During the last thirty years the European Court of Human Rights has been developing, at an expanding pace, positive obligations under the European Convention. This monograph provides a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is...
During the last thirty years the European Court of Human Rights has been developing, at an expanding pace, positive obligations under the European Con...
There has been a considerable focus in the last few years on the meaning of UK's Human Rights Act 1998 and its real and potential impact on judges and lawyers. Much has been written on the implications of the new legislation for a variety of areas of law. With the rising level of case-law the emphasis is now turning to the impact of the legislation on specific areas of social life. In this volume the focus is on the practice of human rights and how they are enforced in reality. There is much discussion in the literature of a 'human rights culture' but how precisely is such a culture to be...
There has been a considerable focus in the last few years on the meaning of UK's Human Rights Act 1998 and its real and potential impact on judges and...
Since the mid-1980s, beginning with the unsuccessful Union Carbide litigation in the USA, litigants have been exploring ways of holding multinational corporations MNCs] liable for offshore human rights abuses in the courts of the company's home states. The highest profile cases have been the human rights claims brought against MNCs (such as Unocal, Shell, Rio Tinto, Coca Cola, and Talisman) under the Alien Tort Claims Act in the United States. Such claims also raise issues under customary international law (which is directly applicable in US federal law) and the Racketeer Influenced and...
Since the mid-1980s, beginning with the unsuccessful Union Carbide litigation in the USA, litigants have been exploring ways of holding multinational ...
This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Instead, it reveals culture as a quality possessed by the individual with a serious impact on his/her ability to enjoy the rights and freedoms as recognized in international human rights law in meaningful and effective ways. This understanding redirects attention towards a range of issues that have long been marginalized, but which warrant a central place in human rights research and on the international human...
This new book examines the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely ...
National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number since the General Assembly adopted principles governing their effectiveness in 1993. The UN and others have encouraged states to set up such institutions as an indication of their commitment to human rights, and now over 20 such institutions exist in Africa and many more will follow. These institutions have taken various forms including ombudsmen, commissions, or a combination of the two. They differ in terms of how they are established - some by...
National Human Rights Institutions (NHRIs), defined by the UN as bodies established to promote and protect human rights, have increased in number sinc...
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book demonstrates how the design and enforcement of a human rights instrument may influence the result of that exercise. The book looks at the question of how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. Special attention is...
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obli...
The discussion of group rights, while always a part of the human rights discourse, has been gaining importance during the past decade. This discussion, which remains fundamental to a full realization by the international community of its international human rights' goals, requires careful analysis and empirical research. The present volume offers a great deal of material for both. It makes a strong case in favor of a multidisciplinary approach to human rights. It explores the origins and social, anthropological, and legal/political dimensions of human rights and internationally recognized...
The discussion of group rights, while always a part of the human rights discourse, has been gaining importance during the past decade. This discussion...
This book, one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of...
This book, one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal ...
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, while much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights...
What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human ...
