Jacobs White And Ovey The European Convention On Human Rights

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Explores the key principles underpinning the decisions made by the European Court of Human Rights, and provides a guide to the pivotal cases in each area.

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Genre : Convention for the Protection of Human Rights and Fundamental Freedoms
Author : Bernadette Rainey
Publisher : Oxford University Press, USA
Release : 2021
File : 792 Pages
ISBN-13 : 9780198847137


Jacobs White Ovey The European Convention On Human Rights

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"The highly experienced and respected authors select the most important case law and give a highly authoritative, concise account of the European Convention on Human Rights. Focuses on the European Convention itself rather than its implementation in any one member state, and so is essential reading for human rights students across Europe. Examines each Convention right in turn, with a newly revised structure to map even more closely to human rights courses. As a lecturer and a practitioner, the authors are perfectly placed to provide up-to-date coverage of Strasbourg case law and explain it in a lively, straightforward manner" -- From publisher's website.

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Genre : Law
Author : Robin C A White
Publisher : Oxford University Press, USA
Release : 2010-03-18
File : 718 Pages
ISBN-13 : 9780199543380


Jacobs White And Ovey

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'The European Convention on Human Rights' protects human rights in nearly 50 European countries. If States fail to meet the standards required by the Convention, victims of violations can complain to the Strasbourg Court of Human Rights. This book examines both the substance and procedure under the Convention.

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Genre : Law
Author : Bernadette Rainey
Publisher : Oxford University Press, USA
Release : 2014
File : 723 Pages
ISBN-13 : 9780199655083


Lethal Force The Right To Life And The Echr

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In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law's narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society's foundational distinction between acceptable force and unacceptable violence, and indicate democratic society's essential attributes as a restrained, responsible and reflective system.

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Genre : Law
Author : Stephen Skinner
Publisher : Bloomsbury Publishing
Release : 2019-08-22
File : 231 Pages
ISBN-13 : 9781509929542


A Constitutionalist Approach To The European Convention On Human Rights

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This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.

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Genre : Law
Author : Lisa Sonnleitner
Publisher : Bloomsbury Publishing
Release : 2022-04-21
File : 272 Pages
ISBN-13 : 9781509946891


Opinion Writing And Case Preparation

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Opinion Writing and Case Preparation equips trainee barristers with the tools and techniques they need to identify, analyse, and present convincing legal arguments, and gives a thorough grounding in the skill of writing opinions. With its systematic approach to legal research and fact management, the manual provides trainee barristers with an efficient and reliable method for preparing a client's case. The fundamental qualities of effective writing are also clearly identified and explained, helping you develop this essential skill. Particular care is taken to guide you through the appropriate ways of writing opinions in a variety of contexts.

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Genre : Law
Author : The City Law School
Publisher : Oxford University Press
Release : 2016-08-11
File : 395 Pages
ISBN-13 : 9780198765981


The Treatment Of Immigrants In The European Court Of Human Rights

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This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted phenomenon, with criminal justice and harsh use of immigration measures becoming more and more entwined. This book asks: how has the European Court of Human Rights responded? Drawing on case law from across the spectrum of rights, it will show how effective it has been in countering detention and deportation, if at all. This makes an original contribution to growing focus on 'crimmigration'.

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Genre : Law
Author : Amanda Spalding
Publisher : Bloomsbury Publishing
Release : 2022-07-14
File : 228 Pages
ISBN-13 : 9781509947416


Legal Aspects Of Planetary Defence

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Impacts by asteroids or comets on Earth may lead to natural disasters of catastrophic dimensions. This book addresses legal and policy aspects of ‘planetary defence’ activities by space agencies and other actors aiming at the prediction and mitigation of Near-Earth Objects (NEOs).

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Genre : Law
Author : Irmgard Marboe
Publisher : BRILL
Release : 2021-09-27
File : 458 Pages
ISBN-13 : 9789004467606


International Investment Protection Within Europe

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The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU’s assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in-depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.

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Genre : Business & Economics
Author : Julien Berger
Publisher : Routledge
Release : 2020-11-24
File : 255 Pages
ISBN-13 : 9781000227062


Static And Evolutive Treaty Interpretation

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How should international treaties be interpreted over time? This book addresses what evolutive interpretation looks like in reality.

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Genre : Law
Author : Christian Djeffal
Publisher : Cambridge University Press
Release : 2016
File : 451 Pages
ISBN-13 : 9781107118317