The European Court of Human Rights Between Law and Politics PDF Download

Author: Jonas Christoffersen
Publisher: Oxford University Press
ISBN: 0199694494
Category : Law
Languages : en
Pages : 255

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Book Description
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.

Author: Christopher Selbach
Publisher: GRIN Verlag
ISBN: 3638771474
Category :
Languages : en
Pages : 29

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Book Description
Essay from the year 2001 in the subject Politics - International Politics - Topic: International Organisations, grade: 1.3 (A), University of Leeds (POLIS), 30 entries in the bibliography, language: English, abstract: Europe has got a long tradition of human rights. Actually, the idea of "the inherent dignity and of the equal and inalienable rights of all members of the human family" as laid down in the Universal Declaration of Human Rights of the United Nations is said to have its historic origins in ancient Greek philosophy and Roman law. The first official declarations of human rights, starting with the English Bill of Rights of 1688, all stand in this tradition. Hence, it is not far-fetched when Europeans see themselves as defenders of human rights principles on the international scene. Especially the European Union′s self-perception has moved in this direction. With the end of the Cold War, the right time seems to have come for politics that increasingly take into account, defend and even fight for such values: the war of the North Atlantic Treaty Organisation with Yugoslavia is only one example of this tendency. But it is a good example, because the "humanitarian catastrophe" that was triggered by Western air-strikes also highlights the fact that the "new Europe" is far from being an examplary place where human rights are widely respected. The essay examines in a critical way the extent to which politics in the pre-9/11 "new Europe" were actually characterised by human rights principles. The foundations of these principles in the "old Europe" will be considered, as well as the double challenge to politics brought about by the fall of the Berlin wall and how this challenge has been met in the 1990s by political institutions (EU's internal and external human rights policies, NATO). The essay concludes with a discussion of the universality claim of human rights in an Western-dominated and internationalised world. The essay critically reviews facts and fiction

Author: David P. Forsythe
Publisher: U of Nebraska Press
ISBN: 9780803219908
Category : Political Science
Languages : en
Pages : 304

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Book Description
I. The global setting.

Author: Kanstantsin Dzehtsiarou
Publisher: Routledge
ISBN: 1135971862
Category : Law
Languages : en
Pages : 248

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Book Description
This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Author: Jan Wouters
Publisher: Oxford University Press, USA
ISBN: 0198814194
Category : Law
Languages : en
Pages : 729

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Book Description
EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.

Author: Kirsten Shoraka
Publisher: Routledge
ISBN: 113695399X
Category : Law
Languages : en
Pages : 328

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Book Description
The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.

Author: Jakub Tyszkiewicz
Publisher: Routledge
ISBN: 1000479846
Category : Political Science
Languages : en
Pages : 244

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Book Description
This volume examines to what extent the positive atmosphere created by the Helsinki Accords contributed to the change in political circumstances seen in the countries of Central Europe, under Soviet domination. It focuses in particular on - firstly - a consequent new impetus to bolster human rights in international politics, as Western democracies - especially the US - integrated human rights concerns into its foreign policy relations with Soviet Bloc countries and - secondly – how this Western embrace of human rights seemed to create new incentives for increased dissident activity in Central and Eastern Europe and from 1976 onward. Finally, the book reminds us of the significant role of the Helsinki Accords in developing democratic practices in Eastern European societies under Soviet domination in 1975-1989 and in creating the conditions for the peaceful transition to democratic government in the years that followed. This book will be of key interest to scholars and students of the history of communism, post-Soviet, Russian, and central and East European politics, the history of human rights, and democratization.

Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701380
Category : Law
Languages : en
Pages : 238

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Book Description
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.

Author: Rory O'Connell
Publisher: Cambridge University Press
ISBN: 1107035074
Category : Law
Languages : en
Pages : 321

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Book Description
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

Author: Jan Wouters
Publisher: Oxford University Press
ISBN: 0192543938
Category : Law
Languages : en
Pages : 672

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Book Description
With the adoption of the Lisbon Treaty, the profile of human rights issues has greatly risen in relation to EU policies, whether internal or external. The EU has thereby made the commitment to ensure that all its actions are compliant with human rights, and seek to promote them. Yet, the EU's commitment has come under scrutiny, not only for its ground-breaking character, but also because recent events have put it to the test. This volume has been designed to take stock of these developments, to comprehensively discuss the conceptualization and operationalization of the EU's commitment to human rights throughout the EU's relationships, policies, actions and legislative activity, and to critically assess its outcome. This title is divided into four parts: 'Framework' presents the issues related to human rights promotion by the EU; 'Actors' delves into the relationships that play a part, at home or abroad, in regards to human rights policies and judgements; 'Policies' takes a case-study approach and systematically reviews a range of EU internal and external policies to assess their human rights impact and implementation; and finally, 'Strategies' provides an integrated assessment of the design and implementation of the EU's commitment to human rights. This book brings together essays from around the world, each discussing different aspects of EU commitment, and evaluating the extent to which the EU is delivering on it. Each chapter provides an introduction to the state of affairs, discusses opportunities and challenges, and provides recommendations. As such, it is an essential reference book on human rights policies throughout the EU and their impact throughout the world.