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Friendly Settlements before the European Court of Human Rights: Theory and Practice

Helen Keller, Magdalena Forowicz, and Lorenz Engi

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199600977
eISBN:
9780191595820
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199600977.001.0001
Subject:
Law, Human Rights and Immigration, EU Law

The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly ... More


The Reception of International Law in the European Court of Human Rights

Magdalena Forowicz

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.001.0001
Subject:
Law, Human Rights and Immigration

This book provides an overview of the reception of international law in the case law of the European Commission on Human Rights (ECommHR) and the European Court of Human Rights (ECtHR). It evaluates ... More


Economic and Non-Economic Values in the Case Law of the European Court of Human Rights

Pasquale De Sena

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter argues that the relationship between ECtHR case law relating to protection of property rights and the traditional principles of international law on foreign investments swings between a ... More


Is the European Court of Human Rights an Alternative to Investor-State Arbitration?

Ursula Kriebaum

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0011
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses to what extent the EctHR can replace or complement international arbitration bodies, and under what conditions investors can and should file their claim at the ECtHR rather ... More


‘Proportional’ by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration

Jasper Krommendijk and John Morijn

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the possibility of applying the proportionality principle, which is currently used by the ECtHR in its jurisprudence, in investor-state arbitration and, particularly, in ... More


Rights in Criminal Proceedings under the ECHR and the ICTY Statute—A Precarious Comparison

Stefan Trechsel

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter takes as a starting point the fact that the rights of the accused are formulated in almost identical terms in the International Bill of Human Rights and in the Statutes of International ... More


Introduction: The European Court of Human Rights between Law and Politics

Jonas Christoffersen and Mikael Rask Madsen

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The introduction argues for including the study of the ECtHR in general scholarship on international judicial institutions. The ECtHR provides a key case as to understanding the evolution of ... More


The Protracted Institutionalization of the Strasbourg Court: From Legal Diplomacy to Integrationist Jurisprudence

Mikael Rask Madsen

in The European Court of Human Rights between Law and Politics

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199694495
eISBN:
9780191729782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694495.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

Some of the most decisive developments in European human rights law took place in the mid to late 1970s when the ECtHR embarked on crafting what is now known as its dynamic human rights doctrine. ... More


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

Stijn Smet and Eva Brems (eds)

Published in print:
2017
Published Online:
August 2017
ISBN:
9780198795957
eISBN:
9780191837135
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198795957.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book aims to answer key questions surrounding (purported) conflicts of human rights at the European Court of Human Rights. Some of these questions concern the very existence of human rights ... More


Euroconstitutionalism and its Discontents

Oliver Gerstenberg

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198834335
eISBN:
9780191872433
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198834335.001.0001
Subject:
Law, Constitutional and Administrative Law

This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep ... More


Courting Gender Justice: Russia, Turkey, and the European Court of Human Rights

Lisa McIntosh Sundstrom, Valerie Sperling, and Melike Sayoglu

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190932831
eISBN:
9780190932862
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190932831.001.0001
Subject:
Law, Human Rights and Immigration

Women and the LGBT (lesbian, gay, bisexual, and transgender) community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. ... More


Gender Discrimination Cases at the European Court of Human Rights: Why So Few?

Lisa McIntosh Sundstrom, Valerie Sperling, and Melike Sayoglu

in Courting Gender Justice: Russia, Turkey, and the European Court of Human Rights

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190932831
eISBN:
9780190932862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190932831.003.0001
Subject:
Law, Human Rights and Immigration

Over the past two decades, Russian citizens whose rights have been violated at home have appealed tens of thousands of cases to the European Court of Human Rights (ECtHR), which rules on the basis of ... More


The Enforcement of ECtHR Judgments

Élisabeth Lambert Abdelgawad

in The Enforcement of EU Law and Values: Ensuring Member States' Compliance

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198746560
eISBN:
9780191808487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746560.003.0020
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter analyses the measures adopted both to prevent and sanction defiance, and also tries to sketch possible reforms to improve compliance in the European system of human rights. Strictly ... More


The European Court of Human Rights and Discriminatory Violence Complaints

Jasmina Mačkić

in The Globalization of Hate: Internationalizing Hate Crime?

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198785668
eISBN:
9780191827730
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198785668.003.0015
Subject:
Law, Criminal Law and Criminology

The European Court of Human Rights (ECtHR) has been criticized for its reluctance to recognize the discriminatory nature of violence against minority groups. In several cases the Court has, after ... More


Religion in the Greek Public Sphere: Debating Europe's Influence

Effie Fokas

in Orthodox Constructions of the West

Published in print:
2013
Published Online:
January 2014
ISBN:
9780823251926
eISBN:
9780823253067
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823251926.003.0011
Subject:
Religion, Religion and Society

This chapter navigates between two bodies of theory regarding secularization in Orthodox contexts and the influence of ‘Europe’ on the latter: does ‘Europeanization’ lead to secularization of ... More


The European Court of Human Rights and Standards of Proof: An Evidentiary Approach towards the Margin of Appreciation

Mónika Ambrus

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/9780198716945.003.0013
Subject:
Law, Public International Law, Comparative Law

Chapter 13 looks at the concept of margin of appreciation through the lens of standard of proof. Based on a close reading of ECtHR case law, the chapter concludes that the concepts of standard of ... More


Experts in Hate Speech Cases: Towards a Higher Standard of Proof in Strasbourg?

Uladzislau Belavusau

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/9780198716945.003.0014
Subject:
Law, Public International Law, Comparative Law

Chapter 14 analyses the role that is played by expertise in the recent (2008–2012) hate speech cases decided by the ECtHR. The chapter argues that the Court has worked on the basis of three, not ... 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


The Governance of Religious Diversity at the European Court of Human Rights

Matthias Koenig

in International Approaches to Governing Ethnic Diversity

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199676583
eISBN:
9780191757211
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676583.003.0003
Subject:
Political Science, International Relations and Politics, Political Theory

This chapter explores the role of international courts in the governance of religious diversity. Drawing on recent sociological and socio-legal debates over causes and consequences of ... More


Misdiagnosing the Human Rights Malaise: Possible Lessons from the Danish Chairmanship of the Council of Europe

Jacques Hartmann

in The Global Community Yearbook of International Law and Jurisprudence 2018

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190072506
eISBN:
9780190072520
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190072506.003.0006
Subject:
Law, Public International Law

Contemporary populism is antagonistic towards human rights. As a result, the challenges now facing the human rights movement are fundamentally different from those of the past. Yet, proposed remedies ... More


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