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| 1. | Baumgärtel, Moritz : Demanding rights, 2019 |
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BIBLIOGRAPHIC LEVEL: monograph Demanding rights : Europe's supranational courts and the dilemma of migrant vulnerability / Baumgärtel, Moritz - (Cambridge asylum and migration studies), xvii, 188 p. - Cambridge : Cambridge University Press, 2019. ISBN 978-1-108-73388-5 LANGUAGE: ENG INTRODUCTION: While nominally protected across Europe, the human rights of vulnerable groups often fail to deliver their promised benefits in practice. This sociolegal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative, multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as reconceptualisation of human rights as existential commitments. ABSTRACT: CONTENTS:. 1. Introduction. 2. Expanding the right to stay?. 3. Establishing responsibility?. 4. Reaffirming jurisdiction?. 5. From dilemmatic to strategic adjudication. 6. From strategic to consolidating litigation. 7. Migrant rights as existential commitments. 8. Demanding rights: some conclusions. INDEX WORDS:
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| 2. | Gerards, Janneke : General principles of the European Convention on Human Rights, 2019 |
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BIBLIOGRAPHIC LEVEL: monograph General principles of the European Convention on Human Rights / Gerards, Janneke, vii, 266 p. - Cambridge : Cambridge University Press, 2019. ISBN 978-1-108-71828-8 LANGUAGE: ENG INTRODUCTION: The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the convention rights in individual cases. The book offers a clear insight into the concepts and principles that are key to understanding the European convention and the court's case law. It explains how the court generally approaches the many cases brought before it and which tools help it to decide on these cases, illustrated by numerous examples taken from the court's judgments. Core issues discussed are the types of convention rights (such as absolute rights); the structure of the court's convention rights review; principles and methods of interpretation (such as common ground interpretation and the use of precedents); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and requirements for the restriction of convention rights. ABSTRACT: CONTENTS:. 1. The basics of the convention system. 2. The court's overall argumentative approach: mediating between the abstract and the concrete. 3. Principles governing the interpretation and application of convention rights. 4. Methods of convention interpretation. 5. Positive and negative obligations. 6. Vertical and horizontal effect. 7. The margin of appreciation doctrine. 8. Justification of restrictions I: lawfulness. 9. Justification of restrictions II: legitimate aim. 10. Justification of restrictions III: necessity, proportionality and fair balance. INDEX WORDS:
NOTE (GENERAL): ECHR |
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| 3. | Murray, Rachel : The African Charter on Human and Peoples' Rights, 2019 |
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BIBLIOGRAPHIC LEVEL: monograph The African Charter on Human and Peoples' Rights : a commentary / Murray, Rachel - (Oxford commentaries on international law), xx, 866 p. - Oxford : Oxford University Press, 2019. ISBN 978-0-19-881058-2 LANGUAGE: ENG INTRODUCTION: The African Charter on Human and Peoples' Rights is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provision of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the Charter is led principally by the jurisprudence and documentation of the African Commission and the African Court. The text also identifies the overall development of the Charter within the broader regional and international human rights legal arena. ABSTRACT: CONTENTS:. 1. Introduction. 2. Article 1: Obligations of Member States. 3. Article 2: Non-discrimination. 4. Article 3: Equality before the law and equal protection of the law. 5. Article 4: The right to life and integrity of the person. 6. Article 5: Respect of dignity: prohibition of slavery and torture and other forms of ill-treatment. 7. Article 6: Right to liberty and security of the person. 8. Article 7: Right to a fair trial. 9. Article 8: Freedom of conscience and religion. 10. Article 9: Right to receive information and freedom of expression. 11. Article 10: Freedom of association. 12. Article 11: Right to assemble. 13. Article 12: Freedom of movement. 14. Article 13: Participation in the government, access to the public service and to public property. 15. Article 14: Right to property. 16. Article 15: Right to work. 17. Article 16: Right to health. 18. Article 17: Right to education, cultural life and the promotion of morals and traditional values. 19. Article 18: Protection of the family, rights of women, older persons and persons with disabilities. 20. Article 19: Equality of peoples. 21. Article 20: Peoples' right to existence, self-determination and freedom from foreign domination. 22. Article 21: Disposal of wealth and natural resources. 23. Article 22: Right to development. 24. Article 23: Right to peace and security. 25. Article 24: Right to general satisfactory environment. 26. Article 25: Human rights teaching, education and publication. 27. Article 26: Independence of the courts and establishment of national institutions. 28. Articles 27-29: Individual duties. 29. Articles 30-40: The African Commission on Human and Peoples' Rights. 30. Articles 41-44: Appointment of secretary, election of chair and vice chair, voting, privileges and immunities. 31. Articles 45 and 46: Mandate and procedure of the African Commission. 32. Articles 47-54: Inter-state communications and activity reports. 33. Articles 55 and 57: Individual communications procedure. 34. Article 56: Admissibility of individual communications. 35. Article 58: Serious or massive violations and emergencies. 36. Article 59: Confidentiality and publication. 37. Articles 60 and 61: Applicable principles. 38. Article 62: State reporting. 39. Articles 63-68: Signature, ratification and adherence, reservations and protocols. INDEX WORDS:
NOTE (GENERAL): ACHPR LIBRARY LOCATION: IMR SHELF CODE: Inst.ref. |
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| 4. | Pyaneandee, Coomara : International disability law, 2019 |
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BIBLIOGRAPHIC LEVEL: monograph International disability law : a practical approach to the United Nations Convention on the Rights of Persons with Disabilities / Pyaneandee, Coomara, xxxi, 218 p. - London : Routledge, 2019. ISBN 978-1-138-59347-3 LANGUAGE: ENG INTRODUCTION: This book provides a concise quide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies and provides commentaries on more than 50 leading cases. The author elaborates on the obligations of states parties under the CRPD and other international treaties, while also spelling out the rights of persons with disabilities, and the different mechanisms that exist at both domestic and international levels for ensuring that those rights are respected, protected and promoted. The author also delineates the traditional differentiation between civil and political rights on the one hand, snd economic, social and cultural rights on the other. He demonstrates, through analysis of the evolving case law, how the gap between these two sets of rights is gradually closing. The result is a powerful tool for political decision-makers, academics, legal practitioners, law students, persons with disabilities and their representative organisation, human rights activists and general readers. ABSTRACT: CONTENTS:. 1. Functions of the CRPD Committee. 2. Pillars of the CRPD. 3. Women and girls with disabilities. 4. Legal capacity and access to justice. 5. Security of the person. 6. Right to life. 7. Participation in political and public life. 8. Accessibility. 9. Right to education. 10. Right to work and employment. 11. Inclusive independent living. Conclusion. INDEX WORDS:
NOTE (GENERAL): CRPD |
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| 5. | Amalfitano, Chiara : General principles of EU law and the protection of fundamental rights, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph General principles of EU law and the protection of fundamental rights / Amalfitano, Chiara, 232 p. - Cheltenham : Edward Elgar Publishing, 2018. ISBN 978-1-78643-942-0 LANGUAGE: ENG INTRODUCTION: This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that, due to their complementary and autonomous function, the general principles still play a key role in the protection of fundamental rights within the EU despite the binding force of the Charter. Analysis throughout the book shows that the role of general principles concerning fundamental rights is particularly evident when they reflect the specificities of the EU legal system and contribute to ensuring autonomy. These conclusions are supported through a comprehensive review of the relevant case law of the European Court of Justice in the field of fundamental rights protection. A particular focus is placed on convergences and discrepancies with respect to the jurisprudence of the European Court of Human Rights. ABSTRACT: CONTENTS:. Introduction. 1. The current system of fundamental rights protection in the European Union. 2. The relationship between the sources of fundamental rights protection in the EU legal order. 3. The role of the general principles of law concerning fundamental rights in the post-Lisbon case law of the Court of Justice. 4. The role of the general principles of law beside and beyond the Charter. Final remarks. INDEX WORDS:
NOTE (GENERAL): TEU; ECHR; EU charter of fundamental rights |
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| 6. | Costelloe, Daniel : Legal consequences of peremptory norms in international law, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Legal consequences of peremptory norms in international law / Costelloe, Daniel - (Cambridge studies in international and comparative law), xlviii, 322 p. - Cambridge : Cambridge University Press, 2018. ISBN 978-1-316-50840-4 LANGUAGE: ENG INTRODUCTION: When is a norm peremptory? This is a question that has troubled legal scholars thoughout the development of modern international law. In this work, the author suggests, through an examination of state practice and international materials, that it is the legal consequences of a norm which distinguish it as peremptory. The book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the conseqences of peremptory norms have remained understudied. This is the first specifically on this topic. ABSTRACT: CONTENTS:. 1. Peremptory norms and their legal consequences as a feature of general international law. 2. Legal consequences for treaties. 3. Peremptory norms outside the Vienna Convention: their questionable validity by reason of their content. 4. Legal consequences for Security Council resolutions. 5. Legal consequences for certain unilateral acts. 6. Legal consequences in the law of international responsibility. 7. Conflict between a peremptory norm and general international law: legal consequences for state immunity. General conclusions. INDEX WORDS:
NOTE (GENERAL): Vienna convention on the law of treaties |
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| 7. | Duffy, Helen : Strategic human rights litigation, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Strategic human rights litigation : understanding and maximising impact / Duffy, Helen, xix, 308 p. - Oxford : Hart, 2018. ISBN 978-1-50992-197-3 LANGUAGE: ENG INTRODUCTION: Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL, and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL, in the multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina: torture and detention in the 'war on terror': and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future. ABSTRACT: CONTENTS:. 1. Introduction. 2. The growing field of 'human rights' litigation in the world today: context, trends, opportunities and challenges. 3. Understanding impact: bursting the bubble on the champagne moment. 4. Identifying levels of impact. 5. Case study Hadijatou Mani v Niger: slavery before the ECOWAS court. 6. Case study Plan de Sánchez v Guatemala: genocide in the inter-American system. 7. Case study Arbitrary detention, torture and extraordinary rendition: litigating the 'war on terror'. 8. Case study Justice for enforced disappearence in Argentina. 9. Case study Litigating Palestinian land rights. 10. Litigating strategically and meeting the challenges. 11. Conclusion: appreciating and demythologising strategic human rights litigation. INDEX WORDS:
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| 8. | Ghezelbash, Daniel : Refuge lost, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Refuge lost : asylum law in an interdependent world / Ghezelbash, Daniel, 207 p. - Cambridge : Cambridge University Press, 2018. ISBN 978-1-108-44141-4 LANGUAGE: ENG INTRODUCTION: As Europe deals with a so-called 'refugee crisis', Australia's harsh border control policies have been suggested as a possible model for Europe to copy. Key measures of this system such as long-term mandatory detention, intercepting and turning boats around at sea, and the extraterritorial processing of asylum claims were actually used in the United States long before they were adopted in Australia. The book examines the process through which these policies spread between the United States and Australia and the way the courts in each jurisdiction have dealt with the measures. The author's innovative interdisciplinary analysis shows how policies and practices that 'work' in one country might not work in another. This timely book is a must-read for those interested in preserving the institution of asylum in a volatile international and political climate. ABSTRACT: CONTENTS:. 1. Introduction. 2. Managing asylum-seeker flows in the twenty-first century. 3. Long-term mandatory immigration detention. 4. Maritime interdiction. 5. Extraterritorial processing. 6. International law. 7. Lessons for other jurisdictions INDEX WORDS:
GEOGRAPHICAL TERMS: Australia / United States |
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| 9. | Langford, Malcolm (ed.) : Social rights judgments and the politics of compliance, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Social rights judgments and the politics of compliance : making it stick / Langford, Malcolm (ed.) ; Rodriguez-Garavito, César (ed.) ; Rossi, Julieta (ed.), 527 p. - Cambridge : Cambridge University Press, 2018. ISBN 978-1-316-61331-3 LANGUAGE: ENG INTRODUCTION: The past few decades have witnessed an explosion of judgments on social rights arouhd the world. However, we know little about whether these rulings have been implemented. This is the first book to engage in a comparative study of compliance of social rights judgments as well as their broader effects. Covering fourteen different domestic and international jurisdictions and drawing on multiple disciplines, it finds significant variance in outcomes and revals both spectacular successes and failures in making social rights a reality on the ground. This variance is strikingly similar to that found in previous studies on civil rights and the key explanatory factors lie in the political calculus of defendants and the remedial framework. The book also discusses which strategies have enhanced implementation and focuses on judicial reflexivity, alliance building and social mobilisation. ABSTRACT: CONTENTS:. 1. Malcolm Langford, César Rodriguez-Garavito and Julieta Rossi: Introduction: from jurisprudence to compliance. 2. Basak Cali and Anne Koch: Explaining compliance: lessons learnt from civil and political rights. 3. César Rodriguez-Garavito: Beyond enforcement: assessing and enhancing judicial impact. 4. Bruce M. Wilson and Olman A. Rodriguez: Costa Rica: understanding variations of compliance. 5. Martin Sigal, Julieta Rossi and Diego Morales: Argentina: implementation of collective cases. 6. Octavio Luiz Motta Ferraz: Brazil: are collective suits harder to enforce? 7. Bruce Porter: Canada: systemic claims and remedial diversity. 8. Cathy Albisa and Amanda Shanor: United States: education rights and the parameters of the possible. 9. Poorvi Chitalkar and Varun Gauri: India: compliance with orders on the right to food. 10. Malcolm Langford and Steve Kahanovitz: South Africa: rethinking enforcement narratives. 11. Frans Viljoen: The African human rights system and domestic enforcement. 12. Luisa Cabal and Suzannah Phillips: Reproductive rights litigation: from recognition to transformation. 13. Andi Dorrushi and Theodoros Alexandris: International housing rights and domestic prejudice: the case of Roma and travellers. 14. Daniel M. Brinks: Solving the problem of (non)compliance in social and economics rights litigation. INDEX WORDS:
GEOGRAPHICAL TERMS: Argentina / Brazil / Canada / Colombia / Costa Rica / India / South Africa / United States |
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| 10. | Leijten, Ingrid : Core socio-economic rights and the European Court of Human Rights, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Core socio-economic rights and the European Court of Human Rights / Leijten, Ingrid - (Cambridge studies in European law and policy), 329 p. - Cambridge : Cambridge University Press, 2018. ISBN 978-1-107-19847-0 LANGUAGE: ENG INTRODUCTION: The book deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights. It connects the Court's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the Court's reasoning in socio-economic cases, as well as contributing to the debate on indivisible rights adjudication in an age of rights inflation and proportionality review. ABSTRACT: CONTENTS:. Introduction: reasoning individual rights. 1. The ECHR and socio-economic rights protection. 2. Making sense of the ECtHR's socio-economic protection. 3. The stages of fundamental rights adjudication. 4. Core rights as limits to limitations. 5. Minimum cores and the scope of fundamental rights. 6. Core socio-economic content. 7. A core rights perspective for the ECtHR. 8. Core socio-economic rights in the case law of the ECtHR. Conclusion: fit and future INDEX WORDS:
NOTE (GENERAL): ECHR; CESCR |
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| 11. | Scott, Matthew : Refugee status determination in the context of 'natural' disasters and climate change, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Refugee status determination in the context of 'natural' disasters and climate change : a human rights-based approach / Scott, Matthew, 395 p. - Lund : Lund University, 2018. ISBN 978-91-7753-641-3 LANGUAGE: ENG INTRODUCTION: This thesis is concerned with refugee status determination (RSD) in the context of 'natural' disasters and climate change. Considering evidence that the legal predicament of people who seek recognition of refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifying theoretical as well as doctrinal impediments to a clear and principled application of international refugee law in this connection, the thesis asks the question 'in what kinds of circumstances may a person establish, within the meaning of Article 1A(2) of the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, a well-founded fear of being persecuted for a Convention reason in the context of 'natural' disasters and climate change? Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the thesis draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to being persecuted, which is argued to be event-based and preoccupied with the nature of the harm, rather than the discriminatory context in which exposure and vulnerability arise. A novel human rights-based interpretation of the refugee definition is adopted and applied in answer to the reseach question. ABSTRACT: CONTENTS:. 1. Setting the scene. 2. RSD in the context of 'natural' disasters and climate change: principles and perspectives. 3. Two disaster paradigms. 4. Principles and perspectives in practice: jurisprudence on RSD in the context of 'natural' disasters and climate change. 5. Finding agency in adversity: the human rights-based approach in New Zealand jurisprudence. 6. Interpreting refugee definition. 7. The temporary scope of being persecuted: an event or a condition of existence?. 8. The personal scope of being persecuted: the function of discrimination within the refugee definition. 9. Conclusion: refugee status determination and 'natural' disasters. INDEX WORDS:
GEOGRAPHICAL TERMS: New Zealand NOTE (THESIS): Doctoral dissertation in law, Lund University NOTE (GENERAL): Refugee convention and its Protocol |
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| 12. | Szeibert, Orsolya (ed.) : Developments in family law, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Developments in family law : Year by year I / Szeibert, Orsolya (ed.), 211 p. - Budapest : Elte University Press, 2018. ISBN 9789634891161 LANGUAGE: ENG INTRODUCTION: This volume contains introductions to the main institutions of family law in 11 European jurisdictions. It gives an overview of the main sources of family law and explores also some judgments of the national Supreme Court, Constitutional Court or upper courts of each country, which have significance in shaping family law and its interpretation in national family law institutions. ABSTRACT: CONTENTS: 1. Elisabeth Alofs and Anne-Sophie Vandenbosch: Belgium. 2. Dimitar Topuzov: Bulgaria. 3. Branka Resetar: Croatia. 4. Lenka Westphalová: Czech Republic. 5. Orsolya Szeibert: Hungary. 6. Maria Donata Panforti: Italy. 7. Piotr Fiedorczyk: Poland. 8. Rute Teixeira Pedro: Portugal. 9. Marius Floare: Romania. 10. Suzana Kraljic: Slovenia. 11. Jordi Ribot: Spain. INDEX WORDS:
GEOGRAPHICAL TERMS: Belgium / Bulgaria / Croatia / Czech Republic / Hungary / Italy / Poland / Portugal / Slovenia / Spain |
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| 13. | Temperman, Jeroen : Religious hatred and international law, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Religious hatred and international law : the prohibition of incitement to violence or discrimination / Temperman, Jeroen - (Cambridge studies in international and comparative law), xxxvi, 394 p. - Cambridge : Cambridge University Press, 2018. ISBN 978-1-107-57569-1 LANGUAGE: ENG INTRODUCTION: The UN International Covenant on Civil and Political Rights obliges states parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, what degree of intent? This analysis also includes the paramount question if, and to what extent, content and/or context factors ought to be decisive. The author engages extensively with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights. ABSTRACT: CONTENTS:. 1. Introduction. PART I: THE GENESIS OF THE PROHIBITION OF RELIGIOUS HATRED CONSTITUTING INCITEMENT IN INTERNATIONAL LAW. 2. Pre-ICCPR developments. 3. The drafting of Article 20(2) ICCPR. PART II: PRELIMINARY MATTERS. 4. The mandatory nature of Article 20(2) ICCPR. 5. Article 20(2) ICCPR: prohibition per se or also a human right?. 6. Comparative international perspectives: CERD and the European Court of Human Rights on the 'right to be free from incitement'. PART III: LEGISLATIVE OBLIGATIONS: DEFINING THE SCOPE OF THE OFFENCE OF 'ADVOCACY OF RELIGIUS HATRED THAT CONSTITUTES INCITEMENT'. 7. The actus reus of 'advocacy of religious hatred constituting incitement': threshold, definitions and concepts. 8. National incitement law checklist. PART IV: JUDGING INCITEMENT. 9. Intents. 10. The context of religious hatred. 11. Holocaust denial and glorification of religious violence. PART V: AGGRAVATING FACTORS AND SANCTIONS. 12. Organized hatred. 13. Sanctions. PART VI: CONCLUSION. 14. Conclusion INDEX WORDS:
NOTE (GENERAL): ICCPR; CERD; ECHR |
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| 14. | van Dijk, P. (ed.) : Theory and practice of the European Convention on Human Rights, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Theory and practice of the European Convention on Human Rights / van Dijk, P. (ed.) ; van Hoof, F. (ed.) ; van Rijn, A. (ed.) ; Zwaak, L. (ed.). - 5th ed.., xvii, 1230 p.. - Cambridge : Intersentia, 2018. ISBN 978-1-78068-494-9 LANGUAGE: ENG INTRODUCTION: Since the first edition of Theory and Practice of the European Convention on Human Rights in 1978, this book has become a leading reference in the field of human rights in Europe. It provides a systematic and comprehensive overview of the functioning of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its application by the European Court of Human Rights. With Protocol No. 14 entering into foce on 1 June 2010, the protection of human rights in Europe and the case law of the Court have seen a dynamic development during the last decade. A completely new edition of Theory and Practice of the European Covention on Human Rights was thus very much needed. ABSTRACT: Contents:. INDEX WORDS:
NOTE (GENERAL): ECHR |
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| 15. | Varuhas, Jason NE : Damages and human rights, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Damages and human rights / Varuhas, Jason NE, lii, 499 p. - Oxford : Hart, 2018. ISBN 978-1-50992-444-8 LANGUAGE: ENG INTRODUCTION: Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law juridictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a juridical balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. ABSTRACT: CONTENTS:. 1. Introduction. 2. The tort framework. 3. A tort-based approach to human rights damages. 4. The public law - private law distinction. 5. Human rights damages and 'just satisfaction'. 6. Interest-balancing approaches. 7. Other methods of limiting human rights damages 8. Conclusion. INDEX WORDS:
GEOGRAPHICAL TERMS: United Kingdom |
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| 16. | Handbook on European non-discrimination law, 2018 |
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BIBLIOGRAPHIC LEVEL: monograph Handbook on European non-discrimination law /, 295 p. - Luxembourg : European Union Agency for Fundamental Rights and Council of Europe, 2018. ISBN 978-92-9491-909-0 LANGUAGE: ENG INTRODUCTION: European non-discrimination law, as constituted in particular by the EU non-discrimination directives, and Article 14 and Protocol 12 to the European Convention on Human Rights, prohibits discrimination across a range of contexts and grounds. This handbook examines European non-discrimination law stemming from these two sources as complementary systems, drawing on them interchangeably to the extent that they overlap, while highlighting differences where these exist. It also contains references to other Council of Europe instruments, in particular the European Social Charter, as well as to relevant United Nations instruments. With the impressive body of case law by the European Court of Human Rights and the Court of Justice of the European Union in the non-discrimination field, it seems useful to present, in an accessible way, a handbook intended for legal practitioners, such as judges, prosecutors and lawyers, as well as law-enforcement officers, in the EU and Council of Europe member states and beyond. ABSTRACT: CONTENTS:. 1. Introduction to European non-discrimination law: context, evolution and key principles. 2. Discrimination categories. 3. Justification for less favourable treatment under European non-discrimination law. 4. Selected areas of protection. 5. Protected groups. 6. Procedural issues in non-discrimination law. INDEX WORDS:
NOTE (GENERAL): ECHR, ECHRP-12; EU charter of fundamental rights; ESC |
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| 17. | Brems, Eva (ed.) : Integrated human rights in practice, 2017 |
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BIBLIOGRAPHIC LEVEL: monograph Integrated human rights in practice : rewriting human righte decisions / Brems, Eva (ed.) ; Desmet, Ellen (ed.), 537 p. - Cheltenham : Edward Elgar Publishing, 2017. ISBN 978-1-78643-369-4 LANGUAGE: ENG INTRODUCTION: This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law. The book shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures. ABSTRACT: CONTENTS:. 1. Eva Brems: Introduction: rewriting decisions from a perspective of human rights integration. 2. Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot: Questions of method: the use of 'external sources' in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR). 3. Gerald L. Neuman: Standing alone or together: the Human Rights Committee's decision in AP v Russian Federation. 4. Magnus Killander: Use of comparative authority in the drafting of judgments of a new regional human rights court: African Court on Human and Peoples' Rights, Zongo v Burkina Faso. 5. Malcolm Langford: Same-sex marriage in polarized times: revisiting Joslin v New Zealand (HRC). 6. Valeska David: Caring, rescuing or punishing? Rewriting RMS v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty. 7. Wouter Vandenhole: Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of Employed Pensioners of Greece (IKA-ETAM) v Greece (ECSR). 8. Rhona Smith: Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later. 9. Eva Brems: Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization: CEDAW Committee, 4/2004, AS v Hungary. 10. Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive: Objection ladies! Taking IPPE-EN v Italy (ECSR) one step further. 11. Helena De Vylder: Rewriting CLR on behalf of Valentin Câmpeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability. 12. Marijke De Pauw and Paul De Hert: Integrating disability and elder rights into the ECHR: rewriting McDonald v The United Kingdom (ECtHR). 13. Antoine Bailleux and Isabelle Hachez: Another look at Glatzel (ECJ): of principles and discriminations. 14. Martin Scheinin: Taking seriously indigenous peoples' right of self-determination and the principle of 'free, prior and informed consent': Human Rights Committee, 2102/2011, Paadar et al. v Finland. 15. Steefan Smis and Derek Inman: Rewriting Social and Economic Rights Action Center and the Center for Economic and Social Rights v Nigeria (African Commission on Human and Peoples' Rights): pushing indigenous peoples' rights in Africa forward. 16. Liselot Verdonck and Ellen Desmet: Moving human rights jurisprudence to a higher gear: rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (IACtHR) INDEX WORDS:
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| 18. | Laidlaw, Emily B. : Regulating speech in cyberspace, 2017 |
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BIBLIOGRAPHIC LEVEL: monograph Regulating speech in cyberspace : gatekeepers, human rights and corporate responsibility / Laidlaw, Emily B., xxiii, 330 p. - Cambridge : Cambridge University Press, 2017. ISBN 978-1-107-62699-7 LANGUAGE: ENG INTRODUCTION: Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through and ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the west. The book explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights. ABSTRACT: CONTENTS:. 1. The internet as a democratising force. 2. A framework for identifying internet information gatekeepers. 3. Corporate social responsibility in cyberspace. 4. Mechanisms of information control: ISPs. 5. Mechanisms of information control: search engines. 6. A corporate governance model for the digital age. INDEX WORDS:
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| 19. | Arajärvi, Noora : The changing nature of customary international law, 2016 |
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BIBLIOGRAPHIC LEVEL: monograph The changing nature of customary international law : methods of interpreting the concept of custom in international criminal tribunals / Arajärvi, Noora, xix, 194 p. - London : Routledge, 2016. ISBN 978-1-138-21047-9 LANGUAGE: ENG INTRODUCTION: The book examines the evolution of customary international law as a source of international law. Using the International Criminal Tribunal for the former Yugoslavia (ICTY) as a key case study, the book explores the importance of customary international law in the development of international criminal law and focuses on the ways in which international criminal tribunals can be said to change the ways in which customary international law is formed and identified. In doing so, the book surveys the process and substance of customary international law as well as the problematic distinction betwen the elements of state practice and opinio juris. By applying an inclusive positivist approach, the author analyses the methodologies of identification of customary international law in selected cases of the ICTY, and their normative foundations. Through examination of the case law and the reasoning of courts and tribunals, the author demonstrates to what extent the court's chosen method of identification of customary international law affects the process of custom formation and the resulting system of norms in general. ABSTRACT: CONTENTS:. Introduction. 1. Genesis of customary international law and international criminal law. 2. New concept of customary international law: the role of the international criminal judge. 3. Customary international law in the decisions of the ICTY. 4. The principle of legality and customary international law. 5. The need for a new conceptual framework for the sources in international law. General conclusion. INDEX WORDS:
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| 20. | Brems, Eva (ed.) : Stereotypes and human rights law, 2016 |
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BIBLIOGRAPHIC LEVEL: monograph Stereotypes and human rights law / Brems, Eva (ed.) ; Timmer, Alexandra (ed.), 198 p. - Cambridge : Intersentia, 2016. ISBN 978-1-78068-368-3 LANGUAGE: ENG INTRODUCTION: Stereotypes are beliefs about groups of people. Some examples, taken from human rights case law, are the notions that 'Roma are thieves', 'women are responsible for childcare', and 'people with mental disability are incapable of forming political opinions'. Increasingly, human rights monitoring bodies - including the European and inter-American human rights courts, the Committee on the Elimination of Discrimination against Women, and the Committee on the Elimination of Racial Discrimination - voice concerns about stereotypes. Human rights bodies thus appear to be starting to realise what social psychologists discovered a long time ago: that stereotypes underlie unequality and discrimination. Despite their relevance and their legal momentum, however, stereotypes have so far received little attention from human rights law scholars. This volume is the first one to broadly analyse stereotypes as a human rights issue. The scope of the book includes different stereotyping grounds, such as race, gender and disability. Moreover, this book examines stereotyping approaches across a broad range of supranational human rights monitoring bodies, including the United Nations human rights treaty system as well as the regional systems that are most developed when it comes to addressing stereotypes: the Council of Europe and the inter-American system. ABSTRACT: CONTENTS:. 1. Eva Brems and Alexandra Timmer: Introduction. 2. Simone Cusack: Building momentum towards change: how the UN's response to stereotyping is evolving. 3. Lourdes Peroni and Alexandra Timmer: Gender stereotyping in domestic violence cases: an analysis of the European Court of Human Rights' jurisprudence. 4. Vernónica Undurraga: Gender stereotyping in the case law of the Inter-American Court of Human Rights. 5. Michael Perlin: 'My sense of humanity has gone down the drain': stereotypes, stigma and sanism. 6. Mathias Möschel: Racial stereotypes and human rights. 7. Rikki Holtmaat: The head of the woman is the man: the failure to address gender stereotypes in the legal procedures around the Dutch SGP. 8. Rebecca Cook and Cornelia Weiss: Gender stereotyping in the military: insights from court cases. INDEX WORDS:
NOTE (GENERAL): CEDAW; CERD; ECHR; ACHR |
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| 21. | Chirwa, Danwood Mzikenge (ed.) : The protection of economic, social and cultural rights in Africa, 2016 |
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BIBLIOGRAPHIC LEVEL: monograph The protection of economic, social and cultural rights in Africa : international, regional and national perspectives / Chirwa, Danwood Mzikenge (ed.) ; Chenwi, Lilian (ed.), 583 p. - Cambridge : Cambridge University Press, 2016. ISBN 978-1-107-17356-1 LANGUAGE: ENG INTRODUCTION: The book critiques the three main models of constitutionally protecting economic, social and cultural rights in Africa - direct, indirect and hybrid models. It examines the choices that states have made, how the models have worked, whether they have been tested in litigation and the jurisprudence that has arisen. The book analyses the protection of the economic, social and cultural rights in a range of African countries. Leading legal academics explore how these rights feature at the regional and sub-regional levels, as well as the link between domestic and international mechanisms of enforcement. ABSTRACT: CONTENTS:. PART I: INTRODUCTION. 1. Danwood M. Chirwa and Lilian Chenwi: The protection of economic, social and cultural rights in Africa. PART II: INTERNATIONAL PROTECTION. 2. Lilian Chenwi and Danwood M. Chirwa: Direct protection of economic, social and cultural rights in international law. 3. Martin Scheinin: Indirect protection of economic, social and cultural rights in international law. PART III: AFRICAN REGIONAL AND SUB-REGIONAL PROTECTION. 4. Manisuli Ssenyonjo: The protection of economic, social and cultural rights under the African Charter. 5. Rebecca Brown and Judy Oder: The protection of women's economic, social and cultural rights in Africa. 6. Julia Sloth-Nielsen: The protection of children's economic, social and cultural rights under the African Children's Charter. 7. Lilian Chenwi: Protection of the economic, social and cultural rights of older persons and persons with disabilities in the African regional system. 8. Danwood M. Chirwa: Group rights and the protection of economic, social and cultural rights in Africa. 9. Frans Viljoen: Regional institutional and remedial arrangements for the judicial enforcement of economic, social and cultural rights in Africa. 10. Solomon T. Ebobrah: Sub-regional judicial enforcement of economic, social and cultural rights. PART IV: DOMESTIC CONSTITUTIONAL PROTECTION MODELS AND JURISPRUDENCE. 11. Sandra Liebenberg: Direct constitutional protection of economic, social and cultural rights in South Africa. 12. Godfrey O. Odongo and Godfrey M. Musila: Direct constitutional protection of economic, social and cultural rights under Kenya's 2010 Constitution. 13. Aquinaldo C. Mandlate, Joao Nhampossa and Danwood M. Chirwa: Direct constitutional protection of economic, social and cultural rights in Lusophone legal systems: Angola and Mozambique. 14. Fatimata Diallo: Direct constitutional protection of economic, social and cultural rights in Francophone legal systems: Senegal. 15. Sisay A. Yeshanew: Ethiopia's hybrid constitutional protection of economic, social and cultural rights. 16. Christopher Mbazira: Uganda's hybrid constitutional protection of economic, social and cultural rights. 17. Peter A. Atupare: Ghana's hybrid constitutional protection of economic, social and cultural rights. 18. Enyinna S. Nwauche: Indirect constitutional protection of economic, social and cultural rights in Nigeria. 19. Atangcho N. Akonumbo: Indirect constitutional protection of economic, social and cultura rights in Cameroon. INDEX WORDS:
GEOGRAPHICAL TERMS: Africa / Angola / Cameroon / Ethiopia / Ghana / Kenya / Mozambique / Nigeria / Senegal / South Africa / Uganda NOTE (GENERAL): ACHPR; African charter on the rights and welfare of the child; Protocol to the African charter on the rights of women in Africa |
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| 22. | Estrada-Tanck, Dorothy : Human security and human rights under international law, 2016 |
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BIBLIOGRAPHIC LEVEL: monograph Human security and human rights under international law : the protections offered to persons confronting structural vulnerability / Estrada-Tanck, Dorothy, 333 p. - Oxford : Hart, 2016. ISBN 978-1-84946-882-4 LANGUAGE: ENG INTRODUCTION: Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two part approach. Firstly, it evaluates convergences between human security and all human rights - civil, political, economic, social and cultural - and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts acress disciplinary boundaries. ABSTRACT: CONTENTS:. 1. Human security: an overview. 2. Human security, international law and human rights. 3. The human security-human rights synergy. 4. Violence against women, human security and women's human rights. 5. Human security and rights of undocumented migrants and other non-citizens. 6. Undocumented female migrants and illustrative migrant cases. 7. Conclusions on the human security-human rights synergy and prospective routes. INDEX WORDS:
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| 23. | Fabbrini, Federico (ed.) : Constitutionalism across borders in the struggle against terrorism, 2016 |
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BIBLIOGRAPHIC LEVEL: monograph Constitutionalism across borders in the struggle against terrorism / Fabbrini, Federico (ed.) ; Jackson, Vicki C. (ed.), viii, 359 p. - Cheltenham : Edward Elgar Publishing, 2016. ISBN 978-1-78471-538-0 LANGUAGE: ENG INTRODUCTION: This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms - or anti-constitutional practices - from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. ABSTRACT: CONTENTS:. 1. Federico Fabbrini and Vicki C. Jackson: Introduction. 2. Martin Scheinin: United Nations law: substantive constitutionalism through human rights versus formal hierarchy through Article 103 of the Charter. 3. Erika de Wet: (Implicit) judicial favoring of human rights over United Nations Security Council sanctions: a manifestation of international constitutionalism?. 4. Karen Cooper and Clive Walker: Heroic or hapless? The legal reform of counter-terrorism financial sanctions regimes in the European Union. 5. Cian C. Murphy: The dynamics of transnational counter-terrorism law: towards a methodology, map, and critique. 6. Vicki C. Jackson: Translating rights across centuries: U.S. constitutional protection against unreasonable searches and seizures in a transnational era. 7. Akiko Ejima: Japanese efforts to have a secrecy law and a 'National Security Council': a runner who is one lap behind? Or good things come to those who wait?. 8. Kim Lane Scheppele: The deep dilemma of evidence in the global anti-terror campaign. 9. David Cole and Federico Fabbrini: Reciprocal privacy: towards a transatlantic agreement. 10. Jennifer Daskal: Transnational seizures: the constitution and criminal procedure abroad. 11. Brice Dickson: The extra-territorial obligations of European states regarding human rights in the context of terrorism. 12. Jonathan Hafetz: Detention at sea: the persistence of territorial constraints on constitutional rights. 13. Anna Su: The extraterritorial First Amendment. 14. Or Bassok: Missing in action: the human eye. 15. Stephen Ellmann: Unraveling the law of war. 16. Lech Garlicki: Conclusion. INDEX WORDS:
GEOGRAPHICAL TERMS: Japan / United States NOTE (MEETINGS): Conference of the Research Group on 'Constitutional Responses to Terrorism' of the International Association of Constitutional Law, Harvard Law School, March 2014 |
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| 24. | Saul, Ben : Indigenous peoples and human rights, 2016 |
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BIBLIOGRAPHIC LEVEL: monograph Indigenous peoples and human rights : international and regional jurisprudence / Saul, Ben, 216 p. - Oxford : Hart, 2016. ISBN 978-1-901362-40-4 LANGUAGE: ENG INTRODUCTION: The book explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. It examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard-setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms. ABSTRACT: CONTENTS:. Introduction: indigenous peoples and human rights. 1. Identifying 'indigenous' peoples in international law. 2. The United Nations Human Rights Committee. 3. Other UN human rights treaty bodies and indigenous peoples. 4. Regional human rights systems: indigenous property rights in land and natural resources. 5. Regional human rights systems: indigenous cultural, socio-economic and physical integrity rights. Conclusion: future normative and implementation challenges. INDEX WORDS:
NOTE (GENERAL): UN declaration on the rights of indigenous peoples |
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| 25. | Equal rights review, 2016 |
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BIBLIOGRAPHIC LEVEL: part of a serial Equal rights review : intersectionality, vol. 16 (2016) /, 239 p. - London : The Equal Rights Trust, 2016. - ISSN 1757-1650 LANGUAGE: ENG ABSTRACT: CONTENTS:. 1. Jade Glenister: Good intentions: can the 'protective custody' of women amount to torture?. 2. Se-shauna Wheatle: The constitutionality of the 'homosexual advance defence' in the Commonwealth Caribbean. 3. Gerard Quinn: Reflections on the value of intersectionality to the development of non-discrimination law. 4. Ben Smith: Intersectional discrimination and substantive equality: a comparative and theoretical perspective. 5. Ivona Truscan and Joanna Bourke-Martignoni: International human rights law and intersectional discrimination. 6. Siobhan Curran: Intersectionality and human rights law: an examination of the coercive sterilisation of Romani women. 7. Shreya Atrey: Through the looking glass of intersectionality: making sense of Indian discrimination jurisprudence under Article 15. 8. Johanne Bouchard and Patrice Meyer-Bisch: Intersectionality and interdependence of human rights: same or different?. INDEX WORDS:
GEOGRAPHICAL TERMS: Caribbean countries / India |
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| 26. | Boer, Ben (ed.) : Environmental law dimensions of human rights, 2015 |
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BIBLIOGRAPHIC LEVEL: monograph Environmental law dimensions of human rights / Boer, Ben (ed.), xxvi, 246 p. - Oxford : Oxford University Press, 2015. ISBN 978-0-19-873614-1 LANGUAGE: ENG INTRODUCTION: How can we guarantee a right to life or a right to health without also guaranteeing a decent environment in which to exercise these rights? It is becoming increasingly obvious that a high quality environment is key to the fundamental human rights to life and health, and associated rights such as the right to clean water, adequate housing, and food. This book canvasses a range of law and policy issues concerning human rights and the environment. Each chapter examines an aspect of the links between environmental law and human rights in substantive and/or procedural terms, loosely falling into four themes: human rights and the environment in the context of the private sector; analysis of decisions of the European courts, and comparisons between Inter-American and European human rights cases; human rights and the environment in the Asia-Pacific region; and the future direction of human rights and environment. ABSTRACT: CONTENTS:. Introduction, by Ben Boer. 1. Square pegs and round holes? Environmental rights and the private sector, by Natasha Affolder. 2. Benefit-sharing as a bridge between the environmental and human rights accountability of multinational corporations, by Elisa Morgera. 3. Environmental jurisprudence of the European and Inter-American Courts of Human Rights: comparative insights, by Riccardo Pavoni. 4. The EU courts and access to environmental justice, by Ludwig Krämer. 5. Environmental law and human rights is the Asia-Pacific, by Ben Boer. 6. Human displacement and climate change in the Asia-Pacific, by Stefan Gruber. 7. Human rights and the environment: where next?, by Alan Boyle. INDEX WORDS:
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| 27. | Dahlberg, Maija : Do you know it when you see it?, 2015 |
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BIBLIOGRAPHIC LEVEL: monograph Do you know it when you see it? : a study on the judicial legitimacy of the European Court of Human Rights / Dahlberg, Maija, 118 p. - Joensuu : University of Eastern Finland, 2015. - ISSN 1798-5749 ISBN 978-952-61-1769-0 LANGUAGE: ENG INTRODUCTION: The European Court of Human Rights has been criticised on the basis of its far-reaching interpretations of the provisions of the European Convention on Human Rights, and serious doubts have also been expressed as to the effects of its caseload crisis. This study focuses on criticism of the far-reaching interpretations of the convention to be found in the judgments delivered by the European Court of Human Rights. This thesis consists of four peer-reviewed articles, and judicial legitimacy lies at the heart of each. The underlying questions are: 1) what is the Court's of judicial legitimacy based on and 2) how can its judicial legitimacy be accomplished? ABSTRACT: CONTENTS:. 1. Introduction. 2. The current story of legitimacy. 3. 'Once upon a time': four stories regarding the legitimacy of the ECtHR. 4. Conclusions. INDEX WORDS:
NOTE (THESIS): Dissertation in social sciences and business studies, University of Eastern Finland NOTE (GENERAL): ECHR |
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| 28. | Dembour, Marie-Bénédicte : When humans become migrants, 2015 |
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BIBLIOGRAPHIC LEVEL: monograph When humans become migrants : study of the European Court of Human Rights with an inter-American counterpoint / Dembour, Marie-Bénédicte, xxxvi, 540 p. - Oxford : Oxford University Press, 2015. ISBN 978-0-19-966784-0 LANGUAGE: ENG INTRODUCTION: The treatment of migrants is one of the most challenging issues that human rights jurisprudence faces today, as the controversies surrounding immigration often lead to practices that are at odds with the ethics of treating migrants as individuals worthy of human rights. This book examines the opposing ways in which the European Court of Human Rights and the Inter-American Court of Human Rights treat claims lodged by migrants. It combines legal, sociological, and historical analysis to show that the two courts were the product of different backgrounds, which led to differing attitudes towards migrants in their founding texts, and that these differences were reinforced in their developing case law. The book assesses the case law of both courts in detail to argue that they approach migrant cases from fundamentally different perspectives. It asserts that the European Court of Human Rights treats migrants first as aliens, and then - but only as a second step in its reasoning - as human beings. By contrast, the Inter-American Court of Human Rights approaches migrants as human beings in their first instance. The book argues that the Inter-American Court of Human Rights takes a fundamentally more human rights-driven approach to migration. It shows how these trends formed at the courts, and assesses whether their approaches have changed over time. Ultimately it asks whether the divergence in the case law of the two courts is likely to continue, and what avenues exist in order to produce a more progressive case law at Strasbourg. ABSTRACT: CONTENTS:. 1. Introduction. 2. The alien in the social imagination of the founding texts. 3. Rejecting the legacy of empire: postcolonial dereliction (East African Asians case). 4. Dislocating families: the Strasbourg reversal (Abdulaziz, Cabales and Balkandali). 5. Not-so-threatening foreigners: nationality as a core human rights issue (Advisory Opinion 4/84). 6. Shattering lives: the normalisation of deportation (after Berrehab). 7. The sleeping beauty awakens late: an absolute prohibition with many buts (around Soering). 8. Social protection? All are equal, but some more so than others (after Gaygusuz). 9. The voice of the Inter-American Court: equality as jus cogens (Advisory Opinions 16/99 and 18/03). 10. Reparations are a big issue: taking human rights one step further (Yean and Bosico). 11. Migrants, not criminals: the continual elaboration of strong human rights norms in the Inter-American system (Vélez Loor). 12. Domestic asylum procedures aside: scrutinising Strasbourg's 'scrutinity' (M.S.S.). 13. The darkest case law: condoning rightlessness (Bonger et alia). 14. On the road to substantive equality: due process and non-discrimination at San José (Nadege Dorzema and Pacheco Tineo) - by Lourdes Peroni. 15. Conclusions: the way forward. INDEX WORDS:
NOTE (GENERAL): ECHR; ACHR |
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| 29. | Garcia, Helena Alviar (ed.) : Social and economic rights in theory and practice, 2015 |
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BIBLIOGRAPHIC LEVEL: monograph Social and economic rights in theory and practice : critical inquiries / Garcia, Helena Alviar (ed.) ; Klare, Karl (ed.) ; Williams, Lucy A. (ed.), xvi, 327 p.. - London : Routledge, 2015. ISBN 978-0-415-70564-6 LANGUAGE: ENG INTRODUCTION: Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil social and economic rights for their peoples. This book is a product of the International Social and Economic Rights Project, a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of social and economic rights law in promoting real change in people's lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of social and economic rights and the path-breaking social and economic rights jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of social and economic rights cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the social and economic rights community. ABSTRACT: CONTENTS:. INDEX WORDS:
GEOGRAPHICAL TERMS: Argentina / Brazil / Canada / Chile / Colombia / Germany / India / South Africa / USA / Venezuela |
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| 30. | Geiger, Rudolf (ed.) : European Union treaties, 2015 |
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BIBLIOGRAPHIC LEVEL: monograph European Union treaties : a commentary / Geiger, Rudolf (ed.) ; Khan, Daniel-Erasmus (ed.) ; Kotzur, Markus (ed.), lxviii, 1248 p. - München : C.H. Beck, 2015. ISBN 978-3-406-62877-1 LANGUAGE: ENG INTRODUCTION: The book comprises concise article-by-article commentaries on the most recent version of the Treaty on European Union and the Treaty on the Functioning of the European Union, supplemented by the Charter of Fundamental Rights (including the comments of the European Convention's Presidency) and the Treaty Protocols. The authors, all of them specialists on European law, provide a compact overview of the European primary law and also refer to the relevant secondary law. Each commentary contains an introduction to the particular legal area at issue and gives particular importance to the current case law of the European Court of Justice. INDEX WORDS:
NOTE (GENERAL): TEU; TFEU; Charter of fundamental rights of the European Union LIBRARY LOCATION: VIB |
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