Handbook on the European Convention on Human Rights


Book Description

In clear and concise words, this Handbook offers a comprehensive and up-to-date overview of the European Convention and the European Court of Human Rights and its case-law. Numerous cross-references guide the reader through the various topics. Various summaries condense the different principles of the Court’s case-law. With a Foreword by Judge Robert Spano, President of the European Court of Human Rights.




Blasphemy and Freedom of Expression


Book Description

This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.




The Changing Nature of Customary International Law


Book Description

This book examines the evolution of customary international law (CIL) 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 CIL 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 CIL is formed and identified. In doing so, the book surveys the process and substance of CIL, as well as the problematic distinction between the elements of state practice and opinio juris. By applying an inclusive positivist approach, Noora Arajärvi analyses the methodologies of identification of CIL in selected cases of the ICTY, and their normative foundations. Through examination of the case-law and the reasoning of courts and tribunals, Arajärvi demonstrates to what extent the court's chosen method of identification of CIL affects the process of custom formation and the resulting system of norms in general. The book will be of great value to researchers and scholars of international law, international relations, and practitioners with interests in customary international law.




The European Court of Human Rights


Book Description

This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.




Women, Business and the Law 2020


Book Description

The World Bank Group’s Women, Business and the Law examines laws and regulations affecting women’s prospects as entrepreneurs and employees across 190 economies. Its goal is to inform policy discussions on how to remove legal restrictions on women and promote research on how to improve women’s economic inclusion.




Protection from Refuge


Book Description

The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.




Admissibility of Evidence in EU Cross-Border Criminal Proceedings


Book Description

This book provides a systematic and analytical account of the problems facing transnational criminal justice. It details actual problems arising in the transnational prosecution of crimes; assesses existing obstacles on admissibility of evidence; in particular with regard to electronic evidence, assesses the impact that the impediment of free circulation of evidence has on fundamental rights of the defendants facing criminal trial; and finally drafts a proposal for the future of regulation for this complex topic. The book therefore contributes to the debate on the creation of an Area of Freedom, Security and Justice in the EU. It offers insights on how to outline the main general rules that could be adopted at EU level in a manner that adequately balances the need for efficiency in prosecution and the protection of human rights. With contributions of renowned experts in the field, the book addresses the discussion of a potential legislative proposal with the help of insight into the experience and conceptual context of the rules of evidence at the national level. The legislative proposal was adopted by the European Law Institute, who supported the work reflected in this book.




The European Court of Human Rights


Book Description

Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.




Regional Approaches to the Protection of Asylum Seekers


Book Description

This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.