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Author : Amrei Müller
Release : 2017-05-25
Genre : Law
Kind : eBook
Book Rating : 582/5 ( reviews)
Book Synopsis Judicial Dialogue and Human Rights by : Amrei Müller
Download or read book Judicial Dialogue and Human Rights written by Amrei Müller. This book was released on 2017-05-25. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.
Author : Paolo Lobba
Release : 2017
Genre : Law
Kind : eBook
Book Rating : 743/5 ( reviews)
Book Synopsis Judicial Dialogue on Human Rights by : Paolo Lobba
Download or read book Judicial Dialogue on Human Rights written by Paolo Lobba. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Dialogue on Human Rights' offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to test the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims? rights. Another section of the book seeks to devise a methodologically sound ?grammar? of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
Author : Paolo Lobba
Release : 2017-08-28
Genre : Law
Kind : eBook
Book Rating : 753/5 ( reviews)
Book Synopsis Judicial Dialogue on Human Rights by : Paolo Lobba
Download or read book Judicial Dialogue on Human Rights written by Paolo Lobba. This book was released on 2017-08-28. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Dialogue on Human Rights offers a critical legal perspective on the manner in which international criminal tribunals select, (re-)interpret and apply the principles and standards formulated by the European Court of Human Rights. A part of the book is devoted to testing the assumption that the current practice of cross-referencing, though widespread, is incoherent in method and erratic in substance. Notable illustrations analysed in the book include the nullum crimen principle, prohibition of torture, hearsay evidence and victims’ rights. Another section of the book seeks to devise a methodologically sound ‘grammar’ of judicial dialogue, focussing on how and when human rights concepts may be transferred into the context of international criminal justice.
Author : René Provost
Release : 2012-08-10
Genre : Law
Kind : eBook
Book Rating : 101/5 ( reviews)
Book Synopsis Dialogues on Human Rights and Legal Pluralism by : René Provost
Download or read book Dialogues on Human Rights and Legal Pluralism written by René Provost. This book was released on 2012-08-10. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have transformed the way in which we conceive the place of the individual within the community and in relation to the state in a vast array of disciplines, including law, philosophy, politics, sociology, geography. The published output on human rights over the last five decades has been enormous, but has remained tightly bound to a notion of human rights as dialectically linking the individual and the state. Because of human rights’ dogged focus on the state and its actions, they have very seldom attracted the attention of legal pluralists. Indeed, some may have viewed the two as simply incompatible or relating to wholly distinct phenomena. This collection of essays is the first to bring together authors with established track records in the fields of legal pluralism and human rights, to explore the ways in which these concepts can be mutually reinforcing, delegitimizing, or competing. The essays reveal that there is no facile conclusion to reach but that the question opens avenues which are likely to be mined for years to come by those interested in how human rights can affect the behaviour of individuals and institutions.
Author : Elena Abrusci
Release : 2022-12-31
Genre : Political Science
Kind : eBook
Book Rating : 177/5 ( reviews)
Book Synopsis Judicial Convergence and Fragmentation in International Human Rights Law by : Elena Abrusci
Download or read book Judicial Convergence and Fragmentation in International Human Rights Law written by Elena Abrusci. This book was released on 2022-12-31. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
