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 PDF

Author: Louwrens R. Kiestra

Publisher: Springer

Published: 2014-09-11

Total Pages: 335

ISBN-13: 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 PDF

Author: Louwrens Rienk Kiestra

Publisher: T.M.C. Asser Press

Published: 2014-10-09

Total Pages: 329

ISBN-13: 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 Interpretation and Application of the European Convention of Human Rights

The Interpretation and Application of the European Convention of Human Rights PDF

Author: Malgosia Fitzmaurice

Publisher: Martinus Nijhoff Publishers

Published: 2012-11-30

Total Pages: 303

ISBN-13: 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 PDF

Author: Council of Europe

Publisher: Council of Europe

Published: 2016-11-01

Total Pages: 108

ISBN-13: 9287183864

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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 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 PDF

Author: Theodor Meron

Publisher:

Published: 2000

Total Pages: 30

ISBN-13:

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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.

The European Convention on Human Rights and General International Law

The European Convention on Human Rights and General International Law PDF

Author: Anne van Aaken

Publisher: European Society of Internatio

Published: 2018-10-11

Total Pages: 353

ISBN-13: 0198830009

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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.

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