In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Courta (TM)s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of a oeprimaritya in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

Defensive Relativism describes how governments around the world use cultural relativism in legal argument to oppose international human rights law. Defensive relativist arguments appear in international courts, at the committees established by human rights treaties, and at the United Nations Human Rights Council. The aim of defensive relativist arguments is to exempt a state from having to apply international human rights law, or to stop international human rights law evolving, because it would interfere with cultural traditions the state deems important. It is an everyday occurrence in international human rights law and defensive relativist arguments can be used by various types of states. The end goal of defensive relativism is to allow a state to appear human rights compliant while at the same time not implementing international human rights law. Drawing on a range of materials, such as state reports on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and cases from the European Court of Human Rights involving freedom of religion, this book provides a definitive survey of defensive relativism. Crucially, Frederick Cowell argues, defensive relativism is not about alternative practices of human rights law, or debates about the origins or legitimacy of human rights as a concept. Defensive relativism is instead a variety of tactical argument used by states to justify ignoring international human rights law. Yet, as Cowell concludes, defensive relativism can’t be removed from the law, as it is a reflection of unresolved tensions about the nature of what it means for rights to be universal.

Thoroughly updated since the first edition of 1994, this volume contains a comprehensive account of Strasbourg case law and the underlying principles of the European Convention on Human Rights.

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.

A leading theme in this impressive collection of essays in honour of Professor Gudmundur Alfredsson is the advancement of international rules and mechanisms to empower individuals, groups and peoples everywhere to pursue their rights nationally, regionally and internationally. The book deals with the many areas of international law and national policies and practices in which important progress has been made since the adoption of the Universal Declaration of Human Rights for better protection of human rights in the modern world. It equally provides a critical discussion of the difficulties and failures in various areas and probes questions and issues that are pending solution at the national, regional or universal levels. The book begins with the examination by several authors from their different perspectives (general international law, international human rights law and humanitarian law) of the existence and meaning of the right to peace. Subsequent chapters examine in detail the standard setting, monitoring and other ways of ensuring compliance by States and international organizations with the applicable human rights rules. A special chapter is devoted to the rights of indigenous peoples and minorities, an issue of particular interest and concern to Gudmundur Alfredsson. The contributors are academics or practitioners in the field of international law and human rights, nearly all of whom having in their own work been closely associated with Professor Alfredsson's various projects aimed at the promotion and protection of human rights. "This is a remarkable book, written by insiders for one of the most prominent players in the international human rights system, particularly at the UN level. It can serve as a genuine commentary on many of the most burning issues within that system, ranging from the performance of the UN Human Rights Council and the situation of "UNmikistan" (Kosovo) to the latest developments of the law on minorities and indigenous peoples, both at the global and regional level." H.E. Judge Bruno Simma, International Court of Justice.

'This volume by Robert Kolb and Gloria Gaggioli, contributed by some of the most renowned experts in the field, devotes an impressive amount of legal analysis to the most diverse aspects of the interplay between international humanitarian law and international human rights law in situations of violence, in theory and practice. It is bound to become an indispensable tool for scholars and practitioners alike.' Marco Pedrazzi, University of Milan, ItalyThis fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world. Contributors to this volume provide a comprehensive treatment of the ongoing relationship between human rights law and humanitarian law, from the historical background and origins of the two bodies of law to their various applications today. Divided into four parts Historical Background, Common Issues, The Need for a Combined Approach, and Monitoring Mechanisms the Handbook presents a rich and varied spectrum of original research and thought from some of the brightest minds in the field.This groundbreaking volume will surely have great appeal for anyone with a professional or academic interest in human rights law and humanitarian law, from students to professors to practitioners in the field.

The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.