Norman Weiß |
| Publisher | : Springer |
| Total Pages | : 246 |
| Release | : 2015-02-25 |
| Genre | : Law |
| ISBN | : 3319120212 |
This volume discusses the impact of human rights law on other fields of international law. Does international human rights law modify other fields of international law? Contributions focus on possible spillover effects of human rights on international economic or international criminal law. Does international human rights law have a streamlining effect on international law as a whole? This might be identified as a process of constitutionalisation. In this book, human rights can be understood as one of the core principles of international legal order and thus have an effect on the general law of treaties or on the settlement of disputes. Although human rights law is a relatively young field of international law, its content and core values today are of major importance for the interpretation of international law as a whole. As we witness a redefinition of sovereignty as a responsibility of states towards the people and a shift to greater relevance of the individual in international law in general, it is a logical consequence that human rights have an impact on other areas of international law.
| Author | : Malgosia Fitzmaurice |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 303 |
| Release | : 2012-11-30 |
| Genre | : Law |
| ISBN | : 900424283X |
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.
| Author | : Louwrens R. Kiestra |
| Publisher | : Springer |
| Total Pages | : 335 |
| Release | : 2014-09-11 |
| Genre | : Law |
| ISBN | : 9462650322 |
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.
| Author | : Nanette A. Neuwahl |
| Publisher | : BRILL |
| Total Pages | : 351 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004482423 |
| Author | : Anne van Aaken |
| Publisher | : Oxford University Press |
| Total Pages | : 388 |
| Release | : 2018-10-03 |
| Genre | : Law |
| ISBN | : 0192565540 |
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.
| Author | : Bertie G. Ramcharan |
| Publisher | : BRILL |
| Total Pages | : 383 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004482296 |
| Author | : Clovis C. Morrisson |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 190 |
| Release | : 1981-08-31 |
| Genre | : Political Science |
| ISBN | : 9024725461 |
On the Commission and the Court.
| Author | : Anna-Lena Svensson-McCarthy |
| Publisher | : BRILL |
| Total Pages | : 808 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004479317 |
This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.
