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The Open Architecture of European Human Rights Law

Nico Krisch

in Beyond Constitutionalism: The Pluralist Structure of Postnational Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199228317
eISBN:
9780191594793
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228317.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

Chapter 4 analyses the European human rights regime, often regarded as a prime example of constitutionalization beyond the state. At closer inspection, this description turns out to be misguided—the ... More


Impact on General Principles of Treaty Interpretation

Jonas Christoffersen

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

The interpretation of human rights treaties is widely believed to be subject to special rules, deviating from generally accepted interpretative canons of international law. The view is most clearly ... More


Impact on State Succession in Respect of Treaties

Menno T. Kamminga

in The Impact of Human Rights Law on General International Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199565221
eISBN:
9780191705281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565221.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines practice under the European Convention on Human Rights and under the International Covenant on Civil and Political Rights. It shows that practice under the European Convention ... More


Introduction

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The rule of law concept has attracted much attention both in the decisions and reports of international organisations and in international law scholarship. At the same time, international law ... More


The Legality Concept in the Case Law

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

In the case law of the European Court of Human Rights (ECtHR), legality demands that interferences with the European Convention on Human Rights (Convention) rights are, first, based on a national ... More


The Substantive Contents of Law

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

The European Court of Human Rights (ECtHR) has strengthened the procedural focus of the European Convention on Human Rights (Convention) based on the rule of law. Articles 5, 6, 7, and 13 of the ... More


Democracy

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

In the case law of the European Court of Human Rights (ECtHR), the core values of democracy are the plurality of ideas, the freedom of speech, tolerance, broad mindedness, and political ... More


Much Ado About Human Rights †: The Federal Constitutional Court Confronts the European Court of Human Rights

Matthias Hartwig

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0027
Subject:
Law, Public International Law

This chapter presents a case note from 2005, which examines the Federal Constitutional Court's controversial response to decisions of the European Court of Human Rights (ECtHR). The Federal ... More


The Concept of Indirect Expropriation in Comparative Public Law—Searching for Light in the Dark

Markus Perkams

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0004
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter analyses the concept of indirect expropriation in international investment agreements. In particular, it focuses on the distinction between a compensable indirect expropriation and a ... More


The Effect of Subsequent Practice on the European Convention on Human Rights: Considerations from a General International Law Perspective

Anja Seibert-Fohr

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

Under which conditions and to what extent can subsequent State practice legitimately influence the interpretation or even modify international treaties? This issue of general international law has ... More


Council of Europe

Oliver Lewis

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0004
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and ... More


Dialogue between Courts

Alison L Young

in Democratic Dialogue and the Constitution

Published in print:
2017
Published Online:
March 2017
ISBN:
9780198783749
eISBN:
9780191826450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783749.003.0009
Subject:
Law, Constitutional and Administrative Law, Public International Law

The chapter evaluates dialogue between the UK courts and the European Court of Human Rights and the European Court of Justice. It explains how the different constitutional relationship between these ... More


United Kingdom

Anna Lawson and Lucy Series

in The UN Convention on the Rights of Persons with Disabilities in Practice: A Comparative Analysis of the Role of Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198786627
eISBN:
9780191828911
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198786627.003.0014
Subject:
Law, Public International Law, Constitutional and Administrative Law

This chapter explores how courts in the United Kingdom have used and interpreted the Convention on the Rights of Persons with Disabilities (CRPD) by analysing the seventy-five cases mentioning the ... More


Introduction—Conflicts of Rights in Theoretical and Comparative Perspective

Stijn Smet

in When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony?

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter frames the book’s debate by delineating the extent of persistent reasonable disagreement on both the existence and resolution of human rights conflicts in the context of the ... More


Conclusion

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

Similar to theoretical accounts of the rule of law, also in the case law, the rule of law is a layered concept with a core content. Also, in both contexts the quality requirements of legality and the ... More


The Domestic Judiciary in the Architecture of the Strasbourg System of Human Rights

David Kosař and Jan Petrov

in How International Law Works in Times of Crisis

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198849667
eISBN:
9780191883941
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198849667.003.0016
Subject:
Law, Public International Law

The Strasbourg system of human rights has been going through a backlog, legitimacy, and implementation crisis during the past decade. Debates addressing the future of the ECHR system and seeking ... More


Introductory Note: General Obligations of the States Parties Under the Decisions of the European Court of Human Rights in 2014

Adriana Fillol Mazo and Ana Cristina Gallego Hernández

in The Global Community Yearbook of International Law and Jurisprudence 2015

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190647759
eISBN:
9780190647766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190647759.003.0032
Subject:
Law, Public International Law

During 2014, the European Court of Human Rights had occasion to pronounce on the general obligations of the European Convention of Human Rights (ECHR), specifically in relation to Articles 1, 15, 35, ... More


Public Law Concepts to Balance Investors’ Rights with State Regulatory Actions in the Public Interest—the Concept of Proportionality

Benedict Kingsbury and Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0003
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter observes that investment treaty tribunals are increasingly confronted with resolving conflicts between investment protection and competing public policy concerns, including the ... More


The Standard of Equivalent Protection as a Standard of Review

Veronika Bílková

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0015
Subject:
Law, Public International Law, Comparative Law

Chapter 15 discusses the concept of ‘standard of equivalent protection’ as a specific form of standard of review used within European human rights law. Such a standard provides that no detailed ... More


Jurisdiction and Responsibility: Trends in the Jurisprudence of the Strasbourg Court

Marko Milanovic

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the overarching trends in the jurisprudence of the European Court of Human Rights on questions of State jurisdiction in the sense of Article 1 of the European Convention on ... More


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